Current through Register Vol. 48, No. 39, March 25, 2024
Subpart 1.
Basis for
assessments.
When a therapist conducts assessments within the scope
of the therapist's training and experience, the therapist must meet the
requirements in items A to C.
A. The
therapist shall base an assessment on records, information, observations, and
techniques sufficient to substantiate clinical findings.
B. Except as permitted in item C, the
therapist shall render opinions regarding individuals only after the therapist
has conducted an examination of the individual that is adequate to support the
therapist's statements or conclusions, unless an examination is not practical
despite reasonable efforts.
C. The
therapist may limit assessments to reviewing records or providing testing
services when an individual examination is not warranted or necessary for the
opinion requested.
Subp.
2.
Administration and interpretation of
tests.
Therapists shall use tests as described in items A to
E.
A. Standardized tests are preferred
over nonstandardized tests.
B. All
tests must be administered and responses must be recorded, scored, and
interpreted based on practice or scientific foundations.
C. If a test is used in a nonstandard manner,
the limitations of the test and the reasons for its nonstandard use must be
clearly stated in the report.
D. A
test's reliability, validity, and normative data must be taken into account in
its selection, use, and interpretation.
E. The reliability and validity of test
statements and interpretations in reports are the responsibility of the
therapist, including when automated testing services are used.
Subp. 3.
Reports.
The provision of a written or oral report, including
testimony of a therapist as an expert witness and letters to third parties
concerning the mental, behavioral, or emotional health or state of a client,
must be based on information and techniques sufficient to substantiate the
therapist's findings. The therapist shall be fair and accurate and shall guard
against making unsubstantiated statements or providing unsubstantiated
opinions, interpretations, or recommendations in a report. The report must
include:
A. a description of all
assessments, evaluations, or other procedures, including materials reviewed,
upon which the therapist's conclusions are based;
B. any reservations or qualifications
concerning the validity or reliability of the opinions and conclusions
formulated and recommendations made, taking into account the conditions under
which the procedures were carried out, including any nonstandard use of a test,
the limitations of scientific procedures and descriptions, base rate and
baseline considerations, and the impossibility of absolute
predictions;
C. a statement
concerning any discrepancy, disagreement, or inconsistent or conflicting
information regarding the circumstances of the case that may have a bearing on
the therapist's conclusions;
D. a
statement of the nature of and reasons for any use of a test that differs from
the purposes, populations, or referral questions for which it has been designed
or validated, or that is administered, recorded, scored, or interpreted in
other than a standard and objective manner; and
E. a statement indicating whenever any test
interpretation or report conclusion is not based on direct contact between the
therapist and the client.
Subp.
4.
Private information.
A test result or
interpretation regarding an individual is private information.
