Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Basis for assessments.
When providers conduct assessments, they shall meet the
requirements in items A to C.
A. They
shall base their assessments on records, information, observations, and
techniques sufficient to substantiate their findings.
B. Except as permitted in item C, they shall
render opinions regarding individuals only after they have conducted an
examination of the individual adequate to support their statements or
conclusions, unless such an examination is not practical despite reasonable
efforts.
C. They may limit their
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.
Providers shall use tests as described in items A to
E.
A. Standardized tests shall be used
preferentially 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 provider, including when automated testing services are
used.
Subp. 3.
Reports.
The provision of a written or oral report, including
testimony of a provider as an expert witness and letters to third parties
concerning the psychological or emotional health or state of a client, must be
based on information and techniques sufficient to substantiate their findings.
Providers shall be fair and accurate and shall guard against making
unsubstantiated statements or providing unsubstantiated opinions,
interpretations, or recommendations in their reports. The report must
include:
A. a description of all
assessments, evaluations, or other procedures, including materials reviewed,
upon which the provider'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 provider'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
interpretations or report conclusions are not based on direct contact between
the provider and the client.
Subp.
4.
Private information.
A test result or interpretation regarding an individual is
private information.
Statutory Authority: MS s
148B.52
