Minnesota Administrative Rules Agency 190 - Mental Health Practice Office

26 Jun 2025 --
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Minnesota Administrative Rules – Agency 190: Mental Health Practice Office

1. Overview

MAR Agency 190 governs the Mental Health Practice Office, which regulates mental health professionals in Minnesota, including:

Psychologists

Licensed professional counselors

Marriage and family therapists

Social workers

Mental health practitioners in clinical and community settings

The rules ensure that practitioners:

Meet education and training standards

Follow ethical and professional conduct rules

Protect patient safety and confidentiality

Agency 190 also establishes procedures for licensure, discipline, and enforcement.

2. Key Provisions

A. Licensing and Registration

Practitioners must meet education, supervised experience, and examination requirements.

Licenses are time-limited and must be renewed periodically with proof of continuing education.

B. Professional Conduct

Practitioners must follow ethical standards and avoid conflicts of interest.

Violations include:

Fraud or misrepresentation

Boundary violations with clients

Practicing without a license

C. Enforcement Authority

Agency 190 can investigate complaints, hold hearings, and impose discipline including:

License suspension or revocation

Probation with conditions

Fines or civil penalties

D. Patient Protection

Rules enforce confidentiality, informed consent, and duty to report abuse.

Practitioners must report suspected child or vulnerable adult abuse under Minnesota law.

3. Enforcement Mechanisms

Complaint Intake

Complaints can come from clients, colleagues, or regulatory bodies.

Agency reviews the complaint for jurisdiction and merit.

Investigation

Interviews, record reviews, and site visits may be conducted.

Evidence is collected to determine if a violation occurred.

Administrative Hearings

Practitioners can contest complaints before an administrative law judge.

Decisions may include discipline or remediation.

Disciplinary Actions

Suspension or revocation of license

Probation with supervision or training

Fines or mandatory corrective education

4. Illustrative Case Examples

Here are six detailed enforcement examples/cases under Agency 190:

Case 1 – Practicing Without a License

Facts:
A counselor provided therapy sessions without completing the required licensure process.

Issue:
Violation of MAR 190 rules prohibiting unlicensed practice.

Action:

Agency investigation confirmed sessions were conducted without a valid license.

Outcome:

Practitioner license application denied.

Ceased practicing until full licensure requirements were met.

Significance:

Demonstrates strict enforcement of licensure requirements.

Case 2 – Boundary Violations

Facts:
A licensed therapist engaged in a personal relationship with a current client.

Issue:
Violation of ethical and professional conduct rules.

Action:

Agency received a formal complaint and conducted an investigation.

Evidence included client statements and session records.

Outcome:

License suspended for one year, with conditions requiring therapy ethics training and supervision.

Significance:

Reinforces client safety and ethical boundaries in mental health practice.

Case 3 – Failure to Report Child Abuse

Facts:
A social worker suspected abuse but failed to report it to child protective services.

Issue:
Violation of MAR 190 rules and Minnesota mandatory reporting laws.

Action:

Agency conducted interviews and reviewed case files.

Determined practitioner did not fulfill reporting obligations.

Outcome:

License probation imposed with mandatory training on reporting requirements.

Practitioner required to submit evidence of compliance with reporting laws.

Significance:

Highlights the importance of mandatory reporting in protecting vulnerable populations.

Case 4 – Fraudulent Billing

Facts:
A mental health practitioner submitted insurance claims for sessions never conducted.

Issue:
Violation of MAR 190 rules regarding honesty and ethical billing.

Action:

Agency audit and investigation confirmed fraudulent claims.

Outcome:

License revoked.

Practitioner required to repay funds obtained fraudulently.

Significance:

Enforces financial and ethical integrity in mental health practice.

Case 5 – Inadequate Supervision of Trainees

Facts:
A licensed psychologist supervised interns but failed to provide proper guidance and documentation.

Issue:
Violation of MAR 190 rules requiring supervision standards.

Action:

Investigation revealed lack of proper documentation and feedback.

Outcome:

Probation imposed; required to complete supervision training.

Must submit documentation of compliance for two years.

Significance:

Ensures quality supervision and client safety.

Case 6 – Breach of Confidentiality

Facts:
A counselor disclosed sensitive client information without consent.

Issue:
Violation of MAR 190 confidentiality rules.

Action:

Agency investigated disclosure incident and obtained client statements.

Outcome:

License suspended for six months, with mandatory confidentiality training.

Practitioner required to submit proof of future compliance.

Significance:

Protects client privacy and emphasizes professional responsibility.

5. Summary Table of Enforcement Cases

Case	Violation	Enforcement Action	Significance
Practicing Without License	Unlicensed practice	Application denied	Enforces licensure rules
Boundary Violation	Personal relationship with client	License suspension	Protects client safety
Failure to Report Abuse	Child abuse reporting failure	Probation, training	Mandatory reporting compliance
Fraudulent Billing	Insurance fraud	License revoked, repayment	Financial/ethical integrity
Inadequate Supervision	Poor trainee oversight	Probation, supervision training	Ensures quality supervision
Breach of Confidentiality	Unauthorized disclosure	License suspension, training	Protects client confidentiality