SF 26

2nd Unofficial Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

1.1A bill for an act

1.2relating to health occupations; changing provisions for operating x-ray equipment
1.3examination and practice; modifying provisions for speech-language pathology
1.4and audiology; changing licensing provisions for physical therapists and physical
1.5therapy assistants; changing licensing provisions for social work; modifying
1.6practice provisions under the Board of Pharmacy; modifying health-related
1.7licensing board provisions; appropriating money;amending Minnesota Statutes
1.82006, sections 144.121, subdivision 5, by adding subdivisions; 147.02, by
1.9adding a subdivision; 147.037, subdivision 1; 147A.27, subdivision 2; 147B.05,
1.10subdivision 2; 147C.35, subdivision 2; 147D.25, subdivision 2; 148.10,
1.11subdivision 1; 148.515, subdivision 2, by adding a subdivision; 148.65,
1.12subdivisions 2, 3, by adding a subdivision; 148.67, subdivision 1; 148.70;
1.13148.705; 148.706; 148.71; 148.73; 148.735; 148.736, subdivision 1; 148.74;
1.14148.75; 148.754; 148.755; 148.76, subdivision 1; 148.78; 148B.50, subdivision
1.155; 148B.53, subdivisions 1, 3; 148C.12, by adding subdivisions; 148D.050,
1.16subdivision 1; 148D.055, subdivisions 2, 3, 4, 5, by adding a subdivision;
1.17148D.060, subdivisions 5, 6, 7, 13, by adding a subdivision; 148D.120,
1.18subdivision 2; 148D.125, subdivision 1; 151.01, by adding subdivisions; 151.06,
1.19subdivision 1; 151.21, subdivisions 1, 2, 3, by adding a subdivision; 214.103,
1.20subdivisions 8, 9; 214.32, subdivision 1; 245.462, subdivision 18; 245.470,
1.21subdivision 1; 245.4871, subdivision 27; 245.488, subdivision 1; 256B.0623,
1.22subdivision 5; 256B.0624, subdivisions 5, 8; 256B.0943, subdivision 1; 256J.08,
1.23subdivision 73a; proposing coding for new law in Minnesota Statutes, chapters
1.24148; 148B; 148D; proposing coding for new law as Minnesota Statutes, chapter
1.25148E; repealing Minnesota Statutes 2006, sections 148.691, subdivision 3;
1.26148.71, subdivision 1; 148.72; 148.745; 148.775; 148D.001; 148D.010;
1.27148D.015; 148D.020; 148D.025; 148D.030; 148D.035; 148D.040; 148D.045;
1.28148D.050; 148D.055; 148D.060; 148D.065; 148D.070; 148D.075; 148D.080;
1.29148D.085; 148D.090; 148D.095; 148D.100; 148D.105; 148D.110; 148D.115;
1.30148D.120; 148D.125; 148D.130; 148D.135; 148D.140; 148D.145; 148D.150;
1.31148D.155; 148D.160; 148D.165; 148D.170; 148D.175; 148D.180; 148D.185;
1.32148D.190; 148D.195; 148D.200; 148D.205; 148D.210; 148D.215; 148D.220;
1.33148D.225; 148D.230; 148D.235; 148D.240; 148D.245; 148D.250; 148D.255;
1.34148D.260; 148D.265; 148D.270; 148D.275; 148D.280; 148D.285; 148D.290;
1.35Minnesota Rules, parts 2500.0500; 5601.0200; 5601.0300; 5601.0400;
1.365601.0500; 5601.0600; 5601.0700; 5601.0800; 5601.1400; 5601.1500;
1.375601.1600; 5601.2800; 5601.2900; 5601.3000; 5601.3105; 5601.3110;
1.385601.3115; 5601.3120; 5601.3125; 5601.3130; 5601.3135; 5601.3140;
1.395601.3145; 5601.3150; 5601.3155; 5601.3160; 5601.3165.
2.1BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.2    Section 1. Minnesota Statutes 2006, section 144.121, subdivision 5, is amended to read:
2.3    Subd. 5. Examination for individual operating x-ray equipment. After January
2.41, 1997, an individual in a facility with x-ray equipment for use on humans that is
2.5registered under subdivision 1 may not operate, nor may the facility allow the individual
2.6to operate, x-ray equipment unless the individual has passed an examination approved
2.7by the commissioner of health, or an examination determined to the satisfaction of the
2.8commissioner of health to be an equivalent national, state, or regional examination,
2.9that demonstrates the individual's knowledge of basic radiation safety, proper use of
2.10x-ray equipment, darkroom and film processing, and quality assurance procedures. The
2.11commissioner shall establish by rule criteria for the approval of examinations required
2.12for an individual operating an x-ray machine in Minnesota (a) After January 1, 2008, an
2.13individual in a facility with x-ray equipment for use on humans that is registered under
2.14subdivision 1 may not operate, nor may the facility allow the individual to operate, x-ray
2.15equipment unless the individual has passed a national examination for limited x-ray
2.16machine operators that meets the requirements of paragraphs (b) and (c) and is approved
2.17by the commissioner of health.
2.18    (b) The commissioner shall establish criteria for the approval of examinations
2.19based on national standards, such as the examination in radiography from the American
2.20Registry of Radiologic Technologists, the examination for limited scope of practice in
2.21radiography from the American Registry of Radiologic Technologists for limited x-ray
2.22machine operators, and the American Registry of Chiropractic Radiography Technologists
2.23for limited radiography in spines and extremities; or equivalent examinations approved
2.24by other states. Equivalent examinations may be approved by the commissioner, if
2.25the examination is consistent with the standards for educational and psychological
2.26testing as recommended by the American Education Research Association, the American
2.27Psychological Association, the National Council on Measurement in Education, or the
2.28National Commission for Certifying Agencies. The organization proposing the use of an
2.29equivalent examination shall submit a fee to the commissioner of $1,000 per examination
2.30to cover the cost of determining the extent to which the examination meets the examining
2.31standards. The collected fee shall be deposited in the state treasury and credited to the
2.32state government special revenue fund.
2.33    (c) The examination for limited x-ray machine operators must include:
2.34    (1) radiation protection, equipment maintenance and operation, image production
2.35and evaluation, and patient care and management; and
3.1    (2) at least one of the following regions of the human anatomy: chest, extremities,
3.2skull and sinus, spine, or ankle and foot. The examinations must include the anatomy of,
3.3and positioning for, the specific regions.
3.4    (d) A limited x-ray operator who is required to take an examination under this
3.5subdivision must submit to the commissioner an application for the examination, a $25
3.6processing fee, and the required examination fee set by the national organization offering
3.7the examination. The processing fee and the examination fee shall be deposited in the state
3.8treasury and credited to the state government special revenue fund. The commissioner
3.9shall submit the fee to the national organization providing the examination.
3.10EFFECTIVE DATE.This section is effective January 1, 2008.

3.11    Sec. 2. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision
3.12to read:
3.13    Subd. 5a. Limited x-ray machine operator practice. (a) A limited x-ray operator
3.14may only practice medical radiography on limited regions of the human anatomy for
3.15which the operator has successfully passed an examination identified in subdivision 5,
3.16unless the operator meets one of the exemptions described in paragraph (b). The operator
3.17may practice using only routine radiographic procedures, for the interpretation by and
3.18under the direction of a licensed practitioner, excluding computed tomography, the use of
3.19contrast media, and the use of fluoroscopic or mammographic equipment.
3.20    (b) This subdivision does not apply to:
3.21    (1) limited x-ray machine operators who passed the examination that was required
3.22before January 1, 2008;
3.23    (2) certified radiologic technologists, licensed dental hygienists, registered dental
3.24assistants, certified registered nurse anesthetists, and registered physician assistants;
3.25    (3) individuals who are licensed in Minnesota to practice medicine, osteopathy,
3.26chiropractic, podiatry, or dentistry; and
3.27    (4) individuals who are participating in a training course in any of the occupations
3.28listed in clause (2) or (3) for the duration and within the scope of the training course.
3.29EFFECTIVE DATE.This section is effective January 1, 2008.

3.30    Sec. 3. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision
3.31to read:
3.32    Subd. 5c. Exemptions. X-ray machine operators who have met current regulations
3.33adopted by the commissioner prior to January 1, 2008, are exempt from the requirements
4.1of subdivisions 5 to 5e, but must meet the continuing education requirements provided in
4.2subdivision 5f. Subdivisions 5 to 5f do not apply to dental hygienists, dental assistants,
4.3certified registered nurse anesthetists, and individuals that are licensed in the state of
4.4Minnesota to practice medicine, osteopathy, chiropractics, podiatry, and dentistry.
4.5EFFECTIVE DATE.This section is effective January 1, 2008.

4.6    Sec. 4. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision
4.7to read:
4.8    Subd. 5d. Procedures. The commissioner shall adopt by rule procedures to be
4.9followed for examinations.
4.10EFFECTIVE DATE.This section is effective January 1, 2008.

4.11    Sec. 5. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision
4.12to read:
4.13    Subd. 5e. Variance of scope and practice. The commissioner may grant a variance
4.14according to Minnesota Rules, parts 4717.7000 to 4717.7050, to a facility for the scope of
4.15practice of an x-ray operator in cases where the delivery of health care would otherwise be
4.16compromised if a variance were not granted. The request for a variance must be in writing,
4.17state the circumstances that constitute hardship, state the period of time the facility wishes
4.18to have the variance for the scope of practice in place, and state the alternative measures
4.19that will be taken if the variance is granted. The commissioner shall set forth in writing
4.20the reasons for granting or denying the variance. Variances granted by the commissioner
4.21specify in writing the time limitation and required alternative measures to be taken
4.22by the facility. A request for the variance shall be denied if the commissioner finds the
4.23circumstances stated by the facility do not support a claim of hardship, the requested time
4.24period for the variance is unreasonable, the alternative measures proposed by the facility
4.25are not equivalent to the scope of practice, or the request for the variance is not submitted
4.26to the commissioner in a timely manner.
4.27EFFECTIVE DATE.This section is effective January 1, 2008.

4.28    Sec. 6. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision
4.29to read:
4.30    Subd. 5f. Continuing education requirements. The commissioner shall approve
4.31continuing education programs for limited x-ray operators that offer x-ray-specific courses
4.32including, but not limited to, courses offered online. A limited x-ray operator shall
5.1complete four hours of continuing education during every two-year period and pay a $20
5.2fee every two years in order to remain certified. The first two-year period ends January
5.31, 2010. A limited x-ray operator who is out of compliance shall be given three months
5.4to comply with this subdivision. After that three-month period, an individual who is out
5.5of compliance shall be required to take an examination, as provided in subdivision 5,
5.6in order to be recertified.

5.7    Sec. 7. Minnesota Statutes 2006, section 147.02, is amended by adding a subdivision
5.8to read:
5.9    Subd. 1b. Examination extension; medical reasons. The board may grant an
5.10extension to the time period and to the number of attempts permitted to pass the United
5.11States Medical Licensing Examination (USMLE) as specified in subdivision 1, paragraph
5.12(c), clause (2), if an applicant has been diagnosed with a medical illness during the process
5.13of taking the USMLE but before passage of all steps, or fails to pass a step within three
5.14attempts due to the applicant's medical illness. Proof of the medical illness must be
5.15submitted to the board on forms and according to the timelines of the board.

5.16    Sec. 8. Minnesota Statutes 2006, section 147.037, subdivision 1, is amended to read:
5.17    Subdivision 1. Requirements. The board shall issue a license to practice medicine
5.18to any person who satisfies the requirements in paragraphs (a) to (g).
5.19    (a) The applicant shall satisfy all the requirements established in section 147.02,
5.20subdivision 1 , paragraphs (a), (e), (f), (g), and (h).
5.21    (b) The applicant shall present evidence satisfactory to the board that the applicant
5.22is a graduate of a medical or osteopathic school approved by the board as equivalent
5.23to accredited United States or Canadian schools based upon its faculty, curriculum,
5.24facilities, accreditation, or other relevant data. If the applicant is a graduate of a medical
5.25or osteopathic program that is not accredited by the Liaison Committee for Medical
5.26Education or the American Osteopathic Association, the applicant must may use the
5.27Federation of State Medical Boards' Federation Credentials Verification Service (FCVS)
5.28or its successor. If the applicant uses this service as required allowed under this paragraph,
5.29the physician application fee may be less than $200 but must not exceed the cost of
5.30administering this paragraph.
5.31    (c) The applicant shall present evidence satisfactory to the board that the applicant
5.32has been awarded a certificate by the Educational Council for Foreign Medical Graduates,
5.33and the applicant has a working ability in the English language sufficient to communicate
5.34with patients and physicians and to engage in the practice of medicine.
6.1    (d) The applicant shall present evidence satisfactory to the board of the completion
6.2of two years of graduate, clinical medical training in a program located in the United
6.3States, its territories, or Canada and accredited by a national accrediting organization
6.4approved by the board. This requirement does not apply:
6.5    (1) to an applicant who is admitted as a permanent immigrant to the United States on
6.6or before October 1, 1991, as a person of exceptional ability in the sciences according to
6.7Code of Federal Regulations, title 20, section 656.22(d);
6.8    (2) to an applicant holding a valid license to practice medicine in another country
6.9and issued a permanent immigrant visa after October 1, 1991, as a person of extraordinary
6.10ability in the field of science or as an outstanding professor or researcher according to
6.11Code of Federal Regulations, title 8, section 204.5(h) and (i), or a temporary nonimmigrant
6.12visa as a person of extraordinary ability in the field of science according to Code of
6.13Federal Regulations, title 8, section 214.2(o),
6.14provided that a person under clause (1) or (2) is admitted pursuant to rules of the United
6.15States Department of Labor; or
6.16    (3) to an applicant who is licensed in another state, has practiced five years without
6.17disciplinary action in the United States, its territories, or Canada, has completed one year
6.18of the graduate, clinical medical training required by this paragraph, and has passed the
6.19Special Purpose Examination of the Federation of State Medical Boards within three
6.20attempts in the 24 months before licensing.
6.21    (e) The applicant must:
6.22    (1) have passed an examination prepared and graded by the Federation of State
6.23Medical Boards, the United States Medical Licensing Examination program in accordance
6.24with section 147.02, subdivision 1, paragraph (c), clause (2), or the Medical Council
6.25of Canada; and
6.26    (2) have a current license from the equivalent licensing agency in another state or
6.27country and, if the examination in clause (1) was passed more than ten years ago, either:
6.28    (i) pass the Special Purpose Examination of the Federation of State Medical Boards
6.29with a score of 75 or better within three attempts; or
6.30    (ii) have a current certification by a specialty board of the American Board of
6.31Medical Specialties, of the American Osteopathic Association Bureau of Professional
6.32Education, of the Royal College of Physicians and Surgeons of Canada, or of the College
6.33of Family Physicians of Canada.
6.34    (f) The applicant must not be under license suspension or revocation by the licensing
6.35board of the state or jurisdiction in which the conduct that caused the suspension or
6.36revocation occurred.
7.1    (g) The applicant must not have engaged in conduct warranting disciplinary action
7.2against a licensee, or have been subject to disciplinary action other than as specified in
7.3paragraph (f). If an applicant does not satisfy the requirements stated in this paragraph,
7.4the board may issue a license only on the applicant's showing that the public will be
7.5protected through issuance of a license with conditions or limitations the board considers
7.6appropriate.
7.7EFFECTIVE DATE.This section is effective the day following final enactment.

7.8    Sec. 9. Minnesota Statutes 2006, section 147A.27, subdivision 2, is amended to read:
7.9    Subd. 2. Organization. The council shall be organized and administered under
7.10section 15.059, except that the advisory council shall expire on June 30, 2007.

7.11    Sec. 10. Minnesota Statutes 2006, section 147B.05, subdivision 2, is amended to read:
7.12    Subd. 2. Administration; compensation; removal; quorum. The advisory council
7.13is governed by section 15.059, except that the council does not expire until June 30, 2007.

7.14    Sec. 11. Minnesota Statutes 2006, section 147C.35, subdivision 2, is amended to read:
7.15    Subd. 2. Organization. The advisory council shall be organized and administered
7.16under section 15.059. The council expires June 30, 2007.

7.17    Sec. 12. Minnesota Statutes 2006, section 147D.25, subdivision 2, is amended to read:
7.18    Subd. 2. Organization. The advisory council shall be organized and administered
7.19under section 15.059. The council expires June 30, 2007.

7.20    Sec. 13. Minnesota Statutes 2006, section 148.10, subdivision 1, is amended to read:
7.21    Subdivision 1. Grounds. (a) The state Board of Chiropractic Examiners may refuse
7.22to grant, or may revoke, suspend, condition, limit, restrict or qualify a license to practice
7.23chiropractic, or may cause the name of a person licensed to be removed from the records
7.24in the office of the court administrator of the district court for:
7.25    (1) Advertising that is false or misleading; that violates a rule of the board; or that
7.26claims the cure of any condition or disease.
7.27    (2) The employment of fraud or deception in applying for a license or in passing
7.28the examination provided for in section 148.06 or conduct which subverts or attempts to
7.29subvert the licensing examination process.
7.30    (3) The practice of chiropractic under a false or assumed name or the impersonation
7.31of another practitioner of like or different name.
8.1    (4) The conviction of a crime involving moral turpitude.
8.2    (5) The conviction, during the previous five years, of a felony reasonably related to
8.3the practice of chiropractic.
8.4    (6) Habitual intemperance in the use of alcohol or drugs.
8.5    (7) Practicing under a license which has not been renewed.
8.6    (8) Advanced physical or mental disability.
8.7    (9) The revocation or suspension of a license to practice chiropractic; or other
8.8disciplinary action against the licensee; or the denial of an application for a license by
8.9the proper licensing authority of another state, territory or country; or failure to report to
8.10the board that charges regarding the person's license have been brought in another state
8.11or jurisdiction.
8.12    (10) The violation of, or failure to comply with, the provisions of sections 148.01
8.13to 148.105, the rules of the state Board of Chiropractic Examiners, or a lawful order of
8.14the board.
8.15    (11) Unprofessional conduct.
8.16    (12) Being unable to practice chiropractic with reasonable skill and safety to patients
8.17by reason of illness, professional incompetence, senility, drunkenness, use of drugs,
8.18narcotics, chemicals or any other type of material, or as a result of any mental or physical
8.19condition, including deterioration through the aging process or loss of motor skills. If the
8.20board has probable cause to believe that a person comes within this clause, it shall direct
8.21the person to submit to a mental or physical examination. For the purpose of this clause,
8.22every person licensed under this chapter shall be deemed to have given consent to submit
8.23to a mental or physical examination when directed in writing by the board and further to
8.24have waived all objections to the admissibility of the examining physicians' testimony or
8.25examination reports on the ground that the same constitute a privileged communication.
8.26Failure of a person to submit to such examination when directed shall constitute an
8.27admission of the allegations, unless the failure was due to circumstances beyond the
8.28person's control, in which case a default and final order may be entered without the taking
8.29of testimony or presentation of evidence. A person affected under this clause shall at
8.30reasonable intervals be afforded an opportunity to demonstrate that the person can resume
8.31the competent practice of chiropractic with reasonable skill and safety to patients.
8.32    In addition to ordering a physical or mental examination, the board may,
8.33notwithstanding section 13.384, 144.651, or any other law limiting access to health
8.34data, obtain health data and health records relating to a licensee or applicant without the
8.35licensee's or applicant's consent if the board has probable cause to believe that a doctor of
8.36chiropractic comes under this clause. The health data may be requested from a provider,
9.1as defined in section 144.335, subdivision 1, paragraph (b), an insurance company, or a
9.2government agency, including the Department of Human Services. A provider, insurance
9.3company, or government agency shall comply with any written request of the board under
9.4this subdivision and is not liable in any action for damages for releasing the data requested
9.5by the board if the data are released pursuant to a written request under this subdivision,
9.6unless the information is false and the provider or entity giving the information knew,
9.7or had reason to believe, the information was false. Information obtained under this
9.8subdivision is classified as private under sections 13.01 to 13.87.
9.9    In any proceeding under this clause, neither the record of proceedings nor the orders
9.10entered by the board shall be used against a person in any other proceeding.
9.11    (13) Aiding or abetting an unlicensed person in the practice of chiropractic, except
9.12that it is not a violation of this clause for a doctor of chiropractic to employ, supervise,
9.13or delegate functions to a qualified person who may or may not be required to obtain a
9.14license or registration to provide health services if that person is practicing within the
9.15scope of the license or registration or delegated authority.
9.16    (14) Improper management of health records, including failure to maintain adequate
9.17health records as described in clause (18), to comply with a patient's request made under
9.18section 144.335 or to furnish a health record or report required by law.
9.19    (15) Failure to make reports required by section 148.102, subdivisions 2 and 5,
9.20or to cooperate with an investigation of the board as required by section 148.104, or
9.21the submission of a knowingly false report against another doctor of chiropractic under
9.22section 148.10, subdivision 3.
9.23    (16) Splitting fees, or promising to pay a portion of a fee or a commission, or
9.24accepting a rebate.
9.25    (17) Revealing a privileged communication from or relating to a patient, except
9.26when otherwise required or permitted by law.
9.27    (18) Failing to keep written chiropractic records justifying the course of treatment of
9.28the patient, including, but not limited to, patient histories, examination results, test results,
9.29and x-rays. Unless otherwise required by law, written records need not be retained for
9.30more than seven years and x-rays need not be retained for more than four years.
9.31    (19) Exercising influence on the patient or client in such a manner as to exploit the
9.32patient or client for financial gain of the licensee or of a third party which shall include,
9.33but not be limited to, the promotion or sale of services, goods, or appliances.
9.34    (20) Gross or repeated malpractice or the failure to practice chiropractic at a level
9.35of care, skill, and treatment which is recognized by a reasonably prudent chiropractor as
9.36being acceptable under similar conditions and circumstances.
10.1    (21) Delegating professional responsibilities to a person when the licensee delegating
10.2such responsibilities knows or has reason to know that the person is not qualified by
10.3training, experience, or licensure to perform them.
10.4    (b) For the purposes of paragraph (a), clause (2), conduct that subverts or attempts
10.5to subvert the licensing examination process includes, but is not limited to: (1) conduct
10.6that violates the security of the examination materials, such as removing examination
10.7materials from the examination room or having unauthorized possession of any portion
10.8of a future, current, or previously administered licensing examination; (2) conduct that
10.9violates the standard of test administration, such as communicating with another examinee
10.10during administration of the examination, copying another examinee's answers, permitting
10.11another examinee to copy one's answers, or possessing unauthorized materials; or (3)
10.12impersonating an examinee or permitting an impersonator to take the examination on
10.13one's own behalf.
10.14    (c) For the purposes of paragraph (a), clauses (4) and (5), conviction as used in these
10.15subdivisions includes a conviction of an offense that if committed in this state would be
10.16deemed a felony without regard to its designation elsewhere, or a criminal proceeding
10.17where a finding or verdict of guilt is made or returned but the adjudication of guilt is either
10.18withheld or not entered.
10.19    (d) For the purposes of paragraph (a), clauses (4), (5), and (6), a copy of the judgment
10.20or proceeding under seal of the administrator of the court or of the administrative agency
10.21which entered the same shall be admissible into evidence without further authentication
10.22and shall constitute prima facie evidence of its contents.
10.23    (e) For the purposes of paragraph (a), clause (11), unprofessional conduct means any
10.24unethical, deceptive or deleterious conduct or practice harmful to the public, any departure
10.25from or the failure to conform to the minimal standards of acceptable chiropractic practice,
10.26or a willful or careless disregard for the health, welfare or safety of patients, in any of
10.27which cases proof of actual injury need not be established. Unprofessional conduct shall
10.28include, but not be limited to, the following acts of a chiropractor:
10.29    (1) gross ignorance of, or incompetence in, the practice of chiropractic;
10.30    (2) engaging in conduct with a patient that is sexual or may reasonably be interpreted
10.31by the patient as sexual, or in any verbal behavior that is seductive or sexually demeaning
10.32to a patient;
10.33    (3) performing unnecessary services;
10.34    (4) charging a patient an unconscionable fee or charging for services not rendered;
10.35    (5) directly or indirectly engaging in threatening, dishonest, or misleading fee
10.36collection techniques;
11.1    (6) perpetrating fraud upon patients, third-party payors, or others, relating to the
11.2practice of chiropractic, including violations of the Medicare or Medicaid laws or state
11.3medical assistance laws;
11.4    (7) advertising that the licensee will accept for services rendered assigned payments
11.5from any third-party payer as payment in full, if the effect is to give the impression of
11.6eliminating the need of payment by the patient of any required deductible or co-payment
11.7applicable in the patient's health benefit plan; or advertising a fee or charge for a service
11.8or treatment different from the fee or charge the licensee submits to a third-party payer
11.9for that service or treatment. As used in this clause, "advertise" means solicitation by the
11.10licensee by means of handbills, posters, circulars, motion pictures, radio, newspapers,
11.11television, or in any other manner. In addition to the board's power to punish for violations
11.12of this clause, violation of this clause is also a misdemeanor;
11.13    (8) accepting for services rendered assigned payments from any third-party payer
11.14as payment in full, if the effect is to eliminate the need of payment by the patient of any
11.15required deductible or co-payment applicable in the patient's health benefit plan, except as
11.16hereinafter provided; or collecting a fee or charge for a service or treatment different from
11.17the fee or charge the licensee submits to a third-party payer for that service or treatment,
11.18except as hereinafter provided. This clause is intended to prohibit offerings to the public
11.19of the above listed practices and those actual practices as well, except that in instances
11.20where the intent is not to collect an excessive remuneration from the third-party payer but
11.21rather to provide services at a reduced rate to a patient unable to afford the deductible or
11.22co-payment, the services may be performed for a lesser charge or fee. The burden of proof
11.23for establishing that this is the case shall be on the licensee; and
11.24    (9) any other act that the board by rule may define.

11.25    Sec. 14. Minnesota Statutes 2006, section 148.515, subdivision 2, is amended to read:
11.26    Subd. 2. Master's or doctoral degree required for speech-language pathology
11.27applicants. (a) An applicant for speech-language pathology must possess a master's or
11.28doctoral degree that meets the requirements of paragraph (b). If completing a doctoral
11.29program in which a master's degree has not been conferred, an applicant must submit a
11.30transcript showing or letter from the academic department chair evidencing completion
11.31of course work coursework equivalent to, or exceeding, a master's degree that meets
11.32the requirement of paragraph (b).
11.33    (b) All of the speech-language pathology applicant's graduate coursework and
11.34clinical practicum required in the professional area for which licensure is sought must
11.35have been initiated and completed at an institution whose program meets the current
12.1requirements and was accredited by the Educational Standards Board of the Council
12.2on Academic Accreditation in Audiology and Speech-Language Pathology, a body
12.3recognized by the United States Department of Education, or an equivalent as determined
12.4by the commissioner, in the area for which licensure is sought.

12.5    Sec. 15. Minnesota Statutes 2006, section 148.515, is amended by adding a subdivision
12.6to read:
12.7    Subd. 2a. Masters or doctoral degree required for audiology applicants. An
12.8applicant for audiology must possess a masters degree or doctoral degree that meets the
12.9following requirements:
12.10    (1) if graduate training is completed prior to August 30, 2007, an audiology applicant
12.11must possess a masters or doctoral degree in audiology from an accredited educational
12.12institution; or
12.13    (2) if graduate training is completed after August 30, 2007, an audiology applicant
12.14must possess a doctoral degree with an emphasis in audiology, or its equivalent as
12.15determined by the commissioner, from an accredited educational institution.

12.16    Sec. 16. Minnesota Statutes 2006, section 148.65, subdivision 2, is amended to read:
12.17    Subd. 2. Physical therapist. "Physical therapist" means a person licensed by the
12.18board who practices physical therapy as defined in sections 148.65 to 148.78.

12.19    Sec. 17. Minnesota Statutes 2006, section 148.65, subdivision 3, is amended to read:
12.20    Subd. 3. Physical therapist assistant. "Physical therapist assistant" means
12.21a graduate of a physical therapist assistant educational program accredited by the
12.22Commission on Accreditation in Physical Therapy Education (CAPTE) or a recognized
12.23comparable national accrediting agency approved by the board. The physical therapist
12.24assistant, person licensed by the board who provides physical therapy under the
12.25direction and supervision of the a physical therapist, and who performs physical therapy
12.26interventions and assists with coordination, communication, and documentation;, and
12.27patient-client-related instruction. The physical therapist is not required to be on-site
12.28except as required under Minnesota Rules, part 5601.1500, but must be easily available
12.29by telecommunications.

12.30    Sec. 18. Minnesota Statutes 2006, section 148.65, is amended by adding a subdivision
12.31to read:
13.1    Subd. 8. Licensee. "Licensee" means a person licensed as a physical therapist
13.2or a physical therapist assistant.

13.3    Sec. 19. Minnesota Statutes 2006, section 148.67, subdivision 1, is amended to read:
13.4    Subdivision 1. Board of Physical Therapy appointed. The governor shall appoint
13.5a state Board of Physical Therapy to administer sections 148.65 to 148.78, regarding the
13.6qualifications and examination of physical therapists and physical therapist assistants. The
13.7board shall consist of nine members, citizens and residents of the state of Minnesota,
13.8composed of four five physical therapists, one licensed and registered doctor of medicine,
13.9one two physical therapy assistant therapist assistants, and three public members. The four
13.10physical therapist members and the physical therapist assistant members must be licensed
13.11physical therapists in this state. Each of the four physical therapist members must and have
13.12at least five years' experience in physical therapy practice, physical therapy administration,
13.13or physical therapy education. The five years' experience must immediately precede
13.14appointment. Membership terms, compensation of members, removal of members,
13.15filling of membership vacancies, and fiscal year and reporting requirements shall be as
13.16provided in sections 214.07 to 214.09. The provision of staff, administrative services, and
13.17office space; the review and processing of complaints; the setting of board fees; and
13.18other provisions relating to board operations shall be as provided in chapter 214. Each
13.19member of the board shall file with the secretary of state the constitutional oath of office
13.20before beginning the term of office.

13.21    Sec. 20. Minnesota Statutes 2006, section 148.70, is amended to read:
13.22148.70 APPLICANTS, QUALIFICATIONS.
13.23    The Board of Physical Therapy must:
13.24    (1) establish the qualifications of applicants for licensing and continuing education
13.25requirements for relicensing renewal of licensure;
13.26    (2) provide for and conduct all examinations following satisfactory completion of
13.27all didactic requirements;
13.28    (3) determine the applicants who successfully pass the examination; and
13.29    (4) duly license an applicant after the applicant has presented evidence satisfactory
13.30to the board that the applicant has completed an accredited physical therapy educational
13.31program of education or continuing education approved by the board met all requirements
13.32for licensure as a physical therapist or physical therapist assistant.
14.1    The passing score for examinations taken after July 1, 1995, shall be based on
14.2objective, numerical standards, as established by a nationally recognized board approved
14.3testing service.

14.4    Sec. 21. Minnesota Statutes 2006, section 148.705, is amended to read:
14.5148.705 APPLICATION.
14.6    Subdivision 1. Form; fee. An applicant for licensing licensure as a physical
14.7therapist or physical therapist assistant shall file submit a written application on forms
14.8provided by the board together with a the appropriate fee in the amount set by the board.
14.9No portion of the fee is refundable. No applicant will be approved to sit for the national
14.10examination until the application is complete, as determined by the board.
14.11    An approved program for physical therapists shall include the following:
14.12    (1) a minimum of 60 academic semester credits or its equivalent from an accredited
14.13college, including courses in the biological and physical sciences; and
14.14    (2) an accredited course in physical therapy education which has provided adequate
14.15instruction in the basic sciences, clinical sciences, and physical therapy theory and
14.16procedures, as determined by the board. In determining whether or not a course in physical
14.17therapy is approved, the board may take into consideration the accreditation of such
14.18schools by the appropriate council of the American Medical Association, the American
14.19Physical Therapy Association, or the Canadian Medical Association.
14.20    Subd. 2. Contents of application. (a) The application must include the following
14.21information:
14.22    (1) evidence satisfactory to the board that the applicant has met the educational
14.23requirements of section 148.721 or 148.722 as demonstrated by a certified copy of a
14.24transcript;
14.25    (2) recommendations by two physical therapists registered or licensed to practice
14.26physical therapy in the United States or Canada attesting to the applicant's ethical and
14.27moral character;
14.28    (3) a recent full-face photograph of the applicant attached to the application with the
14.29affidavit on the form completed and notarized;
14.30    (4) a record of the applicant's high school, college, and board-approved physical
14.31therapy school education listing the names, locations, dates of attendance, and diplomas,
14.32degrees, or certificates awarded;
14.33    (5) a record of the applicant's postgraduate work and military service;
14.34    (6) a listing of the United States jurisdictions, and countries in which the applicant is
14.35currently licensed or registered, or has been in the past, including the applicant's license or
15.1registration certificate number, the date the license or registration was obtained, and the
15.2method by which the license or registration was received;
15.3    (7) a record of the applicant's current and previous physical therapy practice
15.4experience;
15.5    (8) a record of disciplinary action taken on past complaints, refusal of licensure or
15.6registration, or denial of examination eligibility by another state board or physical therapy
15.7society against the applicant;
15.8    (9) a record of the applicant's personal use or administration of any controlled
15.9substances and any treatment for alcohol or drug abuse;
15.10    (10) a record by the applicant of any disease, illness, or injury that impairs the
15.11applicant's ability to practice physical therapy;
15.12    (11) a record of any convictions for crimes related to the practice of physical therapy,
15.13felonies, gross misdemeanors, and crimes involving moral turpitude;
15.14    (12) a listing of any memberships in a physical therapy professional association;
15.15    (13) the applicant's name and address;
15.16    (14) the applicant's Social Security number, alien registration card number, or tax
15.17identification number, whichever is applicable;
15.18    (15) completed copies of credentials verification forms provided by the board; and
15.19    (16) any information deemed necessary by the board to evaluate the applicant.
15.20    (b) A person who has previously practiced in another state shall submit the following
15.21information for the five-year period of active practice preceding the date of filing
15.22application in this state:
15.23    (1) the name and address of the person's professional liability insurer in the other
15.24state; and
15.25    (2) the number, date, and disposition of any malpractice settlement or award made
15.26to a plaintiff relating to the quality of services provided.

15.27    Sec. 22. Minnesota Statutes 2006, section 148.706, is amended to read:
15.28148.706 SUPERVISION OF PHYSICAL THERAPIST ASSISTANTS, AIDES,
15.29AND STUDENTS.
15.30    Subdivision 1. Supervision. Every physical therapist who uses the services of a
15.31physical therapist assistant or physical therapy aide for the purpose of assisting in the
15.32practice of physical therapy is responsible for functions performed by the assistant or
15.33aide while engaged in such assistance. The physical therapist shall delegate duties to the
15.34physical therapist assistant and assign tasks to the physical therapy aide in accordance
15.35with Minnesota Rules, part 5601.1400 subdivision 2. Physical therapists who instruct
16.1student physical therapists and student physical therapist assistants are responsible for the
16.2functions performed by the students and shall supervise the students as provided under
16.3section 148.65, subdivisions 5 and 6. A licensed physical therapist may supervise no more
16.4than two physical therapist assistants at any time.
16.5    Subd. 2. Delegation of duties. The physical therapist may delegate patient
16.6treatment procedures only to a physical therapist assistant who has sufficient didactic and
16.7clinical preparation. The physical therapist may not delegate the following activities to the
16.8physical therapist assistant or to other supportive personnel: patient evaluation, treatment
16.9planning, initial treatment, change of treatment, and initial or final documentation.
16.10    Subd. 3. Observation of physical therapist assistants. When components of a
16.11patient's treatment are delegated to a physical therapist assistant, a physical therapist must
16.12provide on-site observation of the treatment and documentation of its appropriateness at
16.13least every six treatment sessions. The physical therapist is not required to be on-site, but
16.14must be easily available by telecommunications.
16.15    Subd. 4. Observation of physical therapy aides. The physical therapist must
16.16observe the patient's status before and after the treatment administered by a physical
16.17therapy aide. The physical therapy aide may perform tasks related to preparation of patient
16.18and equipment for treatment, housekeeping, transportation, clerical duties, departmental
16.19maintenance, and selected treatment procedures. The tasks must be performed under the
16.20direct supervision of a physical therapist who is readily available for advice, instruction,
16.21or immediate assistance.

16.22    Sec. 23. Minnesota Statutes 2006, section 148.71, is amended to read:
16.23148.71 LICENSING TEMPORARY PERMITS.
16.24    Subdivision 1. Qualified applicant. The state Board of Physical Therapy shall
16.25license as a physical therapist and shall furnish a license to an applicant who successfully
16.26passes an examination provided for in sections 148.65 to 148.78 for licensing as a physical
16.27therapist and who is otherwise qualified as required in sections 148.65 to 148.78.
16.28    Subd. 2. Temporary permit Issuance. (a) The board may, upon completion of
16.29the application prescribed by the board and payment of a fee set by the board, issue a
16.30temporary permit to practice physical therapy under supervision to a physical therapist
16.31who is a graduate of an approved school of physical therapy an applicant for licensure as a
16.32physical therapist or physical therapist assistant who meets the educational requirements
16.33of section 148.721 or 148.722 and qualified for admission to examination for licensing as
16.34a physical therapist or physical therapist assistant. A temporary permit to practice physical
16.35therapy under supervision may be issued only once and cannot be renewed. It expires 90
17.1days after the next examination for licensing given by the board or on the date on which
17.2the board, after examination of the applicant, grants or denies the applicant a license to
17.3practice, whichever occurs first. A temporary permit expires on the first day the board
17.4begins its next examination for license after the permit is issued if the holder does not
17.5submit to examination on that date. The holder of a temporary permit to practice physical
17.6therapy under supervision may practice physical therapy as defined in section 148.65 if
17.7the entire practice is under the supervision of a person holding a valid license to practice
17.8physical therapy in this state. The supervision shall be direct, immediate, and on premises.
17.9    (b) A physical therapist An applicant from another state who is licensed or otherwise
17.10registered in good standing as a physical therapist by that state and meets the requirements
17.11for licensing under section 148.72 does not require supervision to practice physical therapy
17.12while holding a temporary permit in this state. The temporary permit remains valid only
17.13until the meeting of the board at which the application for licensing is considered.
17.14    Subd. 3. Foreign-trained Foreign-educated physical therapists; temporary
17.15permits. (a) The Board of Physical Therapy may issue a temporary permit to a
17.16foreign-trained foreign-educated physical therapist who:
17.17    (1) is enrolled in a supervised physical therapy traineeship that meets the
17.18requirements under paragraph (b);
17.19    (2) has completed a physical therapy education program equivalent to that under
17.20section 148.705 and Minnesota Rules, part 5601.0800, subpart 2 148.721, and has
17.21provided to the board a Foreign Credentialing Commission on Physical Therapy
17.22(FCCPT) comprehensive credentials evaluation (Type I certificate) or FCCPT educational
17.23credentials review demonstrating completion of the program;
17.24    (3) has achieved a passing score of at least 550 according to section 148.725,
17.25subdivision 3, on the test of English as a foreign language or a score of at least 85 on
17.26the Minnesota battery test an alternate equivalent examination, as determined by the
17.27board; and
17.28    (4) has paid a nonrefundable fee set by the board.
17.29    A foreign-trained foreign-educated physical therapist must have the temporary
17.30permit before beginning a traineeship.
17.31    (b) A supervised physical therapy traineeship must:
17.32    (1) be at least six months;
17.33    (2) be at a board-approved facility;
17.34    (3) provide a broad base of clinical experience to the foreign-trained foreign-educated
17.35physical therapist including a variety of physical agents, therapeutic exercises, evaluation
17.36procedures, and patient diagnoses;
18.1    (4) be supervised by a physical therapist who has at least three years of clinical
18.2experience and is licensed under subdivision 1; and
18.3    (5) be approved by the board before the foreign-trained foreign-educated physical
18.4therapist begins the traineeship.
18.5    (c) A temporary permit is effective on the first day of a traineeship and expires 90
18.6days after the next examination for licensing given by the board following successful
18.7completion of the traineeship or on the date on which the board, after examination of the
18.8applicant, grants or denies the applicant a license to practice, whichever occurs first.
18.9    (d) A foreign-trained foreign-educated physical therapist must successfully complete
18.10a traineeship to be licensed as a physical therapist under subdivision 1. The traineeship
18.11may be waived for a foreign-trained foreign-educated physical therapist who is licensed
18.12or otherwise registered in good standing in another state and has successfully practiced
18.13physical therapy in that state under the supervision of a licensed or registered physical
18.14therapist for at least six months at a facility that meets the requirements under paragraph
18.15(b), clauses (2) and (3).
18.16    (e) A temporary permit will not be issued to a foreign-trained foreign-educated
18.17applicant who has been issued a temporary permit for longer than six months in any
18.18other state.

18.19    Sec. 24. [148.721] EDUCATIONAL REQUIREMENTS FOR LICENSED
18.20PHYSICAL THERAPIST.
18.21    Subdivision 1. Accredited program. All applicants for licensure as a physical
18.22therapist must complete a course in physical therapy education accredited by the
18.23Commission on Accreditation in Physical Therapy Education (CAPTE) or which meets
18.24the accreditation requirements of CAPTE, as determined by the board.
18.25    Subd. 2. General education. In addition to completion of the accredited program
18.26required in subdivision 1, applicants must complete an additional 60 academic semester
18.27credits or its quarter equivalent from an institution of higher education that is accredited
18.28by a regional accrediting organization. Coursework used to satisfy this requirement may
18.29not have been earned as part of the accredited program requirement of subdivision 1.

18.30    Sec. 25. [148.722] EDUCATIONAL REQUIREMENTS FOR LICENSED
18.31PHYSICAL THERAPIST ASSISTANT.
18.32    All applicants for licensure as a physical therapist assistant must graduate from
18.33a physical therapist assistant educational program accredited by the Commission
19.1on Accreditation in Physical Therapy Education (CAPTE) or meet its standards, as
19.2determined by the board.

19.3    Sec. 26. [148.723] EXAMINATION FOR LICENSED PHYSICAL THERAPIST.
19.4    Subdivision 1. National test. All applicants for licensure as a physical therapist
19.5must take and pass the National Physical Therapy Examination (NPTE) administered by
19.6the Federation of State Boards of Physical Therapy (FSBPT) or an alternate national
19.7examination determined by the board to be equivalent. For purposes of this section,
19.8passing scores are defined in subdivisions 2 and 3.
19.9    Subd. 2. Examinations taken on or before July 1, 1995. The passing score for
19.10qualifying examinations taken prior to July 1, 1995, is one standard deviation below the
19.11mean of all persons taking the examination.
19.12    Subd. 3. Examinations taken after July 1, 1995. The passing score for qualifying
19.13examinations taken after July 1, 1995, shall be based on objective, numerical standards
19.14established by the administering testing agency.

19.15    Sec. 27. [148.724] EXAMINATION FOR LICENSED PHYSICAL THERAPIST
19.16ASSISTANT.
19.17    Subdivision 1. National test. All applicants for licensure as a physical therapist
19.18assistant must take and pass the National Physical Therapy Examination (NPTE) for
19.19physical therapist assistants administered by the Federation of State Boards of Physical
19.20Therapy (FSBPT) or an alternate national examination determined by the board to be
19.21equivalent. For purposes of this section, passing scores are defined in subdivisions 2 to 4.
19.22    Subd. 2. Examinations taken on or before July 1, 1995. The passing score for
19.23qualifying examinations taken prior to July 1, 1995, is one standard deviation below the
19.24mean of all persons taking the examination.
19.25    Subd. 3. Examinations taken after July 1, 1995. The passing score for qualifying
19.26examinations taken after July 1, 1995, shall be based on objective, numerical standards
19.27established by the administering testing agency.
19.28    Subd. 4. Grandparenting provision. Applicants for licensure as a physical
19.29therapist assistant who meet the educational requirements of section 148.722 prior to
19.30September 1, 2007, are not required to take and pass the examination required by this
19.31section. This provision expires on July 1, 2008.

19.32    Sec. 28. [148.725] REQUIREMENTS FOR FOREIGN-EDUCATED
19.33APPLICANTS.
20.1    Subdivision 1. Scope and documentation. An applicant for licensure who is a
20.2foreign-educated physical therapist must fulfill the requirements in subdivisions 2 to 5,
20.3providing certified English translations of board-required relevant documentation.
20.4    Subd. 2. Education evaluation. The applicant must present evidence of completion
20.5of physical therapy schooling equivalent to that required in section 148.721 by having a
20.6Type I comprehensive credentials evaluation or educational credentials review performed
20.7by the Foreign Credentialing Commission on Physical Therapy (FCCPT). The evaluation
20.8must be sent directly to the board from the FCCPT. The applicant shall be responsible for
20.9the expenses incurred as a result of the evaluation.
20.10    Subd. 3. English test. If not completed as part of the FCCPT Type I comprehensive
20.11credentials evaluation, the applicant must demonstrate English language proficiency by
20.12taking the test of English as a foreign language examination (TOEFL) and achieving a
20.13passing score as established by the board, or a passing score on a comparable nationally
20.14recognized examination approved by the board. For purposes of this subdivision, the
20.15passing score adopted by the board shall be applied prospectively.
20.16    Subd. 4. Experience. The applicant must have practiced satisfactorily for at least
20.17six months under the supervision of a licensed physical therapist at a board-approved
20.18facility. A facility that offers such practice must provide a broad base of experience
20.19including a variety of physical agents, therapeutic exercises, evaluation procedures, and
20.20patient diagnoses. Supervision must be provided by a licensed physical therapist with at
20.21least three years of clinical experience. A proposed outline of clinical experiences must be
20.22approved by the board before the facility begins offering the experience.
20.23    Subd. 5. Examination. The applicant must satisfactorily complete the
20.24board-approved examination as stated in section 148.72 or 148.73.

20.25    Sec. 29. Minnesota Statutes 2006, section 148.73, is amended to read:
20.26148.73 RENEWALS.
20.27    Every licensed physical therapist and physical therapist assistant shall, during each
20.28January before January 1 each year, apply to the board for an extension of a license and
20.29pay a fee in the amount set by the board. The extension of the license is contingent
20.30upon demonstration that the continuing education requirements set by the board under
20.31section 148.70 have been satisfied. For purposes of this section, the continuing education
20.32requirements for physical therapist assistants are the same as those for physical therapists.

20.33    Sec. 30. Minnesota Statutes 2006, section 148.735, is amended to read:
20.34148.735 CANCELLATION OF LICENSE IN GOOD STANDING.
21.1    Subdivision 1. Board approval; reporting. A physical therapist or physical
21.2therapist assistant holding an active license to practice physical therapy in the state may,
21.3upon approval of the board, be granted license cancellation if the board is not investigating
21.4the person as a result of a complaint or information received or if the board has not begun
21.5disciplinary proceedings against the person. Such action by the board shall be reported as
21.6a cancellation of a license in good standing.
21.7    Subd. 2. Fees nonrefundable. A physical therapist or physical therapist assistant
21.8who receives board approval for license cancellation is not entitled to a refund of any
21.9license fees paid for the licensure year in which cancellation of the license occurred.
21.10    Subd. 3. New license after cancellation. If a physical therapist or physical therapist
21.11assistant who has been granted board approval for license cancellation desires to resume
21.12the practice of physical therapy in Minnesota, that physical therapist or physical therapist
21.13assistant must obtain a new license by applying for licensure and fulfilling the requirements
21.14then in existence for obtaining an initial license to practice physical therapy in Minnesota.

21.15    Sec. 31. Minnesota Statutes 2006, section 148.736, subdivision 1, is amended to read:
21.16    Subdivision 1. Board approval; reporting. A physical therapist, or physical
21.17therapist assistant whose right to practice is under suspension, condition, limitation,
21.18qualification, or restriction by the board may be granted cancellation of credentials by
21.19approval of the board. Such action by the board shall be reported as cancellation while
21.20under discipline. Credentials, for purposes of this section, means board authorized
21.21documentation of the privilege to practice physical therapy.

21.22    Sec. 32. Minnesota Statutes 2006, section 148.74, is amended to read:
21.23148.74 RULES.
21.24    The board may adopt rules needed to carry out sections 148.65 to 148.78. The
21.25secretary-treasurer of the board shall keep a record of proceedings under these sections
21.26and a register of all persons licensed under it. The register shall show the name, address,
21.27date and number of the license, and the renewal of the license. Any other interested
21.28person in the state may obtain a copy of the list on request to the board upon paying an
21.29amount fixed by the board. The amount shall not exceed the cost of the list furnished. The
21.30board shall provide blanks, books, certificates, and stationery and assistance necessary to
21.31transact business of the board. All money received by the board under sections 148.65 to
21.32148.78 shall be paid into the state treasury as provided for by law. The board shall set by
21.33rule the amounts of the application fee and the annual licensing fee. The fees collected by
21.34the board must be sufficient to cover the costs of administering sections 148.65 to 148.78.

22.1    Sec. 33. Minnesota Statutes 2006, section 148.75, is amended to read:
22.2148.75 LICENSES; DENIAL, SUSPENSION, REVOCATION DISCIPLINARY
22.3ACTION.
22.4    (a) The state board of Physical Therapy may refuse to grant a license to any physical
22.5therapist, or may suspend or revoke the license of any physical therapist for any of the
22.6following grounds may impose disciplinary action specified in paragraph (b) against an
22.7applicant or licensee whom the board, by a preponderance of the evidence, determines:
22.8    (1) using drugs or intoxicating liquors to an extent which affects professional
22.9competence;
22.10    (2) conviction of a felony;
22.11    (1) has violated a statute, rule, order, or agreement for corrective action that the
22.12board issued or is otherwise authorized or empowered to enforce;
22.13    (2) is unable to practice physical therapy with reasonable skill and safety by reason
22.14of any mental or physical illness or condition, including deterioration through the aging
22.15process or loss of motor skills, or use of alcohol, drugs, narcotics, chemicals, or any
22.16other type of material;
22.17    (3) has been convicted of or has pled guilty or nolo contendere to a felony or other
22.18crime, an element of which is dishonesty or fraud, or has been shown to have engaged
22.19in acts or practices tending to show that the applicant or licensee is incompetent or has
22.20engaged in conduct reflecting adversely on the applicant's or licensee's ability or fitness to
22.21engage in the practice of physical therapy;
22.22    (3) conviction for (4) has been convicted of violating any state or federal narcotic
22.23law;
22.24    (4) obtaining (5) has obtained or attempted to obtain a license or attempting to
22.25obtain a license or approval of continuing education activities, or passed an examination,
22.26by fraud or deception;
22.27    (5) conduct unbecoming a person licensed as a physical therapist or conduct
22.28detrimental to the best interests of the public;
22.29    (6) has engaged in unprofessional conduct or any other conduct which has the
22.30potential for causing harm to the public, including any departure from or failure to
22.31conform to the minimum standards of acceptable and prevailing practice without actual
22.32injury having to be established;
22.33    (6) (7) has engaged in gross negligence in the practice of physical therapy as a
22.34physical therapist;
22.35    (7) treating (8) has treated human ailments by physical therapy after an initial 30-day
22.36period of patient admittance to treatment has lapsed, except by the order or referral of a
23.1person licensed in this state in the practice of medicine as defined in section 147.081, the
23.2practice of chiropractic as defined in section 148.01, the practice of podiatry as defined
23.3in section 153.01, or the practice of dentistry as defined in section 150A.05 and whose
23.4license is in good standing; or when a previous diagnosis exists indicating an ongoing
23.5condition warranting physical therapy treatment, subject to periodic review defined by
23.6board of physical therapy rule;
23.7    (8) treating (9) has treated human ailments, without referral, by physical therapy
23.8treatment without first having practiced one year under a physician's orders as verified by
23.9the board's records;
23.10    (9) failing (10) has failed to consult with the patient's health care provider who
23.11prescribed the physical therapy treatment if the treatment is altered by the physical
23.12therapist from the original written order. The provision does not include written orders to
23.13"evaluate and treat";
23.14    (10) treating human ailments other than by physical therapy unless duly licensed or
23.15registered to do so under the laws of this state;
23.16    (11) inappropriate delegation has inappropriately delegated to a physical therapist
23.17assistant or inappropriate task assignment inappropriately assigned tasks to an aide, or
23.18inadequate supervision of inadequately supervised a student physical therapist, physical
23.19therapist assistant, student physical therapist assistant, or a physical therapy aide;
23.20    (12) practicing has practiced as a physical therapist performing medical diagnosis,
23.21the practice of medicine as defined in section 147.081, or the practice of chiropractic as
23.22defined in section 148.01;
23.23    (13) failing has failed to comply with a reasonable request to obtain appropriate
23.24clearance for mental or physical conditions that would interfere with the ability to practice
23.25physical therapy, and that may be potentially harmful to patients;
23.26    (14) dividing has divided fees with, or paying or promising to pay a commission or
23.27part of the fee to, any person who contacts the physical therapist for consultation or sends
23.28patients to the physical therapist for treatment;
23.29    (15) engaging has engaged in an incentive payment arrangement, other than that
23.30prohibited by clause (14), that tends to promote physical therapy overuse, that allows the
23.31referring person or person who controls the availability of physical therapy services to a
23.32client to profit unreasonably as a result of patient treatment;
23.33    (16) practicing physical therapy and failing has failed to refer to a licensed health
23.34care professional a patient whose medical condition at the time of evaluation has been
23.35determined by the physical therapist to be beyond the scope of practice of a physical
23.36therapist;
24.1    (17) failing has failed to report to the board other licensed physical therapists
24.2licensees who violate this section; and
24.3    (18) practicing has engaged in the practice of physical therapy under lapsed or
24.4nonrenewed credentials.;
24.5    (19) has had a license, certificate, charter, registration, privilege to take an
24.6examination, or other similar authority denied, revoked, suspended, canceled, limited,
24.7reprimanded, or otherwise disciplined, or not renewed for cause in any jurisdiction; or has
24.8surrendered or voluntarily terminated a license or certificate during a board investigation
24.9of a complaint, as part of a disciplinary order, or while under a disciplinary order;
24.10    (20) has been subject to a corrective action or similar action in another jurisdiction
24.11or by another regulatory authority; or
24.12    (21) has failed to cooperate with an investigation of the board, including responding
24.13fully and promptly to any question raised by or on behalf of the board relating to the
24.14subject of the investigation, executing all releases requested by the board, providing copies
24.15of patient records, as reasonably requested by the board to assist it in its investigation, and
24.16appearing at conferences or hearings scheduled by the board or its staff.
24.17    (b) If grounds for disciplinary action exist under paragraph (a), the board may take
24.18one or more of the following actions:
24.19    (1) deny the application for licensure;
24.20    (2) deny the renewal of the license;
24.21    (3) revoke the license;
24.22    (4) suspend the license;
24.23    (5) impose limitations or conditions on the licensee's practice of physical therapy,
24.24including the: (i) limitation of scope of practice to designated field specialties; (ii)
24.25imposition of retraining or rehabilitation requirements; (iii) requirement of practice under
24.26supervision; or (iv) conditioning of continued practice on demonstration of knowledge or
24.27skills by appropriate examination, monitoring, or other review of skill and competence;
24.28    (6) impose a civil penalty not to exceed $10,000 for each separate violation,
24.29the amount of the civil penalty to be fixed so as to deprive the physical therapist of
24.30any economic advantage gained by reason of the violation charged, to discourage
24.31similar violations, or to reimburse the board for the cost of the investigation and
24.32proceeding including, but not limited to, fees paid for services provided by the Office of
24.33Administrative Hearings, legal and investigative services provided by the Office of the
24.34Attorney General, court reporters, witnesses, reproduction of records, board members'
24.35per diem compensation, board staff time, and travel costs and expenses incurred by board
24.36staff and board members;
25.1    (7) order the licensee to provide unremunerated service;
25.2    (8) censure or reprimand the licensee; or
25.3    (9) any other action as allowed by law and justified by the facts of the case.
25.4    (b) (c) A license to practice as a physical therapist or physical therapist assistant is
25.5automatically suspended if (1) a guardian of the physical therapist licensee is appointed
25.6by order of a court pursuant to sections 524.5-101 to 524.5-502, for reasons other than
25.7the minority of the physical therapist licensee; or (2) the physical therapist licensee is
25.8committed by order of a court pursuant to chapter 253B. The license remains suspended
25.9until the physical therapist licensee is restored to capacity by a court and, upon petition
25.10by the physical therapist licensee, the suspension is terminated by the Board of Physical
25.11Therapy after a hearing.

25.12    Sec. 34. Minnesota Statutes 2006, section 148.754, is amended to read:
25.13148.754 EXAMINATION; ACCESS TO MEDICAL DATA.
25.14    (a) If the board has probable cause to believe that a physical therapist licensee
25.15comes under section 148.75, paragraph (a), clause (2), it may direct the physical therapist
25.16licensee to submit to a mental or physical examination. For the purpose of this paragraph,
25.17every physical therapist licensee is deemed to have consented to submit to a mental or
25.18physical examination when directed in writing by the board and further to have waived
25.19all objections to the admissibility of the examining physicians' testimony or examination
25.20reports on the ground that they constitute a privileged communication. Failure of the
25.21physical therapist licensee to submit to an examination when directed constitutes an
25.22admission of the allegations against the person, unless the failure was due to circumstances
25.23beyond the person's control, in which case a default and final order may be entered without
25.24the taking of testimony or presentation of evidence. A physical therapist licensee affected
25.25under this paragraph shall, at reasonable intervals, be given an opportunity to demonstrate
25.26that the person can resume the competent practice of physical therapy with reasonable
25.27skill and safety to the public.
25.28    (b) In any proceeding under paragraph (a), neither the record of proceedings nor
25.29the orders entered by the board shall be used against a physical therapist licensee in any
25.30other proceeding.
25.31    (c) In addition to ordering a physical or mental examination, the board may,
25.32notwithstanding section 13.384, 144.651, or any other law limiting access to medical
25.33or other health data, obtain medical data and health records relating to a physical
25.34therapist licensee or applicant without the person's or applicant's consent if the board has
25.35probable cause to believe that a physical therapist the person comes under paragraph
26.1(a). The medical data may be requested from a provider, as defined in section 144.335,
26.2subdivision 1 , paragraph (b), an insurance company, or a government agency, including
26.3the Department of Human Services. A provider, insurance company, or government
26.4agency shall comply with any written request of the board under this paragraph and is
26.5not liable in any action for damages for releasing the data requested by the board if the
26.6data are released pursuant to a written request under this paragraph, unless the information
26.7is false and the provider giving the information knew, or had reason to believe, the
26.8information was false. Information obtained under this paragraph is classified as private
26.9under sections 13.01 to 13.87.

26.10    Sec. 35. Minnesota Statutes 2006, section 148.755, is amended to read:
26.11148.755 TEMPORARY SUSPENSION OF LICENSE.
26.12    In addition to any other remedy provided by law, the board may, without a hearing,
26.13temporarily suspend the license of a physical therapist licensee if the board finds that the
26.14physical therapist licensee has violated a statute or rule which the board is empowered to
26.15enforce and continued practice by the physical therapist licensee would create a serious
26.16risk of harm to the public. The suspension shall take effect upon written notice to the
26.17physical therapist licensee, specifying the statute or rule violated. The suspension shall
26.18remain in effect until the board issues a final order in the matter after a hearing. At the
26.19time it issues the suspension notice, the board shall schedule a disciplinary hearing to be
26.20held pursuant to the Administrative Procedure Act, chapter 14. The physical therapist
26.21licensee shall be provided with at least 20 days' notice of any hearing held pursuant to this
26.22section. The hearing shall be scheduled to begin no later than 30 days after the issuance
26.23of the suspension order.

26.24    Sec. 36. Minnesota Statutes 2006, section 148.76, subdivision 1, is amended to read:
26.25    Subdivision 1. Licensure required. No person shall:
26.26    (1) provide physical therapy unless the person is licensed as a physical therapist or
26.27physical therapist assistant under sections 148.65 to 148.78;
26.28    (2) use the title of physical therapist without a license as a physical therapist or use
26.29the title physical therapist assistant without a license as a physical therapist assistant
26.30issued under sections 148.65 to 148.78;
26.31    (3) in any manner hold out as a physical therapist, or use in connection with the
26.32person's name the words or letters Physical Therapist, Physiotherapist, Physical Therapy
26.33Technician, Registered Physical Therapist, Licensed Physical Therapist, PT, PTT, RPT,
26.34LPT, or any letters, words, abbreviations or insignia indicating or implying that the person
27.1is a physical therapist, without a license as a physical therapist issued under sections
27.2148.65 to 148.78. To do so is a gross misdemeanor;
27.3    (4) in any manner hold out as a physical therapist assistant, or use in connection with
27.4the person's name the words or letters Physical Therapist Assistant, P.T.A., or any letters,
27.5words, abbreviations, or insignia indicating or implying that the person is a physical
27.6therapist assistant, without a license as a physical therapist assistant under sections 148.65
27.7to 148.78. To do so is a gross misdemeanor; or
27.8    (4) (5) employ fraud or deception in applying for or securing a license as a physical
27.9therapist or physical therapist assistant.
27.10    Nothing in sections 148.65 to 148.78 prohibits a person licensed or registered in this
27.11state under another law from carrying out the therapy or practice for which the person is
27.12duly licensed or registered.

27.13    Sec. 37. Minnesota Statutes 2006, section 148.78, is amended to read:
27.14148.78 PROSECUTION, ALLEGATIONS.
27.15    In the prosecution of any person for violation of sections 148.65 to 148.78 as
27.16specified in section 148.76, it shall not be necessary to allege or prove want of a valid
27.17license as a physical therapist or physical therapist assistant, but shall be a matter of
27.18defense to be established by the accused.

27.19    Sec. 38. [148.785] FEES.
27.20    The fees charged by the board are fixed at the following rates:
27.21    (1) application fee for physical therapists and physical therapist assistants, $100;
27.22    (2) annual licensure for physical therapists and physical therapist assistants, $60;
27.23    (3) licensure renewal late fee, $20;
27.24    (4) temporary permit, $25;
27.25    (5) duplicate license or registration, $20;
27.26    (6) certification letter, $25;
27.27    (7) education or training program approval, $100;
27.28    (8) report creation and generation, $60 per hour billed in quarter-hour increments
27.29with a quarter-hour minimum; and
27.30    (9) examination administration:
27.31    (i) half day, $50; and
27.32    (ii) full day, $80.

27.33    Sec. 39. Minnesota Statutes 2006, section 148B.50, subdivision 5, is amended to read:
28.1    Subd. 5. Scope of practice. (a) The scope of practice of a licensed professional
28.2counselor includes, but is not limited to:
28.3    (1) the implementation of professional counseling treatment interventions including
28.4evaluation, treatment planning, assessment, and referral;
28.5    (2) direct counseling services to individuals, groups, and families;
28.6    (3) counseling strategies that effectively respond to multicultural populations;
28.7    (4) knowledge of relevant laws and ethics impacting practice;
28.8    (5) crisis intervention;
28.9    (6) consultation; and
28.10    (7) program evaluation and applied research.
28.11    (b) For the purposes of paragraph (a), clause (1), "professional counseling treatment
28.12interventions" means the application of cognitive, affective, behavioral, systemic, and
28.13community counseling strategies which include principles of human development,
28.14wellness, and pathology. Counselors provide mental health services for clients whose
28.15symptoms significantly interfere with daily functioning and would most likely not improve
28.16in a reasonable time period without intervention.
28.17    (c) Licensed professional counseling does not include activities or services
28.18undertaken by persons listed in section 148B.592, or the performance of any act that
28.19licensed professional counselors are not educated and trained to perform.
28.20    (d) In order to evaluate and treat mental illness, a licensed professional counselor
28.21must complete the postgraduate training specified in section 245.462, subdivision 18,
28.22clause (6), or 245.4871, subdivision 27, clause (6).

28.23    Sec. 40. Minnesota Statutes 2006, section 148B.53, subdivision 1, is amended to read:
28.24    Subdivision 1. General requirements. (a) To be licensed as a licensed professional
28.25counselor (LPC), an applicant must provide evidence satisfactory to the board that the
28.26applicant:
28.27    (1) is at least 18 years of age;
28.28    (2) is of good moral character;
28.29    (3) has completed a master's or doctoral degree program in counseling or a related
28.30field, as determined by the board based on the criteria in paragraph (b), that includes a
28.31minimum of 48 semester hours or 72 quarter hours and a supervised field experience of
28.32not fewer than 700 hours that is counseling in nature;
28.33    (4) has submitted to the board a plan for supervision during the first 2,000 hours
28.34of professional practice or has submitted proof of supervised professional practice that
28.35is acceptable to the board; and
29.1    (5) has demonstrated competence in professional counseling by passing the National
29.2Counseling Exam (NCE) administered by the National Board for Certified Counselors,
29.3Inc. (NBCC) or an equivalent national examination as determined by the board, and
29.4ethical, oral, and situational examinations if prescribed by the board.
29.5    (b) The degree described in paragraph (a), clause (3), must be from a counseling
29.6program recognized by the Council for Accreditation of Counseling and Related Education
29.7Programs (CACREP) or from an institution of higher education that is accredited by
29.8a regional accrediting organization recognized by the Council for Higher Education
29.9Accreditation (CHEA). Except as provided in paragraph (e), Specific academic course
29.10content and training must include course work course work in each of the following
29.11subject areas:
29.12    (1) the helping relationship, including counseling theory and practice;
29.13    (2) human growth and development;
29.14    (3) lifestyle and career development;
29.15    (4) group dynamics, processes, counseling, and consulting;
29.16    (5) assessment and appraisal;
29.17    (6) social and cultural foundations, including multicultural issues;
29.18    (7) principles of etiology, treatment planning, and prevention of mental and
29.19emotional disorders and dysfunctional behavior;
29.20    (8) family counseling and therapy;
29.21    (9) research and evaluation; and
29.22    (10) professional counseling orientation and ethics.
29.23    (c) To be licensed as a professional counselor, a psychological practitioner licensed
29.24under section 148.908 need only show evidence of licensure under that section and is not
29.25required to comply with paragraph (a), clauses (1) to (3) and (5), or paragraph (b).
29.26    (d) To be licensed as a professional counselor, a Minnesota licensed psychologist
29.27need only show evidence of licensure from the Minnesota Board of Psychology and is not
29.28required to comply with paragraph (a) or (b).
29.29    (e) If the degree described in paragraph (a), clause (3), is from a counseling program
29.30recognized by the Council for Accreditation of Counseling and Related Education
29.31Programs (CACREP), the applicant is deemed to have met the specific course work
29.32requirements of paragraph (b).

29.33    Sec. 41. Minnesota Statutes 2006, section 148B.53, subdivision 3, is amended to read:
29.34    Subd. 3. Fee. Nonrefundable fees are as follows:
30.1    (1) initial license application fee for licensed professional counseling (LPC) - $250
30.2$150;
30.3    (2) initial license fee for LPC - $250;
30.4    (3) annual active license renewal fee for LPC - $200 $250 or equivalent;
30.5    (3) (4) annual inactive license renewal fee for LPC - $100 $125;
30.6    (5) initial license application fee for licensed professional clinical counseling
30.7(LPCC) - $150;
30.8    (6) initial license fee for LPCC - $250;
30.9    (7) annual active license renewal fee for LPCC - $250 or equivalent;
30.10    (8) annual inactive license renewal fee for LPCC - $125;
30.11    (4) (9) license renewal late fee - $100 per month or portion thereof;
30.12    (5) (10) copy of board order or stipulation - $10;
30.13    (6) (11) certificate of good standing or license verification - $10 $25;
30.14    (7) (12) duplicate certificate fee - $10 $25;
30.15    (8) (13) professional firm renewal fee - $25;
30.16    (9) (14) sponsor application for approval of a continuing education course - $60;
30.17    (15) initial registration fee - $50; and
30.18    (10) (16) annual registration renewal fee - $25; and
30.19    (17) approved supervisor application processing fee - $30.

30.20    Sec. 42. [148B.5301] REQUIREMENTS FOR LICENSURE AS A LICENSED
30.21PROFESSIONAL CLINICAL COUNSELOR.
30.22    Subdivision 1. General requirements. (a) To be licensed as a licensed professional
30.23clinical counselor (LPCC), an applicant must provide satisfactory evidence to the board
30.24that the applicant:
30.25    (1) is at least 18 years of age;
30.26    (2) is of good moral character;
30.27    (3) has completed a masters or doctoral degree program in counseling or a
30.28related field, as determined by the board based on the criteria in items (i) to (x), that
30.29includes a minimum of 48 semester hours or 72 quarter hours and a supervised field
30.30experience in counseling that is not fewer than 700 hours. The degree must be from
30.31a counseling program recognized by the Council for Accreditation of Counseling and
30.32Related Education Programs (CACREP) or from an institution of higher education that is
30.33accredited by a regional accrediting organization recognized by the Council for Higher
30.34Education Accreditation (CHEA). Specific academic course content and training must
30.35include coursework in each of the following subject areas:
31.1    (i) helping relationship, including counseling theory and practice;
31.2    (ii) human growth and development;
31.3    (iii) lifestyle and career development;
31.4    (iv) group dynamics, processes, counseling, and consulting;
31.5    (v) assessment and appraisal;
31.6    (vi) social and cultural foundations, including multicultural issues;
31.7    (vii) principles of etiology, treatment planning, and prevention of mental and
31.8emotional disorders and dysfunctional behavior;
31.9    (viii) family counseling and therapy;
31.10    (ix) research and evaluation; and
31.11    (x) professional counseling orientation and ethics;
31.12    (4) has demonstrated competence in professional counseling by passing the National
31.13Clinical Mental Health Counseling Examination (NCMHCE), administered by the
31.14National Board for Certified Counselors, Inc. (NBCC) and ethical, oral, and situational
31.15examinations as prescribed by the board. In lieu of the NCMHCE, applicants who have
31.16taken and passed the National Counselor Examination (NCE) administered by the NBCC,
31.17or another board-approved examination, need only take and pass the Examination of
31.18Clinical Counseling Practice (ECCP) administered by the NBCC;
31.19    (5) has earned graduate-level semester credits or quarter-credit equivalents in the
31.20following clinical content areas as follows:
31.21    (i) six credits in diagnostic assessment for child or adult mental disorders; normative
31.22development; and psychopathology, including developmental psychopathology;
31.23    (ii) three credits in clinical treatment planning, with measurable goals;
31.24    (iii) six credits in clinical intervention methods informed by research evidence and
31.25community standards of practice;
31.26    (iv) three credits in evaluation methodologies regarding the effectiveness of
31.27interventions;
31.28    (v) three credits in professional ethics applied to clinical practice; and
31.29    (vi) three credits in cultural diversity; and
31.30    (6) has demonstrated successful completion of 4,000 hours of supervised,
31.31postmasters degree professional practice in the delivery of clinical services in the
31.32diagnosis and treatment of child and adult mental illnesses and disorders, conducted
31.33according to subdivision 2.
31.34    (b) If coursework in paragraph (a) was not completed as part of the degree program
31.35required by paragraph (a), clause (3), the coursework must be taken and passed for credit,
32.1and must be earned from a counseling program or institution that meets the requirements
32.2of paragraph (a), clause (3).
32.3    Subd. 2. Supervision. (a) To qualify as a LPCC, an applicant must have completed
32.44,000 hours of postmasters degree supervised professional practice in the delivery of
32.5clinical services in the diagnosis and treatment of mental illnesses and disorders in
32.6both children and adults. The supervised practice shall be conducted according to the
32.7requirements in paragraphs (b) to (e).
32.8    (b) The supervision must have been received under a contract that defines clinical
32.9practice and supervision from a mental health professional as defined in section 245.462,
32.10subdivision 18, clauses (1) to (6), or section 245.4871, subdivision 27, clauses (1) to (6),
32.11or by a board-approved supervisor, who has at least two years of postlicensure experience
32.12in the delivery of clinical services in the diagnosis and treatment of mental illnesses and
32.13disorders.
32.14    (c) The supervision must be obtained at the rate of two hours of supervision per 40
32.15hours of professional practice. The supervision must be evenly distributed over the course
32.16of the supervised professional practice. At least 75 percent of the required supervision
32.17hours must be received in person. The remaining 25 percent of the required hours may be
32.18received by telephone or by audio or audiovisual electronic device. At least 50 percent of
32.19the required hours of supervision must be received on an individual basis. The remaining
32.2050 percent may be received in a group setting.
32.21    (d) The supervised practice must include at least 1,800 hours of clinical client
32.22contact.
32.23    (e) The supervised practice must be clinical practice. Supervision includes the
32.24observation by the supervisor of the successful application of professional counseling
32.25knowledge, skills, and values in the differential diagnosis and treatment of psychosocial
32.26function, disability, or impairment, including addictions and emotional, mental, and
32.27behavioral disorders.
32.28    Subd. 3. Conversion from licensed professional counselor to licensed clinical
32.29counselor. (a) Until August 1, 2011, an individual currently licensed in the state of
32.30Minnesota as a licensed professional counselor may convert to a LPCC by providing
32.31evidence satisfactory to the board that the applicant has met the following requirements:
32.32    (1) is at least 18 years of age;
32.33    (2) is of good moral character;
32.34    (3) has a license that is active and in good standing;
32.35    (4) has no complaints pending, uncompleted disciplinary orders, or corrective
32.36action agreements;
33.1    (5) has completed a masters or doctoral degree program in counseling or a related
33.2field, as determined by the board, and whose degree was from a counseling program
33.3recognized by CACREP or from an institution of higher education that is accredited by a
33.4regional accrediting organization recognized by CHEA;
33.5    (6) has earned 24 graduate-level semester credits or quarter-credit equivalents in
33.6clinical coursework which includes content in the following clinical areas:
33.7    (i) diagnostic assessment for child and adult mental disorders; normative
33.8development; and psychopathology, including developmental psychopathology;
33.9    (ii) clinical treatment planning, with measurable goals;
33.10    (iii) clinical intervention methods informed by research evidence and community
33.11standards of practice;
33.12    (iv) evaluation methodologies regarding the effectiveness of interventions;
33.13    (v) professional ethics applied to clinical practice; and
33.14    (vi) cultural diversity;
33.15    (7) has demonstrated, to the satisfaction of the board, successful completion of
33.164,000 hours of supervised, postmasters degree professional practice in the delivery of
33.17clinical services in the diagnosis and treatment of child and adult mental illnesses and
33.18disorders; and
33.19    (8) has paid the LPCC application and licensure fees required in section 148B.53,
33.20subdivision 3.
33.21    (b) If the coursework in paragraph (a) was not completed as part of the degree
33.22program required by paragraph (a), clause (5), the coursework must be taken and passed
33.23for credit, and must be earned from a counseling program or institution that meets the
33.24requirements in paragraph (a), clause (5).
33.25    (c) This subdivision expires August 1, 2011.
33.26    Subd. 4. Conversion to licensed professional clinical counselor after August 1,
33.272011. An individual licensed in the state of Minnesota as a licensed professional counselor
33.28may convert to a LPCC by providing evidence satisfactory to the board that the applicant
33.29has met the requirements of subdivisions 1 and 2, subject to the following:
33.30    (1) the individual's license must be active and in good standing;
33.31    (2) the individual must not have any complaints pending, uncompleted disciplinary
33.32orders, or corrective action agreements; and
33.33    (3) the individual has paid the LPCC application and licensure fees required in
33.34section 148B.53, subdivision 3.
34.1    Subd. 5. Scope of practice. The scope of practice of a LPCC shall include all
34.2those services provided by mental health professionals as defined in section 245.462,
34.3subdivision 18, and section 245.4871, subdivision 27.
34.4    Subd. 6. Jurisdiction. LPCC's are subject to the board's statutes and rules to the
34.5same extent as licensed professional counselors.

34.6    Sec. 43. [148B.532] DEGREES FROM FOREIGN INSTITUTIONS.
34.7    Subdivision 1. Scope and documentation. In addition to meeting all other licensure
34.8requirements, an applicant for licensure whose degree was received from a foreign degree
34.9program that is not recognized by the Council for Accreditation of Counseling and Related
34.10Education Programs (CACREP) or from a foreign institution of higher education that is
34.11not accredited by a regional accrediting organization recognized by the Council for Higher
34.12Education Accreditation (CHEA) must fulfill the requirements of this section, providing
34.13certified English translations of board-required relevant documentation.
34.14    Subd. 2. Education evaluation. An applicant for licensure as a licensed
34.15professional counselor must present evidence of completion of a degree equivalent to
34.16that required in section 148B.53, subdivision 1, paragraphs (a), clause (3); and (b). This
34.17evidence will be evaluated by the board with the assistance of a credentials evaluation
34.18service familiar with educational standards and professional qualification. The evaluation
34.19must be sent directly to the board from the evaluating agency. Agencies providing
34.20evaluation services must be accepted by the National Board for Certified Counselors, Inc.
34.21The applicant shall be responsible for the expenses incurred as a result of the evaluation.

34.22    Sec. 44. Minnesota Statutes 2006, section 148C.12, is amended by adding a
34.23subdivision to read:
34.24    Subd. 12. Sponsor application fee. The fee for sponsor application for approval
34.25of a continuing education course is $60.

34.26    Sec. 45. Minnesota Statutes 2006, section 148C.12, is amended by adding a
34.27subdivision to read:
34.28    Subd. 13. Order or stipulation fee. The fee for a copy of a board order or
34.29stipulation is $10.

34.30    Sec. 46. Minnesota Statutes 2006, section 148C.12, is amended by adding a
34.31subdivision to read:
34.32    Subd. 14. Duplicate certificate fee. The fee for a duplicate certificate is $25.

35.1    Sec. 47. Minnesota Statutes 2006, section 148C.12, is amended by adding a
35.2subdivision to read:
35.3    Subd. 15. Supervisor application processing fee. The fee for licensure supervisor
35.4application processing is $30.

35.5    Sec. 48. Minnesota Statutes 2006, section 148D.050, subdivision 1, is amended to read:
35.6    Subdivision 1. Requirements. The practice of social work A person licensed under
35.7section 148D.055 or 148D.061 must comply with the requirements of subdivision 2,
35.83, 4, or 5.

35.9    Sec. 49. Minnesota Statutes 2006, section 148D.055, subdivision 2, is amended to read:
35.10    Subd. 2. Qualifications for licensure by examination as a licensed social worker.
35.11    (a) Except as provided in paragraph (i), To be licensed as a licensed social worker, an
35.12applicant for licensure by examination must provide evidence satisfactory to the board
35.13that the applicant:
35.14    (1) has received a baccalaureate degree in social work from a program accredited by
35.15the Council on Social Work Education, the Canadian Association of Schools of Social
35.16Work, or a similar accreditation body designated by the board;
35.17    (2) has passed the bachelors or equivalent examination administered by the
35.18Association of Social Work Boards or a similar examination body designated by the board.
35.19Unless an applicant applies for licensure by endorsement pursuant to subdivision 7, an
35.20examination is not valid if it was taken and passed eight or more years prior to submitting
35.21a completed, signed application form provided by the board. The examination may be
35.22taken prior to completing degree requirements;
35.23    (3) has submitted a completed, signed application form provided by the board,
35.24including the applicable application fee specified in section 148D.180. For applications
35.25submitted electronically, a "signed application" means providing an attestation as specified
35.26by the board;
35.27    (4) has submitted the criminal background check fee and a form provided by the
35.28board authorizing a criminal background check pursuant to subdivision 8;
35.29    (5) has paid the applicable license fee specified in section 148D.180; and
35.30    (6) has not engaged in conduct that was or would be in violation of the standards
35.31of practice specified in sections 148D.195 to 148D.240. If the applicant has engaged in
35.32conduct that was or would be in violation of the standards of practice, the board may take
35.33action pursuant to sections 148D.255 to 148D.270.
36.1    (b) An application that is not completed and signed, or that is not accompanied by the
36.2correct fee, must be returned to the applicant, along with any fee submitted, and is void.
36.3    (c) A licensee granted a license by the board pursuant to paragraph (a) must meet
36.4the supervised practice requirements specified in sections 148D.100 to 148D.125. If a
36.5licensee does not meet the supervised practice requirements, the board may take action
36.6pursuant to sections 148D.255 to 148D.270.
36.7    (d) By submitting an application for licensure, an applicant authorizes the board to
36.8investigate any information provided or requested in the application. The board may
36.9request that the applicant provide additional information, verification, or documentation.
36.10    (e) Within one year of the time the board receives an application for licensure, the
36.11applicant must meet all the requirements specified in paragraph (a) and must provide all of
36.12the information requested by the board pursuant to paragraph (d). If within one year the
36.13applicant does not meet all the requirements, or does not provide all of the information
36.14requested, the applicant is considered ineligible and the application for licensure must
36.15be closed.
36.16    (f) Except as provided in paragraph (g), an applicant may not take more than three
36.17times the bachelors or equivalent examination administered by the Association of Social
36.18Work Boards, or a similar examination body designated by the board. An applicant must
36.19receive a passing score on the bachelors or equivalent examination administered by the
36.20Association of Social Work Boards or a similar examination body designated by the board
36.21in no more than 18 months after the date the applicant first failed the examination.
36.22    (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a
36.23fourth or subsequent time, the bachelors or equivalent examination administered by the
36.24Association of Social Work Boards or a similar examination body designated by the
36.25board if the applicant:
36.26    (1) meets all requirements specified in paragraphs (a) to (e) other than passing the
36.27bachelors or equivalent examination administered by the Association of Social Work
36.28Boards or a similar examination body designated by the board;
36.29    (2) provides to the board a description of the efforts the applicant has made to
36.30improve the applicant's score and demonstrates to the board's satisfaction that the efforts
36.31are likely to improve the score; and
36.32    (3) provides to the board letters of recommendation from two licensed social workers
36.33attesting to the applicant's ability to practice social work competently and ethically in
36.34accordance with professional social work knowledge, skills, and values.
36.35    (h) An individual must not practice social work until the individual passes the
36.36examination and receives a social work license under this section or section 148D.060. If
37.1the board has reason to believe that an applicant may be practicing social work without a
37.2license, and the applicant has failed the bachelors or equivalent examination administered
37.3by the Association of Social Work Boards or a similar examination body designated by
37.4the board, the board may notify the applicant's employer that the applicant is not licensed
37.5as a social worker.
37.6    (i) An applicant who was born in a foreign country, who has taken and failed to
37.7pass the examination specified in paragraph (a), clause (2), at least once since January
37.81, 2000, and for whom English is a second language, is eligible for licensure as a social
37.9worker if the applicant:
37.10    (1) provides evidence to the board of compliance with the requirements in paragraph
37.11(a), clauses (1) and (3) to (6), and in paragraphs (b) to (e) and (h); and
37.12    (2) provides to the board letters of recommendation and experience ratings from two
37.13licensed social workers and one professor from the applicant's social work program who
37.14can attest to the applicant's competence.
37.15This paragraph expires August 1, 2007.

37.16    Sec. 50. Minnesota Statutes 2006, section 148D.055, subdivision 3, is amended to read:
37.17    Subd. 3. Qualifications for licensure by examination as licensed graduate
37.18social worker. (a) Except as provided in paragraph (i), To be licensed as a licensed
37.19graduate social worker, an applicant for licensure by examination must provide evidence
37.20satisfactory to the board that the applicant:
37.21    (1) has received a graduate degree in social work from a program accredited by the
37.22Council on Social Work Education, the Canadian Association of Schools of Social Work,
37.23or a similar accreditation body designated by the board;
37.24    (2) has passed the masters or equivalent examination administered by the Association
37.25of Social Work Boards or a similar examination body designated by the board. Unless an
37.26applicant applies for licensure by endorsement pursuant to section 148D.055, subdivision
37.277 , an examination is not valid if it was taken and passed eight or more years prior to
37.28submitting a completed, signed application form provided by the board. The examination
37.29may be taken prior to completing degree requirements;
37.30    (3) has submitted a completed, signed application form provided by the board,
37.31including the applicable application fee specified in section 148D.180. For applications
37.32submitted electronically, a "signed application" means providing an attestation as specified
37.33by the board;
37.34    (4) has submitted the criminal background check fee and a form provided by the
37.35board authorizing a criminal background check pursuant to subdivision 8;
38.1    (5) has paid the applicable license fee specified in section 148D.180; and
38.2    (6) has not engaged in conduct that was or would be in violation of the standards
38.3of practice specified in sections 148D.195 to 148D.240. If the applicant has engaged in
38.4conduct that was or would be in violation of the standards of practice, the board may take
38.5action pursuant to sections 148D.255 to 148D.270.
38.6    (b) An application which is not completed and signed, or which is not accompanied
38.7by the correct fee, must be returned to the applicant, along with any fee submitted, and is
38.8void.
38.9    (c) A licensee granted a license by the board pursuant to paragraph (a) must meet
38.10the supervised practice requirements specified in sections 148D.100 to 148D.125. If a
38.11licensee does not meet the supervised practice requirements, the board may take action
38.12pursuant to sections 148D.255 to 148D.270.
38.13    (d) By submitting an application for licensure, an applicant authorizes the board to
38.14investigate any information provided or requested in the application. The board may
38.15request that the applicant provide additional information, verification, or documentation.
38.16    (e) Within one year of the time the board receives an application for licensure, the
38.17applicant must meet all the requirements specified in paragraph (a) and must provide all of
38.18the information requested by the board pursuant to paragraph (d). If within one year the
38.19applicant does not meet all the requirements, or does not provide all of the information
38.20requested, the applicant is considered ineligible and the application for licensure must
38.21be closed.
38.22    (f) Except as provided in paragraph (g), an applicant may not take more than three
38.23times the masters or equivalent examination administered by the Association of Social
38.24Work Boards or a similar examination body designated by the board. An applicant must
38.25receive a passing score on the masters or equivalent examination administered by the
38.26Association of Social Work Boards or a similar examination body designated by the board
38.27in no more than 18 months after the date the applicant first failed the examination.
38.28    (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a
38.29fourth or subsequent time, the masters or equivalent examination administered by the
38.30Association of Social Work Boards or a similar examination body designated by the
38.31board if the applicant:
38.32    (1) meets all requirements specified in paragraphs (a) to (e) other than passing the
38.33masters or equivalent examination administered by the Association of Social Work boards
38.34or a similar examination body designated by the board;
39.1    (2) provides to the board a description of the efforts the applicant has made to
39.2improve the applicant's score and demonstrates to the board's satisfaction that the efforts
39.3are likely to improve the score; and
39.4    (3) provides to the board letters of recommendation from two licensed social workers
39.5attesting to the applicant's ability to practice social work competently and ethically in
39.6accordance with professional social work knowledge, skills, and values.
39.7    (h) An individual must not practice social work until the individual passes the
39.8examination and receives a social work license under this section or section 148D.060. If
39.9the board has reason to believe that an applicant may be practicing social work without a
39.10license, and the applicant has failed the masters or equivalent examination administered
39.11by the Association of Social Work Boards or a similar examination body designated by
39.12the board, the board may notify the applicant's employer that the applicant is not licensed
39.13as a social worker.
39.14    (i) An applicant who was born in a foreign country, who has taken and failed to
39.15pass the examination specified in paragraph (a), clause (2), at least once since January
39.161, 2000, and for whom English is a second language, is eligible for licensure as a social
39.17worker if the applicant:
39.18    (1) provides evidence to the board of compliance with the requirements in paragraph
39.19(a), clauses (1) and (3) to (6), and in paragraphs (b) to (e) and (h); and
39.20    (2) provides to the board letters of recommendation and experience ratings from two
39.21licensed social workers and one professor from the applicant's social work program who
39.22can attest to the applicant's competence.
39.23This paragraph expires August 1, 2007.

39.24    Sec. 51. Minnesota Statutes 2006, section 148D.055, subdivision 4, is amended to read:
39.25    Subd. 4. Licensure by examination; licensed independent social worker. (a)
39.26Except as provided in paragraph (i), To be licensed as a licensed independent social
39.27worker, an applicant for licensure by examination must provide evidence satisfactory
39.28to the board that the applicant:
39.29    (1) has received a graduate degree in social work from a program accredited by the
39.30Council on Social Work Education, the Canadian Association of Schools of Social Work,
39.31or a similar accreditation body designated by the board;
39.32    (2) has practiced social work as defined in section 148D.010, and has met the
39.33supervised practice requirements specified in sections 148D.100 to 148D.125;
39.34    (3) has passed the advanced generalist or equivalent examination administered by
39.35the Association of Social Work Boards or a similar examination body designated by the
40.1board. Unless an applicant applies for licensure by endorsement pursuant to subdivision
40.27, an examination is not valid if it was taken and passed eight or more years prior to
40.3submitting a completed, signed application form provided by the board;
40.4    (4) has submitted a completed, signed application form provided by the board,
40.5including the applicable application fee specified in section 148D.180. For applications
40.6submitted electronically, a "signed application" means providing an attestation as specified
40.7by the board;
40.8    (5) has submitted the criminal background check fee and a form provided by the
40.9board authorizing a criminal background check pursuant to subdivision 8;
40.10    (6) has paid the applicable license fee specified in section 148D.180; and
40.11    (7) has not engaged in conduct that was or would be in violation of the standards
40.12of practice specified in sections 148D.195 to 148D.240. If the applicant has engaged in
40.13conduct that was or would be in violation of the standards of practice, the board may take
40.14action pursuant to sections 148D.255 to 148D.270.
40.15    (b) An application which is not completed and signed, or which is not accompanied
40.16by the correct fee, must be returned to the applicant, along with any fee submitted, and is
40.17void.
40.18    (c) A licensed independent social worker who practices clinical social work must
40.19meet the supervised practice requirements specified in sections 148D.100 to 148D.125. If
40.20a licensee does not meet the supervised practice requirements, the board may take action
40.21pursuant to sections 148D.255 to 148D.270.
40.22    (d) By submitting an application for licensure, an applicant authorizes the board to
40.23investigate any information provided or requested in the application. The board may
40.24request that the applicant provide additional information, verification, or documentation.
40.25    (e) Within one year of the time the board receives an application for licensure, the
40.26applicant must meet all the requirements specified in paragraph (a) and must provide all of
40.27the information requested by the board pursuant to paragraph (d). If within one year the
40.28applicant does not meet all the requirements, or does not provide all of the information
40.29requested, the applicant is considered ineligible and the application for licensure must
40.30be closed.
40.31    (f) Except as provided in paragraph (g), an applicant may not take more than
40.32three times the advanced generalist or equivalent examination administered by the
40.33Association of Social Work Boards or a similar examination body designated by the
40.34board. An applicant must receive a passing score on the masters or equivalent examination
40.35administered by the Association of Social Work Boards or a similar examination body
41.1designated by the board in no more than 18 months after the first time the applicant failed
41.2the examination.
41.3    (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a
41.4fourth or subsequent time, the advanced generalist or equivalent examination administered
41.5by the Association of Social Work Boards or a similar examination body designated by
41.6the board if the applicant:
41.7    (1) meets all requirements specified in paragraphs (a) to (e) other than passing the
41.8advanced generalist or equivalent examination administered by the Association of Social
41.9Work Boards or a similar examination body designated by the board;
41.10    (2) provides to the board a description of the efforts the applicant has made to
41.11improve the applicant's score and demonstrates to the board's satisfaction that the efforts
41.12are likely to improve the score; and
41.13    (3) provides to the board letters of recommendation from two licensed social workers
41.14attesting to the applicant's ability to practice social work competently and ethically in
41.15accordance with professional social work knowledge, skills, and values.
41.16    (h) An individual must not practice social work until the individual passes the
41.17examination and receives a social work license under this section or section 148D.060. If
41.18the board has reason to believe that an applicant may be practicing social work without a
41.19license, except as provided in section 148D.065, and the applicant has failed the advanced
41.20generalist or equivalent examination administered by the Association of Social Work
41.21Boards or a similar examination body designated by the board, the board may notify the
41.22applicant's employer that the applicant is not licensed as a social worker.
41.23    (i) An applicant who was born in a foreign country, who has taken and failed to
41.24pass the examination specified in paragraph (a), clause (3), at least once since January
41.251, 2000, and for whom English is a second language, is eligible for licensure as a social
41.26worker if the applicant:
41.27    (1) provides evidence to the board of compliance with the requirements in paragraph
41.28(a), clauses (1), (2), and (4) to (7), and in paragraphs (b) to (e) and (h); and
41.29    (2) provides to the board letters of recommendation and experience ratings from two
41.30licensed social workers and one professor from the applicant's social work program who
41.31can attest to the applicant's competence.
41.32This paragraph expires August 1, 2007.

41.33    Sec. 52. Minnesota Statutes 2006, section 148D.055, subdivision 5, is amended to read:
41.34    Subd. 5. Licensure by examination; licensed independent clinical social worker.
41.35    (a) Except as provided in paragraph (h), To be licensed as a licensed independent
42.1clinical social worker, an applicant for licensure by examination must provide evidence
42.2satisfactory to the board that the applicant:
42.3    (1) has received a graduate degree in social work from a program accredited by the
42.4Council on Social Work Education, the Canadian Association of Schools of Social Work,
42.5or a similar accreditation body designated by the board;
42.6    (2) has practiced clinical social work as defined in section 148D.010, including both
42.7diagnosis and treatment, and has met the supervised practice requirements specified in
42.8sections 148D.100 to 148D.125;
42.9    (3) has passed the clinical or equivalent examination administered by the Association
42.10of Social Work Boards or a similar examination body designated by the board. Unless an
42.11applicant applies for licensure by endorsement pursuant to subdivision 7, an examination
42.12is not valid if it was taken and passed eight or more years prior to submitting a completed,
42.13signed application form provided by the board;
42.14    (4) has submitted a completed, signed application form provided by the board,
42.15including the applicable application fee specified in section 148D.180. For applications
42.16submitted electronically, a "signed application" means providing an attestation as specified
42.17by the board;
42.18    (5) has submitted the criminal background check fee and a form provided by the
42.19board authorizing a criminal background check pursuant to subdivision 8;
42.20    (6) has paid the license fee specified in section 148D.180; and
42.21    (7) has not engaged in conduct that was or would be in violation of the standards
42.22of practice specified in sections 148D.195 to 148D.240. If the applicant has engaged in
42.23conduct that was or would be in violation of the standards of practice, the board may take
42.24action pursuant to sections 148D.255 to 148D.270.
42.25    (b) An application which is not completed and signed, or which is not accompanied
42.26by the correct fee, must be returned to the applicant, along with any fee submitted, and is
42.27void.
42.28    (c) By submitting an application for licensure, an applicant authorizes the board to
42.29investigate any information provided or requested in the application. The board may
42.30request that the applicant provide additional information, verification, or documentation.
42.31    (d) Within one year of the time the board receives an application for licensure, the
42.32applicant must meet all the requirements specified in paragraph (a) and must provide all of
42.33the information requested by the board pursuant to paragraph (c). If within one year the
42.34applicant does not meet all the requirements, or does not provide all of the information
42.35requested, the applicant is considered ineligible and the application for licensure must
42.36be closed.
43.1    (e) Except as provided in paragraph (f), an applicant may not take more than three
43.2times the clinical or equivalent examination administered by the Association of Social
43.3Work Boards or a similar examination body designated by the board. An applicant must
43.4receive a passing score on the clinical or equivalent examination administered by the
43.5Association of Social Work Boards or a similar examination body designated by the board
43.6no later than 18 months after the first time the applicant failed the examination.
43.7    (f) Notwithstanding paragraph (e), the board may allow an applicant to take, for a
43.8fourth or subsequent time, the clinical or equivalent examination administered by the
43.9Association of Social Work Boards or a similar examination body designated by the
43.10board if the applicant:
43.11    (1) meets all requirements specified in paragraphs (a) to (d) other than passing the
43.12clinical or equivalent examination administered by the Association of Social Work Boards
43.13or a similar examination body designated by the board;
43.14    (2) provides to the board a description of the efforts the applicant has made to
43.15improve the applicant's score and demonstrates to the board's satisfaction that the efforts
43.16are likely to improve the score; and
43.17    (3) provides to the board letters of recommendation from two licensed social workers
43.18attesting to the applicant's ability to practice social work competently and ethically in
43.19accordance with professional social work knowledge, skills, and values.
43.20    (g) An individual must not practice social work until the individual passes the
43.21examination and receives a social work license under this section or section 148D.060. If
43.22the board has reason to believe that an applicant may be practicing social work without a
43.23license, and the applicant has failed the clinical or equivalent examination administered
43.24by the Association of Social Work Boards or a similar examination body designated by
43.25the board, the board may notify the applicant's employer that the applicant is not licensed
43.26as a social worker.
43.27    (h) An applicant who was born in a foreign country, who has taken and failed to
43.28pass the examination specified in paragraph (a), clause (3), at least once since January
43.291, 2000, and for whom English is a second language, is eligible for licensure as a social
43.30worker if the applicant:
43.31    (1) provides evidence to the board of compliance with the requirements in paragraph
43.32(a), clauses (1), (2), and (4) to (7), and paragraphs (b) to (d) and (g); and
43.33    (2) provides to the board letters of recommendation and experience ratings from two
43.34licensed social workers and one professor from the applicant's social work program who
43.35can attest to the applicant's competence.
43.36This paragraph expires August 1, 2007.

44.1    Sec. 53. Minnesota Statutes 2006, section 148D.055, is amended by adding a
44.2subdivision to read:
44.3    Subd. 7a. Provisional licensure. An applicant for provisional licensure must meet
44.4the license requirements in subdivisions 2 to 8, except the applicant does not have to
44.5pass an examination administered by the Association of Social Work Boards or a similar
44.6examination body designated by the board.

44.7    Sec. 54. Minnesota Statutes 2006, section 148D.060, is amended by adding a
44.8subdivision to read:
44.9    Subd. 2a. Programs in candidacy status. The board may issue a temporary
44.10license to practice social work to an applicant who has completed the requirements for a
44.11baccalaureate or graduate degree in social work from a program in candidacy status with
44.12the Council on Social Work Education, the Canadian Association of Schools of Social
44.13Work, or a similar accreditation body designated by the board, and has:
44.14    (1) applied for a license under section 148D.055;
44.15    (2) applied for a temporary license on a form provided by the board;
44.16    (3) submitted a form provided by the board authorizing the board to complete a
44.17criminal background check;
44.18    (4) passed the applicable licensure examination provided for in section 148D.055;
44.19and
44.20    (5) not engaged in conduct that is in violation of the standards of practice specified
44.21in sections 148D.195 to 148D.240. If the applicant has engaged in conduct that is in
44.22violation of the standards of practice, the board may take action according to sections
44.23148D.255 to 148D.270.

44.24    Sec. 55. Minnesota Statutes 2006, section 148D.060, subdivision 5, is amended to read:
44.25    Subd. 5. Temporary license term. (a) A temporary license is valid until expiration,
44.26or until the board issues or denies the license pursuant to section 148D.055, or until the
44.27board revokes the temporary license, whichever comes first. A temporary license is
44.28nonrenewable.
44.29    (b) A temporary license issued pursuant to subdivision 1 or 2 expires after six
44.30months.
44.31    (c) A temporary license issued pursuant to subdivision 2a expires after 12 months
44.32but may be extended at the board's discretion upon a showing that the social work program
44.33remains in good standing with the Council on Social Work Education, the Canadian
44.34Association of Schools of Social Work, or a similar accreditation body designated by
45.1the board. If the board receives notice from the Council on Social Work Education,
45.2the Canadian Association of Schools of Social Work, or a similar accreditation body
45.3designated by the board that the social work program is not in good standing, or that
45.4the accreditation will not be granted to the social work program, the temporary license
45.5is immediately revoked.
45.6    (c) (d) A temporary license issued pursuant to subdivision 3 2a expires after 12
45.7months.

45.8    Sec. 56. Minnesota Statutes 2006, section 148D.060, subdivision 6, is amended to read:
45.9    Subd. 6. Licensee with temporary license; baccalaureate degree. A licensee
45.10with a temporary license who has provided evidence to the board that the licensee has
45.11completed the requirements for a baccalaureate degree in social work from a program
45.12accredited by, or in candidacy status with, the Council on Social Work Education,
45.13the Canadian Association of Schools of Social Work, or a similar accreditation body
45.14designated by the board may temporarily engage in social work practice except that a
45.15licensee with a temporary license may not engage in clinical social work practice.

45.16    Sec. 57. Minnesota Statutes 2006, section 148D.060, subdivision 7, is amended to read:
45.17    Subd. 7. Licensee with temporary license; graduate degree. A licensee with a
45.18temporary license who has provided evidence to the board that the licensee has completed
45.19the requirements for a graduate degree in social work from a program accredited by, or in
45.20candidacy status with, the Council on Social Work Education, the Canadian Association
45.21of Schools of Social Work, or a similar accreditation body designated by the board may
45.22temporarily engage in social work practice, including clinical practice.

45.23    Sec. 58. Minnesota Statutes 2006, section 148D.060, subdivision 13, is amended to
45.24read:
45.25    Subd. 13. Revocation of temporary license. The board may immediately revoke
45.26the temporary license of any licensee who violates any requirements of this section. The
45.27revocation must be made for cause, without notice or opportunity to be heard. A licensee
45.28whose temporary license is revoked must immediately return the temporary license to
45.29the board.

45.30    Sec. 59. [148D.061] PROVISIONAL LICENSES.
45.31    Subdivision 1. Requirements for a provisional license. An applicant may be
45.32issued a provisional license if the applicant:
46.1    (1) was born in a foreign country;
46.2    (2) communicates in English as a second language;
46.3    (3) has met all other requirements for licensure; and
46.4    (4) complies with the requirements of subdivisions 2 to 7.
46.5    Subd. 2. License term. (a) A provisional license is valid until expiration, or until
46.6the board issues or denies a license under section 148D.055, or until the board revokes the
46.7provisional license, whichever occurs first.
46.8    (b) A provisional license expires three years after the effective date of the license.
46.9    Subd. 3. Scope of practice. A licensee who is issued a provisional license must
46.10comply with the requirements of section 148D.050.
46.11    Subd. 4. Fee. A licensee who is issued a provisional license must pay the
46.12appropriate license fee specified in section 148D.180.
46.13    Subd. 5. Supervised practice requirements. A licensee who is issued a provisional
46.14license must document supervised practice as provided in section 148D.062. If a licensee
46.15issued a provisional license is granted a license under section 148D.055, the licensee
46.16must also meet the supervised practice requirements in sections 148D.100 to 148D.115.
46.17The supervised practice completed under a provisional license does not apply to this
46.18requirement.
46.19    Subd. 6. Evaluation by supervisor. (a) After being issued a provisional license
46.20under subdivision 1, the licensee must submit an evaluation by the licensee's supervisor
46.21every six months during the first 2,000 hours of social work practice. The evaluation must
46.22meet the requirements in section 148D.063. The supervisor must meet the eligibility
46.23requirements specified in section 148D.062.
46.24    (b) After completion of 2,000 hours of supervised social work practice, the licensee's
46.25supervisor must submit a final evaluation and attest to the applicant's ability to engage in
46.26the practice of social work safely and competently.
46.27    Subd. 7. Completion of requirements. Upon completion of the requirements for
46.28a provisional license under subdivisions 1 to 6, an applicant shall not practice social
46.29work in Minnesota except as provided in section 148D.065, unless licensed according to
46.30section 148D.055.
46.31    Subd. 8. Disciplinary or other action. The board may take action according to
46.32sections 148D.260 to 148D.270 if:
46.33    (1) the licensee's supervisor does not submit an evaluation as required by section
46.34148D.062;
46.35    (2) an evaluation submitted according to section 148D.062 indicates that the licensee
46.36cannot practice social work competently and safely; or
47.1    (3) the licensee does not comply with the requirements of subdivisions 1 to 7.
47.2    Subd. 9. Revocation of provisional license. The board may immediately revoke
47.3the provisional license of a licensee who violates any requirements of this section. The
47.4revocation must be made for cause. A licensee whose provisional license is revoked must
47.5immediately return the provisional license to the board.

47.6    Sec. 60. [148D.062] PROVISIONAL LICENSE; SUPERVISED PRACTICE.
47.7    Subdivision 1. Supervision required after licensure. After receiving a provisional
47.8license from the board, the licensee must obtain at least 37.5 hours of supervision
47.9according to the requirements of this section.
47.10    Subd. 2. Practice requirements. The supervision required by subdivision 1 must
47.11be obtained during the first 2,000 hours of social work practice after the effective date
47.12of the provisional license. At least three hours of supervision must be obtained during
47.13every 160 hours of practice.
47.14    Subd. 3. Types of supervision. (a) Twenty-five hours of supervision required by
47.15subdivision 1 must consist of one-on-one in-person supervision.
47.16    (b) Twelve and one-half hours of supervision must consist of one or more of the
47.17following types of supervision:
47.18    (1) in-person one-on-one supervision; or
47.19    (2) in-person group supervision.
47.20    (c) To qualify as in-person group supervision, the group must not exceed seven
47.21members including the supervisor.
47.22    Subd. 4. Supervisor requirements. (a) The supervision required by subdivision
47.231 must be provided by a supervisor who meets the requirements in section 148D.120
47.24and has either:
47.25    (1) 5,000 hours experience engaged in authorized social work practice; or
47.26    (2) completed 30 hours of training in supervision, which may be satisfied by
47.27completing academic coursework in supervision or continuing education courses in
47.28supervision as defined in section 148D.010, subdivision 16.
47.29    (b) Supervision must be provided:
47.30    (1) if the supervisee is not engaged in clinical practice and the supervisee has a
47.31provisional license to practice as a licensed social worker, by a licenced social worker
47.32who has completed the supervised practice requirements;
47.33    (2) if the supervisee is not engaged in clinical practice and the supervisee has a
47.34provisional license to practice as a licensed graduate social worker, licensed independent
47.35social worker, or licensed independent clinical social worker, by:
48.1    (i) a licensed graduate social worker who has completed the supervised practice
48.2requirements;
48.3    (ii) a licensed independent social worker; or
48.4    (iii) a licensed independent clinical social worker;
48.5    (3) if the supervisee is engaged in clinical practice and the supervisee has a
48.6provisional license to practice as a licensed graduate social worker, licensed independent
48.7social worker, or licensed independent clinical social worker, by a licensed independent
48.8clinical social worker; or
48.9    (4) by a supervisor who meets the requirements in section 148D.120, subdivision 2.
48.10    Subd. 5. Expiration. This section expires August 1, 2011.

48.11    Sec. 61. [148D.063] PROVISIONAL LICENSE; DOCUMENTATION OF
48.12SUPERVISION.
48.13    Subdivision 1. Supervision plan. (a) An applicant granted a provisional license
48.14must submit, on a form provided by the board, a supervision plan for meeting the
48.15supervision requirements in section 148D.062.
48.16    (b) The supervision plan must be submitted no later than 30 days after the licensee
48.17begins a social work practice position.
48.18    (c) The board may revoke a licensee's provisional license for failure to submit the
48.19supervision plan within 30 days after beginning a social work practice position.
48.20    (d) The supervision plan must include the following:
48.21    (1) the name of the supervisee, the name of the agency in which the supervisee is
48.22being supervised, and the supervisee's position title;
48.23    (2) the name and qualifications of the person providing the supervision;
48.24    (3) the number of hours of one-on-one in-person supervision and the number and
48.25type of additional hours of supervision to be completed by the supervisee;
48.26    (4) the supervisee's position description;
48.27    (5) a brief description of the supervision the supervisee will receive in the following
48.28content areas:
48.29    (i) clinical practice, if applicable;
48.30    (ii) development of professional social work knowledge, skills, and values;
48.31    (iii) practice methods;
48.32    (iv) authorized scope of practice;
48.33    (v) ensuring continuing competence; and
48.34    (vi) ethical standards of practice; and
49.1    (6) if applicable, a detailed description of the supervisee's clinical social work
49.2practice, addressing:
49.3    (i) the client population, the range of presenting issues, and the diagnoses;
49.4    (ii) the clinical modalities that were utilized; and
49.5    (iii) the process utilized for determining clinical diagnoses, including the diagnostic
49.6instruments used and the role of the supervisee in the diagnostic process.
49.7    (e) The board must receive a revised supervision plan within 30 days of any of the
49.8following changes:
49.9    (1) the supervisee has a new supervisor;
49.10    (2) the supervisee begins a new social work position;
49.11    (3) the scope or content of the supervisee's social work practice changes substantially;
49.12    (4) the number of practice or supervision hours changes substantially; or
49.13    (5) the type of supervision changes as supervision is described in section 148D.062.
49.14    (f) The board may revoke a licensee's provisional license for failure to submit a
49.15revised supervision plan as required in paragraph (e).
49.16    (g) The board must approve the supervisor and the supervision plan.
49.17    Subd. 2. Evaluation. (a) When a supervisee submits an evaluation to the board
49.18according to section 148D.061, subdivision 6, the supervisee and supervisor must provide
49.19the following information on a form provided by the board:
49.20    (1) the name of the supervisee, the name of the agency in which the supervisee is
49.21being supervised, and the supervisee's position title;
49.22    (2) the name and qualifications of the supervisor;
49.23    (3) the number of hours and dates of each type of supervision completed;
49.24    (4) the supervisee's position description;
49.25    (5) a declaration that the supervisee has not engaged in conduct in violation of the
49.26standards of practice in sections 148D.195 to 148D.240;
49.27    (6) a declaration that the supervisee has practiced competently and ethically
49.28according to professional social work knowledge, skills, and values; and
49.29    (7) on a form provided by the board, an evaluation of the licensee's practice in
49.30the following areas:
49.31    (i) development of professional social work knowledge, skills, and values;
49.32    (ii) practice methods;
49.33    (iii) authorized scope of practice;
49.34    (iv) ensuring continuing competence;
49.35    (v) ethical standards of practice; and
49.36    (vi) clinical practice, if applicable.
50.1    (b) The information provided on the evaluation form must demonstrate that the
50.2supervisee has met or has made progress on meeting the applicable supervised practice
50.3requirements.
50.4    Subd. 3. Alternative verification of supervised practice. Notwithstanding the
50.5requirements of subdivision 2, the board may accept alternative verification of supervised
50.6practice if a supervisee demonstrates that the supervisee is unable to locate a former
50.7supervisor to provide the required information.

50.8    Sec. 62. Minnesota Statutes 2006, section 148D.120, subdivision 2, is amended to read:
50.9    Subd. 2. Alternate supervisors. (a) The board may approve an alternate supervisor
50.10if:
50.11    (1) the board determines that supervision is not obtainable pursuant to paragraph (b);
50.12    (2) the licensee requests in the supervision plan submitted pursuant to section
50.13148D.062, subdivision 1, or 148D.125, subdivision 1, that an alternate supervisor conduct
50.14the supervision;
50.15    (3) the licensee describes the proposed supervision and the name and qualifications
50.16of the proposed alternate supervisor; and
50.17    (4) the requirements of paragraph (d) are met.
50.18    (b) The board may determine that supervision is not obtainable if:
50.19    (1) the licensee provides documentation as an attachment to the supervision plan
50.20submitted pursuant to section 148D.062, subdivision 1, or 148D.125, subdivision 1, that
50.21the licensee has conducted a thorough search for a supervisor meeting the applicable
50.22licensure requirements specified in sections 148D.100 to 148D.115;
50.23    (2) the licensee demonstrates to the board's satisfaction that the search was
50.24unsuccessful; and
50.25    (3) the licensee describes the extent of the search and the names and locations of
50.26the persons and organizations contacted.
50.27    (c) The following are not grounds for a determination that supervision is
50.28unobtainable:
50.29    (1) obtaining a supervisor who meets the requirements of subdivision 1 would
50.30present the licensee with a financial hardship;
50.31    (2) the licensee is unable to obtain a supervisor who meets the requirements of
50.32subdivision 1 within the licensee's agency or organization and the agency or organization
50.33will not allow outside supervision; or
50.34    (3) the specialized nature of the licensee's practice requires supervision from a
50.35practitioner other than an individual licensed as a social worker.
51.1    (d) An alternate supervisor must:
51.2    (1) be an unlicensed social worker who is employed in, and provides the supervision
51.3in, a setting exempt from licensure by section 148D.065, and who has qualifications
51.4equivalent to the applicable requirements specified in sections 148D.100 to 148D.115; or
51.5    (2) be a licensed marriage and family therapist or a mental health professional
51.6as established by section 245.462, subdivision 18, or 245.4871, subdivision 27, or an
51.7equivalent mental health professional, as determined by the board, who is licensed or
51.8credentialed by a state, territorial, provincial, or foreign licensing agency.
51.9    In order to qualify to provide clinical supervision of a licensed graduate social
51.10worker or licensed independent social worker engaged in clinical practice, the alternate
51.11supervisor must be a mental health professional as established by section 245.462,
51.12subdivision 18 , or 245.4871, subdivision 27, or an equivalent mental health professional,
51.13as determined by the board, who is licensed or credentialed by a state, territorial,
51.14provincial, or foreign licensing agency.

51.15    Sec. 63. Minnesota Statutes 2006, section 148D.125, subdivision 1, is amended to read:
51.16    Subdivision 1. Supervision plan. (a) A social worker must submit, on a form
51.17provided by the board, a supervision plan for meeting the supervision requirements
51.18specified in sections 148D.100 to 148D.120.
51.19    (b) The supervision plan must be submitted no later than 90 days after the licensee
51.20begins a social work practice position after becoming licensed.
51.21    (c) For failure to submit the supervision plan within 90 days after beginning a social
51.22work practice position, a licensee must pay the supervision plan late fee specified in
51.23section 148D.180 when the licensee applies for license renewal.
51.24    (d) A license renewal application submitted pursuant to paragraph (a) section
51.25148D.070, subdivision 3, must not be approved unless the board has received a supervision
51.26plan.
51.27    (e) The supervision plan must include the following:
51.28    (1) the name of the supervisee, the name of the agency in which the supervisee is
51.29being supervised, and the supervisee's position title;
51.30    (2) the name and qualifications of the person providing the supervision;
51.31    (3) the number of hours of one-on-one in-person supervision and the number and
51.32type of additional hours of supervision to be completed by the supervisee;
51.33    (4) the supervisee's position description;
51.34    (5) a brief description of the supervision the supervisee will receive in the following
51.35content areas:
52.1    (i) clinical practice, if applicable;
52.2    (ii) development of professional social work knowledge, skills, and values;
52.3    (iii) practice methods;
52.4    (iv) authorized scope of practice;
52.5    (v) ensuring continuing competence; and
52.6    (vi) ethical standards of practice; and
52.7    (6) if applicable, a detailed description of the supervisee's clinical social work
52.8practice, addressing:
52.9    (i) the client population, the range of presenting issues, and the diagnoses;
52.10    (ii) the clinical modalities that were utilized; and
52.11    (iii) the process utilized for determining clinical diagnoses, including the diagnostic
52.12instruments used and the role of the supervisee in the diagnostic process. An applicant for
52.13licensure as a licensed professional clinical counselor must present evidence of completion
52.14of a degree equivalent to that required in section 148B.5301, subdivision 1, clause (3).
52.15    (f) The board must receive a revised supervision plan within 90 days of any of the
52.16following changes:
52.17    (1) the supervisee has a new supervisor;
52.18    (2) the supervisee begins a new social work position;
52.19    (3) the scope or content of the supervisee's social work practice changes substantially;
52.20    (4) the number of practice or supervision hours changes substantially; or
52.21    (5) the type of supervision changes as supervision is described in section 148D.100,
52.22subdivision 3 , or 148D.105, subdivision 3, or as required in section 148D.115, subdivision
52.234 .
52.24    (g) For failure to submit a revised supervision plan as required in paragraph (f), a
52.25supervisee must pay the supervision plan late fee specified in section 148D.180, when
52.26the supervisee applies for license renewal.
52.27    (h) The board must approve the supervisor and the supervision plan.

52.28    Sec. 64. [148E.001] CITATION.
52.29    This chapter may be cited as the "Minnesota Board of Social Work Practice Act."

52.30    Sec. 65. [148E.010] DEFINITIONS.
52.31    Subdivision 1. Scope. For the purpose of this chapter, the terms in this section
52.32have the meanings given.
53.1    Subd. 2. Applicant. "Applicant" means a person who submits an application to
53.2the board for a new license, a license renewal, a change in license, an inactive license,
53.3reactivation of a license, or a voluntary termination.
53.4    Subd. 3. Application. "Application" means an application to the board for a new
53.5license, a license renewal, a change in license, an inactive license, reactivation of a
53.6license, or voluntary termination.
53.7    Subd. 4. Board. "Board" means the Board of Social Work created under section
53.8148E.025.
53.9    Subd. 5. Client. "Client" means an individual, couple, family, group, community, or
53.10organization that receives or has received social work services as described in subdivision
53.1111.
53.12    Subd. 6. Clinical practice. "Clinical practice" means applying professional
53.13social work knowledge, skills, and values in the differential diagnosis and treatment of
53.14psychosocial function, disability, or impairment, including addictions and emotional,
53.15mental, and behavioral disorders. Treatment includes a plan based on a differential
53.16diagnosis. Treatment may include, but is not limited to, the provision of psychotherapy to
53.17individuals, couples, families, and groups across the life span. Clinical social workers
53.18may also provide the services described in subdivision 11.
53.19    Subd. 7. Clinical supervision. "Clinical supervision" means supervision as defined
53.20in subdivision 18 of a social worker engaged in clinical practice as defined in subdivision 6.
53.21    Subd. 8. Graduate degree. "Graduate degree" means a master's degree in social
53.22work from a program accredited by the Council on Social Work Education, the Canadian
53.23Association of Schools of Social Work, or a similar accreditation body designated by the
53.24board; or a doctorate in social work from an accredited university.
53.25    Subd. 9. Intern. "Intern" means a student in field placement working under the
53.26supervision or direction of a social worker.
53.27    Subd. 10. Person-in-environment perspective. "Person-in-environment
53.28perspective" means viewing human behavior, development, and function in the context
53.29of one or more of the following: the environment, social functioning, mental health,
53.30and physical health.
53.31    Subd. 11. Practice of social work. "Practice of social work" means working
53.32to maintain, restore, or improve behavioral, cognitive, emotional, mental, or social
53.33functioning of clients, in a manner that applies accepted professional social work
53.34knowledge, skills, and values, including the person-in-environment perspective, by
53.35providing in person or through telephone, video conferencing, or electronic means one or
53.36more of the social work services described in clauses (1) to (3). Social work services may
54.1address conditions that impair or limit behavioral, cognitive, emotional, mental, or social
54.2functioning. Such conditions include, but are not limited to, the following: abuse and
54.3neglect of children or vulnerable adults, addictions, developmental disorders, disabilities,
54.4discrimination, illness, injuries, poverty, and trauma. Social work services include:
54.5    (1) providing assessment and intervention through direct contact with clients,
54.6developing a plan based on information from an assessment, and providing services which
54.7include, but are not limited to, assessment, case management, client-centered advocacy,
54.8client education, consultation, counseling, crisis intervention, and referral;
54.9    (2) providing for the direct or indirect benefit of clients through administrative,
54.10educational, policy, or research services including, but not limited to:
54.11    (i) advocating for policies, programs, or services to improve the well-being of clients;
54.12    (ii) conducting research related to social work services;
54.13    (iii) developing and administering programs which provide social work services;
54.14    (iv) engaging in community organization to address social problems through
54.15planned collective action;
54.16    (v) supervising individuals who provide social work services to clients;
54.17    (vi) supervising social workers in order to comply with the supervised practice
54.18requirements specified in sections 148E.100 to 148E.125; and
54.19    (vii) teaching professional social work knowledge, skills, and values to students; and
54.20    (3) engaging in clinical practice.
54.21    Subd. 12. Professional name. "Professional name" means the name a licensed
54.22social worker uses in making representations of the social worker's professional status
54.23to the public and which has been designated to the board in writing according to section
54.24148E.090.
54.25    Subd. 13. Professional social work knowledge, skills, and values. "Professional
54.26social work knowledge, skills, and values" means the knowledge, skills, and values
54.27taught in programs accredited by the Council on Social Work Education, the Canadian
54.28Association of Schools of Social Work, or a similar accreditation body designated by
54.29the board; or a doctorate in social work from an accredited university. Professional
54.30social work knowledge, skills, and values include, but are not limited to, principles of
54.31person-in-environment and the values, principles, and standards described in the Code
54.32of Ethics of the National Association of Social Workers.
54.33    Subd. 14. Sexual conduct. "Sexual conduct" means any physical contact or
54.34conduct that may be reasonably interpreted as sexual, or any oral, written, electronic, or
54.35other communication that suggests engaging in physical contact or conduct that may be
54.36reasonably interpreted as sexual.
55.1    Subd. 15. Social worker. "Social worker" means an individual who:
55.2    (1) is licensed as a social worker; or
55.3    (2) has obtained a social work degree from a program accredited by the Council on
55.4Social Work Education, the Canadian Association of Schools of Social Work, or a similar
55.5accreditation body designated by the board and engages in the practice of social work.
55.6    Subd. 16. Student. "Student" means an individual who is taught professional
55.7social work knowledge, skills, and values in a program that has been accredited by the
55.8Council on Social Work Education, the Canadian Association of Schools of Social Work,
55.9or a similar accreditation body designated by the board.
55.10    Subd. 17. Supervisee. "Supervisee" means an individual provided evaluation and
55.11supervision or direction by a social worker.
55.12    Subd. 18. Supervision. "Supervision" means a professional relationship between a
55.13supervisor and a social worker in which the supervisor provides evaluation and direction
55.14of the services provided by the social worker to promote competent and ethical services
55.15to clients through the continuing development of the social worker's knowledge and
55.16application of accepted professional social work knowledge, skills, and values.

55.17    Sec. 66. [148E.015] SCOPE.
55.18    This chapter applies to all applicants and licensees, all persons who use the title social
55.19worker, and all persons in or out of this state who provide social work services to clients
55.20who reside in this state unless there are specific applicable exemptions provided by law.

55.21    Sec. 67. [148E.020] CHAPTER 214.
55.22    Chapter 214 applies to the Board of Social Work unless superseded by this chapter.

55.23    Sec. 68. [148E.025] BOARD OF SOCIAL WORK.
55.24    Subdivision 1. Creation. The Board of Social Work consists of 15 members
55.25appointed by the governor. The members are:
55.26    (1) ten social workers licensed according to section 148E.055; and
55.27    (2) five public members as defined in section 214.02.
55.28    Subd. 2. Qualifications of board members. (a) All social worker members must
55.29have engaged in the practice of social work in Minnesota for at least one year during
55.30the ten years preceding their appointments.
55.31    (b) Five social worker members must be licensed social workers. The other five
55.32members must be a licensed graduate social worker, a licensed independent social worker,
55.33or a licensed independent clinical social worker.
56.1    (c) Eight social worker members must be engaged at the time of their appointment in
56.2the practice of social work in Minnesota in the following settings:
56.3    (1) one member must be engaged in the practice of social work in a county agency;
56.4    (2) one member must be engaged in the practice of social work in a state agency;
56.5    (3) one member must be engaged in the practice of social work in an elementary,
56.6middle, or secondary school;
56.7    (4) one member must be employed in a hospital or nursing home licensed under
56.8chapter 144 or 144A;
56.9    (5) two members must be engaged in the practice of social work in a private agency;
56.10    (6) one member must be engaged in the practice of social work in a clinical social
56.11work setting; and
56.12    (7) one member must be an educator engaged in regular teaching duties at a
56.13program of social work accredited by the Council on Social Work Education or a similar
56.14accreditation body designated by the board.
56.15    (d) At the time of their appointments, at least six members must reside outside of the
56.16seven-county metropolitan area.
56.17    (e) At the time of their appointments, at least five members must be persons with
56.18expertise in communities of color.
56.19    Subd. 3. Officers. The board must annually elect from its membership a chair,
56.20vice-chair, and secretary-treasurer.
56.21    Subd. 4. Bylaws. The board must adopt bylaws to govern its proceedings.
56.22    Subd. 5. Executive director. The board must appoint and employ an executive
56.23director who is not a member of the board. The employment of the executive director shall
56.24be subject to the terms described in section 214.04, subdivision 2a.

56.25    Sec. 69. [148E.030] DUTIES OF THE BOARD.
56.26    Subdivision 1. Duties. The board must perform the duties necessary to promote
56.27and protect the public health, safety, and welfare through the licensure and regulation of
56.28persons who practice social work in this state. These duties include, but are not limited to:
56.29    (1) establishing the qualifications and procedures for individuals to be licensed
56.30as social workers;
56.31    (2) establishing standards of practice for social workers;
56.32    (3) holding examinations or contracting with the Association of Social Work Boards
56.33or a similar examination body designated by the board to hold examinations to assess
56.34applicants' qualifications;
57.1    (4) issuing licenses to qualified individuals according to sections 148E.055 and
57.2148E.060;
57.3    (5) taking disciplinary, adversarial, corrective, or other action according to sections
57.4148E.255 to 148E.270 when an individual violates the requirements of this chapter;
57.5    (6) assessing fees according to sections 148E.175 and 148E.180; and
57.6    (7) educating social workers and the public on the requirements of the board.
57.7    Subd. 2. Rules. The board may adopt and enforce rules to carry out the duties
57.8specified in subdivision 1.

57.9    Sec. 70. [148E.035] VARIANCES.
57.10    If the effect of a requirement according to this chapter is unreasonable, impossible to
57.11execute, absurd, or would impose an extreme hardship on a licensee, the board may grant
57.12a variance if the variance is consistent with promoting and protecting the public health,
57.13safety, and welfare. A variance must not be granted for core licensing standards such as
57.14substantive educational and examination requirements.

57.15    Sec. 71. [148E.040] IMMUNITY.
57.16    Board members, board employees, and persons engaged on behalf of the board are
57.17immune from civil liability for any actions, transactions, or publications in the lawful
57.18execution of or relating to their duties under this chapter.

57.19    Sec. 72. [148E.045] CONTESTED CASE HEARING.
57.20    An applicant or a licensee who is the subject of a disciplinary or adversarial action
57.21by the board according to this chapter may request a contested case hearing under sections
57.2214.57 to 14.62. An applicant or a licensee who desires to request a contested case hearing
57.23must submit a written request to the board within 90 days after the date on which the board
57.24mailed the notification of the adverse action, except as otherwise provided in this chapter.

57.25    Sec. 73. [148E.050] LICENSING; SCOPE OF PRACTICE.
57.26    Subdivision 1. Requirements. The practice of social work must comply with the
57.27requirements of subdivision 2, 3, 4, or 5.
57.28    Subd. 2. Licensed social worker. A licensed social worker may engage in social
57.29work practice except that a licensed social worker must not engage in clinical practice.
57.30    Subd. 3. Licensed graduate social worker. A licensed graduate social worker may
57.31engage in social work practice except that a licensed graduate social worker must not
58.1engage in clinical practice except under the supervision of a licensed independent clinical
58.2social worker or an alternate supervisor according to section 148E.120.
58.3    Subd. 4. Licensed independent social worker. A licensed independent social
58.4worker may engage in social work practice except that a licensed independent social
58.5worker must not engage in clinical practice except under the supervision of a licensed
58.6independent clinical social worker or an alternate supervisor according to section
58.7148E.120.
58.8    Subd. 5. Licensed independent clinical social worker. A licensed independent
58.9clinical social worker may engage in social work practice, including clinical practice.

58.10    Sec. 74. [148E.055] LICENSE REQUIREMENTS.
58.11    Subdivision 1. License required. (a) In order to practice social work, an individual
58.12must have a social work license under this section or section 148E.060, except when the
58.13individual is exempt from licensure according to section 148E.065.
58.14    (b) Individuals who teach professional social work knowledge, skills, and values to
58.15students and who have a social work degree from a program accredited by the Council
58.16on Social Work Education, the Canadian Association of Schools of Social Work, or a
58.17similar accreditation body designated by the board must have a social work license under
58.18this section or section 148E.060, except when the individual is exempt from licensure
58.19according to section 148E.065.
58.20    Subd. 2. Qualifications for licensure by examination as a licensed social worker.
58.21    (a) To be licensed as a licensed social worker, an applicant for licensure by examination
58.22must provide evidence satisfactory to the board that the applicant:
58.23    (1) has received a baccalaureate degree in social work from a program accredited by
58.24the Council on Social Work Education, the Canadian Association of Schools of Social
58.25Work, or a similar accreditation body designated by the board, or a doctorate in social
58.26work from an accredited university;
58.27    (2) has passed the bachelors or equivalent examination administered by the
58.28Association of Social Work Boards or a similar examination body designated by the board.
58.29Unless an applicant applies for licensure by endorsement according to subdivision 7, an
58.30examination is not valid if it was taken and passed eight or more years prior to submitting
58.31a completed, signed application form provided by the board. The examination may be
58.32taken prior to completing degree requirements;
58.33    (3) has submitted a completed, signed application form provided by the board,
58.34including the applicable application fee specified in section 148E.180. For applications
59.1submitted electronically, a "signed application" means providing an attestation as specified
59.2by the board;
59.3    (4) has submitted the criminal background check fee and a form provided by the
59.4board authorizing a criminal background check according to subdivision 8;
59.5    (5) has paid the applicable license fee specified in section 148E.180; and
59.6    (6) has not engaged in conduct that was or would be in violation of the standards
59.7of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
59.8conduct that was or would be in violation of the standards of practice, the board may take
59.9action according to sections 148E.255 to 148E.270.
59.10    (b) An application that is not completed and signed, or that is not accompanied by the
59.11correct fee, must be returned to the applicant, along with any fee submitted, and is void.
59.12    (c) A licensee granted a license by the board according to paragraph (a) must meet
59.13the supervised practice requirements specified in sections 148E.100 to 148E.125. If a
59.14licensee does not meet the supervised practice requirements, the board may take action
59.15according to sections 148E.255 to 148E.270.
59.16    (d) By submitting an application for licensure, an applicant authorizes the board to
59.17investigate any information provided or requested in the application. The board may
59.18request that the applicant provide additional information, verification, or documentation.
59.19    (e) Within one year of the time the board receives an application for licensure, the
59.20applicant must meet all the requirements specified in paragraph (a) and must provide all of
59.21the information requested by the board according to paragraph (d). If within one year the
59.22applicant does not meet all the requirements, or does not provide all of the information
59.23requested, the applicant is considered ineligible and the application for licensure must
59.24be closed.
59.25    (f) Except as provided in paragraph (g), an applicant may not take more than three
59.26times the bachelors or equivalent examination administered by the Association of Social
59.27Work Boards, or a similar examination body designated by the board. An applicant must
59.28receive a passing score on the bachelors or equivalent examination administered by the
59.29Association of Social Work Boards or a similar examination body designated by the board
59.30in no more than 18 months after the date the applicant first failed the examination.
59.31    (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a
59.32fourth or subsequent time, the bachelors or equivalent examination administered by the
59.33Association of Social Work Boards or a similar examination body designated by the
59.34board if the applicant:
60.1    (1) meets all requirements specified in paragraphs (a) to (e) other than passing the
60.2bachelors or equivalent examination administered by the Association of Social Work
60.3Boards or a similar examination body designated by the board;
60.4    (2) provides to the board a description of the efforts the applicant has made to
60.5improve the applicant's score and demonstrates to the board's satisfaction that the efforts
60.6are likely to improve the score; and
60.7    (3) provides to the board letters of recommendation from two licensed social
60.8workers attesting to the applicant's ability to practice social work competently and
60.9ethically according to professional social work knowledge, skills, and values.
60.10    (h) An individual must not practice social work until the individual passes the
60.11examination and receives a social work license under this section or section 148E.060. If
60.12the board has reason to believe that an applicant may be practicing social work without a
60.13license, and the applicant has failed the bachelors or equivalent examination administered
60.14by the Association of Social Work Boards or a similar examination body designated by
60.15the board, the board may notify the applicant's employer that the applicant is not licensed
60.16as a social worker.
60.17    Subd. 3. Qualifications for licensure by examination as licensed graduate social
60.18worker. (a) To be licensed as a licensed graduate social worker, an applicant for licensure
60.19by examination must provide evidence satisfactory to the board that the applicant:
60.20    (1) has received a graduate degree in social work from a program accredited by
60.21the Council on Social Work Education, the Canadian Association of Schools of Social
60.22Work, or a similar accreditation body designated by the board, or a doctorate in social
60.23work from an accredited university;
60.24    (2) has passed the masters or equivalent examination administered by the Association
60.25of Social Work Boards or a similar examination body designated by the board. Unless an
60.26applicant applies for licensure by endorsement according to section 148E.055, subdivision
60.277 , an examination is not valid if it was taken and passed eight or more years prior to
60.28submitting a completed, signed application form provided by the board. The examination
60.29may be taken prior to completing degree requirements;
60.30    (3) has submitted a completed, signed application form provided by the board,
60.31including the applicable application fee specified in section 148E.180. For applications
60.32submitted electronically, a "signed application" means providing an attestation as specified
60.33by the board;
60.34    (4) has submitted the criminal background check fee and a form provided by the
60.35board authorizing a criminal background check according to subdivision 8;
60.36    (5) has paid the applicable license fee specified in section 148E.180; and
61.1    (6) has not engaged in conduct that was or would be in violation of the standards
61.2of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
61.3conduct that was or would be in violation of the standards of practice, the board may take
61.4action according to sections 148E.255 to 148E.270.
61.5    (b) An application which is not completed and signed, or which is not accompanied
61.6by the correct fee, must be returned to the applicant, along with any fee submitted, and is
61.7void.
61.8    (c) A licensee granted a license by the board according to paragraph (a) must meet
61.9the supervised practice requirements specified in sections 148E.100 to 148E.125. If a
61.10licensee does not meet the supervised practice requirements, the board may take action
61.11according to sections 148E.255 to 148E.270.
61.12    (d) By submitting an application for licensure, an applicant authorizes the board to
61.13investigate any information provided or requested in the application. The board may
61.14request that the applicant provide additional information, verification, or documentation.
61.15    (e) Within one year of the time the board receives an application for licensure, the
61.16applicant must meet all the requirements specified in paragraph (a) and must provide all of
61.17the information requested by the board according to paragraph (d). If within one year the
61.18applicant does not meet all the requirements, or does not provide all of the information
61.19requested, the applicant is considered ineligible and the application for licensure must
61.20be closed.
61.21    (f) Except as provided in paragraph (g), an applicant may not take more than three
61.22times the masters or equivalent examination administered by the Association of Social
61.23Work Boards or a similar examination body designated by the board. An applicant must
61.24receive a passing score on the masters or equivalent examination administered by the
61.25Association of Social Work Boards or a similar examination body designated by the board
61.26in no more than 18 months after the date the applicant first failed the examination.
61.27    (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a
61.28fourth or subsequent time, the masters or equivalent examination administered by the
61.29Association of Social Work Boards or a similar examination body designated by the
61.30board if the applicant:
61.31    (1) meets all requirements specified in paragraphs (a) to (e) other than passing the
61.32masters or equivalent examination administered by the Association of Social Work Boards
61.33or a similar examination body designated by the board;
61.34    (2) provides to the board a description of the efforts the applicant has made to
61.35improve the applicant's score and demonstrates to the board's satisfaction that the efforts
61.36are likely to improve the score; and
62.1    (3) provides to the board letters of recommendation from two licensed social
62.2workers attesting to the applicant's ability to practice social work competently and
62.3ethically according to professional social work knowledge, skills, and values.
62.4    (h) An individual must not practice social work until the individual passes the
62.5examination and receives a social work license under this section or section 148E.060. If
62.6the board has reason to believe that an applicant may be practicing social work without a
62.7license, and the applicant has failed the masters or equivalent examination administered
62.8by the Association of Social Work Boards or a similar examination body designated by
62.9the board, the board may notify the applicant's employer that the applicant is not licensed
62.10as a social worker.
62.11    Subd. 4. Licensure by examination; licensed independent social worker. (a)
62.12To be licensed as a licensed independent social worker, an applicant for licensure by
62.13examination must provide evidence satisfactory to the board that the applicant:
62.14    (1) has received a graduate degree in social work from a program accredited by
62.15the Council on Social Work Education, the Canadian Association of Schools of Social
62.16Work, or a similar accreditation body designated by the board, or a doctorate in social
62.17work from an accredited university;
62.18    (2) has practiced social work as defined in section 148E.010, and has met the
62.19supervised practice requirements specified in sections 148E.100 to 148E.125;
62.20    (3) has passed the advanced generalist or equivalent examination administered by
62.21the Association of Social Work Boards or a similar examination body designated by the
62.22board. Unless an applicant applies for licensure by endorsement according to subdivision
62.237, an examination is not valid if it was taken and passed eight or more years prior to
62.24submitting a completed, signed application form provided by the board;
62.25    (4) has submitted a completed, signed application form provided by the board,
62.26including the applicable application fee specified in section 148E.180. For applications
62.27submitted electronically, a "signed application" means providing an attestation as specified
62.28by the board;
62.29    (5) has submitted the criminal background check fee and a form provided by the
62.30board authorizing a criminal background check according to subdivision 8;
62.31    (6) has paid the applicable license fee specified in section 148E.180; and
62.32    (7) has not engaged in conduct that was or would be in violation of the standards
62.33of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
62.34conduct that was or would be in violation of the standards of practice, the board may take
62.35action according to sections 148E.255 to 148E.270.
63.1    (b) An application which is not completed and signed, or which is not accompanied
63.2by the correct fee, must be returned to the applicant, along with any fee submitted, and is
63.3void.
63.4    (c) A licensed independent social worker who practices clinical social work must
63.5meet the supervised practice requirements specified in sections 148E.100 to 148E.125. If
63.6a licensee does not meet the supervised practice requirements, the board may take action
63.7according to sections 148E.255 to 148E.270.
63.8    (d) By submitting an application for licensure, an applicant authorizes the board to
63.9investigate any information provided or requested in the application. The board may
63.10request that the applicant provide additional information, verification, or documentation.
63.11    (e) Within one year of the time the board receives an application for licensure, the
63.12applicant must meet all the requirements specified in paragraph (a) and must provide all of
63.13the information requested by the board according to paragraph (d). If within one year the
63.14applicant does not meet all the requirements, or does not provide all of the information
63.15requested, the applicant is considered ineligible and the application for licensure must
63.16be closed.
63.17    (f) Except as provided in paragraph (g), an applicant may not take more than
63.18three times the advanced generalist or equivalent examination administered by the
63.19Association of Social Work Boards or a similar examination body designated by the
63.20board. An applicant must receive a passing score on the masters or equivalent examination
63.21administered by the Association of Social Work Boards or a similar examination body
63.22designated by the board in no more than 18 months after the first time the applicant failed
63.23the examination.
63.24    (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a
63.25fourth or subsequent time, the advanced generalist or equivalent examination administered
63.26by the Association of Social Work Boards or a similar examination body designated by
63.27the board if the applicant:
63.28    (1) meets all requirements specified in paragraphs (a) to (e) other than passing the
63.29advanced generalist or equivalent examination administered by the Association of Social
63.30Work Boards or a similar examination body designated by the board;
63.31    (2) provides to the board a description of the efforts the applicant has made to
63.32improve the applicant's score and demonstrates to the board's satisfaction that the efforts
63.33are likely to improve the score; and
63.34    (3) provides to the board letters of recommendation from two licensed social
63.35workers attesting to the applicant's ability to practice social work competently and
63.36ethically according to professional social work knowledge, skills, and values.
64.1    (h) An individual must not practice social work until the individual passes the
64.2examination and receives a social work license under this section or section 148E.060. If
64.3the board has reason to believe that an applicant may be practicing social work without a
64.4license, except as provided in section 148E.065, and the applicant has failed the advanced
64.5generalist or equivalent examination administered by the Association of Social Work
64.6Boards or a similar examination body designated by the board, the board may notify the
64.7applicant's employer that the applicant is not licensed as a social worker.
64.8    Subd. 5. Licensure by examination; licensed independent clinical social worker.
64.9    (a) To be licensed as a licensed independent clinical social worker, an applicant for
64.10licensure by examination must provide evidence satisfactory to the board that the applicant:
64.11    (1) has received a graduate degree in social work from a program accredited by
64.12the Council on Social Work Education, the Canadian Association of Schools of Social
64.13Work, or a similar accreditation body designated by the board, or a doctorate in social
64.14work from an accredited university;
64.15    (2) has completed 360 clock hours (one semester credit hour = 15 clock hours) in
64.16the following clinical knowledge areas:
64.17    (i) 108 clock hours (30 percent) in differential diagnosis and biopsychosocial
64.18assessment including normative development and psychopathology across the life span;
64.19    (ii) 36 clock hours (ten percent) in assessment-based clinical treatment planning with
64.20measurable goals;
64.21    (iii) 108 clock hours (30 percent) in clinical intervention methods informed by
64.22research and current standards of practice;
64.23    (iv) 18 clock hours (five percent) in evaluation methodologies;
64.24    (v) 72 clock hours (20 percent) in social work values and ethics, including cultural
64.25context, diversity, and social policy; and
64.26    (vi) 18 clock hours (five percent) in culturally specific clinical assessment and
64.27intervention;
64.28    (3) has practiced clinical social work as defined in section 148E.010, including both
64.29diagnosis and treatment, and has met the supervised practice requirements specified in
64.30sections 148E.100 to 148E.125;
64.31    (4) has passed the clinical or equivalent examination administered by the Association
64.32of Social Work Boards or a similar examination body designated by the board. Unless an
64.33applicant applies for licensure by endorsement according to subdivision 7, an examination
64.34is not valid if it was taken and passed eight or more years prior to submitting a completed,
64.35signed application form provided by the board;
65.1    (5) has submitted a completed, signed application form provided by the board,
65.2including the applicable application fee specified in section 148E.180. For applications
65.3submitted electronically, a "signed application" means providing an attestation as specified
65.4by the board;
65.5    (6) has submitted the criminal background check fee and a form provided by the
65.6board authorizing a criminal background check according to subdivision 8;
65.7    (7) has paid the license fee specified in section 148E.180; and
65.8    (8) has not engaged in conduct that was or would be in violation of the standards
65.9of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
65.10conduct that was or would be in violation of the standards of practice, the board may take
65.11action according to sections 148E.255 to 148E.270.
65.12    (b) The requirement in paragraph (a), clause (2), may be satisfied through: (1)
65.13a graduate degree program accredited by the Council on Social Work Education, the
65.14Canadian Association of Schools of Social Work, or a similar accreditation body
65.15designated by the board; or a doctorate in social work from an accredited university; (2)
65.16postgraduate coursework; or (3) up to 90 continuing education hours. The continuing
65.17education must have a course description available for public review and must include
65.18a posttest. Compliance with this requirement must be documented on a form provided
65.19by the board. The board may conduct audits of the information submitted in order to
65.20determine compliance with the requirements of this section.
65.21    (c) An application which is not completed and signed, or which is not accompanied
65.22by the correct fee, must be returned to the applicant, along with any fee submitted, and is
65.23void.
65.24    (d) By submitting an application for licensure, an applicant authorizes the board to
65.25investigate any information provided or requested in the application. The board may
65.26request that the applicant provide additional information, verification, or documentation.
65.27    (e) Within one year of the time the board receives an application for licensure, the
65.28applicant must meet all the requirements specified in paragraph (a) and must provide all of
65.29the information requested by the board according to paragraph (d). If within one year the
65.30applicant does not meet all the requirements, or does not provide all of the information
65.31requested, the applicant is considered ineligible and the application for licensure must
65.32be closed.
65.33    (f) Except as provided in paragraph (g), an applicant may not take more than three
65.34times the clinical or equivalent examination administered by the Association of Social
65.35Work Boards or a similar examination body designated by the board. An applicant must
65.36receive a passing score on the clinical or equivalent examination administered by the
66.1Association of Social Work Boards or a similar examination body designated by the board
66.2no later than 18 months after the first time the applicant failed the examination.
66.3    (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a
66.4fourth or subsequent time, the clinical or equivalent examination administered by the
66.5Association of Social Work Boards or a similar examination body designated by the
66.6board if the applicant:
66.7    (1) meets all requirements specified in paragraphs (a) to (e) other than passing the
66.8clinical or equivalent examination administered by the Association of Social Work Boards
66.9or a similar examination body designated by the board;
66.10    (2) provides to the board a description of the efforts the applicant has made to
66.11improve the applicant's score and demonstrates to the board's satisfaction that the efforts
66.12are likely to improve the score; and
66.13    (3) provides to the board letters of recommendation from two licensed social
66.14workers attesting to the applicant's ability to practice social work competently and
66.15ethically according to professional social work knowledge, skills, and values.
66.16    (h) An individual must not practice social work until the individual passes the
66.17examination and receives a social work license under this section or section 148E.060. If
66.18the board has reason to believe that an applicant may be practicing social work without a
66.19license, and the applicant has failed the clinical or equivalent examination administered
66.20by the Association of Social Work Boards or a similar examination body designated by
66.21the board, the board may notify the applicant's employer that the applicant is not licensed
66.22as a social worker.
66.23    Subd. 6. Degrees from outside United States or Canada. If an applicant receives
66.24a degree from a program outside the United States or Canada that is not accredited by
66.25the Council on Social Work Education, the Canadian Association of Schools of Social
66.26Work, or a similar examination body designated by the board, the degree does not fulfill
66.27the requirements specified in subdivision 2, paragraph (a), clause (1); 3, paragraph (a),
66.28clause (1); 4, paragraph (a), clause (1); or 5, paragraph (a), clause (1), unless the Council
66.29on Social Work Education or a similar accreditation body designated by the board has
66.30determined through the council's international equivalency determination service that the
66.31degree earned is equivalent to the degree required.
66.32    Subd. 7. Licensure by endorsement. (a) An applicant for licensure by endorsement
66.33must hold a current license or credential to practice social work in another jurisdiction.
66.34    (b) An applicant for licensure by endorsement who meets the qualifications of
66.35paragraph (a) and who demonstrates to the satisfaction of the board that the applicant
66.36passed the examination administered by the Association of Social Work Boards or a
67.1similar examination body designated by the board for the applicable license in Minnesota
67.2is not required to retake the licensing examination.
67.3    (c) An application for licensure by endorsement must meet the applicable license
67.4requirements specified in subdivisions 1 to 6, except as provided in paragraph (d), and
67.5submit the licensure by endorsement application fee specified in section 148E.180.
67.6    (d) The following requirements apply:
67.7    (1) An applicant for licensure by endorsement who is applying for licensure as a
67.8licensed social worker must meet the requirements specified in subdivision 2.
67.9    (2) An applicant for licensure by endorsement who is applying for licensure as a
67.10licensed graduate social worker must meet the requirements specified in subdivision 3.
67.11    (3) An applicant for licensure by endorsement who is applying for licensure as
67.12a licensed independent social worker is not required to demonstrate that the applicant
67.13has obtained 100 hours of supervision as specified in section 148E.110, subdivision 1,
67.14provided that the applicant has engaged in authorized social work practice for a minimum
67.15of 4,000 hours in another jurisdiction.
67.16    (4) An applicant for licensure by endorsement as a licensed independent clinical
67.17social worker (i) is not required to meet the license requirements specified in subdivision
67.185, paragraph (a), clause (2), and (ii) is not required to demonstrate that the applicant
67.19has obtained 200 hours of supervision as specified in section 148E.115, subdivision 1,
67.20provided that the applicant has engaged in authorized clinical social work practice for a
67.21minimum of 4,000 hours in another jurisdiction.
67.22    Subd. 8. Criminal background checks. (a) Except as provided in paragraph (b), an
67.23initial license application must be accompanied by:
67.24    (1) a form provided by the board authorizing the board to complete a criminal
67.25background check; and
67.26    (2) the criminal background check fee specified by the Bureau of Criminal
67.27Apprehension.
67.28    Criminal background check fees collected by the board must be used to reimburse
67.29the Bureau of Criminal Apprehension for the criminal background checks.
67.30    (b) An applicant who has previously submitted a license application authorizing the
67.31board to complete a criminal background check is exempt from the requirement specified
67.32in paragraph (a).
67.33    (c) If a criminal background check indicates that an applicant has engaged in
67.34criminal behavior, the board may take action according to sections 148E.255 to 148E.270.
67.35    Subd. 9. Effective date. The effective date of an initial license is the day on which
67.36the board receives the applicable license fee from an applicant approved for licensure.
68.1    Subd. 10. Expiration date. The expiration date of an initial license is the last day
68.2of the licensee's birth month in the second calendar year following the effective date of
68.3the initial license.
68.4    Subd. 11. Change in license. (a) A licensee who changes from a licensed social
68.5worker to a licensed graduate social worker, or from a licensed graduate social worker to a
68.6licensed independent social worker, or from a licensed graduate social worker or licensed
68.7independent social worker to a licensed independent clinical social worker, must pay the
68.8prorated share of the fee for the new license.
68.9    (b) The effective date of the new license is the day on which the board receives the
68.10applicable license fee from an applicant approved for the new license.
68.11    (c) The expiration date of the new license is the same date as the expiration date of
68.12the license held by the licensee prior to the change in the license.

68.13    Sec. 75. [148E.060] TEMPORARY LICENSES.
68.14    Subdivision 1. Students and other persons not currently licensed in another
68.15jurisdiction. The board may issue a temporary license to practice social work to an
68.16applicant who is not licensed or credentialed to practice social work in any jurisdiction
68.17but has:
68.18    (1) applied for a license under section 148E.055;
68.19    (2) applied for a temporary license on a form provided by the board;
68.20    (3) submitted a form provided by the board authorizing the board to complete a
68.21criminal background check;
68.22    (4) passed the applicable licensure examination provided for in section 148E.055;
68.23    (5) attested on a form provided by the board that the applicant has completed the
68.24requirements for a baccalaureate or graduate degree in social work from a program
68.25accredited by the Council on Social Work Education, the Canadian Association of Schools
68.26of Social Work, or a similar accreditation body designated by the board, or a doctorate in
68.27social work from an accredited university; and
68.28    (6) not engaged in conduct that was or would be in violation of the standards of
68.29practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
68.30conduct that was or would be in violation of the standards of practice, the board may take
68.31action according to sections 148E.255 to 148E.270.
68.32    Subd. 2. Emergency situations and persons currently licensed in another
68.33jurisdiction. The board may issue a temporary license to practice social work to an
68.34applicant who is licensed or credentialed to practice social work in another jurisdiction,
68.35may or may not have applied for a license under section 148E.055, and has:
69.1    (1) applied for a temporary license on a form provided by the board;
69.2    (2) submitted a form provided by the board authorizing the board to complete a
69.3criminal background check;
69.4    (3) submitted evidence satisfactory to the board that the applicant is currently
69.5licensed or credentialed to practice social work in another jurisdiction;
69.6    (4) attested on a form provided by the board that the applicant has completed the
69.7requirements for a baccalaureate or graduate degree in social work from a program
69.8accredited by the Council on Social Work Education, the Canadian Association of Schools
69.9of Social Work, or a similar accreditation body designated by the board, or a doctorate in
69.10social work from an accredited university; and
69.11    (5) not engaged in conduct that was or would be in violation of the standards of
69.12practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
69.13conduct that was or would be in violation of the standards of practice, the board may take
69.14action according to sections 148E.255 to 148E.270.
69.15    Subd. 3. Teachers. The board may issue a temporary license to practice social work
69.16to an applicant whose permanent residence is outside the United States, who is teaching
69.17social work at an academic institution in Minnesota for a period not to exceed 12 months,
69.18who may or may not have applied for a license under section 148E.055, and who has:
69.19    (1) applied for a temporary license on a form provided by the board;
69.20    (2) submitted a form provided by the board authorizing the board to complete a
69.21criminal background check;
69.22    (3) attested on a form provided by the board that the applicant has completed the
69.23requirements for a baccalaureate or graduate degree in social work; and
69.24    (4) has not engaged in conduct that was or would be in violation of the standards
69.25of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
69.26conduct that was or would be in violation of the standards of practice, the board may take
69.27action according to sections 148E.255 to 148E.270.
69.28    Subd. 4. Temporary license application fee. An applicant for a temporary license
69.29must pay the application fee specified in section 148E.180 plus the required fee for
69.30the cost of the criminal background check. Only one fee for the cost of the criminal
69.31background check must be submitted when the applicant is applying for both a temporary
69.32license and a license under section 148E.055.
69.33    Subd. 5. Temporary license term. (a) A temporary license is valid until expiration,
69.34or until the board issues or denies the license according to section 148E.055, or until
69.35the board revokes the temporary license, whichever comes first. A temporary license is
69.36nonrenewable.
70.1    (b) A temporary license issued according to subdivision 1 or 2 expires after six
70.2months.
70.3    (c) A temporary license issued according to subdivision 3 expires after 12 months.
70.4    Subd. 6. Licensee with temporary license; baccalaureate degree. A licensee
70.5with a temporary license who has provided evidence to the board that the licensee has
70.6completed the requirements for a baccalaureate degree in social work from a program
70.7accredited by the Council on Social Work Education, the Canadian Association of Schools
70.8of Social Work, or a similar accreditation body designated by the board may temporarily
70.9engage in social work practice except that a licensee with a temporary license may not
70.10engage in clinical social work practice.
70.11    Subd. 7. Licensee with temporary license; graduate degree. A licensee with a
70.12temporary license who has provided evidence to the board that the licensee has completed
70.13the requirements for a graduate degree in social work from a program accredited by the
70.14Council on Social Work Education, the Canadian Association of Schools of Social Work,
70.15or a similar accreditation body designated by the board may temporarily engage in social
70.16work practice, including clinical practice.
70.17    Subd. 8. Supervision requirements. (a) Except as provided in paragraph (b), an
70.18applicant who is not currently licensed or credentialed to practice social work in another
70.19jurisdiction and who obtains a temporary license may practice social work only under
70.20the supervision of an individual licensed as a social worker who is eligible to provide
70.21supervision under sections 148E.100 to 148E.125. Before the applicant is approved
70.22for licensure, the applicant's supervisor must attest to the board's satisfaction that the
70.23applicant has practiced social work under supervision. This supervision applies toward
70.24the supervision required after licensure.
70.25    (b) If an applicant is currently licensed or credentialed to practice social work in
70.26another jurisdiction, and receives a temporary license according to subdivision 3, the
70.27requirements specified in paragraph (a) do not apply. However, if an applicant with a
70.28temporary license chooses to practice social work under supervision, the supervision
70.29applies to the requirements specified in sections 148E.100 to 148E.125.
70.30    Subd. 9. Prohibition on practice. An applicant for a temporary license must not
70.31practice social work in Minnesota, except as provided in section 148E.065, until the
70.32applicant has been granted a temporary license.
70.33    Subd. 10. Representation of professional status. In making representations of
70.34professional status to the public, a licensee with a temporary license must state that the
70.35licensee has a temporary license.
71.1    Subd. 11. Standards of practice. A licensee with a temporary license must conduct
71.2all professional activities as a social worker according to the requirements of sections
71.3148E.195 to 148E.240.
71.4    Subd. 12. Ineligibility. An applicant who is currently practicing social work in
71.5Minnesota in a setting that is not exempt under section 148E.065 at the time of application
71.6is ineligible for a temporary license.
71.7    Subd. 13. Revocation of temporary license. The board may immediately revoke
71.8the temporary license of any licensee who violates any requirements of this section. The
71.9revocation must be made for cause, without notice or opportunity to be heard. A licensee
71.10whose temporary license is revoked must immediately return the temporary license to
71.11the board.

71.12    Sec. 76. [148E.065] EXEMPTIONS.
71.13    Subdivision 1. Other professionals. Nothing in this chapter may be construed
71.14to prevent members of other professions or occupations from performing functions
71.15for which they are qualified or licensed. This exception includes but is not limited to:
71.16licensed physicians, registered nurses, licensed practical nurses, licensed psychologists,
71.17psychological practitioners, probation officers, members of the clergy and Christian
71.18Science practitioners, attorneys, marriage and family therapists, alcohol and drug
71.19counselors, professional counselors, school counselors, and registered occupational
71.20therapists or certified occupational therapist assistants. These persons must not, however,
71.21hold themselves out to the public by any title or description stating or implying that they
71.22are engaged in the practice of social work, or that they are licensed to engage in the
71.23practice of social work. Persons engaged in the practice of social work are not exempt
71.24from the board's jurisdiction solely by the use of one of the titles in this subdivision.
71.25    Subd. 2. Students. An internship, externship, or any other social work experience
71.26that is required for the completion of an accredited program of social work does not
71.27constitute the practice of social work under this chapter.
71.28    Subd. 3. Geographic waiver. A geographic waiver may be granted by the board on
71.29a case-by-case basis to agencies with special regional hiring problems. The waiver is for
71.30the purpose of permitting agencies to hire individuals who do not meet the qualifications
71.31of section 148E.055 or 148E.060 to practice social work.
71.32    Subd. 4. City, county, and state agency social workers. The licensure of city,
71.33county, and state agency social workers is voluntary. City, county, and state agencies
71.34employing social workers are not required to employ licensed social workers.
72.1    Subd. 5. Tribes and private nonprofit agencies; voluntary licensure. The
72.2licensure of social workers who are employed by federally recognized tribes, or by private
72.3nonprofit agencies whose primary service focus addresses ethnic minority populations,
72.4and who are themselves members of ethnic minority populations within those agencies, is
72.5voluntary.

72.6    Sec. 77. [148E.070] LICENSE RENEWALS.
72.7    Subdivision 1. License renewal term. (a) If a license is renewed, the license must
72.8be renewed for a two-year renewal term. The renewal term is the period from the effective
72.9date of an initial or renewed license to the expiration date of the license.
72.10    (b) The effective date of a renewed license is the day following the expiration date
72.11of the expired license.
72.12    (c) The expiration date of a renewed license is the last day of the licensee's birth
72.13month in the second calendar year following the effective date of the renewed license.
72.14    Subd. 2. Mailing license renewal notices. The board must mail a notice for license
72.15renewal to a licensee at least 45 days before the expiration date of the license. Mailing the
72.16notice by United States mail to the licensee's last known mailing address constitutes valid
72.17mailing. Failure to receive the renewal notice does not relieve a licensee of the obligation
72.18to renew a license and to pay the renewal fee.
72.19    Subd. 3. Submitting license renewal applications. (a) In order to renew a license,
72.20a licensee must submit:
72.21    (1) a completed, signed application for license renewal; and
72.22    (2) the applicable renewal fee specified in section 148E.180.
72.23The completed, signed application and renewal fee must be received by the board prior to
72.24midnight of the day of the license expiration date. For renewals submitted electronically, a
72.25"signed application" means providing an attestation as specified by the board.
72.26    (b) An application which is not completed and signed, or which is not accompanied
72.27by the correct fee, must be returned to the applicant, along with any fee submitted, and is
72.28void.
72.29    (c) The completed, signed application must include documentation that the licensee
72.30has met the continuing education requirements specified in sections 148E.130 to 148E.170
72.31and, if applicable, the supervised practice requirements specified in sections 148E.100 to
72.32148E.125.
72.33    (d) By submitting a renewal application, an applicant authorizes the board to:
73.1    (1) investigate any information provided or requested in the application. The
73.2board may request that the applicant provide additional information, verification, or
73.3documentation;
73.4    (2) conduct an audit to determine if the applicant has met the continuing education
73.5requirements specified in sections 148E.130 to 148E.170; and
73.6    (3) if applicable, conduct an audit to determine whether the applicant has met the
73.7supervision requirements specified in sections 148E.100 to 148E.125.
73.8    (e) If a licensee's application for license renewal meets the requirements specified in
73.9paragraph (a), the licensee may continue to practice after the license expiration date until
73.10the board approves or denies the application.
73.11    Subd. 4. Renewal late fee. An application that is received after the license
73.12expiration date must be accompanied by the renewal late fee specified in section 148E.180
73.13in addition to the applicable renewal fee. The application, renewal fee, and renewal late
73.14fee must be received by the board within 60 days of the license expiration date, or the
73.15license automatically expires.
73.16    Subd. 5. Expired license. (a) If an application does not meet the requirements
73.17specified in subdivisions 3 and 4, the license automatically expires. A licensee whose
73.18license has expired may reactivate a license by meeting the requirements in section
73.19148E.080 or be relicensed by meeting the requirements specified in section 148E.055.
73.20    (b) The board may take action according to sections 148E.255 to 148E.270 based on
73.21a licensee's conduct before the expiration of the license.
73.22    (c) An expired license may be reactivated within one year of the expiration date
73.23specified in section 148E.080. After one year of the expiration date, an individual may
73.24apply for a new license according to section 148E.055.

73.25    Sec. 78. [148E.075] INACTIVE LICENSES.
73.26    Subdivision 1. Inactive status. (a) A licensee qualifies for inactive status under
73.27either of the circumstances described in paragraph (b) or (c).
73.28    (b) A licensee qualifies for inactive status when the licensee is granted temporary
73.29leave from active practice. A licensee qualifies for temporary leave from active practice if
73.30the licensee demonstrates to the satisfaction of the board that the licensee is not engaged
73.31in the practice of social work in any setting, including settings in which social workers
73.32are exempt from licensure according to section 148E.065. A licensee who is granted
73.33temporary leave from active practice may reactivate the license according to section
73.34148E.080.
74.1    (c) A licensee qualifies for inactive status when a licensee is granted an emeritus
74.2license. A licensee qualifies for an emeritus license if the licensee demonstrates to the
74.3satisfaction of the board that:
74.4    (1) the licensee is retired from social work practice; and
74.5    (2) the licensee is not engaged in the practice of social work in any setting, including
74.6settings in which social workers are exempt from licensure according to section 148E.065.
74.7A licensee who possesses an emeritus license may reactivate the license according to
74.8section 148E.080.
74.9    Subd. 2. Application. A licensee may apply for inactive status:
74.10    (1) at any time by submitting an application for a temporary leave from active
74.11practice or for an emeritus license; or
74.12    (2) as an alternative to applying for the renewal of a license by so recording on
74.13the application for license renewal and submitting the completed, signed application to
74.14the board.
74.15    An application that is not completed or signed, or that is not accompanied by the
74.16correct fee, must be returned to the applicant, along with any fee submitted, and is void.
74.17For applications submitted electronically, a "signed application" means providing an
74.18attestation as specified by the board.
74.19    Subd. 3. Fee. (a) Regardless of when the application for inactive status is submitted,
74.20the temporary leave or emeritus license fee specified in section 148E.180, whichever is
74.21applicable, must accompany the application. A licensee who is approved for inactive
74.22status before the license expiration date is not entitled to receive a refund for any portion
74.23of the license or renewal fee.
74.24    (b) If an application for temporary leave is received after the license expiration date,
74.25the licensee must pay a renewal late fee as specified in section 148E.180 in addition to
74.26the temporary leave fee.
74.27    Subd. 4. Time limits for temporary leaves. A licensee may maintain an inactive
74.28license on temporary leave for no more than five consecutive years. If a licensee does
74.29not apply for reactivation within 60 days following the end of the consecutive five-year
74.30period, the license automatically expires.
74.31    Subd. 5. Time limits for emeritus license. A licensee with an emeritus license may
74.32not apply for reactivation according to section 148E.080 after five years following the
74.33granting of the emeritus license. However, after five years following the granting of the
74.34emeritus license, an individual may apply for new licensure according to section 148E.055.
75.1    Subd. 6. Prohibition on practice. (a) Except as provided in paragraph (b), a
75.2licensee whose license is inactive must not practice, attempt to practice, offer to practice,
75.3or advertise or hold out as authorized to practice social work.
75.4    (b) The board may grant a variance to the requirements of paragraph (a) if a licensee
75.5on inactive status provides emergency social work services. A variance is granted only
75.6if the board provides the variance in writing to the licensee. The board may impose
75.7conditions or restrictions on the variance.
75.8    Subd. 7. Representations of professional status. In making representations of
75.9professional status to the public, a licensee whose license is inactive must state that the
75.10license is inactive and that the licensee cannot practice social work.
75.11    Subd. 8. Disciplinary or other action. The board may resolve any pending
75.12complaints against a licensee before approving an application for inactive status. The
75.13board may take action according to sections 148E.255 to 148E.270 against a licensee
75.14whose license is inactive based on conduct occurring before the license is inactive or
75.15conduct occurring while the license is inactive.

75.16    Sec. 79. [148E.080] REACTIVATIONS.
75.17    Subdivision 1. Mailing notices to licensees on temporary leave. The board must
75.18mail a notice for reactivation to a licensee on temporary leave at least 45 days before the
75.19expiration date of the license according to section 148E.075, subdivision 4. Mailing the
75.20notice by United States mail to the licensee's last known mailing address constitutes
75.21valid mailing. Failure to receive the reactivation notice does not relieve a licensee of the
75.22obligation to comply with the provisions of this section to reactivate a license.
75.23    Subd. 2. Reactivation from a temporary leave or emeritus status. To reactivate a
75.24license from a temporary leave or emeritus status, a licensee must do the following within
75.25the time period specified in section 148E.075, subdivisions 4 and 5:
75.26    (1) complete an application form specified by the board;
75.27    (2) document compliance with the continuing education requirements specified in
75.28subdivision 4;
75.29    (3) submit a supervision plan, if required;
75.30    (4) pay the reactivation of an inactive licensee fee specified in section 148E.180; and
75.31    (5) pay the wall certificate fee according to section 148E.095, subdivision 1,
75.32paragraph (b) or (c), if the licensee needs a duplicate license.
75.33    Subd. 3. Reactivation of an expired license. To reactivate an expired license, a
75.34licensee must do the following within one year of the expiration date:
75.35    (1) complete an application form specified by the board;
76.1    (2) document compliance with the continuing education requirements that were
76.2in effect at the time the license expired;
76.3    (3) document compliance with the supervision requirements, if applicable, that were
76.4in effect at the time the license expired; and
76.5    (4) pay the reactivation of an expired license fee specified in section 148E.180.
76.6    Subd. 4. Continuing education requirements. (a) A licensee who is on temporary
76.7leave or who has an emeritus license must obtain the continuing education hours that
76.8would be required if the license was active. At the time of reactivation, the licensee must
76.9document compliance with the continuing education requirements specified in sections
76.10148E.130 to 148E.170.
76.11    (b) A licensee applying for reactivation according to subdivision 2 or 3 may apply
76.12for a variance to the continuing education requirements according to sections 148E.130 to
76.13148E.170.
76.14    Subd. 5. Reactivation of a voluntarily terminated license. To reactivate a
76.15voluntarily terminated license, a licensee must do the following within one year of the
76.16date the voluntary termination takes effect:
76.17    (1) complete an application form specified by the board;
76.18    (2) document compliance with the continuing education requirements that were in
76.19effect at the time the license was voluntarily terminated;
76.20    (3) document compliance with the supervision requirements, if applicable, that were
76.21in effect at the time the license was voluntarily terminated; and
76.22    (4) pay the reactivation of an expired or voluntarily terminated license fee specified
76.23in section 148E.180.

76.24    Sec. 80. [148E.085] VOLUNTARY TERMINATIONS.
76.25    Subdivision 1. Requests for voluntary termination. (a) A licensee may request
76.26voluntary termination of a license if the licensee demonstrates to the satisfaction of the
76.27board that the licensee is not engaged in the practice of social work in any setting except
76.28settings in which social workers are exempt from licensure according to section 148E.065.
76.29    (b) A licensee may apply for voluntary termination:
76.30    (1) at any time by submitting an application; or
76.31    (2) as an alternative to applying for the renewal of a license by so recording on
76.32the application for license renewal and submitting the completed, signed application to
76.33the board.
77.1For applications submitted electronically, a "signed application" means providing an
77.2attestation as specified by the board. An application that is not completed and signed must
77.3be returned to the applicant and is void.
77.4    (c) The board may resolve any pending complaints against a licensee before
77.5approving a request for voluntary termination.
77.6    Subd. 2. Application for new licensure. A licensee who has voluntarily terminated
77.7a license may not reactivate the license after one year following the date the voluntary
77.8termination takes effect. However, a licensee who has voluntarily terminated a license
77.9may apply for a new license according to section 148E.055.
77.10    Subd. 3. Prohibition on practice. A licensee who has voluntarily terminated a
77.11license must not practice, attempt to practice, offer to practice, or advertise or hold out as
77.12authorized to practice social work, except when the individual is exempt from licensure
77.13according to section 148E.065.
77.14    Subd. 4. Disciplinary or other action. The board may take action according to
77.15sections 148E.255 to 148E.270 against a licensee whose license has been terminated
77.16based on conduct occurring before the license is terminated or for practicing social
77.17work without a license.

77.18    Sec. 81. [148E.090] NAME; CHANGE OF NAME OR ADDRESS.
77.19    Subdivision 1. Name. A licensee must use the licensee's legal name or a professional
77.20name. If the licensee uses a professional name, the licensee must inform the board in
77.21writing of both the licensee's professional name and legal name and must comply with
77.22the requirements of this section.
77.23    Subd. 2. Legal name change. Within 30 days after changing the licensee's legal
77.24name, a licensee must:
77.25    (1) request a new license wall certificate;
77.26    (2) provide legal verification of the name change; and
77.27    (3) pay the license wall certificate fee specified in section 148E.180.
77.28    Subd. 3. Professional name change. Within 30 days after changing the licensee's
77.29professional name, a licensee must:
77.30    (1) request a new license wall certificate;
77.31    (2) provide a notarized statement attesting to the name change; and
77.32    (3) pay the license wall certificate fee specified in section 148E.180.
77.33    Subd. 4. Address or telephone change. When a licensee changes a mailing
77.34address, home address, work address, e-mail address, or daytime public telephone number,
78.1the licensee must notify the board of the change electronically or in writing no more
78.2than 30 days after the date of the change.

78.3    Sec. 82. [148E.095] LICENSE CERTIFICATE OR CARD.
78.4    Subdivision 1. License wall certificate. (a) The board must issue a new license
78.5wall certificate when the board issues a new license. No fee in addition to the applicable
78.6license fee specified in section 148E.180 is required.
78.7    (b) The board must replace a license wall certificate when:
78.8    (1) a licensee submits an affidavit to the board that the original license wall
78.9certificate was lost, stolen, or destroyed; and
78.10    (2) the licensee submits the license wall certificate fee specified in section 148E.180.
78.11    (c) The board must issue a revised license wall certificate when:
78.12    (1) a licensee requests a revised license wall certificate according to this section; and
78.13    (2) a licensee submits the license wall certificate fee specified in section 148E.180.
78.14    (d) The board must issue an additional license wall certificate when:
78.15    (1) a licensee submits a written request for a new certificate because the licensee
78.16practices in more than one location; and
78.17    (2) the licensee submits the license wall certificate fee specified in section 148E.180.
78.18    Subd. 2. License card. (a) The board must issue a new license card when the
78.19board issues a new license. No fee in addition to the applicable license fee specified
78.20in section 148E.180 is required.
78.21    (b) The board must replace a license card when a licensee submits:
78.22    (1) an affidavit to the board that the original license card was lost, stolen, or
78.23destroyed; and
78.24    (2) the license card fee specified in section 148E.180.
78.25    (c) The board must issue a revised license card when the licensee submits a written
78.26request for a new license wall certificate because of a new professional or legal name
78.27according to section 148E.090, subdivision 2 or 3. No fee in addition to the one specified
78.28in subdivision 1, paragraph (b), is required.

78.29    Sec. 83. [148E.100] LICENSED SOCIAL WORKERS; SUPERVISED
78.30PRACTICE.
78.31    Subdivision 1. Supervision required after licensure. After receiving a license
78.32from the board as a licensed social worker, the licensed social worker must obtain at least
78.33100 hours of supervision according to the requirements of this section.
79.1    Subd. 2. Practice requirements. The supervision required by subdivision 1 must be
79.2obtained during the first 4,000 hours of postbaccalaureate social work practice authorized
79.3by law. At least four hours of supervision must be obtained during every 160 hours of
79.4practice.
79.5    Subd. 3. Types of supervision. Of the 100 hours of supervision required under
79.6subdivision 1:
79.7    (1) 50 hours must be provided through one-on-one supervision, including: (i)
79.8a minimum of 25 hours of in-person supervision, and (ii) no more than 25 hours of
79.9supervision via eye-to-eye electronic media; and
79.10    (2) 50 hours must be provided through: (i) one-on-one supervision, or (ii) group
79.11supervision. The supervision may be in-person, by telephone, or via eye-to-eye electronic
79.12media. The supervision must not be provided by e-mail. Group supervision is limited to
79.13six members not counting the supervisor or supervisors.
79.14    Subd. 4. Supervisor requirements. The supervision required by subdivision 1 must
79.15be provided by a supervisor who:
79.16    (1) is a licensed social worker who has completed the supervised practice
79.17requirements;
79.18    (2) is a licensed graduate social worker, licensed independent social worker, or
79.19licensed independent clinical social worker; or
79.20    (3) meets the requirements specified in section 148E.120, subdivision 2.
79.21    Subd. 5. Supervisee requirements. The supervisee must:
79.22    (1) to the satisfaction of the supervisor, practice competently and ethically according
79.23to professional social work knowledge, skills, and values;
79.24    (2) receive supervision in the following content areas:
79.25    (i) development of professional values and responsibilities;
79.26    (ii) practice skills;
79.27    (iii) authorized scope of practice;
79.28    (iv) ensuring continuing competence; and
79.29    (v) ethical standards of practice;
79.30    (3) submit a supervision plan according to section 148E.125, subdivision 1; and
79.31    (4) if the board audits the supervisee's supervised practice, submit verification of
79.32supervised practice according to section 148E.125, subdivision 3.
79.33    Subd. 6. After completion of supervision requirements. A licensed social worker
79.34who fulfills the supervision requirements specified in subdivisions 1 to 5 is not required to
79.35be supervised after completion of the supervision requirements.
80.1    Subd. 7. Attestation. The social worker and the social worker's supervisor must
80.2attest that the supervisee has met or has made progress on meeting the applicable
80.3supervision requirements according to section 148E.125, subdivision 2.

80.4    Sec. 84. [148E.105] LICENSED GRADUATE SOCIAL WORKERS WHO DO
80.5NOT PRACTICE CLINICAL SOCIAL WORK; SUPERVISED PRACTICE.
80.6    Subdivision 1. Supervision required after licensure. After receiving a license
80.7from the board as a licensed graduate social worker, a licensed graduate social worker
80.8must obtain at least 100 hours of supervision according to the requirements of this section.
80.9    Subd. 2. Practice requirements. The supervision required by subdivision 1 must
80.10be obtained during the first 4,000 hours of postgraduate social work practice authorized
80.11by law. At least four hours of supervision must be obtained during every 160 hours of
80.12practice.
80.13    Subd. 3. Types of supervision. Of the 100 hours of supervision required under
80.14subdivision 1:
80.15    (1) 50 hours must be provided though one-on-one supervision, including: (i)
80.16a minimum of 25 hours of in-person supervision, and (ii) no more than 25 hours of
80.17supervision via eye-to-eye electronic media; and
80.18    (2) 50 hours must be provided through: (i) one-on-one supervision, or (ii) group
80.19supervision. The supervision may be in-person, by telephone, or via eye-to-eye electronic
80.20media. The supervision must not be provided by e-mail. Group supervision is limited
80.21to six supervisees.
80.22    Subd. 4. Supervisor requirements. The supervision required by subdivision 1 must
80.23be provided by a supervisor who meets the requirements specified in section 148E.120.
80.24The supervision must be provided by a:
80.25    (1) licensed independent social worker;
80.26    (2) licensed graduate social worker who has completed the supervised practice
80.27requirements;
80.28    (3) licensed independent clinical social worker; or
80.29    (4) a supervisor who meets the requirements specified in section 148E.120,
80.30subdivision 2 .
80.31    Subd. 5. Supervisee requirements. The supervisee must:
80.32    (1) to the satisfaction of the supervisor, practice competently and ethically according
80.33to professional social work knowledge, skills, and values;
80.34    (2) receive supervision in the following content areas:
80.35    (i) development of professional values and responsibilities;
81.1    (ii) practice skills;
81.2    (iii) authorized scope of practice;
81.3    (iv) ensuring continuing competence; and
81.4    (v) ethical standards of practice;
81.5    (3) submit a supervision plan according to section 148E.125, subdivision 1; and
81.6    (4) verify supervised practice according to section 148E.125, subdivision 3, if:
81.7    (i) the board audits the supervisee's supervised practice; or
81.8    (ii) a licensed graduate social worker applies for a licensed independent social
81.9worker license.
81.10    Subd. 6. Supervision not required after completion of supervision requirements.
81.11    A licensed graduate social worker who fulfills the supervision requirements specified in
81.12subdivisions 1 to 5, and who does not practice clinical social work, is not required to be
81.13supervised after completion of the supervision requirements.
81.14    Subd. 7. Attestation. A social worker and the social worker's supervisor must attest
81.15that the supervisee has met or has made progress on meeting the applicable supervision
81.16requirements according to section 148E.125, subdivision 2.
81.17    Subd. 8. Eligibility to apply for licensure as a licensed independent social
81.18worker. Upon completion of 4,000 hours of social work practice, including at least 100
81.19hours of supervision according to the requirements of this section, a licensed graduate
81.20social worker is eligible to apply for a licensed independent social worker license
81.21according to section 148E.110.

81.22    Sec. 85. [148E.106] LICENSED GRADUATE SOCIAL WORKERS WHO
81.23PRACTICE CLINICAL SOCIAL WORK; SUPERVISED PRACTICE.
81.24    Subdivision 1. Supervision required after licensure. After receiving a license
81.25from the board as a licensed graduate social worker, a licensed graduate social worker
81.26must obtain at least 200 hours of supervision according to the requirements of this section.
81.27    Subd. 2. Practice requirements. The supervision required by subdivision 1 must
81.28be obtained during the first 4,000 hours of postgraduate social work practice authorized
81.29by law. At least eight hours of supervision must be obtained during every 160 hours of
81.30practice.
81.31    Subd. 3. Types of supervision. Of the 200 hours of supervision required under
81.32subdivision 1:
81.33    (1) 100 hours must be provided through one-on-one supervision, including: (i)
81.34a minimum of 50 hours of in-person supervision, and (ii) no more than 50 hours of
81.35supervision via eye-to-eye electronic media; and
82.1    (2) 100 hours must be provided through: (i) one-on-one supervision, or (ii) group
82.2supervision. The supervision may be in-person, by telephone, or via eye-to-eye electronic
82.3media. The supervision must not be provided by e-mail. Group supervision is limited
82.4to six supervisees.
82.5    Subd. 4. Supervisor requirements. The supervision required by subdivision 1 must
82.6be provided by a supervisor who meets the requirements specified in section 148E.120.
82.7The supervision must be provided:
82.8    (1) by a licensed independent clinical social worker; or
82.9    (2) by a supervisor who meets the requirements specified in section 148E.120,
82.10subdivision 2.
82.11    Subd. 5. Supervisee requirements. The supervisee must:
82.12    (1) to the satisfaction of the supervisor, practice competently and ethically according
82.13to professional social work knowledge, skills, and values;
82.14    (2) receive supervision in the following content areas:
82.15    (i) development of professional values and responsibilities;
82.16    (ii) practice skills;
82.17    (iii) authorized scope of practice;
82.18    (iv) ensuring continuing competence; and
82.19    (v) ethical standards of practice;
82.20    (3) submit a supervision plan according to section 148E.125, subdivision 1; and
82.21    (4) verify supervised practice according to section 148E.125, subdivision 3, if:
82.22    (i) the board audits the supervisee's supervised practice; or
82.23    (ii) a licensed graduate social worker applies for a licensed independent clinical
82.24social worker license.
82.25    Subd. 6. Supervision required. A licensed graduate social worker must not engage
82.26in clinical social work practice except under supervision by a licensed independent
82.27clinical social worker or an alternate supervisor designated according to section 148E.120,
82.28subdivision 2.
82.29    Subd. 7. Limit on practice of clinical social work. (a) Except as provided in
82.30subdivision 8, a licensed graduate social worker must not engage in clinical social work
82.31practice under supervision for more than 8,000 hours. In order to practice clinical social
82.32work for more than 8,000 hours, a licensed graduate social worker must obtain a licensed
82.33independent clinical social worker license.
82.34    (b) Notwithstanding the requirements of paragraph (a), the board may grant a
82.35licensed graduate social worker permission to engage in clinical social work practice for
82.36more than 8,000 hours if the licensed graduate social worker petitions the board and
83.1demonstrates to the board's satisfaction that for reasons of personal hardship the licensed
83.2graduate social worker should be granted an extension to continue practicing clinical
83.3social work under supervision for up to an additional 2,000 hours.
83.4    Subd. 8. Eligibility to apply for licensure as a licensed independent social
83.5worker. Upon completion of 4,000 hours of clinical social work practice, including at
83.6least 1,800 hours of direct clinical client contact and 200 hours of supervision according to
83.7the requirements of this section, a licensed graduate social worker is eligible to apply for a
83.8licensed independent clinical social worker license under section 148E.115, subdivision 1.
83.9    Subd. 9. Attestation. A social worker and the social worker's supervisor must attest
83.10that the supervisee has met or has made progress on meeting the applicable supervision
83.11requirements according to section 148E.125, subdivision 2.

83.12    Sec. 86. [148E.110] LICENSED INDEPENDENT SOCIAL WORKERS;
83.13SUPERVISED PRACTICE.
83.14    Subdivision 1. Supervision required before licensure. Before becoming licensed
83.15as a licensed independent social worker, a person must have obtained at least 100 hours
83.16of supervision during 4,000 hours of postgraduate social work practice required by law
83.17according to the requirements of section 148E.105, subdivisions 3, 4, and 5. At least four
83.18hours of supervision must be obtained during every 160 hours of practice.
83.19    Subd. 2. Licensed independent social workers; clinical social work after
83.20licensure. After licensure, a licensed independent social worker must not engage in
83.21clinical social work practice except under supervision by a licensed independent clinical
83.22social worker or an alternate supervisor designated according to section 148E.120,
83.23subdivision 2 .
83.24    Subd. 3. Limit on practice of clinical social work. (a) Except as provided in
83.25paragraph (b), a licensed independent social worker must not engage in clinical social
83.26work practice under supervision for more than 8,000 hours. In order to practice clinical
83.27social work for more than 8,000 hours, a licensed independent social worker must obtain a
83.28licensed independent clinical social worker license.
83.29    (b) Notwithstanding the requirements of paragraph (a), the board may grant a
83.30licensed independent social worker permission to engage in clinical social work practice
83.31for more than 8,000 hours if the licensed independent social worker petitions the board
83.32and demonstrates to the board's satisfaction that for reasons of personal hardship the
83.33licensed independent social worker should be granted an extension to continue practicing
83.34clinical social work under supervision for up to an additional 2,000 hours.
84.1    Subd. 4. Licensed independent social workers who do not practice clinical
84.2social work after licensure. After licensure, a licensed independent social worker is not
84.3required to be supervised if the licensed independent social worker does not practice
84.4clinical social work.

84.5    Sec. 87. [148E.115] LICENSED INDEPENDENT CLINICAL SOCIAL
84.6WORKERS; SUPERVISION.
84.7    Subdivision 1. Supervision required before licensure. Before becoming licensed
84.8as a licensed independent clinical social worker, a person must have obtained at least 200
84.9hours of supervision during 4,000 hours of postgraduate clinical practice required by law
84.10according to the requirements of section 148E.106.
84.11    Subd. 2. No supervision required after licensure. After licensure, a licensed
84.12independent clinical social worker is not required to be supervised.

84.13    Sec. 88. [148E.120] REQUIREMENTS OF SUPERVISORS.
84.14    Subdivision 1. Supervisors licensed as social workers. (a) Except as provided in
84.15paragraph (b), to be eligible to provide supervision under this section, a social worker must:
84.16    (1) have at least 2,000 hours of experience in authorized social work practice. If
84.17the person is providing clinical supervision, the 2,000 hours must include 1,000 hours of
84.18experience in clinical practice;
84.19    (2) have completed 30 hours of training in supervision through coursework from
84.20an accredited college or university, or through continuing education in compliance with
84.21sections 148E.130 to 148E.170;
84.22    (3) be competent in the activities being supervised; and
84.23    (4) attest, on a form provided by the board, that the social worker has met the
84.24applicable requirements specified in this section and sections 148E.100 to 148E.115. The
84.25board may audit the information provided to determine compliance with the requirements
84.26of this section.
84.27    (b) If the board determines that supervision is not obtainable from an individual
84.28meeting the requirements specified in paragraph (a), the board may approve an alternate
84.29supervisor according to subdivision 2.
84.30    Subd. 2. Alternate supervisors. (a) The board may approve an alternate supervisor
84.31if:
84.32    (1) the board determines that supervision is not obtainable according to paragraph
84.33(b);
85.1    (2) the licensee requests in the supervision plan submitted according to section
85.2148E.125, subdivision 1, that an alternate supervisor conduct the supervision;
85.3    (3) the licensee describes the proposed supervision and the name and qualifications
85.4of the proposed alternate supervisor; and
85.5    (4) the requirements of paragraph (d) are met.
85.6    (b) The board may determine that supervision is not obtainable if:
85.7    (1) the licensee provides documentation as an attachment to the supervision plan
85.8submitted according to section 148E.125, subdivision 1, that the licensee has conducted a
85.9thorough search for a supervisor meeting the applicable licensure requirements specified
85.10in sections 148E.100 to 148E.115;
85.11    (2) the licensee demonstrates to the board's satisfaction that the search was
85.12unsuccessful; and
85.13    (3) the licensee describes the extent of the search and the names and locations of
85.14the persons and organizations contacted.
85.15    (c) The requirements specified in paragraph (b) do not apply to obtaining supervision
85.16for clinical practice if the board determines that there are five or fewer licensed
85.17independent clinical social workers in the county where the licensee practices social work.
85.18    (d) An alternate supervisor must:
85.19    (1) be an unlicensed social worker who is employed in, and provides the supervision
85.20in, a setting exempt from licensure by section 148E.065, and who has qualifications
85.21equivalent to the applicable requirements specified in sections 148E.100 to 148E.115;
85.22    (2) be a social worker engaged in authorized practice in Iowa, Manitoba, North
85.23Dakota, Ontario, South Dakota, or Wisconsin, and has the qualifications equivalent to the
85.24applicable requirements specified in sections 148E.100 to 148E.115; or
85.25    (3) be a licensed marriage and family therapist or a mental health professional
85.26as established by section 245.462, subdivision 18, or 245.4871, subdivision 27, or an
85.27equivalent mental health professional, as determined by the board, who is licensed or
85.28credentialed by a state, territorial, provincial, or foreign licensing agency.
85.29    In order to qualify to provide clinical supervision of a licensed graduate social
85.30worker or licensed independent social worker engaged in clinical practice, the alternate
85.31supervisor must be a mental health professional as established by section 245.462,
85.32subdivision 18 , or 245.4871, subdivision 27, or an equivalent mental health professional,
85.33as determined by the board, who is licensed or credentialed by a state, territorial,
85.34provincial, or foreign licensing agency.

85.35    Sec. 89. [148E.125] DOCUMENTATION OF SUPERVISION.
86.1    Subdivision 1. Supervision plan. (a) A social worker must submit, on a form
86.2provided by the board, a supervision plan for meeting the supervision requirements
86.3specified in sections 148E.100 to 148E.120.
86.4    (b) The supervision plan must be submitted no later than 90 days after the licensee
86.5begins a social work practice position after becoming licensed.
86.6    (c) For failure to submit the supervision plan within 90 days after beginning a social
86.7work practice position, a licensee must pay the supervision plan late fee specified in
86.8section 148E.180 when the licensee applies for license renewal.
86.9    (d) A license renewal application submitted according to paragraph (a) must not be
86.10approved unless the board has received a supervision plan.
86.11    (e) The supervision plan must include the following:
86.12    (1) the name of the supervisee, the name of the agency in which the supervisee is
86.13being supervised, and the supervisee's position title;
86.14    (2) the name and qualifications of the person providing the supervision;
86.15    (3) the number of hours of one-on-one in-person supervision and the number and
86.16type of additional hours of supervision to be completed by the supervisee;
86.17    (4) the supervisee's position description;
86.18    (5) a brief description of the supervision the supervisee will receive in the following
86.19content areas:
86.20    (i) clinical practice, if applicable;
86.21    (ii) development of professional social work knowledge, skills, and values;
86.22    (iii) practice methods;
86.23    (iv) authorized scope of practice;
86.24    (v) ensuring continuing competence; and
86.25    (vi) ethical standards of practice; and
86.26    (6) if applicable, a detailed description of the supervisee's clinical social work
86.27practice, addressing:
86.28    (i) the client population, the range of presenting issues, and the diagnoses;
86.29    (ii) the clinical modalities that were utilized; and
86.30    (iii) the process utilized for determining clinical diagnoses, including the diagnostic
86.31instruments used and the role of the supervisee in the diagnostic process.
86.32    (f) The board must receive a revised supervision plan within 90 days of any of the
86.33following changes:
86.34    (1) the supervisee has a new supervisor;
86.35    (2) the supervisee begins a new social work position;
86.36    (3) the scope or content of the supervisee's social work practice changes substantially;
87.1    (4) the number of practice or supervision hours changes substantially; or
87.2    (5) the type of supervision changes as supervision is described in section 148E.100,
87.3subdivision 3 , or 148E.105, subdivision 3, or as required in section 148E.115.
87.4    (g) For failure to submit a revised supervision plan as required in paragraph (f), a
87.5supervisee must pay the supervision plan late fee specified in section 148E.180, when
87.6the supervisee applies for license renewal.
87.7    (h) The board must approve the supervisor and the supervision plan.
87.8    Subd. 2. Attestation. (a) When a supervisee submits renewal application materials
87.9to the board, the supervisee and supervisor must submit an attestation providing the
87.10following information on a form provided by the board:
87.11    (1) the name of the supervisee, the name of the agency in which the supervisee is
87.12being supervised, and the supervisee's position title;
87.13    (2) the name and qualifications of the supervisor;
87.14    (3) the number of hours and dates of each type of supervision completed;
87.15    (4) the supervisee's position description;
87.16    (5) a declaration that the supervisee has not engaged in conduct in violation of the
87.17standards of practice specified in sections 148E.195 to 148E.240;
87.18    (6) a declaration that the supervisee has practiced competently and ethically
87.19according to professional social work knowledge, skills, and values; and
87.20    (7) a list of the content areas in which the supervisee has received supervision,
87.21including the following:
87.22    (i) clinical practice, if applicable;
87.23    (ii) development of professional social work knowledge, skills, and values;
87.24    (iii) practice methods;
87.25    (iv) authorized scope of practice;
87.26    (v) ensuring continuing competence; and
87.27    (vi) ethical standards of practice.
87.28    (b) The information provided on the attestation form must demonstrate to the board's
87.29satisfaction that the supervisee has met or has made progress on meeting the applicable
87.30supervised practice requirements.
87.31    Subd. 3. Verification of supervised practice. (a) In addition to receiving the
87.32attestation required under subdivision 2, the board must receive verification of supervised
87.33practice if:
87.34    (1) the board audits the supervision of a supervisee; or
87.35    (2) an applicant applies for a license as a licensed independent social worker or as a
87.36licensed independent clinical social worker.
88.1    (b) When verification of supervised practice is required according to paragraph (a),
88.2the board must receive from the supervisor the following information on a form provided
88.3by the board:
88.4    (1) the name of the supervisee, the name of the agency in which the supervisee is
88.5being supervised, and the supervisee's position title;
88.6    (2) the name and qualifications of the supervisor;
88.7    (3) the number of hours and dates of each type of supervision completed;
88.8    (4) the supervisee's position description;
88.9    (5) a declaration that the supervisee has not engaged in conduct in violation of the
88.10standards of practice specified in sections 148E.195 to 148E.240;
88.11    (6) a declaration that the supervisee has practiced ethically and competently
88.12according to professional social work knowledge, skills, and values;
88.13    (7) a list of the content areas in which the supervisee has received supervision,
88.14including the following:
88.15    (i) clinical practice, if applicable;
88.16    (ii) development of professional social work knowledge, skills, and values;
88.17    (iii) practice methods;
88.18    (iv) authorized scope of practice;
88.19    (v) ensuring continuing competence; and
88.20    (vi) ethical standards of practice; and
88.21    (8) if applicable, a detailed description of the supervisee's clinical social work
88.22practice, addressing:
88.23    (i) the client population, the range of presenting issues, and the diagnoses;
88.24    (ii) the clinical modalities that were utilized; and
88.25    (iii) the process utilized for determining clinical diagnoses, including the diagnostic
88.26instruments used and the role of the supervisee in the diagnostic process.
88.27    (c) The information provided on the verification form must demonstrate to the board's
88.28satisfaction that the supervisee has met the applicable supervised practice requirements.
88.29    Subd. 4. Alternative verification of supervised practice. Notwithstanding the
88.30requirements of subdivision 3, the board may accept alternative verification of supervised
88.31practice if a supervisee demonstrates to the satisfaction of the board that the supervisee is
88.32unable to locate a former supervisor to provide the required information.

88.33    Sec. 90. [148E.130] CLOCK HOURS REQUIRED.
89.1    Subdivision 1. Total clock hours required. At the time of license renewal, a
89.2licensee must provide evidence satisfactory to the board that the licensee has, during the
89.3renewal term, completed at least 40 clock hours of continuing education.
89.4    Subd. 2. Ethics requirement. At least two of the clock hours required under
89.5subdivision 1 must be in social work ethics.
89.6    Subd. 3. Requirement for LICSWs. For licensed independent clinical social
89.7workers, at least 24 of the clock hours required under subdivision 1 must be in the clinical
89.8content areas specified in section 148E.055, subdivision 5.
89.9    Subd. 4. Requirement for supervisors. For social workers providing supervision
89.10according to sections 148E.100 to 148E.125, at least six of the clock hours required under
89.11subdivision 1 must be in the practice of supervision.
89.12    Subd. 5. Independent study. Independent study must not consist of more than ten
89.13clock hours of continuing education per renewal term. Independent study must be for
89.14publication, public presentation, or professional development. Independent study includes,
89.15but is not limited to, electronic study. For purposes of subdivision 6, independent study
89.16includes consultation with an experienced supervisor regarding the practice of supervision.
89.17    Subd. 6. Coursework. One credit of coursework in a semester-based academic
89.18institution is the equivalent of 15 clock hours.
89.19    Subd. 7. Prorated renewal term. If the licensee's renewal term is prorated to be
89.20less or more than 24 months, the required number of continuing education clock hours is
89.21prorated proportionately.

89.22    Sec. 91. [148E.135] APPROVAL OF CLOCK HOURS.
89.23    Subdivision 1. Ways of approving clock hours. The clock hours required under
89.24section 148E.130 must be approved in one or more of the following ways:
89.25    (1) the hours must be offered by a continuing education provider approved by the
89.26board;
89.27    (2) the hours must be offered by a continuing education provider approved by the
89.28Association of Social Work Boards or a similar examination body designated by the board;
89.29    (3) the hours must be earned through a continuing education program approved by
89.30the National Association of Social Workers; or
89.31    (4) the hours must be earned through a continuing education program approved
89.32by the board.
89.33    Subd. 2. Preapproval not required. Providers and programs are not required to be
89.34preapproved but must meet the requirements specified in this section.

90.1    Sec. 92. [148E.140] VARIANCES.
90.2    The board may grant a variance to the continuing education requirements specified
90.3in section 148E.130, when a licensee demonstrates to the satisfaction of the board that the
90.4licensee is unable to complete the required number of clock hours during the renewal term.
90.5The board may allow a licensee to complete the required number of clock hours within a
90.6time frame specified by the board. The board must not allow a licensee to complete less
90.7than the required number of clock hours.

90.8    Sec. 93. [148E.145] CONTINUING EDUCATION PROVIDERS APPROVED
90.9BY BOARD.
90.10    Subdivision 1. Board approval. (a) The board must approve a continuing education
90.11provider who:
90.12    (1) submits a completed application to the board which provides the information
90.13required by subdivision 2 and which meets the criteria specified in subdivision 3; and
90.14    (2) pays the provider fee specified in section 148E.180.
90.15    (b) An approval is valid for programs offered no later than one year from the date
90.16the application is approved by the board.
90.17    Subd. 2. Information required. The information that must be provided to the board
90.18includes, but is not limited to, the following:
90.19    (1) the name of the continuing education provider;
90.20    (2) the address, telephone number, and e-mail address of a contact person for the
90.21provider;
90.22    (3) a signed statement that indicates the provider understands and agrees to abide by
90.23the criteria specified in subdivision 3; and
90.24    (4) a signed statement that indicates the provider agrees to furnish a certificate of
90.25attendance to each participant in a program offered by the provider.
90.26    Subd. 3. Criteria for programs. (a) A continuing education provider must employ
90.27the following criteria in determining whether to offer a continuing education program:
90.28    (1) whether the material to be presented will promote the standards of practice
90.29described in sections 148E.195 to 148E.240;
90.30    (2) whether the material to be presented will contribute to the practice of social work
90.31as defined in section 148E.010;
90.32    (3) whether the material to be presented is intended for the benefit of practicing
90.33social workers; and
90.34    (4) whether the persons presenting the program are qualified in the subject matter
90.35being presented.
91.1    (b) The material presented must not be primarily procedural or primarily oriented
91.2towards business practices or self-development.
91.3    Subd. 4. Audits. (a) The board may audit programs offered by a continuing
91.4education provider approved by the board to determine compliance with the requirements
91.5of this section.
91.6    (b) A continuing education provider audited by the board must provide the
91.7documentation specified in subdivision 5.
91.8    Subd. 5. Records retention; continuing education providers. For three years
91.9following the end of each program offered by a continuing education provider, the
91.10provider must maintain the following information:
91.11    (1) the title of the program;
91.12    (2) a description of the content and objectives of the program;
91.13    (3) the date of the program;
91.14    (4) the number of clock hours credited for participation in the program;
91.15    (5) the program location;
91.16    (6) the names and qualifications of the primary presenters;
91.17    (7) a description of the primary audience the program was designed for; and
91.18    (8) a list of the participants in the program.

91.19    Sec. 94. [148E.150] APPROVED CONTINUING EDUCATION PROVIDERS.
91.20    In order to receive credit for a program offered by a continuing education provider
91.21approved by the Association of Social Work Boards or a similar examination body
91.22designated by the board, the provider must be listed on the Association of Social Work
91.23Boards Web site as a provider currently approved by the Association of Social Work
91.24Boards or a similar examination body designated by the board.

91.25    Sec. 95. [148E.155] APPROVED CONTINUING EDUCATION PROGRAMS.
91.26    In order to receive credit for a program approved by the National Association of
91.27Social Workers, the program must be listed on the National Association of Social Workers
91.28Web site as a program currently approved by the National Association of Social Workers.

91.29    Sec. 96. [148E.160] CONTINUING EDUCATION PROGRAMS APPROVED
91.30BY BOARD.
91.31    Subdivision 1. Required program content. In order to be approved by the board, a
91.32continuing education program must:
91.33    (1) promote the standards of practice described in sections 148E.195 to 148E.240;
92.1    (2) contribute to the practice of social work as defined in section 148E.010; and
92.2    (3) not be primarily procedural or be primarily oriented towards business practices
92.3or self-development.
92.4    Subd. 2. Types of continuing education programs. In order to be approved by
92.5the board, a continuing education program must be one of the following: academic
92.6coursework offered by an institution of higher learning; educational workshops, seminars,
92.7or conferences offered by an organization or individual; staff training offered by a public
92.8or private employer; or independent study.

92.9    Sec. 97. [148E.165] CONTINUING EDUCATION REQUIREMENTS OF
92.10LICENSEES.
92.11    Subdivision 1. Records retention; licensees. For one year following the expiration
92.12date of a license, the licensee must maintain documentation of clock hours earned during
92.13the previous renewal term. The documentation must include the following:
92.14    (1) for educational workshops or seminars offered by an organization or at a
92.15conference, a copy of the certificate of attendance issued by the presenter or sponsor
92.16giving the following information:
92.17    (i) the name of the sponsor or presenter of the program;
92.18    (ii) the title of the workshop or seminar;
92.19    (iii) the dates the licensee participated in the program; and
92.20    (iv) the number of clock hours completed;
92.21    (2) for academic coursework offered by an institution of higher learning, a copy of a
92.22transcript giving the following information:
92.23    (i) the name of the institution offering the course;
92.24    (ii) the title of the course;
92.25    (iii) the dates the licensee participated in the course; and
92.26    (iv) the number of credits completed;
92.27    (3) for staff training offered by public or private employers, a copy of the certificate
92.28of attendance issued by the employer giving the following information:
92.29    (i) the name of the employer;
92.30    (ii) the title of the staff training;
92.31    (iii) the dates the licensee participated in the program; and
92.32    (iv) the number of clock hours completed; and
92.33    (4) for independent study, including electronic study, a written summary of the study
92.34conducted, including the following information:
92.35    (i) the topics studied;
93.1    (ii) a description of the applicability of the study to the licensee's authorized scope of
93.2practice;
93.3    (iii) the titles and authors of books and articles consulted or the name of the
93.4organization offering the study;
93.5    (iv) the dates the licensee conducted the study; and
93.6    (v) the number of clock hours the licensee conducted the study.
93.7    Subd. 2. Audits. The board may audit license renewal and reactivation applications
93.8to determine compliance with the requirements of sections 148E.130 to 148E.170. A
93.9licensee audited by the board must provide the documentation specified in subdivision
93.101 regardless of whether the provider or program has been approved by the board, the
93.11Association of Social Work Boards, or a similar examination body designated by the
93.12board, or the National Association of Social Workers.

93.13    Sec. 98. [148E.170] REVOCATION OF CONTINUING EDUCATION
93.14APPROVALS.
93.15    The board may revoke approval of a provider or of a program offered by a provider,
93.16or of an individual program approved by the board, if the board determines subsequent
93.17to the approval that the provider or program failed to meet the requirements of sections
93.18148E.130 to 148E.170.

93.19    Sec. 99. [148E.175] FEES.
93.20    The fees specified in section 148E.180 are nonrefundable and must be deposited in
93.21the state government special revenue fund.

93.22    Sec. 100. [148E.180] FEE AMOUNTS.
93.23    Subdivision 1. Application fees. Application fees for licensure are as follows:
93.24    (1) for a licensed social worker, $45;
93.25    (2) for a licensed graduate social worker, $45;
93.26    (3) for a licensed independent social worker, $90;
93.27    (4) for a licensed independent clinical social worker, $90;
93.28    (5) for a temporary license, $50; and
93.29    (6) for a licensure by endorsement, $150.
93.30    The fee for criminal background checks is the fee charged by the Bureau of Criminal
93.31Apprehension. The criminal background check fee must be included with the application
93.32fee as required according to section 148E.055.
93.33    Subd. 2. License fees. License fees are as follows:
94.1    (1) for a licensed social worker, $115.20;
94.2    (2) for a licensed graduate social worker, $201.60;
94.3    (3) for a licensed independent social worker, $302.40;
94.4    (4) for a licensed independent clinical social worker, $331.20;
94.5    (5) for an emeritus license, $43.20; and
94.6    (6) for a temporary leave fee, the same as the renewal fee specified in subdivision 3.
94.7    If the licensee's initial license term is less or more than 24 months, the required
94.8license fees must be prorated proportionately.
94.9    Subd. 3. Renewal fees. Renewal fees for licensure are as follows:
94.10    (1) for a licensed social worker, $115.20;
94.11    (2) for a licensed graduate social worker, $201.60;
94.12    (3) for a licensed independent social worker, $302.40; and
94.13    (4) for a licensed independent clinical social worker, $331.20.
94.14    Subd. 4. Continuing education provider fees. Continuing education provider
94.15fees are as follows:
94.16    (1) for a provider who offers programs totaling one to eight clock hours in a one-year
94.17period according to section 148E.145, $50;
94.18    (2) for a provider who offers programs totaling nine to 16 clock hours in a one-year
94.19period according to section 148E.145, $100;
94.20    (3) for a provider who offers programs totaling 17 to 32 clock hours in a one-year
94.21period according to section 148E.145, $200;
94.22    (4) for a provider who offers programs totaling 33 to 48 clock hours in a one-year
94.23period according to section 148E.145, $400; and
94.24    (5) for a provider who offers programs totaling 49 or more clock hours in a one-year
94.25period according to section 148E.145, $600.
94.26    Subd. 5. Late fees. Late fees are as follows:
94.27    (1) renewal late fee, one-half of the renewal fee specified in subdivision 3; and
94.28    (2) supervision plan late fee, $40.
94.29    Subd. 6. License cards and wall certificates. (a) The fee for a license card as
94.30specified in section 148E.095 is $10.
94.31    (b) The fee for a license wall certificate as specified in section 148E.095 is $30.
94.32    Subd. 7. Reactivation fees. Reactivation fees are as follows:
94.33    (1) reactivation from a temporary leave or emeritus status, the prorated share of the
94.34renewal fee specified in subdivision 3; and
94.35    (2) reactivation of an expired license, 1-1/2 times the renewal fees specified in
94.36subdivision 3.

95.1    Sec. 101. [148E.185] PURPOSE OF COMPLIANCE LAWS.
95.2    The purpose of sections 148E.185 to 148E.290 is to protect the public by ensuring
95.3that all persons licensed as social workers meet minimum standards of practice. The
95.4board shall promptly and fairly investigate and resolve all complaints alleging violations
95.5of statutes and rules that the board is empowered to enforce and (1) take appropriate
95.6disciplinary action, adversarial action, or other action justified by the facts, or (2) enter
95.7into corrective action agreements or stipulations to cease practice, when doing so is
95.8consistent with the board's obligation to protect the public.

95.9    Sec. 102. [148E.190] GROUNDS FOR ACTION.
95.10    Subdivision 1. Scope. The grounds for action in subdivisions 2 to 4 and the
95.11standards of practice requirements in sections 148E.195 to 148E.240 apply to all licensees
95.12and applicants.
95.13    Subd. 2. Violations. The board has grounds to take action according to sections
95.14148E.255 to 148E.270 when a social worker violates:
95.15    (1) a statute or rule enforced by the board, including this section and sections
95.16148E.195 to 148E.240;
95.17    (2) a federal or state law or rule related to the practice of social work; or
95.18    (3) an order, stipulation, or agreement agreed to or issued by the board.
95.19    Subd. 3. Conduct before licensure. A violation of the requirements specified in this
95.20section and sections 148E.195 to 148E.240 is grounds for the board to take action under
95.21sections 148E.255 to 148E.270. The board's jurisdiction to exercise the powers provided in
95.22this section extends to an applicant or licensee's conduct that occurred before licensure if:
95.23    (1) the conduct did not meet the minimum accepted and prevailing standards of
95.24professional social work practice at the time the conduct occurred; or
95.25    (2) the conduct adversely affects the applicant or licensee's present ability to practice
95.26social work in conformity with the requirements of sections 148E.195 to 148E.240.
95.27    Subd. 4. Unauthorized practice. The board has grounds to take action according
95.28to sections 148E.255 to 148E.270 when a social worker:
95.29    (1) practices outside the scope of practice authorized by section 148E.050;
95.30    (2) engages in the practice of social work without a social work license under
95.31section 148E.055 or 148E.060, except when the social worker is exempt from licensure
95.32under section 148E.065;
95.33    (3) provides social work services to a client who receives social work services in
95.34this state, and is not licensed under section 148E.055 or 148E.060, except when the social
95.35worker is exempt from licensure under section 148E.065.

96.1    Sec. 103. [148E.195] REPRESENTATIONS TO CLIENTS AND PUBLIC.
96.2    Subdivision 1. Required displays and information for clients. (a) A social worker
96.3must conspicuously display at the social worker's places of practice, or make available as
96.4a handout for all clients, information that the client has the right to the following:
96.5    (1) to be informed of the social worker's license status, education, training, and
96.6experience;
96.7    (2) to examine public data on the social worker maintained by the board;
96.8    (3) to report a complaint about the social worker's practice to the board; and
96.9    (4) to be informed of the board's mailing address, e-mail address, Web site address,
96.10and telephone number.
96.11    (b) A social worker must conspicuously display the social worker's wall certificate at
96.12the social worker's places of practice and office locations. Additional wall certificates may
96.13be requested according to section 148E.095.
96.14    Subd. 2. Representations. (a) No applicant or other individual may be represented
96.15to the public by any title incorporating the words "social work" or "social worker" unless
96.16the individual holds a license according to sections 148E.055 and 148E.060 or practices in
96.17a setting exempt from licensure according to section 148E.065.
96.18    (b) In all professional use of a social worker's name, the social worker must use
96.19the license designation "LSW" or "licensed social worker" for a licensed social worker,
96.20"LGSW" or "licensed graduate social worker" for a licensed graduate social worker,
96.21"LISW" or "licensed independent social worker" for a licensed independent social worker,
96.22or "LICSW" or "licensed independent clinical social worker" for a licensed independent
96.23clinical social worker.
96.24    (c) Public statements or advertisements must not be untruthful, misleading, false,
96.25fraudulent, deceptive, or potentially exploitative of clients, former clients, interns,
96.26students, supervisees, or the public.
96.27    (d) A social worker must not:
96.28    (1) use licensure status as a claim, promise, or guarantee of successful service;
96.29    (2) obtain a license by cheating or employing fraud or deception;
96.30    (3) make false statements or misrepresentations to the board or in materials
96.31submitted to the board; or
96.32    (4) engage in conduct that has the potential to deceive or defraud a social work
96.33client, intern, student, supervisee, or the public.
96.34    Subd. 3. Information on credentials. (a) A social worker must provide accurate
96.35and factual information concerning the social worker's credentials, education, training,
97.1and experience when the information is requested by clients, potential clients, or other
97.2persons or organizations.
97.3    (b) A social worker must not misrepresent directly or by implication the social
97.4worker's license, degree, professional certifications, affiliations, or other professional
97.5qualifications in any oral or written communications to clients, potential clients, or other
97.6persons or organizations. A social worker must take reasonable steps to prevent such
97.7misrepresentations by other social workers.
97.8    (c) A social worker must not hold out as a person licensed as a social worker without
97.9having a social work license according to sections 148E.055 and 148E.060.
97.10    (d) A social worker must not misrepresent directly or by implication (1) affiliations
97.11with institutions or organizations, or (2) purposes or characteristics of institutions or
97.12organizations with which the social worker is or has been affiliated.

97.13    Sec. 104. [148E.200] COMPETENCE.
97.14    Subdivision 1. Competence. (a) A social worker must provide services and hold
97.15out as competent only to the extent the social worker's education, training, license,
97.16consultation received, supervision experience, or other relevant professional experience
97.17demonstrate competence in the services provided. A social worker must make a referral
97.18to a competent professional when the services required are beyond the social worker's
97.19competence or authorized scope of practice.
97.20    (b) When generally recognized standards do not exist with respect to an emerging
97.21area of practice, including but not limited to providing social work services through
97.22electronic means, a social worker must take the steps necessary, such as consultation or
97.23supervision, to ensure the competence of the social worker's work and to protect clients
97.24from harm.
97.25    Subd. 2. Supervision or consultation. Notwithstanding the completion of
97.26supervision requirements as specified in sections 148E.100 to 148E.125, a social worker
97.27must obtain supervision or engage in consultation when appropriate or necessary for
97.28competent and ethical practice.
97.29    Subd. 3. Delegation of social work responsibilities. (a) A social worker must not
97.30delegate a social work responsibility to another individual when the social worker knows
97.31or reasonably should know that the individual is not licensed when required to be licensed
97.32according to sections 148E.055 and 148E.060.
97.33    (b) A social worker must not delegate a social work responsibility to another
97.34individual when the social worker knows or reasonably should know that the individual is
97.35not competent to assume the responsibility or perform the task.

98.1    Sec. 105. [148E.205] IMPAIRMENT.
98.2    Subdivision 1. Grounds for action. The board has grounds to take action under
98.3sections 148E.255 to 148E.270 when a social worker is unable to practice with reasonable
98.4skill and safety by reason of illness, use of alcohol, drugs, chemicals, or any other
98.5materials, or as a result of any mental, physical, or psychological condition.
98.6    Subd. 2. Self-reporting. A social worker regulated by the board who is unable
98.7to practice with reasonable skill and safety by reason of illness, use of alcohol, drugs,
98.8chemicals, or any other materials, or as a result of any mental, physical, or psychological
98.9condition, must report to the board or the health professionals services program.

98.10    Sec. 106. [148E.210] PROFESSIONAL AND ETHICAL CONDUCT.
98.11    The board has grounds to take action under sections 148E.255 to 148E.270 when a
98.12social worker:
98.13    (1) engages in unprofessional or unethical conduct, including any departure from
98.14or failure to conform to the minimum accepted ethical and other prevailing standards of
98.15professional social work practice, without actual injury to a social work client, intern,
98.16student, supervisee, or the public needing to be established;
98.17    (2) engages in conduct that has the potential to cause harm to a client, intern,
98.18student, supervisee, or the public;
98.19    (3) demonstrates a willful or careless disregard for the health, welfare, or safety of
98.20a client, intern, student, or supervisee; or
98.21    (4) engages in acts or conduct adversely affecting the applicant or licensee's current
98.22ability or fitness to engage in social work practice, whether or not the acts or conduct
98.23occurred while engaged in the practice of social work.

98.24    Sec. 107. [148E.215] RESPONSIBILITIES TO CLIENTS.
98.25    Subdivision 1. Responsibility to clients. A social worker's primary professional
98.26responsibility is to the client. A social worker must respect the client's interests, including
98.27the interest in self-determination, except when required to do otherwise by law.
98.28    Subd. 2. Nondiscrimination. A social worker must not discriminate against
98.29a client, intern, student, or supervisee or in providing services to a client, intern, or
98.30supervisee on the basis of age, gender, sexual orientation, race, color, national origin,
98.31religion, illness, disability, political affiliation, or social or economic status.
98.32    Subd. 3. Research. When undertaking research activities, a social worker must
98.33use accepted protocols for the protection of human subjects, including (1) establishing
99.1appropriate safeguards to protect the subject's vulnerability, and (2) obtaining the subjects'
99.2informed consent.

99.3    Sec. 108. [148E.220] RELATIONSHIPS WITH CLIENTS, FORMER CLIENTS,
99.4AND OTHERS.
99.5    Subdivision 1. Social worker responsibility. (a) A social worker is responsible for
99.6acting professionally in relationships with clients or former clients. A client or a former
99.7client's initiation of, or attempt to engage in, or request to engage in, a personal, sexual, or
99.8business relationship is not a defense to a violation of this section.
99.9    (b) When a relationship is permitted by this section, social workers who engage in
99.10such a relationship assume the full burden of demonstrating that the relationship will not
99.11be detrimental to the client or the professional relationship.
99.12    Subd. 2. Professional boundaries. A social worker must maintain appropriate
99.13professional boundaries with a client. A social worker must not engage in practices with
99.14clients that create an unacceptable risk of client harm or of impairing a social worker's
99.15objectivity or professional judgment. A social worker must not act or fail to act in a way
99.16that, as judged by a reasonable and prudent social worker, inappropriately encourages
99.17the client to relate to the social worker outside of the boundaries of the professional
99.18relationship, or in a way that interferes with the client's ability to benefit from social work
99.19services from the social worker.
99.20    Subd. 3. Misuse of professional relationship. A social worker must not use the
99.21professional relationship with a client, student, supervisee, or intern to further the social
99.22worker's personal, emotional, financial, sexual, religious, political, or business benefit or
99.23interests.
99.24    Subd. 4. Improper termination. A social worker must not terminate a professional
99.25relationship for the purpose of beginning a personal, sexual, or business relationship
99.26with a client.
99.27    Subd. 5. Personal relationship with a client. (a) Except as provided in paragraph
99.28(b), a social worker must not engage in a personal relationship with a client that creates a
99.29risk of client harm or of impairing a social worker's objectivity or professional judgment.
99.30    (b) Notwithstanding paragraph (a), if a social worker is unable to avoid a personal
99.31relationship with a client, the social worker must take appropriate precautions, such as
99.32consultation or supervision, to address the potential for risk of client harm or of impairing
99.33a social worker's objectivity or professional judgment.
100.1    Subd. 6. Personal relationship with a former client. A social worker may
100.2engage in a personal relationship with a former client after appropriate termination of the
100.3professional relationship, except:
100.4    (1) as prohibited by subdivision 8; or
100.5    (2) if a reasonable and prudent social worker would conclude after appropriate
100.6assessment that (i) the former client is emotionally dependent on the social worker or
100.7continues to relate to the social worker as a client, or (ii) the social worker is emotionally
100.8dependent on the client or continues to relate to the former client as a social worker.
100.9    Subd. 7. Sexual conduct with a client. A social worker must not engage in or
100.10suggest sexual conduct with a client.
100.11    Subd. 8. Sexual conduct with a former client. (a) A social worker who has
100.12engaged in diagnosing, counseling, or treating a client with mental, emotional, or
100.13behavioral disorders must not engage in or suggest sexual conduct with the former client
100.14under any circumstances for a period of two years following the termination of the
100.15professional relationship. After two years following the termination of the professional
100.16relationship, a social worker who has engaged in diagnosing, counseling, or treating
100.17a client with a mental, emotional, or behavioral disorder must not engage in or suggest
100.18sexual conduct with the former client under any circumstances unless:
100.19    (1) the social worker did not intentionally or unintentionally coerce, exploit, deceive,
100.20or manipulate the former client at any time;
100.21    (2) the social worker did not represent to the former client that sexual conduct with
100.22the social worker is consistent with or part of the client's treatment;
100.23    (3) the social worker's sexual conduct was not detrimental to the former client at
100.24any time;
100.25    (4) the former client is not emotionally dependent on the social worker and does
100.26not continue to relate to the social worker as a client; and
100.27    (5) the social worker is not emotionally dependent on the client and does not
100.28continue to relate to the former client as a social worker.
100.29    (b) If there is an alleged violation of paragraph (a), the social worker assumes the
100.30full burden of demonstrating to the board that the social worker did not intentionally or
100.31unintentionally coerce, exploit, deceive, or manipulate the client, and the social worker's
100.32sexual conduct was not detrimental to the client at any time. Upon request, a social worker
100.33must provide information to the board addressing:
100.34    (1) the amount of time that has passed since termination of services;
100.35    (2) the duration, intensity, and nature of services;
100.36    (3) the circumstances of termination of services;
101.1    (4) the former client's emotional, mental, and behavioral history;
101.2    (5) the former client's current emotional, mental, and behavioral status;
101.3    (6) the likelihood of adverse impact on the former client; and
101.4    (7) the existence of actions, conduct, or statements made by the social worker during
101.5the course of services suggesting or inviting the possibility of a sexual relationship with
101.6the client following termination of services.
101.7    (c) A social worker who has provided social work services other than those
101.8described in paragraph (a) to a client must not engage in or suggest sexual conduct
101.9with the former client if a reasonable and prudent social worker would conclude after
101.10appropriate assessment that engaging in such behavior with the former client would create
101.11an unacceptable risk of harm to the former client.
101.12    Subd. 9. Sexual conduct with student, supervisee, or intern. (a) A social worker
101.13must not engage in or suggest sexual conduct with a student while the social worker has
101.14authority over any part of the student's academic program.
101.15    (b) A social worker supervising an intern must not engage in or suggest sexual
101.16conduct with the intern during the course of the internship.
101.17    (c) A social worker practicing social work as a supervisor must not engage in or
101.18suggest sexual conduct with a supervisee during the period of supervision.
101.19    Subd. 10. Sexual harassment. A social worker must not engage in any physical,
101.20oral, written, or electronic behavior that a client, former client, student, supervisee, or
101.21intern may reasonably interpret as sexually harassing or sexually demeaning.
101.22    Subd. 11. Business relationship with client. A social worker must not purchase
101.23goods or services from a client or otherwise engage in a business relationship with a
101.24client except when:
101.25    (1) a social worker purchases goods or services from the client and a reasonable and
101.26prudent social worker would determine that it is not practical or reasonable to obtain the
101.27goods or services from another provider; and
101.28    (2) engaging in the business relationship will not be detrimental to the client or the
101.29professional relationship.
101.30    Subd. 12. Business relationship with former client. A social worker may purchase
101.31goods or services from a former client or otherwise engage in a business relationship with
101.32a former client after appropriate termination of the professional relationship unless a
101.33reasonable and prudent social worker would conclude after appropriate assessment that:
101.34    (1) the former client is emotionally dependent on the social worker and purchasing
101.35goods or services from the former client or otherwise engaging in a business relationship
101.36with the former client would be detrimental to the former client; or
102.1    (2) the social worker is emotionally dependent on the former client and purchasing
102.2goods or services from the former client or otherwise engaging in a business relationship
102.3with the former client would be detrimental to the former client.
102.4    Subd. 13. Previous sexual, personal, or business relationship. (a) A social worker
102.5must not engage in a social worker/client relationship with an individual with whom the
102.6social worker had a previous sexual relationship.
102.7    (b) A social worker must not engage in a social worker/client relationship with an
102.8individual with whom the social worker had a previous personal or business relationship if
102.9a reasonable and prudent social worker would conclude after appropriate assessment that
102.10the social worker/client relationship would create an unacceptable risk of client harm or
102.11that the social worker's objectivity or professional judgment may be impaired.
102.12    Subd. 14. Giving alcohol or other drugs to client. (a) Unless authorized by law, a
102.13social worker must not offer medication or controlled substances to a client.
102.14    (b) A social worker must not accept medication or controlled substances from
102.15a client, except that if authorized by law, a social worker may accept medication or
102.16controlled substances from a client for purposes of disposal or to monitor use.
102.17    (c) A social worker must not offer alcoholic beverages to a client except when
102.18the offer is authorized or prescribed by a physician or is offered according to a client's
102.19care plan.
102.20    (d) A social worker must not accept alcoholic beverages from a client.
102.21    Subd. 15. Relationship with client's family or household member. Subdivisions
102.221 to 14 apply to a social worker's relationship with a client's family or household member
102.23when a reasonable and prudent social worker would conclude after appropriate assessment
102.24that a relationship with a family or household member would create an unacceptable
102.25risk of harm to the client.

102.26    Sec. 109. [148E.225] TREATMENT AND INTERVENTION SERVICES.
102.27    Subdivision 1. Assessment or diagnosis. A social worker must base treatment and
102.28intervention services on an assessment or diagnosis. A social worker must evaluate, on an
102.29ongoing basis, the appropriateness of the assessment or diagnosis.
102.30    Subd. 2. Assessment or diagnostic instruments. A social worker must not use
102.31an assessment or diagnostic instrument without adequate training. A social worker
102.32must follow standards and accepted procedures for using an assessment or diagnostic
102.33instrument. A social worker must inform a client of the purpose before administering the
102.34instrument and must make the results available to the client.
103.1    Subd. 3. Plan for services. A social worker must develop a plan for services that
103.2includes goals based on the assessment or diagnosis. A social worker must evaluate, on an
103.3ongoing basis, the appropriateness of the plan and the client's progress toward the goals.
103.4    Subd. 4. Records. (a) A social worker must make and maintain current and
103.5accurate records, appropriate to the circumstances, of all services provided to a client. At
103.6a minimum, the records must contain documentation of:
103.7    (1) the assessment or diagnosis;
103.8    (2) the content of the service plan;
103.9    (3) progress with the plan and any revisions of assessment, diagnosis, or plan;
103.10    (4) any fees charged and payments made;
103.11    (5) copies of all client-written authorizations for release of information; and
103.12    (6) other information necessary to provide appropriate services.
103.13    (b) These records must be maintained by the social worker for at least seven years
103.14after the last date of service to the client. Social workers who are employed by an agency
103.15or other entity are not required to:
103.16    (1) maintain personal or separate records; or
103.17    (2) personally retain records at the conclusion of their employment.
103.18    Subd. 5. Termination of services. A social worker must terminate a professional
103.19relationship with a client when the social worker reasonably determines that the client
103.20is not likely to benefit from continued services or the services are no longer needed,
103.21unless the social worker is required by law to provide services. A social worker who
103.22anticipates terminating services must give reasonable notice to the client in a manner that
103.23is appropriate to the needs of the client. The social worker must provide appropriate
103.24referrals as needed or upon request of the client.

103.25    Sec. 110. [148E.230] CONFIDENTIALITY AND RECORDS.
103.26    Subdivision 1. Informed consent. (a) A social worker must obtain valid, informed
103.27consent, appropriate to the circumstances, before providing services to clients. When
103.28obtaining informed consent, the social worker must determine whether the client has the
103.29capacity to provide informed consent. If the client does not have the capacity to provide
103.30consent, the social worker must obtain consent for the services from the client's legal
103.31representative. The social worker must not provide services, unless authorized or required
103.32by law, if the client or the client's legal representative does not consent to the services.
103.33    (b) If a social worker determines that a client does not have the capacity to provide
103.34consent, and the client does not have a legal representative, the social worker:
104.1    (1) must, except as provided in clause (2), secure a legal representative for a client
104.2before providing services; or
104.3    (2) may, notwithstanding clause (1), provide services, except when prohibited by
104.4other applicable law, that are necessary to ensure the client's safety or to preserve the
104.5client's property or financial resources.
104.6    (c) A social worker must use clear and understandable language, including using an
104.7interpreter proficient in the client's primary language as necessary, to inform clients of
104.8the plan of services, risks related to the plan, limits to services, relevant costs, terms of
104.9payment, reasonable alternatives, the client's right to refuse or withdraw consent, and the
104.10time frame covered by the consent.
104.11    Subd. 2. Mandatory reporting and disclosure of client information. At the
104.12beginning of a professional relationship and during the professional relationship as
104.13necessary and appropriate, a social worker must inform the client of those circumstances
104.14under which the social worker may be required to disclose client information specified in
104.15subdivision 3, paragraph (a), without the client's consent.
104.16    Subd. 3. Confidentiality of client information. (a) A social worker must ensure the
104.17confidentiality of all client information obtained in the course of the social worker/client
104.18relationship and all client information otherwise obtained by the social worker that is
104.19relevant to the social worker/client relationship. Except as provided in this section,
104.20client information may be disclosed or released only with the client's or the client's legal
104.21representative's valid informed consent, appropriate to the circumstances, except when
104.22otherwise required by law. A social worker must seek consent to disclose or release
104.23client information only when such disclosure or release is necessary to provide social
104.24work services.
104.25    (b) A social worker must continue to maintain confidentiality of the client
104.26information specified in paragraph (a) upon termination of the professional relationship
104.27including upon the death of the client, except as provided under this section or other
104.28applicable law.
104.29    (c) A social worker must limit access to the client information specified in paragraph
104.30(a) in a social worker's agency to appropriate agency staff whose duties require access.
104.31    Subd. 4. Release of client information with written informed consent. (a) Except
104.32as provided in subdivision 5, client information specified in subdivision 3, paragraph (a),
104.33may be released only with the client's or the client's legal representative's written informed
104.34consent. The written informed consent must:
104.35    (1) explain to whom the client's records may be released;
104.36    (2) explain the purpose for the release; and
105.1    (3) state an expiration date for the authorized release of the records.
105.2    (b) A social worker may provide client information specified in subdivision 3,
105.3paragraph (a), to a third party for the purpose of payment for services rendered only
105.4with the client's written informed consent.
105.5    (c) Except as provided in subdivision 5, a social worker may disclose client
105.6information specified in subdivision 3, paragraph (a), only with the client's or the client's
105.7legal representative's written informed consent. When it is not practical to obtain written
105.8informed consent before providing necessary services, a social worker may disclose
105.9or release client information with the client's or the client's legal representative's oral
105.10informed consent.
105.11    (d) Unless otherwise authorized by law, a social worker must obtain a client's written
105.12informed consent before taking a photograph of the client or making an audio or video
105.13recording of the client, or allowing a third party to do the same. The written informed
105.14consent must explain:
105.15    (1) the purpose of the photograph or the recording and how the photograph or
105.16recording will be used, how it will be stored, and when it will be destroyed; and
105.17    (2) how the client may have access to the photograph or recording.
105.18    Subd. 5. Release of client information without written informed consent. (a) A
105.19social worker may disclose client information specified in subdivision 3, paragraph (a),
105.20without the written consent of the client or the client's legal representative only under the
105.21following circumstances or under the circumstances described in paragraph (b):
105.22    (1) when mandated or authorized by federal or state law, including the mandatory
105.23reporting requirements under the duty to warn, maltreatment of minors, and vulnerable
105.24adult laws specified in section 148E.240, subdivisions 6 to 8;
105.25    (2) when the board issues a subpoena to the social worker; or
105.26    (3) when a court of competent jurisdiction orders release of the client records
105.27or information.
105.28    (b) When providing services authorized or required by law to a client who does
105.29not have the capacity to provide consent and who does not have a legal representative,
105.30a social worker must disclose or release client records or information as necessary to
105.31provide services to ensure the client's safety or to preserve the client's property or financial
105.32resources.
105.33    Subd. 6. Release of client records or information. When releasing client records
105.34or information under this section, a social worker must release current, accurate, and
105.35complete records or information.

106.1    Sec. 111. [148E.235] FEES AND BILLING PRACTICES.
106.2    Subdivision 1. Fees and payments. (a) A social worker must ensure that a client or
106.3a client's legal representative is informed of all fees at the initial session or meeting with
106.4the client, and that payment for services is arranged with the client or the client's legal
106.5representative at the beginning of the professional relationship. Upon request from a client
106.6or a client's legal representative, a social worker must provide in a timely manner a written
106.7payment plan or a written explanation of the charges for any services rendered.
106.8    (b) When providing services authorized or required by law to a client who does not
106.9have the capacity to provide consent and who does not have a legal representative, a social
106.10worker may submit reasonable bills to an appropriate payer for services provided.
106.11    Subd. 2. Billing for services not provided. A social worker must not bill for
106.12services that have not been provided except that, with prior notice to the client, a social
106.13worker may bill for failed appointments or for cancellations without sufficient notice. A
106.14social worker may bill only for provided services which are necessary and appropriate.
106.15Financial responsibility for failed appointment billings resides solely with the client and
106.16such costs may not be billed to public or private payers.
106.17    Subd. 3. No payment for referrals. A social worker must not accept or give a
106.18commission, rebate, or other form of remuneration solely or primarily to profit from the
106.19referral of a client.
106.20    Subd. 4. Fees and billing practices. A social worker must not engage in improper
106.21or fraudulent billing practices, including, but not limited to, violations of the federal
106.22Medicare and Medicaid laws or state medical assistance laws.

106.23    Sec. 112. [148E.240] REPORTING REQUIREMENTS.
106.24    Subdivision 1. Failure to self-report adverse actions. The board has grounds to
106.25take action under sections 148E.255 to 148E.270 when a social worker fails to report to
106.26the board within 90 days:
106.27    (1) having been disciplined, sanctioned, or found to have violated a state, territorial,
106.28provincial, or foreign licensing agency's laws or rules;
106.29    (2) having been convicted of committing a felony, gross misdemeanor, or
106.30misdemeanor reasonably related to the practice of social work;
106.31    (3) having had a finding or verdict of guilt, whether or not the adjudication of guilt
106.32is withheld or not entered, of committing a felony, gross misdemeanor, or misdemeanor
106.33reasonably related to the practice of social work;
107.1    (4) having admitted to committing, or entering a no contest plea to committing, a
107.2felony, gross misdemeanor, or misdemeanor reasonably related to the practice of social
107.3work; or
107.4    (5) having been denied licensure by a state, territorial, provincial, or foreign
107.5licensing agency.
107.6    Subd. 2. Failure to submit application information. The board has grounds to
107.7take action under sections 148E.255 to 148E.270 when an applicant or licensee fails to
107.8submit with an application the following information:
107.9    (1) the dates and dispositions of any malpractice settlements or awards made relating
107.10to the social work services provided by the applicant or licensee; or
107.11    (2) the dates and dispositions of any civil litigations or arbitrations relating to the
107.12social work services provided by the applicant or licensee.
107.13    Subd. 3. Reporting other licensed health professionals. An applicant or licensee
107.14must report to the appropriate health-related licensing board conduct by a licensed health
107.15professional which would constitute grounds for disciplinary action under the statutes
107.16and rules enforced by that board.
107.17    Subd. 4. Reporting unlicensed practice. An applicant or licensee must report
107.18to the board conduct by an unlicensed person which constitutes the practice of social
107.19work, as defined in section 148E.010, except when the unlicensed person is exempt from
107.20licensure according to section 148E.065.
107.21    Subd. 5. Failure to report other applicants or licensees; unlicensed practice.
107.22    The board has grounds to take action under sections 148E.255 to 148E.270 when an
107.23applicant or licensee fails to report to the board conduct:
107.24    (1) by another licensee or applicant which the applicant or licensee has reason to
107.25believe may reasonably constitute grounds for disciplinary action under this section; or
107.26    (2) by an unlicensed person that constitutes the practice of social work when a
107.27license is required to practice social work.
107.28    Subd. 6. Duty to warn. A licensee must comply with the duty to warn established
107.29by section 148.975.
107.30    Subd. 7. Reporting maltreatment of minors. An applicant or licensee must
107.31comply with the reporting of maltreatment of minors established by section 626.556.
107.32    Subd. 8. Reporting maltreatment of vulnerable adults. An applicant or licensee
107.33must comply with the reporting of maltreatment of vulnerable adults established by
107.34section 626.557.
108.1    Subd. 9. Subpoenas. The board may issue subpoenas according to section
108.2148E.245 and chapter 214 for the production of any reports required by this section or
108.3any related documents.

108.4    Sec. 113. [148E.245] INVESTIGATIVE POWERS AND PROCEDURES.
108.5    Subdivision 1. Subpoenas. (a) The board may issue subpoenas and compel the
108.6attendance of witnesses and the production of all necessary papers, books, records,
108.7documents, and other evidentiary material as part of its investigation of an applicant or
108.8licensee under this section or chapter 214.
108.9    (b) If any person fails or refuses to appear or testify regarding any matter about which
108.10the person may be lawfully questioned, or fails or refuses to produce any papers, books,
108.11records, documents, or other evidentiary materials in the matter to be heard, after having
108.12been required by order of the board or by a subpoena of the board to do so, the board may
108.13institute a proceeding in any district court to enforce the board's order or subpoena.
108.14    (c) The board or a designated member of the board acting on behalf of the board
108.15may issue subpoenas or administer oaths to witnesses or take affirmations. Depositions
108.16may be taken within or out of the state in the manner provided by law for the taking of
108.17depositions in civil actions.
108.18    (d) A subpoena or other process or paper may be served upon any person named
108.19therein, by mail or by any officer authorized to serve subpoenas or other process or paper
108.20in civil actions, with the same fees and mileage and in the same manner as prescribed by
108.21law for service of process issued out of the district court of this state.
108.22    (e) Fees, mileage, and other costs must be paid as the board directs.
108.23    Subd. 2. Classification of data. (a) Any records obtained as part of an investigation
108.24must be treated as investigative data under section 13.41 and be classified as confidential
108.25data.
108.26    (b) Notwithstanding paragraph (a), client records must be treated as private data
108.27under chapter 13. Client records must be protected as private data in the records of the
108.28board and in administrative or judicial proceedings unless the client authorizes the board
108.29in writing to make public the identity of the client or a portion or all of the client's records.
108.30    Subd. 3. Mental or physical examination; chemical dependency evaluation. (a)
108.31If the board (1) has probable cause to believe that an applicant or licensee has violated
108.32a statute or rule enforced by the board or an order issued by the board; and (2) believes
108.33the applicant may have a health-related condition relevant to the violation, the board may
108.34issue an order directing the applicant or licensee to submit to one or more of the following:
108.35a mental examination, a physical examination, or a chemical dependency evaluation.
109.1    (b) An examination or evaluation order issued by the board must include:
109.2    (1) factual specifications on which the order is based;
109.3    (2) the purpose of the examination or evaluation;
109.4    (3) the name of the person or entity that will conduct the examination or evaluation;
109.5and
109.6    (4) the means by which the examination or evaluation will be paid for.
109.7    (c) Every applicant or licensee must submit to a mental examination, a physical
109.8examination, or a chemical dependency evaluation when ordered to do so in writing
109.9by the board.
109.10    (d) By submitting to a mental examination, a physical examination, or a chemical
109.11dependency evaluation, an applicant or licensee waives all objections to the admissibility
109.12of the examiner or evaluator's testimony or reports on the grounds that the testimony or
109.13reports constitute a privileged communication.
109.14    Subd. 4. Failure to submit to an examination. (a) If an applicant or licensee fails
109.15to submit to an examination or evaluation ordered by the board according to subdivision 3,
109.16unless the failure was due to circumstances beyond the control of the applicant or licensee,
109.17the failure is an admission that the applicant or licensee violated a statute or rule enforced
109.18by the board as specified in the examination or evaluation order issued by the board.
109.19The failure may result in an application being denied or other adversarial, corrective, or
109.20disciplinary action being taken by the board without a contested case hearing.
109.21    (b) If an applicant or licensee requests a contested case hearing after the board
109.22denies an application or takes other disciplinary or adversarial action, the only issues
109.23which may be determined at the hearing are:
109.24    (1) whether the board had probable cause to issue the examination or evaluation
109.25order; and
109.26    (2) whether the failure to submit to the examination or evaluation was due to
109.27circumstances beyond the control of the applicant or licensee.
109.28    (c) Neither the record of a proceeding under this subdivision nor an order issued
109.29by the board may be admissible, subject to subpoena, or be used against the applicant or
109.30licensee in a proceeding in which the board is not a party or decision maker.
109.31    (d) Information obtained under this subdivision must be treated as private data under
109.32chapter 13. An order issued by the board as the result of an applicant's or licensee's failure
109.33to submit to an examination or evaluation must be treated as public data under chapter 13.
109.34    Subd. 5. Access to data and records. (a) In addition to ordering a physical or
109.35mental examination or chemical dependency evaluation, and notwithstanding section
109.3613.384, 144.651, 595.02, or any other statute limiting access to health records, the board
110.1or a designated member of the board acting on behalf of the board may subpoena physical,
110.2mental, and chemical dependency health records relating to an applicant or licensee
110.3without the applicant's or licensee's consent if:
110.4    (1) the board has probable cause to believe that the applicant or licensee has violated
110.5chapter 214, a statute or rule enforced by the board, or an order issued by the board; and
110.6    (2) the board has reason to believe that the records are relevant and necessary to the
110.7investigation.
110.8    (b) An applicant, licensee, insurance company, government agency, health care
110.9facility, or provider as defined in section 144.335, subdivision 1, paragraph (b), must
110.10comply with any subpoena of the board under this subdivision and is not liable in
110.11any action for damages for releasing information subpoenaed by the board under this
110.12subdivision unless the information provided is false and the person or entity providing the
110.13information knew or had reason to know that the information was false.
110.14    (c) Information on individuals obtained under this subdivision must be treated as
110.15investigative data under section 13.41 and be classified as confidential data.
110.16    (d) If an applicant, licensee, person, or entity does not comply with any subpoena of
110.17the board under this subdivision, the board may institute a proceeding in any district court
110.18to enforce the board's subpoena.
110.19    Subd. 6. Evidence of past sexual conduct. If, in a proceeding for taking action
110.20against an applicant or licensee under this section, the charges involve sexual contact with
110.21a client or former client, the board or administrative law judge must not consider evidence
110.22of the client's or former client's previous sexual conduct. Reference to the client's or
110.23former client's previous sexual conduct must not be made during the proceedings or in the
110.24findings, except by motion of the complainant, unless the evidence would be admissible
110.25under the applicable provisions of section 609.347, subdivision 3.
110.26    Subd. 7. Investigations involving vulnerable adults or children in need of
110.27protection. (a) Except as provided in paragraph (b), if the board receives a complaint
110.28about a social worker regarding the social worker's involvement in a case of vulnerable
110.29adults or children in need of protection, the county or other appropriate public authority
110.30may request that the board suspend its investigation, and the board must comply until such
110.31time as the court issues its findings on the case.
110.32    (b) Notwithstanding paragraph (a), the board may continue with an investigation if
110.33the board determines that doing so is in the best interests of the vulnerable adult or a child
110.34in need of protection and is consistent with the board's obligation to protect the public. If
110.35the board chooses to continue an investigation, the board must notify the county or other
110.36appropriate public authority in writing and state its reasons for doing so.
111.1    Subd. 8. Notification of complainant. (a) In no more than 14 calendar days after
111.2receiving a complaint regarding a licensee, the board must notify the complainant that the
111.3board has received the complaint.
111.4    (b) The board must periodically notify the complainant of the status of the complaint.
111.5    Subd. 9. Notification of licensee. (a) Except as provided in paragraph (b), in no
111.6more than 60 calendar days after receiving a complaint regarding a licensee, the board must
111.7notify the licensee that the board has received the complaint and inform the licensee of:
111.8    (1) the substance of the complaint;
111.9    (2) the sections of the law that allegedly have been violated; and
111.10    (3) whether an investigation is being conducted.
111.11    (b) Paragraph (a) does not apply if:
111.12    (1) the board determines that such notice would compromise the board's investigation
111.13according to section 214.10; or
111.14    (2) the board determines that such notice cannot reasonably be accomplished within
111.15this time.
111.16    (c) The board must periodically notify the licensee of the status of the complaint.
111.17    Subd. 10. Resolution of complaints. In no more than one year after receiving a
111.18complaint regarding a licensee, the board must resolve or dismiss the complaint unless
111.19the board determines that resolving or dismissing the complaint cannot reasonably be
111.20accomplished within this time.

111.21    Sec. 114. [148E.250] OBLIGATION TO COOPERATE.
111.22    Subdivision 1. Obligation to cooperate. An applicant or licensee who is the subject
111.23of an investigation, or who is questioned by or on behalf of the board in connection with
111.24an investigation, must cooperate fully with the investigation. Cooperation includes, but is
111.25not limited to:
111.26    (1) responding fully and promptly to any question relating to the investigation;
111.27    (2) as reasonably requested by the board, providing copies of client and other records
111.28in the applicant's or licensee's possession relating to the investigation;
111.29    (3) executing release of records as reasonably requested by the board; and
111.30    (4) appearing at conferences, hearings, or meetings scheduled by the board, as
111.31required in sections 148E.255 to 148E.270 and chapter 214.
111.32    Subd. 2. Investigation. A social worker must not knowingly withhold relevant
111.33information, give false or misleading information, or do anything to obstruct an
111.34investigation of the social worker or another social worker by the board or by another state
111.35or federal regulatory or law enforcement authority.
112.1    Subd. 3. Payment for copies. The board must pay for copies requested by the board.
112.2    Subd. 4. Access to client records. Notwithstanding any law to the contrary, an
112.3applicant or licensee must allow the board access to any records of a client provided
112.4services by the applicant or licensee under investigation. If the client has not signed a
112.5consent permitting access to the client's records, the applicant or licensee must delete any
112.6data in the records that identifies the client before providing the records to the board.
112.7    Subd. 5. Classification of data. Any records obtained according to this subdivision
112.8must be treated as investigative data according to section 13.41 and be classified as
112.9confidential data.

112.10    Sec. 115. [148E.255] TYPES OF ACTIONS.
112.11    Subdivision 1. Actions. The board may take disciplinary action according to
112.12section 148E.260, adversarial but nondisciplinary action according to section 148E.265,
112.13or voluntary action according to section 148E.270. Any action taken under sections
112.14148E.260 to 148E.270 is public data.
112.15    Subd. 2. Disciplinary action. For purposes of section 148E.260, "disciplinary
112.16action" means an action taken by the board against an applicant or licensee that addresses
112.17a complaint alleging a violation of a statute or rule the board is empowered to enforce.
112.18    Subd. 3. Adversarial but nondisciplinary action. For purposes of section
112.19148E.265, "adversarial but nondisciplinary action" means a nondisciplinary action taken
112.20by the board that addresses a complaint alleging a violation of a statute or rule the board
112.21is empowered to enforce.
112.22    Subd. 4. Voluntary action. For purposes of section 148E.270, "voluntary action"
112.23means a nondisciplinary action agreed to by the board or a designated board member and
112.24an applicant or licensee that, through educational or other corrective means, addresses a
112.25complaint alleging a violation of a statute or rule that the board is empowered to enforce.

112.26    Sec. 116. [148E.260] DISCIPLINARY ACTIONS.
112.27    Subdivision 1. General disciplinary actions. (a) When the board has grounds for
112.28disciplinary actions under this chapter, the board may take one or more of the following
112.29disciplinary actions:
112.30    (1) deny an application;
112.31    (2) permanently revoke a license to practice social work;
112.32    (3) indefinitely or temporarily suspend a license to practice social work;
112.33    (4) impose restrictions on a licensee's scope of practice;
113.1    (5) impose conditions required for the licensee to maintain licensure, including,
113.2but not limited to, additional education, supervision, and requiring the passing of an
113.3examination provided for in section 148E.055;
113.4    (6) reprimand a licensee;
113.5    (7) impose a civil penalty of up to $10,000 for each violation in order to discourage
113.6future violations or to deprive the licensee of any economic advantage gained by reason
113.7of the violation; or
113.8    (8) impose a fee to reimburse the board for all or part of the cost of the proceedings
113.9resulting in disciplinary action, including, but not limited to, the amount paid by the board
113.10for services received from or expenses incurred by the Office of Administrative Hearings,
113.11the Office of the Attorney General, court reporters, witnesses, board members, board staff,
113.12or the amount paid by the board for reproducing records.
113.13    (b) Disciplinary action taken by the board under this subdivision is in effect pending
113.14determination of an appeal unless the court, upon petition and for good cause shown,
113.15decides otherwise.
113.16    Subd. 2. Reprimands. (a) In addition to the board's authority to issue a reprimand
113.17according to subdivision 1, a designated board member reviewing a complaint as provided
113.18for in chapter 214 may issue a reprimand to a licensee. The designated board member
113.19must notify the licensee that the reprimand will become final disciplinary action unless the
113.20licensee requests a hearing by the board within 14 calendar days.
113.21    (b) If the licensee requests a hearing within 14 calendar days, the board must
113.22schedule a hearing unless the designated board member withdraws the reprimand.
113.23    (c) The hearing must be scheduled within 14 working days of the time the licensee
113.24submits a request for the hearing.
113.25    (d) The designated board member who issued the reprimand may participate in the
113.26hearing but must not deliberate or vote on the decision by the board.
113.27    (e) The only evidence permitted at the hearing is affidavits or other documents
113.28except for testimony by the licensee or other witnesses whose testimony the board chair
113.29has authorized for good cause.
113.30    (f) If testimony is authorized, the testimony is subject to cross-examination.
113.31    (g) After the hearing, the board must affirm or dismiss the reprimand.
113.32    Subd. 3. Temporary suspensions. (a) In addition to any other remedy provided
113.33by statute, the board or a designated board member may, without a hearing, temporarily
113.34suspend a license to practice social work if the board or the designated board member
113.35finds that:
114.1    (1) the licensee has violated a statute or rule enforced by the board, any other federal
114.2or state law or rule related to the practice of social work, or an order, stipulation, or
114.3agreement agreed to or issued by the board; and
114.4    (2) continued practice by the licensee would create a serious risk of harm to others.
114.5    (b) The suspension is in effect upon service of a written order on the licensee
114.6specifying the statute, rule, order, stipulation, or agreement violated. Service of the order
114.7is effective if the order is served on the licensee or the licensee's attorney personally or
114.8by first class mail to the most recent address provided to the board for the licensee or the
114.9licensee's attorney.
114.10    (c) The temporary suspension remains in effect until after the board issues an order
114.11according to paragraph (e), or if there is a contested case hearing, after the board issues a
114.12written final order according to paragraph (g).
114.13    (d) If the licensee requests in writing within five calendar days of service of the
114.14order that the board hold a hearing, the board must hold a hearing on the sole issue of
114.15whether to continue, modify, or lift the suspension. The board must hold the hearing
114.16within ten working days of receipt of the licensee's written request. Evidence presented
114.17by the board or licensee must be in affidavit form only, except that the licensee or the
114.18licensee's attorney may present oral argument.
114.19    (e) Within five working days after the hearing, the board must issue its order. If
114.20the licensee contests the order, the board must schedule a contested case hearing under
114.21chapter 14. The contested case hearing must be scheduled to occur within 45 calendar
114.22days after issuance of the order.
114.23    (f) The administrative law judge must issue a report within 30 calendar days after
114.24the contested case hearing is concluded.
114.25    (g) The board must issue a final order within 30 calendar days after the board
114.26receives the administrative law judge's report.

114.27    Sec. 117. [148E.265] ADVERSARIAL BUT NONDISCIPLINARY ACTIONS.
114.28    Subdivision 1. Automatic suspensions. (a) A license to practice social work is
114.29automatically suspended if:
114.30    (1) a guardian of a licensee is appointed by order of a court according to sections
114.31524.5-101 and 524.5-102; or
114.32    (2) the licensee is committed by order of a court according to chapter 253B.
114.33    (b) A license remains suspended until:
114.34    (1) the licensee is restored to capacity by a court; and
115.1    (2) upon petition by the licensee and after a hearing or an agreement with the
115.2licensee, the board terminates the suspension.
115.3    (c) If the board terminates the suspension, it may do so with or without conditions
115.4or restrictions, including, but not limited to, participation in the health professional
115.5services program.
115.6    Subd. 2. Cease and desist orders. (a) The board or a designated board member
115.7may issue a cease and desist order to stop a person from engaging in unauthorized practice
115.8or from violating or threatening to violate a statute or rule enforced by the board or an
115.9order, stipulation, or agreement agreed to or issued by the board.
115.10    (b) The cease and desist order must state the reason for its issuance and give notice
115.11of the person's right to request a hearing under sections 14.57 to 14.62. If the person fails
115.12to request a hearing in writing postmarked within 15 calendar days after service of the
115.13cease and desist order, the order is the final order of the board and is not reviewable by
115.14a court or agency.
115.15    (c) If the board receives a written request for a hearing postmarked within 15
115.16calendar days after service of the cease and desist order, the board must schedule a hearing
115.17within 30 calendar days of receiving the request.
115.18    (d) The administrative law judge must issue a report within 30 calendar days after
115.19the contested case hearing is concluded.
115.20    (e) Within 30 calendar days after the board receives the administrative law judge's
115.21report, the board must issue a final order modifying, vacating, or making permanent
115.22the cease and desist order. The final order remains in effect until modified or vacated
115.23by the board.
115.24    (f) If a person does not comply with a cease and desist order, the board may institute
115.25a proceeding in any district court to obtain injunctive relief or other appropriate relief,
115.26including but not limited to, a civil penalty payable to the board of up to $10,000 for
115.27each violation.
115.28    (g) A cease and desist order issued according to this subdivision does not relieve a
115.29person from criminal prosecution by a competent authority or from disciplinary action
115.30by the board.
115.31    Subd. 3. Injunctive relief. (a) In addition to any other remedy provided by law, the
115.32board may bring an action in district court for injunctive relief to restrain any unauthorized
115.33practice or violation or threatened violation of any statute or rule, stipulation, or agreement
115.34agreed to or enforced by the board or an order issued by the board.
115.35    (b) A temporary restraining order may be granted in the proceeding if continued
115.36activity by a person would create an imminent risk of harm to others.
116.1    (c) Injunctive relief granted according to this subdivision does not relieve a person
116.2from criminal prosecution by a competent authority or from disciplinary action by the
116.3board.
116.4    (d) In bringing an action for injunctive relief, the board need not show irreparable
116.5harm.

116.6    Sec. 118. [148E.270] VOLUNTARY ACTIONS.
116.7    Subdivision 1. Agreements for corrective action. (a) The board or a designated
116.8board member may enter into an agreement for corrective action with an applicant or
116.9licensee when the board or a designated board member determines that a complaint
116.10alleging a violation of a statute or rule enforced by the board or an order issued by the
116.11board may best be resolved through an agreement for corrective action when disciplinary
116.12action is not required to protect the public.
116.13    (b) An agreement for corrective action must:
116.14    (1) be in writing;
116.15    (2) specify the facts upon which the agreement is based;
116.16    (3) clearly indicate the corrective action agreed upon; and
116.17    (4) provide that the complaint that resulted in the agreement must be dismissed by the
116.18board or the designated board member upon successful completion of the corrective action.
116.19    (c) The board or designated board member may determine successful completion
116.20when the applicant or licensee submits a request for dismissal that documents the
116.21applicant's or licensee's successful completion of the corrective action. The burden of
116.22proof is on the applicant or licensee to prove successful completion.
116.23    (d) An agreement for corrective action is not disciplinary action but must be treated
116.24as public data under chapter 13.
116.25    (e) The board may impose a fee to reimburse the board for all or part of the costs
116.26of the proceedings resulting in a corrective action, including, but not limited to, the
116.27amount paid by the board for services received from or expenses incurred by the Office
116.28of the Attorney General, board members, board staff, or the amount paid by the board
116.29for reproducing records.
116.30    (f) The board or designated board member must not enter into an agreement for
116.31corrective action when the complaint alleged sexual conduct with a client unless there is
116.32insufficient evidence to justify disciplinary action but there is a basis for corrective action.
116.33    Subd. 2. Stipulations to cease practicing social work. (a) The board or a
116.34designated board member may enter into a stipulation to cease practicing social work with
116.35a licensee if the board or designated board member determines that the licensee is unable
117.1to practice social work competently or safely or that the social worker's continued practice
117.2creates an unacceptable risk of safety to clients, potential clients, or the public.
117.3    (b) A stipulation to cease practicing social work must:
117.4    (1) be in writing;
117.5    (2) specify the facts upon which the stipulation is based;
117.6    (3) clearly indicate that the licensee must not practice social work and must not hold
117.7out to the public that the social worker is licensed; and
117.8    (4) specify the term of the stipulation or when and under what circumstances the
117.9licensee may petition the board for termination of the stipulation.
117.10    (c) A stipulation to cease practicing social work is not disciplinary action but must
117.11be treated as public data under chapter 13.
117.12    (d) Nothing in this subdivision prevents the board or designated board member
117.13from taking any other disciplinary or adversarial action authorized by sections 148E.255
117.14to 148E.265 in lieu of or in addition to entering into a stipulation to cease practicing
117.15social work.

117.16    Sec. 119. [148E.275] UNAUTHORIZED PRACTICE.
117.17    No individual may:
117.18    (1) engage in the practice of social work without a social work license under
117.19sections 148E.055 and 148E.060, except when the individual is exempt from licensure
117.20according to section 148E.065;
117.21    (2) provide social work services to a client who resides in this state when the
117.22individual providing the services is not licensed as a social worker according to sections
117.23148E.055 to 148E.060, except when the individual is exempt from licensure according to
117.24section 148E.065.

117.25    Sec. 120. [148E.280] USE OF TITLES.
117.26    No individual may be presented to the public by any title incorporating the words
117.27"social work" or "social worker" or in the titles in section 148E.195, unless that individual
117.28holds a license under sections 148E.055 and 148E.060, or practices in a setting exempt
117.29from licensure under section 148E.065.

117.30    Sec. 121. [148E.285] REPORTING REQUIREMENTS.
117.31    Subdivision 1. Institutions. A state agency, political subdivision, agency of a local
117.32unit of government, private agency, hospital, clinic, prepaid medical plan, or other health
117.33care institution or organization must report to the board:
118.1    (1) any adversarial action, disciplinary action, or other sanction for conduct that
118.2might constitute grounds for action under section 148E.190;
118.3    (2) the resignation of any applicant or licensee prior to the conclusion of any
118.4proceeding for adversarial action, disciplinary action, or other sanction for conduct that
118.5might constitute grounds for action under section 148E.190; or
118.6    (3) the resignation of any applicant or licensee prior to the commencement of a
118.7proceeding for adversarial action, disciplinary action, or other sanction for conduct that
118.8might constitute grounds for action under section 148E.190, but after the applicant or
118.9licensee had knowledge that a proceeding was contemplated or in preparation.
118.10    Subd. 2. Professional societies and associations. A state or local professional
118.11society or association whose members consist primarily of licensed social workers must
118.12report to the board any adversarial action, disciplinary action, or other sanction taken
118.13against a member.
118.14    Subd. 3. Immunity. An individual, professional society or association, state agency,
118.15political subdivision, agency of a local unit of government, private agency, hospital,
118.16clinic, prepaid medical plan, other health care institution or organization, or other entity is
118.17immune from civil liability or criminal prosecution for submitting in good faith a report
118.18under subdivision 1 or 2 or for otherwise reporting, providing information, or testifying
118.19about violations or alleged violations of this chapter.

118.20    Sec. 122. [148E.290] PENALTIES.
118.21    An individual or other entity that violates section 148E.275, 148E.280, or 148E.285
118.22is guilty of a misdemeanor.

118.23    Sec. 123. Minnesota Statutes 2006, section 151.01, is amended by adding a subdivision
118.24to read:
118.25    Subd. 31. Electronic signature. "Electronic signature" means an electronic sound,
118.26symbol, or process attached to or associated with a record and executed or adopted by a
118.27person with the intent to sign the record.

118.28    Sec. 124. Minnesota Statutes 2006, section 151.01, is amended by adding a subdivision
118.29to read:
118.30    Subd. 32. Electronic transmission. "Electronic transmission" means transmission
118.31of information in electronic form.

118.32    Sec. 125. Minnesota Statutes 2006, section 151.06, subdivision 1, is amended to read:
119.1    Subdivision 1. Generally; rules. (a) Powers and duties. The Board of Pharmacy
119.2shall have the power and it shall be its duty:
119.3    (1) to regulate the practice of pharmacy;
119.4    (2) to regulate the manufacture, wholesale, and retail sale of drugs within this state;
119.5    (3) to regulate the identity, labeling, purity, and quality of all drugs and medicines
119.6dispensed in this state, using the United States Pharmacopeia and the National Formulary,
119.7or any revisions thereof, or standards adopted under the federal act as the standard;
119.8    (4) to enter and inspect by its authorized representative any and all places where
119.9drugs, medicines, medical gases, or veterinary drugs or devices are sold, vended, given
119.10away, compounded, dispensed, manufactured, wholesaled, or held; it may secure samples
119.11or specimens of any drugs, medicines, medical gases, or veterinary drugs or devices
119.12after paying or offering to pay for such sample; it shall be entitled to inspect and make
119.13copies of any and all records of shipment, purchase, manufacture, quality control, and
119.14sale of these items provided, however, that such inspection shall not extend to financial
119.15data, sales data, or pricing data;
119.16    (5) to examine and license as pharmacists all applicants whom it shall deem qualified
119.17to be such;
119.18    (6) to license wholesale drug distributors;
119.19    (7) to deny, suspend, revoke, or refuse to renew any registration or license required
119.20under this chapter, to any applicant or registrant or licensee upon any of the following
119.21grounds:
119.22    (i) fraud or deception in connection with the securing of such license or registration;
119.23    (ii) in the case of a pharmacist, conviction in any court of a felony;
119.24    (iii) in the case of a pharmacist, conviction in any court of an offense involving
119.25moral turpitude;
119.26    (iv) habitual indulgence in the use of narcotics, stimulants, or depressant drugs;
119.27or habitual indulgence in intoxicating liquors in a manner which could cause conduct
119.28endangering public health;
119.29    (v) unprofessional conduct or conduct endangering public health;
119.30    (vi) gross immorality;
119.31    (vii) employing, assisting, or enabling in any manner an unlicensed person to
119.32practice pharmacy;
119.33    (viii) conviction of theft of drugs, or the unauthorized use, possession, or sale thereof;
119.34    (ix) violation of any of the provisions of this chapter or any of the rules of the State
119.35Board of Pharmacy;
120.1    (x) in the case of a pharmacy license, operation of such pharmacy without a
120.2pharmacist present and on duty;
120.3    (xi) in the case of a pharmacist, physical or mental disability which could cause
120.4incompetency in the practice of pharmacy;
120.5    (xii) in the case of a pharmacist, the suspension or revocation of a license to practice
120.6pharmacy in another state; or
120.7    (xiii) in the case of a pharmacist, aiding suicide or aiding attempted suicide in
120.8violation of section 609.215 as established by any of the following:
120.9    (A) a copy of the record of criminal conviction or plea of guilty for a felony in
120.10violation of section 609.215, subdivision 1 or 2;
120.11    (B) a copy of the record of a judgment of contempt of court for violating an
120.12injunction issued under section 609.215, subdivision 4;
120.13    (C) a copy of the record of a judgment assessing damages under section 609.215,
120.14subdivision 5 ; or
120.15    (D) a finding by the board that the person violated section 609.215, subdivision
120.161 or 2. The board shall investigate any complaint of a violation of section 609.215,
120.17subdivision 1 or 2;
120.18    (8) to employ necessary assistants and make adopt rules for the conduct of its
120.19business;
120.20    (9) to register as pharmacy technicians all applicants who the board determines are
120.21qualified to carry out the duties of a pharmacy technician; and
120.22    (10) to perform such other duties and exercise such other powers as the provisions of
120.23the act may require.
120.24    (b) Temporary suspension. In addition to any other remedy provided by law, the
120.25board may, without a hearing, temporarily suspend a license for not more than 60 days if
120.26the board finds that a pharmacist has violated a statute or rule that the board is empowered
120.27to enforce and continued practice by the pharmacist would create an imminent risk of
120.28harm to others. The suspension shall take effect upon written notice to the pharmacist,
120.29specifying the statute or rule violated. At the time it issues the suspension notice, the
120.30board shall schedule a disciplinary hearing to be held under the Administrative Procedure
120.31Act. The pharmacist shall be provided with at least 20 days' notice of any hearing held
120.32under this subdivision.
120.33    (c) Rules. For the purposes aforesaid, it shall be the duty of the board to make
120.34and publish uniform rules not inconsistent herewith for carrying out and enforcing
120.35the provisions of this chapter. The board shall adopt rules regarding prospective drug
120.36utilization review and patient counseling by pharmacists. A pharmacist in the exercise of
121.1the pharmacist's professional judgment, upon the presentation of a new prescription by a
121.2patient or the patient's caregiver or agent, shall perform the prospective drug utilization
121.3review required by rules issued under this subdivision.

121.4    Sec. 126. Minnesota Statutes 2006, section 151.21, subdivision 1, is amended to read:
121.5    Subdivision 1. Generally. Except as provided in this section, it shall be unlawful for
121.6any pharmacist, assistant pharmacist, or pharmacist intern who dispenses prescriptions,
121.7drugs, and medicines to substitute an article different from the one ordered, or deviate
121.8in any manner from the requirements of an order or prescription without the approval of
121.9the prescriber.

121.10    Sec. 127. Minnesota Statutes 2006, section 151.21, subdivision 2, is amended to read:
121.11    Subd. 2. Brand name specified. When a pharmacist receives a written paper or
121.12hard copy prescription on which the prescriber has personally written in handwriting
121.13"dispense as written" or "D.A.W.," a prescription sent by electronic transmission on which
121.14the prescriber has expressly indicated in a manner consistent with the standards for
121.15electronic prescribing under Code of Federal Regulations, title 42, section 423, that the
121.16prescription is to be dispensed as transmitted and which bears the prescriber's electronic
121.17signature, or an oral prescription in which the prescriber has expressly indicated that the
121.18prescription is to be dispensed as communicated, the pharmacist shall dispense the brand
121.19name legend drug as prescribed.

121.20    Sec. 128. Minnesota Statutes 2006, section 151.21, subdivision 3, is amended to read:
121.21    Subd. 3. Brand name not specified. When a pharmacist receives a written paper or
121.22hard copy prescription on which the prescriber has not personally written in handwriting
121.23"dispense as written" or "D.A.W.," a prescription sent by electronic transmission on which
121.24the prescriber has not expressly indicated in a manner consistent with the standards for
121.25electronic prescribing under Code of Federal Regulations, title 42, section 423, that the
121.26prescription is to be dispensed as transmitted and which bears the prescriber's electronic
121.27signature, or an oral prescription in which the prescriber has not expressly indicated
121.28that the prescription is to be dispensed as communicated, and there is available in the
121.29pharmacist's stock a less expensive generically equivalent drug that, in the pharmacist's
121.30professional judgment, is safely interchangeable with the prescribed drug, then the
121.31pharmacist shall, after disclosing the substitution to the purchaser, dispense the generic
121.32drug, unless the purchaser objects. A pharmacist may also substitute pursuant to the oral
121.33instructions of the prescriber. A pharmacist may not substitute a generically equivalent
122.1drug product unless, in the pharmacist's professional judgment, the substituted drug is
122.2therapeutically equivalent and interchangeable to the prescribed drug. A pharmacist
122.3shall notify the purchaser if the pharmacist is dispensing a drug other than the brand
122.4name drug prescribed.

122.5    Sec. 129. Minnesota Statutes 2006, section 151.21, is amended by adding a subdivision
122.6to read:
122.7    Subd. 3a. Prescriptions by electronic transmission. Nothing in this section
122.8permits a prescriber to maintain "dispense as written" or "D.A.W." as a default on all
122.9prescriptions. Prescribers must add the "dispense as written" or "D.A.W." designation to
122.10electronic prescriptions individually, as appropriate.

122.11    Sec. 130. Minnesota Statutes 2006, section 214.103, subdivision 8, is amended to read:
122.12    Subd. 8. Dismissal of a complaint. A complaint may not be dismissed without the
122.13concurrence of at least two board members and, upon the request of the complainant, a
122.14review by a representative of the attorney general's office. The designee of the attorney
122.15general must review before dismissal any complaints which allege any violation of
122.16chapter 609, any conduct which would be required to be reported under section 626.556
122.17or 626.557, any sexual contact or sexual conduct with a client, any violation of a federal
122.18law, any actual or potential inability to practice the regulated profession or occupation by
122.19reason of illness, use of alcohol, drugs, chemicals, or any other materials, or as a result of
122.20any mental or physical condition, any violation of state medical assistance laws, or any
122.21disciplinary action related to credentialing in another jurisdiction or country which was
122.22based on the same or related conduct specified in this subdivision.

122.23    Sec. 131. Minnesota Statutes 2006, section 214.103, subdivision 9, is amended to read:
122.24    Subd. 9. Information to complainant. A board shall furnish to a person who
122.25made a complaint a written description of the board's complaint process, and actions of
122.26the board relating to the complaint. The written notice from the board must advise the
122.27complainant of the right to appeal the board's decision to the attorney general within
122.2830 days of receipt of the notice.

122.29    Sec. 132. Minnesota Statutes 2006, section 214.32, subdivision 1, is amended to read:
122.30    Subdivision 1. Management. (a) A Health Professionals Services Program
122.31Committee is established, consisting of one person appointed by each participating board,
122.32with each participating board having one vote. The committee shall designate one board
123.1to provide administrative management of the program, set the program budget and the
123.2pro rata share of program expenses to be borne by each participating board, provide
123.3guidance on the general operation of the program, including hiring of program personnel,
123.4and ensure that the program's direction is in accord with its authority. If the participating
123.5boards change which board is designated to provide administrative management of
123.6the program, any appropriation remaining for the program shall transfer to the newly
123.7designated board on the effective date of the change. The participating boards must inform
123.8the appropriate legislative committees and the commissioner of finance of any change
123.9in the administrative management of the program, and the amount of any appropriation
123.10transferred under this provision.
123.11    (b) The designated board, upon recommendation of the Health Professional Services
123.12Program Committee, shall hire the program manager and employees and pay expenses
123.13of the program from funds appropriated for that purpose. The designated board may
123.14apply for grants to pay program expenses and may enter into contracts on behalf of the
123.15program to carry out the purposes of the program. The participating boards shall enter into
123.16written agreements with the designated board.
123.17    (c) An advisory committee is established to advise the program committee consisting
123.18of:
123.19    (1) one member appointed by each of the following: the Minnesota Academy of
123.20Physician Assistants, the Minnesota Dental Association, the Minnesota Chiropractic
123.21Association, the Minnesota Licensed Practical Nurse Association, the Minnesota Medical
123.22Association, the Minnesota Nurses Association, and the Minnesota Podiatric Medicine
123.23Association;
123.24    (2) one member appointed by each of the professional associations of the other
123.25professions regulated by a participating board not specified in clause (1); and
123.26    (3) two public members, as defined by section 214.02.
123.27Members of the advisory committee shall be appointed for two years and members may
123.28be reappointed.
123.29    The advisory committee expires June 30, 2007.

123.30    Sec. 133. Minnesota Statutes 2006, section 245.462, subdivision 18, is amended to
123.31read:
123.32    Subd. 18. Mental health professional. "Mental health professional" means a
123.33person providing clinical services in the treatment of mental illness who is qualified in at
123.34least one of the following ways:
124.1    (1) in psychiatric nursing: a registered nurse who is licensed under sections 148.171
124.2to 148.285; and:
124.3    (i) who is certified as a clinical specialist or as a nurse practitioner in adult or family
124.4psychiatric and mental health nursing by a national nurse certification organization; or
124.5    (ii) who has a master's degree in nursing or one of the behavioral sciences or related
124.6fields from an accredited college or university or its equivalent, with at least 4,000 hours
124.7of post-master's supervised experience in the delivery of clinical services in the treatment
124.8of mental illness;
124.9    (2) in clinical social work: a person licensed as an independent clinical social worker
124.10under chapter 148D, or a person with a master's degree in social work from an accredited
124.11college or university, with at least 4,000 hours of post-master's supervised experience in
124.12the delivery of clinical services in the treatment of mental illness;
124.13    (3) in psychology: an individual licensed by the Board of Psychology under sections
124.14148.88 to 148.98 who has stated to the Board of Psychology competencies in the diagnosis
124.15and treatment of mental illness;
124.16    (4) in psychiatry: a physician licensed under chapter 147 and certified by the
124.17American Board of Psychiatry and Neurology or eligible for board certification in
124.18psychiatry;
124.19    (5) in marriage and family therapy: the mental health professional must be a
124.20marriage and family therapist licensed under sections 148B.29 to 148B.39 with at least
124.21two years of post-master's supervised experience in the delivery of clinical services in
124.22the treatment of mental illness; or
124.23    (6) in licensed professional clinical counseling, the mental health professional must
124.24be a licensed professional clinical counselor under section 148B.5301; or
124.25    (7) in allied fields: a person with a master's degree from an accredited college or
124.26university in one of the behavioral sciences or related fields, with at least 4,000 hours of
124.27post-master's supervised experience in the delivery of clinical services in the treatment of
124.28mental illness.
124.29EFFECTIVE DATE.This section is effective January 1, 2010.

124.30    Sec. 134. Minnesota Statutes 2006, section 245.470, subdivision 1, is amended to read:
124.31    Subdivision 1. Availability of outpatient services. (a) County boards must provide
124.32or contract for enough outpatient services within the county to meet the needs of adults
124.33with mental illness residing in the county. Services may be provided directly by the
124.34county through county-operated mental health centers or mental health clinics approved
124.35by the commissioner under section 245.69, subdivision 2; by contract with privately
125.1operated mental health centers or mental health clinics approved by the commissioner
125.2under section 245.69, subdivision 2; by contract with hospital mental health outpatient
125.3programs certified by the Joint Commission on Accreditation of Hospital Organizations;
125.4or by contract with a licensed mental health professional as defined in section 245.462,
125.5subdivision 18 , clauses (1) to (4) (6). Clients may be required to pay a fee according to
125.6section 245.481. Outpatient services include:
125.7    (1) conducting diagnostic assessments;
125.8    (2) conducting psychological testing;
125.9    (3) developing or modifying individual treatment plans;
125.10    (4) making referrals and recommending placements as appropriate;
125.11    (5) treating an adult's mental health needs through therapy;
125.12    (6) prescribing and managing medication and evaluating the effectiveness of
125.13prescribed medication; and
125.14    (7) preventing placement in settings that are more intensive, costly, or restrictive
125.15than necessary and appropriate to meet client needs.
125.16    (b) County boards may request a waiver allowing outpatient services to be provided
125.17in a nearby trade area if it is determined that the client can best be served outside the
125.18county.
125.19EFFECTIVE DATE.This section is effective January 1, 2010.

125.20    Sec. 135. Minnesota Statutes 2006, section 245.4871, subdivision 27, is amended to
125.21read:
125.22    Subd. 27. Mental health professional. "Mental health professional" means a
125.23person providing clinical services in the diagnosis and treatment of children's emotional
125.24disorders. A mental health professional must have training and experience in working with
125.25children consistent with the age group to which the mental health professional is assigned.
125.26A mental health professional must be qualified in at least one of the following ways:
125.27    (1) in psychiatric nursing, the mental health professional must be a registered nurse
125.28who is licensed under sections 148.171 to 148.285 and who is certified as a clinical
125.29specialist in child and adolescent psychiatric or mental health nursing by a national nurse
125.30certification organization or who has a master's degree in nursing or one of the behavioral
125.31sciences or related fields from an accredited college or university or its equivalent, with
125.32at least 4,000 hours of post-master's supervised experience in the delivery of clinical
125.33services in the treatment of mental illness;
125.34    (2) in clinical social work, the mental health professional must be a person licensed
125.35as an independent clinical social worker under chapter 148D, or a person with a master's
126.1degree in social work from an accredited college or university, with at least 4,000 hours of
126.2post-master's supervised experience in the delivery of clinical services in the treatment
126.3of mental disorders;
126.4    (3) in psychology, the mental health professional must be an individual licensed by
126.5the board of psychology under sections 148.88 to 148.98 who has stated to the board of
126.6psychology competencies in the diagnosis and treatment of mental disorders;
126.7    (4) in psychiatry, the mental health professional must be a physician licensed under
126.8chapter 147 and certified by the American board of psychiatry and neurology or eligible
126.9for board certification in psychiatry;
126.10    (5) in marriage and family therapy, the mental health professional must be a
126.11marriage and family therapist licensed under sections 148B.29 to 148B.39 with at least
126.12two years of post-master's supervised experience in the delivery of clinical services in the
126.13treatment of mental disorders or emotional disturbances; or
126.14    (6) in licensed professional clinical counseling, the mental health professional must
126.15be a licensed professional clinical counselor under section 148B.5301; or
126.16    (7) in allied fields, the mental health professional must be a person with a master's
126.17degree from an accredited college or university in one of the behavioral sciences or related
126.18fields, with at least 4,000 hours of post-master's supervised experience in the delivery of
126.19clinical services in the treatment of emotional disturbances.
126.20EFFECTIVE DATE.This section is effective January 1, 2010.

126.21    Sec. 136. Minnesota Statutes 2006, section 245.488, subdivision 1, is amended to read:
126.22    Subdivision 1. Availability of outpatient services. (a) County boards must provide
126.23or contract for enough outpatient services within the county to meet the needs of each
126.24child with emotional disturbance residing in the county and the child's family. Services
126.25may be provided directly by the county through county-operated mental health centers or
126.26mental health clinics approved by the commissioner under section 245.69, subdivision 2;
126.27by contract with privately operated mental health centers or mental health clinics approved
126.28by the commissioner under section 245.69, subdivision 2; by contract with hospital
126.29mental health outpatient programs certified by the Joint Commission on Accreditation
126.30of Hospital Organizations; or by contract with a licensed mental health professional as
126.31defined in section 245.4871, subdivision 27, clauses (1) to (4) (6). A child or a child's
126.32parent may be required to pay a fee based in accordance with section 245.481. Outpatient
126.33services include:
126.34    (1) conducting diagnostic assessments;
126.35    (2) conducting psychological testing;
127.1    (3) developing or modifying individual treatment plans;
127.2    (4) making referrals and recommending placements as appropriate;
127.3    (5) treating the child's mental health needs through therapy; and
127.4    (6) prescribing and managing medication and evaluating the effectiveness of
127.5prescribed medication.
127.6    (b) County boards may request a waiver allowing outpatient services to be provided
127.7in a nearby trade area if it is determined that the child requires necessary and appropriate
127.8services that are only available outside the county.
127.9    (c) Outpatient services offered by the county board to prevent placement must be at
127.10the level of treatment appropriate to the child's diagnostic assessment.
127.11EFFECTIVE DATE.This section is effective January 1, 2010.

127.12    Sec. 137. Minnesota Statutes 2006, section 256B.0623, subdivision 5, is amended to
127.13read:
127.14    Subd. 5. Qualifications of provider staff. Adult rehabilitative mental health
127.15services must be provided by qualified individual provider staff of a certified provider
127.16entity. Individual provider staff must be qualified under one of the following criteria:
127.17    (1) a mental health professional as defined in section 245.462, subdivision 18,
127.18clauses (1) to (5). If the recipient has a current diagnostic assessment by a licensed mental
127.19health professional as defined in section 245.462, subdivision 18, clauses (1) to (5) (6),
127.20recommending receipt of adult mental health rehabilitative services, the definition of
127.21mental health professional for purposes of this section includes a person who is qualified
127.22under section 245.462, subdivision 18, clause (6) (7), and who holds a current and valid
127.23national certification as a certified rehabilitation counselor or certified psychosocial
127.24rehabilitation practitioner;
127.25    (2) a mental health practitioner as defined in section 245.462, subdivision 17. The
127.26mental health practitioner must work under the clinical supervision of a mental health
127.27professional; or
127.28    (3) a mental health rehabilitation worker. A mental health rehabilitation worker
127.29means a staff person working under the direction of a mental health practitioner or mental
127.30health professional and under the clinical supervision of a mental health professional in
127.31the implementation of rehabilitative mental health services as identified in the recipient's
127.32individual treatment plan who:
127.33    (i) is at least 21 years of age;
127.34    (ii) has a high school diploma or equivalent;
128.1    (iii) has successfully completed 30 hours of training during the past two years in all
128.2of the following areas: recipient rights, recipient-centered individual treatment planning,
128.3behavioral terminology, mental illness, co-occurring mental illness and substance abuse,
128.4psychotropic medications and side effects, functional assessment, local community
128.5resources, adult vulnerability, recipient confidentiality; and
128.6    (iv) meets the qualifications in subitem (A) or (B):
128.7    (A) has an associate of arts degree in one of the behavioral sciences or human
128.8services, or is a registered nurse without a bachelor's degree, or who within the previous
128.9ten years has:
128.10    (1) three years of personal life experience with serious and persistent mental illness;
128.11    (2) three years of life experience as a primary caregiver to an adult with a serious
128.12mental illness or traumatic brain injury; or
128.13    (3) 4,000 hours of supervised paid work experience in the delivery of mental health
128.14services to adults with a serious mental illness or traumatic brain injury; or
128.15    (B)(1) is fluent in the non-English language or competent in the culture of the
128.16ethnic group to which at least 20 percent of the mental health rehabilitation worker's
128.17clients belong;
128.18    (2) receives during the first 2,000 hours of work, monthly documented individual
128.19clinical supervision by a mental health professional;
128.20    (3) has 18 hours of documented field supervision by a mental health professional
128.21or practitioner during the first 160 hours of contact work with recipients, and at least six
128.22hours of field supervision quarterly during the following year;
128.23    (4) has review and cosignature of charting of recipient contacts during field
128.24supervision by a mental health professional or practitioner; and
128.25    (5) has 40 hours of additional continuing education on mental health topics during
128.26the first year of employment.
128.27EFFECTIVE DATE.This section is effective January 1, 2010.

128.28    Sec. 138. Minnesota Statutes 2006, section 256B.0624, subdivision 5, is amended to
128.29read:
128.30    Subd. 5. Mobile crisis intervention staff qualifications. For provision of adult
128.31mental health mobile crisis intervention services, a mobile crisis intervention team is
128.32comprised of at least two mental health professionals as defined in section 245.462,
128.33subdivision 18 , clauses (1) to (5) (6), or a combination of at least one mental health
128.34professional and one mental health practitioner as defined in section 245.462, subdivision
128.3517 , with the required mental health crisis training and under the clinical supervision of
129.1a mental health professional on the team. The team must have at least two people with
129.2at least one member providing on-site crisis intervention services when needed. Team
129.3members must be experienced in mental health assessment, crisis intervention techniques,
129.4and clinical decision-making under emergency conditions and have knowledge of local
129.5services and resources. The team must recommend and coordinate the team's services
129.6with appropriate local resources such as the county social services agency, mental health
129.7services, and local law enforcement when necessary.
129.8EFFECTIVE DATE.This section is effective January 1, 2010.

129.9    Sec. 139. Minnesota Statutes 2006, section 256B.0624, subdivision 8, is amended to
129.10read:
129.11    Subd. 8. Adult crisis stabilization staff qualifications. (a) Adult mental health
129.12crisis stabilization services must be provided by qualified individual staff of a qualified
129.13provider entity. Individual provider staff must have the following qualifications:
129.14    (1) be a mental health professional as defined in section 245.462, subdivision 18,
129.15clauses (1) to (5) (6);
129.16    (2) be a mental health practitioner as defined in section 245.462, subdivision 17.
129.17The mental health practitioner must work under the clinical supervision of a mental health
129.18professional; or
129.19    (3) be a mental health rehabilitation worker who meets the criteria in section
129.20256B.0623, subdivision 5 , clause (3); works under the direction of a mental health
129.21practitioner as defined in section 245.462, subdivision 17, or under direction of a
129.22mental health professional; and works under the clinical supervision of a mental health
129.23professional.
129.24    (b) Mental health practitioners and mental health rehabilitation workers must have
129.25completed at least 30 hours of training in crisis intervention and stabilization during
129.26the past two years.
129.27EFFECTIVE DATE.This section is effective January 1, 2010.

129.28    Sec. 140. Minnesota Statutes 2006, section 256B.0943, subdivision 1, is amended to
129.29read:
129.30    Subdivision 1. Definitions. For purposes of this section, the following terms have
129.31the meanings given them.
129.32    (a) "Children's therapeutic services and supports" means the flexible package of
129.33mental health services for children who require varying therapeutic and rehabilitative
130.1levels of intervention. The services are time-limited interventions that are delivered using
130.2various treatment modalities and combinations of services designed to reach treatment
130.3outcomes identified in the individual treatment plan.
130.4    (b) "Clinical supervision" means the overall responsibility of the mental health
130.5professional for the control and direction of individualized treatment planning, service
130.6delivery, and treatment review for each client. A mental health professional who is an
130.7enrolled Minnesota health care program provider accepts full professional responsibility
130.8for a supervisee's actions and decisions, instructs the supervisee in the supervisee's work,
130.9and oversees or directs the supervisee's work.
130.10    (c) "County board" means the county board of commissioners or board established
130.11under sections 402.01 to 402.10 or 471.59.
130.12    (d) "Crisis assistance" has the meaning given in section 245.4871, subdivision 9a.
130.13    (e) "Culturally competent provider" means a provider who understands and can
130.14utilize to a client's benefit the client's culture when providing services to the client. A
130.15provider may be culturally competent because the provider is of the same cultural or
130.16ethnic group as the client or the provider has developed the knowledge and skills through
130.17training and experience to provide services to culturally diverse clients.
130.18    (f) "Day treatment program" for children means a site-based structured program
130.19consisting of group psychotherapy for more than three individuals and other intensive
130.20therapeutic services provided by a multidisciplinary team, under the clinical supervision
130.21of a mental health professional.
130.22    (g) "Diagnostic assessment" has the meaning given in section 245.4871, subdivision
130.2311 .
130.24    (h) "Direct service time" means the time that a mental health professional, mental
130.25health practitioner, or mental health behavioral aide spends face-to-face with a client
130.26and the client's family. Direct service time includes time in which the provider obtains
130.27a client's history or provides service components of children's therapeutic services and
130.28supports. Direct service time does not include time doing work before and after providing
130.29direct services, including scheduling, maintaining clinical records, consulting with others
130.30about the client's mental health status, preparing reports, receiving clinical supervision
130.31directly related to the client's psychotherapy session, and revising the client's individual
130.32treatment plan.
130.33    (i) "Direction of mental health behavioral aide" means the activities of a mental
130.34health professional or mental health practitioner in guiding the mental health behavioral
130.35aide in providing services to a client. The direction of a mental health behavioral aide
131.1must be based on the client's individualized treatment plan and meet the requirements in
131.2subdivision 6, paragraph (b), clause (5).
131.3    (j) "Emotional disturbance" has the meaning given in section 245.4871, subdivision
131.415 . For persons at least age 18 but under age 21, mental illness has the meaning given in
131.5section 245.462, subdivision 20, paragraph (a).
131.6    (k) "Individual behavioral plan" means a plan of intervention, treatment, and
131.7services for a child written by a mental health professional or mental health practitioner,
131.8under the clinical supervision of a mental health professional, to guide the work of the
131.9mental health behavioral aide.
131.10    (l) "Individual treatment plan" has the meaning given in section 245.4871,
131.11subdivision 21 .
131.12    (m) "Mental health professional" means an individual as defined in section 245.4871,
131.13subdivision 27 , clauses (1) to (5) (6), or tribal vendor as defined in section 256B.02,
131.14subdivision 7 , paragraph (b).
131.15    (n) "Preschool program" means a day program licensed under Minnesota Rules,
131.16parts 9503.0005 to 9503.0175, and enrolled as a children's therapeutic services and
131.17supports provider to provide a structured treatment program to a child who is at least 33
131.18months old but who has not yet attended the first day of kindergarten.
131.19    (o) "Skills training" means individual, family, or group training designed to improve
131.20the basic functioning of the child with emotional disturbance and the child's family in the
131.21activities of daily living and community living, and to improve the social functioning of the
131.22child and the child's family in areas important to the child's maintaining or reestablishing
131.23residency in the community. Individual, family, and group skills training must:
131.24    (1) consist of activities designed to promote skill development of the child and the
131.25child's family in the use of age-appropriate daily living skills, interpersonal and family
131.26relationships, and leisure and recreational services;
131.27    (2) consist of activities that will assist the family's understanding of normal child
131.28development and to use parenting skills that will help the child with emotional disturbance
131.29achieve the goals outlined in the child's individual treatment plan; and
131.30    (3) promote family preservation and unification, promote the family's integration
131.31with the community, and reduce the use of unnecessary out-of-home placement or
131.32institutionalization of children with emotional disturbance.
131.33EFFECTIVE DATE.This section is effective January 1, 2010.

131.34    Sec. 141. Minnesota Statutes 2006, section 256J.08, subdivision 73a, is amended to
131.35read:
132.1    Subd. 73a. Qualified professional. (a) For physical illness, injury, or incapacity,
132.2a "qualified professional" means a licensed physician, a physician's assistant, a nurse
132.3practitioner, or a licensed chiropractor.
132.4    (b) For developmental disability and intelligence testing, a "qualified professional"
132.5means an individual qualified by training and experience to administer the tests necessary
132.6to make determinations, such as tests of intellectual functioning, assessments of adaptive
132.7behavior, adaptive skills, and developmental functioning. These professionals include
132.8licensed psychologists, certified school psychologists, or certified psychometrists working
132.9under the supervision of a licensed psychologist.
132.10    (c) For learning disabilities, a "qualified professional" means a licensed psychologist
132.11or school psychologist with experience determining learning disabilities.
132.12    (d) For mental health, a "qualified professional" means a licensed physician or a
132.13qualified mental health professional. A "qualified mental health professional" means:
132.14    (1) for children, in psychiatric nursing, a registered nurse who is licensed under
132.15sections 148.171 to 148.285, and who is certified as a clinical specialist in child
132.16and adolescent psychiatric or mental health nursing by a national nurse certification
132.17organization or who has a master's degree in nursing or one of the behavioral sciences
132.18or related fields from an accredited college or university or its equivalent, with at least
132.194,000 hours of post-master's supervised experience in the delivery of clinical services in
132.20the treatment of mental illness;
132.21    (2) for adults, in psychiatric nursing, a registered nurse who is licensed under
132.22sections 148.171 to 148.285, and who is certified as a clinical specialist in adult psychiatric
132.23and mental health nursing by a national nurse certification organization or who has a
132.24master's degree in nursing or one of the behavioral sciences or related fields from an
132.25accredited college or university or its equivalent, with at least 4,000 hours of post-master's
132.26supervised experience in the delivery of clinical services in the treatment of mental illness;
132.27    (3) in clinical social work, a person licensed as an independent clinical social worker
132.28under chapter 148D, or a person with a master's degree in social work from an accredited
132.29college or university, with at least 4,000 hours of post-master's supervised experience in
132.30the delivery of clinical services in the treatment of mental illness;
132.31    (4) in psychology, an individual licensed by the Board of Psychology under sections
132.32148.88 to 148.98, who has stated to the Board of Psychology competencies in the
132.33diagnosis and treatment of mental illness;
132.34    (5) in psychiatry, a physician licensed under chapter 147 and certified by the
132.35American Board of Psychiatry and Neurology or eligible for board certification in
132.36psychiatry; and
133.1    (6) in marriage and family therapy, the mental health professional must be a
133.2marriage and family therapist licensed under sections 148B.29 to 148B.39, with at least
133.3two years of post-master's supervised experience in the delivery of clinical services in the
133.4treatment of mental illness; and
133.5    (7) in licensed professional clinical counseling, the mental health professional must
133.6be a licensed professional clinical counselor under section 148B.5301.
133.7EFFECTIVE DATE.This section is effective January 1, 2010.

133.8    Sec. 142. APPLICABILITY OF RULES.
133.9    Minnesota Rules, parts 5601.0100 to 5601.3200, apply both to physical therapists
133.10and physical therapist assistants, except parts 5601.1200; 5601.1300; 5601.1800;
133.115601.1900; 5601.2000; 5601.3200, subpart 2, item D; and 5601.3200, subpart 5, only
133.12apply to physical therapists.

133.13    Sec. 143. APPROPRIATIONS.
133.14    $10,000 is appropriated in fiscal year 2008 and $5,000 is appropriated in fiscal year
133.152009 from the state government special revenue fund to the commissioner of health for the
133.16purpose of the examination procedures for individuals operating x-ray equipment.

133.17    Sec. 144. REPEALER.
133.18(a) Minnesota Statutes 2006, sections 148.691, subdivision 3; 148.71, subdivision 1;
133.19148.72; 148.745; and 148.775, are repealed.
133.20(b) Minnesota Statutes 2006, sections 148D.001; 148D.010; 148D.015; 148D.020;
133.21148D.025; 148D.030; 148D.035; 148D.040; 148D.045; 148D.050; 148D.055; 148D.060;
133.22148D.065; 148D.070; 148D.075; 148D.080; 148D.085; 148D.090; 148D.095; 148D.100;
133.23148D.105; 148D.110; 148D.115; 148D.120; 148D.125; 148D.130; 148D.135; 148D.140;
133.24148D.145; 148D.150; 148D.155; 148D.160; 148D.165; 148D.170; 148D.175; 148D.180;
133.25148D.185; 148D.190; 148D.195; 148D.200; 148D.205; 148D.210; 148D.215; 148D.220;
133.26148D.225; 148D.230; 148D.235; 148D.240; 148D.245; 148D.250; 148D.255; 148D.260;
133.27148D.265; 148D.270; 148D.275; 148D.280; 148D.285; and 148D.290, are repealed
133.28effective August 1, 2011.
133.29(c) Minnesota Rules, parts 2500.0500; 5601.0200; 5601.0300; 5601.0400;
133.305601.0500; 5601.0600; 5601.0700; 5601.0800; 5601.1400; 5601.1500; 5601.1600;
133.315601.2800; 5601.2900; 5601.3000; 5601.3105; 5601.3110; 5601.3115; 5601.3120;
133.325601.3125; 5601.3130; 5601.3135; 5601.3140; 5601.3145; 5601.3150; 5601.3155;
133.335601.3160; and 5601.3165, are repealed.

134.1    Sec. 145. EFFECTIVE DATE.
134.2    Sections 64 to 122 are effective August 1, 2011.