SF 288

2nd Unofficial Engrossment - 87th Legislature (2011 - 2012) Posted on 03/30/2012 12:06pm

1.1A bill for an act

1.2relating to occupations and professions; changing licensing provisions to
1.3practice social work; regulating dental laboratories; establishing fees; amending
1.4Minnesota Statutes 2010, sections 148E.055, subdivision 1; 148E.060,
1.5subdivisions 1, 2, 3, 5, by adding a subdivision; 148E.065, subdivisions 2,
1.64, 5, by adding subdivisions; 148E.120; 148E.195, subdivision 2, by adding a
1.7subdivision; 148E.280; proposing coding for new law in Minnesota Statutes,
1.8chapters 148E; 150A; repealing Minnesota Statutes 2010, section 148E.065,
1.9subdivision 3.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.11    Section 1. Minnesota Statutes 2010, section 148E.055, subdivision 1, is amended to
1.12read:
1.13    Subdivision 1. License required. (a) In order to practice social work, an individual
1.14must have a social work license under this section or section 148E.060, except when the
1.15individual is exempt from licensure according to section 148E.065.
1.16    (b) Individuals who teach professional social work knowledge, skills, and values to
1.17students and who have a social work degree from a program accredited by the Council
1.18on Social Work Education, the Canadian Association of Schools of Social Work, or a
1.19similar accreditation accrediting body designated by the board must have a social work
1.20license under this section or section 148E.060, except when the individual is exempt from
1.21licensure according to section 148E.065.
1.22(c) Effective July 1, 2016, an individual who is newly employed by a city or
1.23state agency or a private nonprofit, nontribal agency previously exempt from licensure
1.24under Minnesota Statutes 2010, section 148D.065, subdivision 5, and section 148E.065,
1.25subdivision 5, must be licensed if:
2.1(1) the individual is presented to the public by any title incorporating the words
2.2"social work" or "social worker"; or
2.3(2) the individual has a baccalaureate or graduate degree in social work from a
2.4program accredited by the Council on Social Work Education, the Canadian Association
2.5of Schools of Social Work, or a similar accrediting body designated by the board, and the
2.6individual provides social work services, including clinical social work services, as those
2.7services are defined in section 148E.010, subdivisions 6 and 11.
2.8EFFECTIVE DATE.This section is effective August 1, 2012.

2.9    Sec. 2. [148E.0555] LICENSE REQUIREMENTS; GRANDFATHERING.
2.10    Subdivision 1. Grandfathering period. (a) The board shall issue a license to an
2.11applicant who meets all the requirements in this section and has submitted a completed,
2.12signed application and the required fee between January 1, 2013, and December 31, 2014.
2.13(b) If the applicant does not provide all of the information requested by the board
2.14by December 31, 2015, the applicant is considered ineligible and the application for
2.15licensure is closed.
2.16    Subd. 2. Eligible agency personnel. When submitting the application for licensure,
2.17the applicant must provide evidence satisfactory to the board that the applicant is currently
2.18employed by a:
2.19(1) Minnesota city or state agency, and:
2.20(i) at any time within three years of the date of submitting an application for
2.21licensure was presented to the public by any title incorporating the words "social work" or
2.22"social worker," while employed by that agency for a minimum of six months; or
2.23(ii) at any time within three years of the date of submitting an application for
2.24licensure was engaged in the practice of social work, including clinical social work, as
2.25described in section 148E.010, subdivisions 6 and 11, while employed by that agency
2.26for a minimum of six months; or
2.27(2) private nonprofit, nontribal agency whose primary service focus addresses ethnic
2.28minority populations, and the applicant is a member of an ethnic minority population
2.29within the agency, previously exempt from licensure under Minnesota Statutes 2010,
2.30section 148D.065, subdivision 5, and in section 148E.065, subdivision 5, and:
2.31(i) at any time within three years of the date of submitting an application for
2.32licensure was presented to the public by any title incorporating the words "social work" or
2.33"social worker," while employed by that agency for a minimum of six months; or
2.34(ii) at any time within three years of the date of submitting an application for
2.35licensure was engaged in the practice of social work, including clinical social work, as
3.1described under section 148E.010, subdivisions 6 and 11, while employed by that agency
3.2for a minimum of six months.
3.3    Subd. 3. Qualifications during grandfathering period for licensure as licensed
3.4social worker (LSW). (a) To be licensed as a licensed social worker (LSW), an applicant
3.5for licensure under this section must provide evidence satisfactory to the board that the
3.6individual has completed a baccalaureate degree:
3.7(1) in social work from a program accredited by the Council on Social Work
3.8Education, the Canadian Association of Schools of Social Work, or a similar accrediting
3.9body designated by the board;
3.10(2) in psychology, sociology, human services, or social and behavioral sciences
3.11from an accredited college or university; or
3.12(3) with a major in any field from an accredited college or university, and one year of
3.13experience in the practice of social work as described in section 148E.010, subdivision 11.
3.14(b) To be licensed as an LSW, an applicant for licensure under this section must
3.15provide evidence satisfactory to the board that the individual has:
3.16(1) submitted a completed, signed application and the license fee in section
3.17148E.180;
3.18(2) for applications submitted electronically, provided an attestation as specified
3.19by the board;
3.20(3) submitted the criminal background check fee and a form provided by the board
3.21authorizing a criminal background check;
3.22(4) paid the applicable license fee in section 148E.180; and
3.23(5) not engaged in conduct that was or would be in violation of the standards
3.24of practice specified in Minnesota Statutes 2010, sections 148D.195 to 148D.240 and
3.25sections 148E.195 to 148E.240. If the applicant has engaged in conduct that was or
3.26would be in violation of the standards of practice, the board may take action according to
3.27sections 148E.255 to 148E.270.
3.28(c) An application that is not completed and signed, or that is not accompanied by
3.29the correct license fee, must be returned to the applicant, along with any fee submitted,
3.30and is void.
3.31(d) By submitting an application for licensure, an applicant authorizes the board to
3.32investigate any information provided or requested in the application. The board may
3.33request that the applicant provide additional information, verification, or documentation.
3.34(e) Within one year of the time the board receives an application for licensure, the
3.35applicant must meet all the requirements and provide all of the information requested by
3.36the board according to paragraphs (a) and (b).
4.1(f) Prelicensure supervised practice hours may be applied to meet the requirements
4.2of this section. Hours obtained prior to August 1, 2011, must meet the supervised practice
4.3requirements in Minnesota Statutes 2010, sections 148D.100 to 148D.125, and hours
4.4obtained on or after August 1, 2011, must meet the supervised practice requirements in
4.5sections 148E.100 to 148E.125.
4.6(g) In addition to the required supervisors listed in Minnesota Statutes 2010,
4.7section 148D.120 and section 148E.120, an alternate supervisor may include a qualified
4.8professional who has a bachelor's or graduate degree, and the authority to direct the
4.9practice of the applicant including, but not limited to, an agency director or agency or
4.10consulting supervisor, as determined appropriate by the board.
4.11(h) Unless completed at the time of application for licensure, a licensee granted a
4.12license by the board under this section must meet the supervised practice requirements
4.13in sections 148E.100 to 148E.125. If a licensee does not meet the supervised practice
4.14requirements, the board may take action according to sections 148E.255 to 148E.270.
4.15    Subd. 4. Qualifications during grandfathering period for licensure as licensed
4.16graduate social worker (LGSW). (a) To be licensed as a licensed graduate social worker
4.17(LGSW), an applicant for licensure under this section must provide evidence satisfactory
4.18to the board that the individual has completed a graduate degree:
4.19(1) in social work from a program accredited by the Council on Social Work
4.20Education, the Canadian Association of Schools of Social Work, or a similar accrediting
4.21body designated by the board;
4.22(2) in psychology, sociology, marriage and family therapy, human services, or social
4.23and behavioral sciences from an accredited college or university; or
4.24(3) with a major in any field from an accredited college or university, and one year
4.25of experience in the practice of social work as described in section 148E.010, subdivisions
4.266 and 11.
4.27(b) To be licensed as an LGSW, an applicant for licensure under this section must
4.28provide evidence satisfactory to the board that the individual has:
4.29(1) submitted a completed, signed application and the license fee in section
4.30148E.180;
4.31(2) for applications submitted electronically, provided an attestation as specified
4.32by the board;
4.33(3) submitted the criminal background check fee and a form provided by the board
4.34authorizing a criminal background check;
4.35(4) paid the applicable license fee in section 148E.180; and
5.1(5) not engaged in conduct that was or would be in violation of the standards
5.2of practice specified in Minnesota Statutes 2010, sections 148D.195 to 148D.240 and
5.3sections 148E.195 to 148E.240. If the applicant has engaged in conduct that was or
5.4would be in violation of the standards of practice, the board may take action according to
5.5sections 148E.255 to 148E.270.
5.6(c) An application that is not completed and signed, or that is not accompanied by
5.7the correct license fee, must be returned to the applicant, along with any fee submitted,
5.8and is void.
5.9(d) By submitting an application for licensure, an applicant authorizes the board to
5.10investigate any information provided or requested in the application. The board may
5.11request that the applicant provide additional information, verification, or documentation.
5.12(e) Within one year of the time the board receives an application for licensure, the
5.13applicant must meet all the requirements and provide all of the information requested by
5.14the board according to paragraphs (a) and (b).
5.15(f) Prelicensure supervised practice hours may be applied to meet the requirements
5.16of this section. Hours obtained prior to August 1, 2011, must meet the supervised practice
5.17requirements in Minnesota Statutes 2010, sections 148D.100 to 148D.125, and hours
5.18obtained on or after August 1, 2011, must meet the supervised practice requirements in
5.19sections 148E.100 to 148E.125.
5.20(g) In addition to the required supervisors listed in Minnesota Statutes 2010, section
5.21148D.120, and in section 148E.120, an alternate supervisor of nonclinical practice may
5.22include a qualified professional who has a bachelor's or graduate degree, and the authority
5.23to direct the practice of the applicant including, but not limited to, an agency director or
5.24agency or consulting supervisor, as determined appropriate by the board.
5.25(h) Unless completed at the time of application for licensure, a licensee granted a
5.26license by the board under this section must meet the supervised practice requirements
5.27specified in sections 148E.100 to 148E.125. If a licensee does not meet the supervised
5.28practice requirements, the board may take action according to sections 148E.255 to
5.29148E.270.
5.30    Subd. 5. Qualifications during grandfathering period for licensure as a licensed
5.31independent social worker (LISW). (a) To be licensed as a licensed independent social
5.32worker (LISW), an applicant for licensure under this section must provide evidence
5.33satisfactory to the board that the individual has completed a graduate degree:
5.34(1) in social work from a program accredited by the Council on Social Work
5.35Education, the Canadian Association of Schools of Social Work, or a similar accrediting
5.36body designated by the board;
6.1(2) in psychology, sociology, marriage and family therapy, human services, or social
6.2and behavioral sciences from an accredited college or university; or
6.3(3) with a major in any field from an accredited college or university, and one year
6.4of experience in the practice of social work according to section 148E.010, subdivision 11.
6.5(b) To be licensed as an LISW, an applicant for licensure under this section must
6.6provide evidence satisfactory to the board that the individual has:
6.7(1) practiced social work as defined in section 148E.010, subdivision 11, and has
6.8met the supervised practice requirements as follows:
6.9(i) for hours obtained prior to August 1, 2011, has met the requirements in Minnesota
6.10Statutes 2010, sections 148D.100 to 148D.125;
6.11(ii) for hours obtained after August 1, 2011, has met the requirements in sections
6.12148E.100 to 148E.125; and
6.13(iii) in addition to the supervisors listed in Minnesota Statutes 2010, section
6.14148D.120 or section 148E.120, an alternate supervisor of nonclinical practice may include
6.15a qualified professional who has a bachelor's or graduate degree and the authority to direct
6.16the practice of the applicant including, but not limited to, an agency director or agency or
6.17consulting supervisor as determined by the board;
6.18(2) submitted a completed, signed application and the license fee in section
6.19148E.180;
6.20(3) for applications submitted electronically, provided an attestation as specified
6.21by the board;
6.22(4) submitted the criminal background check fee and a form provided by the board
6.23authorizing a criminal background check;
6.24(5) paid the applicable license fee specified in section 148E.180; and
6.25(6) not engaged in conduct that was or would be in violation of the standards
6.26of practice specified in Minnesota Statutes 2010, sections 148D.195 to 148D.240, and
6.27in sections 148E.195 to 148E.240. If the applicant has engaged in conduct that was or
6.28would be in violation of the standards of practice, the board may take action according to
6.29sections 148E.255 to 148E.270.
6.30(c) An application that is not completed, signed, and accompanied by the correct
6.31license fee must be returned to the applicant, along with any fee submitted, and is void.
6.32(d) By submitting an application for licensure, an applicant authorizes the board to
6.33investigate any information provided or requested in the application. The board may
6.34request that the applicant provide additional information, verification, or documentation.
7.1(e) Within one year of the time the board receives an application for licensure, the
7.2applicant must meet all the requirements and provide all of the information requested by
7.3the board according to paragraphs (a) and (b).
7.4(f) Upon licensure, an LISW who practices clinical social work must meet the
7.5supervised practice requirements specified in sections 148E.100 to 148E.125. If a licensee
7.6does not meet the supervised practice requirements, the board may take action according
7.7to sections 148E.255 to 148E.270.
7.8    Subd. 6. Qualifications during grandfathering period for licensure as a
7.9licensed independent clinical social worker (LICSW). (a) To be licensed as a licensed
7.10independent clinical social worker (LICSW), an applicant for licensure under this section
7.11must provide evidence satisfactory to the board that the individual has:
7.12(1) completed a graduate degree in social work from a program accredited by the
7.13Council on Social Work Education, the Canadian Association of Schools of Social Work,
7.14or a similar accrediting body designated by the board; or
7.15(2) completed a graduate degree and is a mental health professional according to
7.16section 245.462, subdivision 18, clauses (1) to (6).
7.17(b) To be licensed as a licensed independent clinical social worker, an applicant
7.18for licensure under this section must provide evidence satisfactory to the board that the
7.19individual has:
7.20(1) practiced clinical social work as defined in section 148E.010, subdivision 6,
7.21including both diagnosis and treatment, and has met the supervised practice requirements
7.22specified in sections 148E.100 to 148E.125, excluding the 1,800 hours of direct clinical
7.23client contact specified in section 148E.115, subdivision 1, except that supervised practice
7.24hours obtained prior to August 1, 2011, must meet the requirements in Minnesota Statutes
7.252010, sections 148D.100 to 148D.125;
7.26(2) submitted a completed, signed application and the license fee in section
7.27148E.180;
7.28(3) for applications submitted electronically, provided an attestation as specified
7.29by the board;
7.30(4) submitted the criminal background check fee and a form provided by the board
7.31authorizing a criminal background check;
7.32(5) paid the license fee in section 148E.180; and
7.33(6) not engaged in conduct that was or would be in violation of the standards
7.34of practice specified in Minnesota Statutes 2010, sections 148D.195 to 148D.240, and
7.35in sections 148E.195 to 148E.240. If the applicant has engaged in conduct that was or
8.1would be in violation of the standards of practice, the board may take action according to
8.2sections 148E.255 to 148E.270.
8.3(c) An application which is not completed, signed, and accompanied by the correct
8.4license fee must be returned to the applicant, along with any fee submitted, and is void.
8.5(d) By submitting an application for licensure, an applicant authorizes the board to
8.6investigate any information provided or requested in the application. The board may
8.7request that the applicant provide additional information, verification, or documentation.
8.8(e) Within one year of the time the board receives an application for licensure, the
8.9applicant must meet all the requirements and provide all of the information requested
8.10by the board.
8.11EFFECTIVE DATE.This section is effective August 1, 2012.

8.12    Sec. 3. [148E.0556] LICENSED INDEPENDENT SOCIAL WORKER
8.13TRANSITION PERIOD EXCEPTION.
8.14At any time on or after January 1, 2013, until December 31, 2017, to qualify for
8.15a licensed independent social worker (LISW) license, an applicant must submit an
8.16application to the board for an LISW license and:
8.17(1) hold a current licensed graduate social worker license issued through
8.18grandfathering under section 148E.0555, subdivision 4, and:
8.19(i) meet all requirements in effect at the time of application according to section
8.20148E.055, subdivision 4, paragraph (a), excluding clause (1); and
8.21(ii) meet the supervised practice requirements according to section 148E.055,
8.22subdivision 4, paragraph (a), clause (2); or
8.23(2) hold a current licensed graduate social worker license issued through
8.24grandfathering prior to July 1, 1996, and:
8.25(i) meet all requirements in effect at the time of application according to section
8.26148E.055, subdivision 4, paragraph (a), excluding clause (1); and
8.27(ii) meet the supervised practice requirements according to section 148E.055,
8.28subdivision 4, paragraph (a), clause (2).
8.29EFFECTIVE DATE.This section is effective August 1, 2012.

8.30    Sec. 4. [148E.0557] LICENSED INDEPENDENT CLINICAL SOCIAL
8.31WORKER TRANSITION PERIOD EXCEPTION.
9.1At any time on or after January 1, 2013, until December 31, 2017, to qualify for a
9.2licensed independent clinical social worker (LICSW) license, an applicant must submit an
9.3application to the board for an LICSW license and:
9.4(1) hold a current licensed graduate social worker or licensed independent social
9.5worker license issued through grandfathering under section 148E.0555, subdivision 4
9.6or 5, and:
9.7(i) meet all requirements in effect at the time of application according to section
9.8148E.055, subdivision 5, paragraph (a), excluding clause (1); and
9.9(ii) meet the supervised practice requirements according to section 148E.055,
9.10subdivision 5, paragraph (a), clause (3); or
9.11(2) hold a current licensed graduate social worker or licensed independent social
9.12worker license issued through grandfathering prior to July 1, 1996, and:
9.13(i) meet all requirements in effect at the time of application according to section
9.14148E.055, subdivision 5, paragraph (a), excluding clause (1); and
9.15(ii) meet the supervised practice requirements according to section 148E.055,
9.16subdivision 5, paragraph (a), clause (3).
9.17EFFECTIVE DATE.This section is effective August 1, 2012.

9.18    Sec. 5. Minnesota Statutes 2010, section 148E.060, subdivision 1, is amended to read:
9.19    Subdivision 1. Students and other persons not currently licensed in another
9.20jurisdiction. (a) The board may issue a temporary license to practice social work to an
9.21applicant who is not licensed or credentialed to practice social work in any jurisdiction
9.22but has:
9.23    (1) applied for a license under section 148E.055;
9.24    (2) applied for a temporary license on a form provided by the board;
9.25    (3) submitted a form provided by the board authorizing the board to complete a
9.26criminal background check;
9.27    (4) passed the applicable licensure examination provided for in section 148E.055;
9.28    (5) attested on a form provided by the board that the applicant has completed the
9.29requirements for a baccalaureate or graduate degree in social work from a program
9.30accredited by the Council on Social Work Education, the Canadian Association of Schools
9.31of Social Work, or a similar accreditation accrediting body designated by the board, or a
9.32doctorate in social work from an accredited university; and
9.33    (6) not engaged in conduct that was or would be in violation of the standards of
9.34practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
10.1conduct that was or would be in violation of the standards of practice, the board may take
10.2action according to sections 148E.255 to 148E.270.
10.3(b) A temporary license issued under this subdivision expires after six months.
10.4EFFECTIVE DATE.This section is effective August 1, 2012.

10.5    Sec. 6. Minnesota Statutes 2010, section 148E.060, subdivision 2, is amended to read:
10.6    Subd. 2. Emergency situations and persons currently licensed in another
10.7jurisdiction. (a) The board may issue a temporary license to practice social work to an
10.8applicant who is licensed or credentialed to practice social work in another jurisdiction,
10.9may or may not have applied for a license under section 148E.055, and has:
10.10    (1) applied for a temporary license on a form provided by the board;
10.11    (2) submitted a form provided by the board authorizing the board to complete a
10.12criminal background check;
10.13    (3) submitted evidence satisfactory to the board that the applicant is currently
10.14licensed or credentialed to practice social work in another jurisdiction;
10.15    (4) attested on a form provided by the board that the applicant has completed the
10.16requirements for a baccalaureate or graduate degree in social work from a program
10.17accredited by the Council on Social Work Education, the Canadian Association of Schools
10.18of Social Work, or a similar accreditation accrediting body designated by the board, or a
10.19doctorate in social work from an accredited university; and
10.20    (5) not engaged in conduct that was or would be in violation of the standards of
10.21practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
10.22conduct that was or would be in violation of the standards of practice, the board may take
10.23action according to sections 148E.255 to 148E.270.
10.24(b) A temporary license issued under this subdivision expires after six months.
10.25EFFECTIVE DATE.This section is effective August 1, 2012.

10.26    Sec. 7. Minnesota Statutes 2010, section 148E.060, is amended by adding a subdivision
10.27to read:
10.28    Subd. 2a. Programs in candidacy status. (a) The board may issue a temporary
10.29license to practice social work to an applicant who has completed the requirements for a
10.30baccalaureate or graduate degree in social work from a program in candidacy status with
10.31the Council on Social Work Education, the Canadian Association of Schools of Social
10.32Work, or a similar accrediting body designated by the board, and has:
10.33(1) applied for a license under section 148E.055;
11.1(2) applied for a temporary license on a form provided by the board;
11.2(3) submitted a form provided by the board authorizing the board to complete a
11.3criminal background check;
11.4(4) passed the applicable licensure examination provided for in section 148E.055;
11.5and
11.6(5) not engaged in conduct that is in violation of the standards of practice specified
11.7in sections 148E.195 to 148E.240. If the applicant has engaged in conduct that is in
11.8violation of the standards of practice, the board may take action according to sections
11.9148E.255 to 148E.270.
11.10(b) A temporary license issued under this subdivision expires after 12 months but
11.11may be extended at the board's discretion upon a showing that the social work program
11.12remains in good standing with the Council on Social Work Education, the Canadian
11.13Association of Schools of Social Work, or a similar accrediting body designated by the
11.14board. If the board receives notice from the Council on Social Work Education, the
11.15Canadian Association of Schools of Social Work, or a similar accrediting body designated
11.16by the board that the social work program is not in good standing, or that the accreditation
11.17will not be granted to the social work program, the temporary license is immediately
11.18revoked.
11.19EFFECTIVE DATE.This section is effective August 1, 2012.

11.20    Sec. 8. Minnesota Statutes 2010, section 148E.060, subdivision 3, is amended to read:
11.21    Subd. 3. Teachers. (a) The board may issue a temporary license to practice social
11.22work to an applicant whose permanent residence is outside the United States, who is
11.23teaching social work at an academic institution in Minnesota for a period not to exceed
11.2412 months, who may or may not have applied for a license under section 148E.055, and
11.25who has:
11.26    (1) applied for a temporary license on a form provided by the board;
11.27    (2) submitted a form provided by the board authorizing the board to complete a
11.28criminal background check;
11.29    (3) attested on a form provided by the board that the applicant has completed the
11.30requirements for a baccalaureate or graduate degree in social work; and
11.31    (4) has not engaged in conduct that was or would be in violation of the standards
11.32of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
11.33conduct that was or would be in violation of the standards of practice, the board may take
11.34action according to sections 148E.255 to 148E.270.
11.35(b) A temporary license issued under this subdivision expires after 12 months.
12.1EFFECTIVE DATE.This section is effective August 1, 2012.

12.2    Sec. 9. Minnesota Statutes 2010, section 148E.060, subdivision 5, is amended to read:
12.3    Subd. 5. Temporary license term. (a) A temporary license is valid until expiration,
12.4or until the board issues or denies the license according to section 148E.055, or until
12.5the board revokes the temporary license, whichever comes first. A temporary license is
12.6nonrenewable.
12.7    (b) A temporary license issued according to subdivision 1 or 2 expires after six
12.8months.
12.9    (c) A temporary license issued according to subdivision 3 expires after 12 months.
12.10EFFECTIVE DATE.This section is effective August 1, 2012.

12.11    Sec. 10. Minnesota Statutes 2010, section 148E.065, subdivision 2, is amended to read:
12.12    Subd. 2. Students. An internship, externship, or any other social work experience
12.13that is required for the completion of an accredited program of social work does not
12.14constitute the practice of social work under this chapter. Students exempted under this
12.15section may use the title "social work intern."
12.16EFFECTIVE DATE.This section is effective August 1, 2012.

12.17    Sec. 11. Minnesota Statutes 2010, section 148E.065, subdivision 4, is amended to read:
12.18    Subd. 4. City, county, and state agency social workers. The licensure of city,
12.19county, and state agency social workers is voluntary. City, county, and state agencies
12.20employing social workers are not required to employ licensed social workers.
12.21This subdivision expires July 1, 2016.
12.22EFFECTIVE DATE.This section is effective August 1, 2012.

12.23    Sec. 12. Minnesota Statutes 2010, section 148E.065, is amended by adding a
12.24subdivision to read:
12.25    Subd. 4a. City, county, and state social workers. (a) Beginning July 1, 2016, the
12.26licensure of city, county, and state agency social workers is voluntary, except an individual
12.27who is newly employed by a city or state agency after July 1, 2016, must be licensed
12.28if the individual who provides social work services, as those services are defined in
12.29section 148E.010, subdivision 11, paragraph (b), is presented to the public by any title
12.30incorporating the words "social work" or "social worker."
13.1(b) City, county, and state agencies employing social workers are not required to
13.2employ licensed social workers.
13.3EFFECTIVE DATE.This section is effective July 1, 2012.

13.4    Sec. 13. Minnesota Statutes 2010, section 148E.065, subdivision 5, is amended to read:
13.5    Subd. 5. Tribes and private nonprofit agencies; voluntary licensure. The
13.6licensure of social workers who are employed by federally recognized tribes, or by private
13.7nonprofit agencies whose primary service focus addresses ethnic minority populations,
13.8and who are themselves members of ethnic minority populations within those agencies, is
13.9voluntary.
13.10This subdivision expires July 1, 2016.
13.11EFFECTIVE DATE.This section is effective August 1, 2012.

13.12    Sec. 14. Minnesota Statutes 2010, section 148E.065, is amended by adding a
13.13subdivision to read:
13.14    Subd. 5a. Tribes and private nonprofit agencies; voluntary licensure. (a) The
13.15licensure of social workers who are employed by federally recognized tribes is voluntary.
13.16(b) The licensure of private, nonprofit, nontribal agency social workers whose
13.17primary service focus addresses ethnic minority populations, and who are themselves
13.18members of ethnic minority populations within those agencies, is voluntary until July 1,
13.192016, when newly employed individuals who practice social work must be licensed as
13.20required under section 148E.055, subdivision 1.
13.21EFFECTIVE DATE.This section is effective July 1, 2012.

13.22    Sec. 15. Minnesota Statutes 2010, section 148E.120, is amended to read:
13.23148E.120 REQUIREMENTS OF SUPERVISORS.
13.24    Subdivision 1. Supervisors licensed as social workers. (a) Except as provided in
13.25paragraph (d) subdivision 2, to be eligible to provide supervision under this section, a
13.26social worker must:
13.27    (1) have completed 30 hours of training in supervision through coursework from
13.28an accredited college or university, or through continuing education in compliance with
13.29sections 148E.130 to 148E.170;
13.30    (2) be competent in the activities being supervised; and
14.1    (3) attest, on a form provided by the board, that the social worker has met the
14.2applicable requirements specified in this section and sections 148E.100 to 148E.115. The
14.3board may audit the information provided to determine compliance with the requirements
14.4of this section.
14.5(b) A licensed independent clinical social worker providing clinical licensing
14.6supervision to a licensed graduate social worker or a licensed independent social worker
14.7must have at least 2,000 hours of experience in authorized social work practice, including
14.81,000 hours of experience in clinical practice after obtaining a licensed independent
14.9clinical social worker license.
14.10(c) A licensed social worker, licensed graduate social worker, licensed independent
14.11social worker, or licensed independent clinical social worker providing nonclinical
14.12licensing supervision must have completed the supervised practice requirements specified
14.13in section 148E.100, 148E.105, 148E.106, 148E.110, or 148E.115, as applicable.
14.14    (d) If the board determines that supervision is not obtainable from an individual
14.15meeting the requirements specified in paragraph (a), the board may approve an alternate
14.16supervisor according to subdivision 2.
14.17    Subd. 2. Alternate supervisors. (a) The board may approve an alternate supervisor
14.18if: The board may approve an alternate supervisor as determined in this subdivision. The
14.19board shall approve up to 25 percent of the required supervision hours by a licensed mental
14.20health professional who is competent and qualified to provide supervision according to the
14.21mental health professional's respective licensing board, as established by section 245.462,
14.22subdivision 18, clauses (1) to (6), or 245.4871, subdivision 27, clauses (1) to (6).
14.23    (1) the board determines that supervision is not obtainable according to paragraph
14.24(b);
14.25    (2) the licensee requests in the supervision plan submitted according to section
14.26148E.125, subdivision 1, that an alternate supervisor conduct the supervision;
14.27    (3) the licensee describes the proposed supervision and the name and qualifications
14.28of the proposed alternate supervisor; and
14.29    (4) the requirements of paragraph (d) are met.
14.30    (b) The board may determine that supervision is not obtainable if:
14.31    (1) the licensee provides documentation as an attachment to the supervision plan
14.32submitted according to section 148E.125, subdivision 1, that the licensee has conducted a
14.33thorough search for a supervisor meeting the applicable licensure requirements specified
14.34in sections 148E.100 to 148E.115;
14.35    (2) the licensee demonstrates to the board's satisfaction that the search was
14.36unsuccessful; and
15.1    (3) the licensee describes the extent of the search and the names and locations of
15.2the persons and organizations contacted.
15.3    (c) The requirements specified in paragraph (b) do not apply to obtaining licensing
15.4supervision for social work practice if the board determines that there are five or fewer
15.5supervisors meeting the applicable licensure requirements in sections 148E.100 to
15.6148E.115 in the county where the licensee practices social work.
15.7    (d) An alternate supervisor must:
15.8    (1) be an unlicensed social worker who is employed in, and provides the supervision
15.9in, a setting exempt from licensure by section 148E.065, and who has qualifications
15.10equivalent to the applicable requirements specified in sections 148E.100 to 148E.115;
15.11    (2) be a social worker engaged in authorized practice in Iowa, Manitoba, North
15.12Dakota, Ontario, South Dakota, or Wisconsin, and has the qualifications equivalent to the
15.13applicable requirements specified in sections 148E.100 to 148E.115; or
15.14    (3) be a licensed marriage and family therapist or a mental health professional
15.15as established by section 245.462, subdivision 18, or 245.4871, subdivision 27, or an
15.16equivalent mental health professional, as determined by the board, who is licensed or
15.17credentialed by a state, territorial, provincial, or foreign licensing agency.
15.18    (e) In order to qualify to provide clinical supervision of a licensed graduate social
15.19worker or licensed independent social worker engaged in clinical practice, the alternate
15.20supervisor must be a mental health professional as established by section 245.462,
15.21subdivision 18 , or 245.4871, subdivision 27, or an equivalent mental health professional,
15.22as determined by the board, who is licensed or credentialed by a state, territorial,
15.23provincial, or foreign licensing agency.
15.24(b) The board shall approve up to 100 percent of the required supervision hours by
15.25an alternate supervisor if the board determines that:
15.26(1) there are five or fewer supervisors in the county where the licensee practices
15.27social work who meet the applicable licensure requirements in subdivision 1;
15.28(2) the supervisor is an unlicensed social worker who is employed in, and provides
15.29the supervision in, a setting exempt from licensure by section 148E.065, and who has
15.30qualifications equivalent to the applicable requirements specified in sections 148E.100 to
15.31148E.115;
15.32(3) the supervisor is a social worker engaged in authorized social work practice
15.33in Iowa, Manitoba, North Dakota, Ontario, South Dakota, or Wisconsin, and has the
15.34qualifications equivalent to the applicable requirements in sections 148E.100 to 148E.115;
15.35(4) the applicant or licensee is engaged in nonclinical authorized social work
15.36practice outside of Minnesota and the supervisor meets the qualifications equivalent to
16.1the applicable requirements in sections 148E.100 to 148E.115, or the supervisor is an
16.2equivalent mental health professional, as determined by the board, who is credentialed by
16.3a state, territorial, provincial, or foreign licensing agency; or
16.4(5) the applicant or licensee is engaged in clinical authorized social work practice
16.5outside of Minnesota and the supervisor meets qualifications equivalent to the applicable
16.6requirements in section 148E.115, or the supervisor is an equivalent mental health
16.7professional as determined by the board, who is credentialed by a state, territorial,
16.8provincial, or foreign licensing agency.
16.9(c) In order for the board to consider an alternate supervisor under this section,
16.10the licensee must:
16.11(1) request in the supervision plan and verification submitted according to section
16.12148E.125 that an alternate supervisor conduct the supervision; and
16.13(2) describe the proposed supervision and the name and qualifications of the
16.14proposed alternate supervisor. The board may audit the information provided to determine
16.15compliance with the requirements of this section.
16.16EFFECTIVE DATE.This section is effective August 1, 2012.

16.17    Sec. 16. Minnesota Statutes 2010, section 148E.195, subdivision 2, is amended to read:
16.18    Subd. 2. Representations. (a) No applicant or other individual may be represented
16.19to the public by any title incorporating the words "social work" or "social worker" unless
16.20the individual holds a license according to sections 148E.055 and 148E.060 or practices in
16.21a setting exempt from licensure according to section 148E.065.
16.22    (b) In all professional use of a social worker's name, the social worker must use
16.23the license designation "LSW" or "licensed social worker" for a licensed social worker,
16.24"LGSW" or "licensed graduate social worker" for a licensed graduate social worker,
16.25"LISW" or "licensed independent social worker" for a licensed independent social worker,
16.26or "LICSW" or "licensed independent clinical social worker" for a licensed independent
16.27clinical social worker.
16.28    (c) Public statements or advertisements must not be untruthful, misleading, false,
16.29fraudulent, deceptive, or potentially exploitative of clients, former clients, interns,
16.30students, supervisees, or the public.
16.31    (d) A social worker must not:
16.32    (1) use licensure status as a claim, promise, or guarantee of successful service;
16.33    (2) obtain a license by cheating or employing fraud or deception;
16.34    (3) make false statements or misrepresentations to the board or in materials
16.35submitted to the board; or
17.1    (4) engage in conduct that has the potential to deceive or defraud a social work
17.2client, intern, student, supervisee, or the public.
17.3(e) This subdivision expires July 1, 2016.
17.4EFFECTIVE DATE.This section is effective August 1, 2012.

17.5    Sec. 17. Minnesota Statutes 2010, section 148E.195, is amended by adding a
17.6subdivision to read:
17.7    Subd. 2a. Representations. Effective July 1, 2016:
17.8(a) No applicant or other individual may be represented to the public by any title
17.9incorporating the words "social work" or "social worker" unless the individual is employed
17.10by a county or holds a license according to this chapter.
17.11(b) In all professional use of a social worker's name, the social worker must use
17.12the license designation "LSW" or "licensed social worker" for a licensed social worker,
17.13"LGSW" or "licensed graduate social worker" for a licensed graduate social worker,
17.14"LISW" or "licensed independent social worker" for a licensed independent social worker,
17.15or "LICSW" or "licensed independent clinical social worker" for a licensed independent
17.16clinical social worker.
17.17(c) Public statements or advertisements must not be untruthful, misleading, false,
17.18fraudulent, deceptive, or potentially exploitative of clients, former clients, interns,
17.19students, supervisees, or the public.
17.20(d) A social worker must not:
17.21(1) use licensure status as a claim, promise, or guarantee of successful service;
17.22(2) obtain a license by cheating or employing fraud or deception;
17.23(3) make false statements or misrepresentations to the board or in materials
17.24submitted to the board; or
17.25(4) engage in conduct that has the potential to deceive or defraud a social work
17.26client, intern, student, supervisee, or the public.
17.27EFFECTIVE DATE.This section is effective July 1, 2012.

17.28    Sec. 18. Minnesota Statutes 2010, section 148E.280, is amended to read:
17.29148E.280 USE OF TITLES.
17.30    (a) No individual may be presented to the public by any title incorporating the words
17.31"social work" or "social worker" or in the titles in section 148E.195, unless that individual
17.32holds a license under sections 148E.055 and 148E.060, or practices in a setting exempt
17.33from licensure under section 148E.065.
18.1This paragraph expires July 1, 2016.
18.2(b) Effective July 1, 2016, no individual may be presented to the public by any
18.3title incorporating the words "social work" or "social worker" or in the titles in section
18.4148E.195, unless that individual is employed by a county or holds a license under this
18.5chapter.
18.6EFFECTIVE DATE.This section is effective August 1, 2012.

18.7    Sec. 19. [150A.24] DEFINITIONS.
18.8    Subdivision 1. Scope. For the purposes of sections 150A.24 to 150A.32, the
18.9following terms have the meanings given.
18.10    Subd. 2. Certified dental technician. "Certified dental technician" means a dental
18.11technician who has met the standards set by the National Board for Certification in Dental
18.12Laboratory Technology or its equivalent.
18.13    Subd. 3. Dental laboratory. "Dental laboratory" means a corporation, partnership,
18.14sole proprietor, or other business entity engaged in the manufacture or repair of dental
18.15prosthetic appliances.
18.16    Subd. 4. Work authorization. "Work authorization" means a written instrument
18.17by which a dental laboratory subcontracts to a registered or certified dental laboratory
18.18all or part of the fabrication or repair of a dental prosthetic appliance authorized by
18.19a licensed dentist.
18.20    Subd. 5. Work order. "Work order" means a written instrument prescribed by
18.21a licensed dentist directing a registered or certified dental laboratory to manufacture,
18.22fabricate, or repair a dental prosthetic appliance for an individual patient.
18.23    Subd. 6. Vendor. "Vendor" means a third party under contract with the Board of
18.24Dentistry to perform the registration and certification requirements of sections 150A.24 to
18.25150A.33.
18.26EFFECTIVE DATE.This section is effective January 1, 2013.

18.27    Sec. 20. [150A.25] REGISTRATION FOR DENTAL LABORATORIES.
18.28    Subdivision 1. General. Beginning January 1, 2013, all dental laboratories must
18.29register with the Board of Dentistry according to sections 150A.24 to 150A.32. A dental
18.30laboratory that is physically located within a dental practice is not required to register if
18.31the dental prosthetic appliances are manufactured or repaired for the exclusive use of the
18.32dentist or dentists within the dental practice. A dental laboratory that is located outside
19.1of the state that does work for a Minnesota dental laboratory must be registered with
19.2the vendor.
19.3    Subd. 2. Registration requirements. (a) An application for an initial registration
19.4must be submitted to the vendor in the form required by the vendor accompanied with the
19.5registration fee required under section 150A.32. The application must contain:
19.6(1) the business name of the laboratory;
19.7(2) the physical address of the laboratory;
19.8(3) the name of the laboratory's owner or operator; and
19.9(4) the telephone number and e-mail address of the laboratory owner or operator.
19.10(b) It is the responsibility of the dental laboratory to notify the vendor of any change
19.11in the registration information required under paragraph (a).
19.12    Subd. 3. Unique registration number. Upon approval, the vendor shall issue a
19.13registration and a unique registration number to the dental laboratory.
19.14    Subd. 4. Registration term. Registration shall be valid for five years.
19.15EFFECTIVE DATE.This section is effective January 1, 2013.

19.16    Sec. 21. [150A.26] CERTIFICATION FOR DENTAL LABORATORIES.
19.17    Subdivision 1. General. Beginning January 1, 2013, a dental laboratory may be
19.18certified with the Board of Dentistry according to sections 150A.24 to 150A.32.
19.19    Subd. 2. Certification requirements. An application for an initial certification
19.20and for renewal must be submitted to the vendor in the form required by the vendor and
19.21accompanied with the certification fee required under section 150A.32. The application
19.22must contain:
19.23(1) the name of the laboratory;
19.24(2) the physical address of the laboratory;
19.25(3) verification that the laboratory meets the infectious disease control requirements
19.26under Occupational Safety and Health Administration and the Centers for Disease Control
19.27and Prevention of the United States Public Health Services; and
19.28(4) verification that the laboratory has:
19.29(i) at least one full-time certified dental technician employee in the laboratory; and
19.30(ii) National Board for Certification in Dental Laboratory Technology certification; or
19.31(iii) International Organization for Standardization certification; or
19.32(iv) Dental Appliance Manufacturers Audit System certification.
19.33    Subd. 3. Unique certification number. Upon approval, the NBC shall issue a
19.34certification and a unique certification number to the dental laboratory.
20.1    Subd. 4. Certification term; renewal. (a) Certification shall be valid for one year
20.2from the date of issuance and may be renewed upon submitting the information required
20.3in subdivision 2 and the certification renewal fee required in section 150A.32.
20.4(b) At renewal, a certified dental laboratory must submit an affidavit to the NBC, in
20.5the manner prescribed by the vendor, that each dental technician employed by or under
20.6contract with the laboratory has met the continuing education requirements specified
20.7in section 150A.31.
20.8EFFECTIVE DATE.This section is effective January 1, 2013.

20.9    Sec. 22. [150A.27] WORK ORDER REQUIRED.
20.10No registered or certified dental laboratory shall perform or authorize any dental
20.11technological work without a valid work order from a licensed dentist or a work
20.12authorization issued pursuant to a valid work order. A work order or work authorization
20.13may be handwritten and may be faxed or sent electronically using an electronic signature.
20.14EFFECTIVE DATE.This section is effective January 1, 2013.

20.15    Sec. 23. [150A.28] MATERIAL CONTENT NOTICE.
20.16(a) A dental laboratory shall inform the dentist who issued the work order of:
20.17(1) the country of origin where the technological work was performed in whole
20.18or in part; and
20.19(2) the name, physical address, and registration number of the laboratory or
20.20laboratories that manufactured or repaired the dental prosthesis, either directly or
20.21indirectly.
20.22(b) A dental laboratory shall disclose to the dentist the complete material content
20.23of the patient contact materials contained in the dental prosthetic appliance in a manner
20.24that can be easily entered into a patient record. Upon receipt of the material content
20.25notice, the dentist must include the information in the record of the patient for whom
20.26the prosthesis is intended.
20.27(c) It is the responsibility of the Minnesota licensed dentist to obtain the information
20.28as to material content and country of origin for dental laboratory work performed by
20.29an out-of-state dental laboratory as must be provided by a dental laboratory physically
20.30located in Minnesota and to include this information in the patient's record.
20.31(d) A registered or certified dental laboratory must comply with section 150A.21.
20.32EFFECTIVE DATE.This section is effective January 1, 2013.

21.1    Sec. 24. [150A.29] PROHIBITION AGAINST USE OF NONREGISTERED OR
21.2NONCERTIFIED DENTAL LABORATORIES.
21.3(a) A dentist licensed under this chapter must use a dental laboratory registered
21.4or certified under sections 150A.24 to 150A.32 for any dental laboratory work that is
21.5performed in this state and outside of the office of a licensed dentist.
21.6(b) No registered or certified dental laboratory shall subcontract all or part of any
21.7dental laboratory work that is prescribed by a work order to another dental laboratory in
21.8this state unless the laboratory is registered or certified by the board according to sections
21.9150A.24 to 150A.32.
21.10EFFECTIVE DATE.This section is effective January 1, 2013.

21.11    Sec. 25. [150A.31] CONTINUING EDUCATION REQUIREMENTS.
21.12(a) A certified dental laboratory must maintain on file documentation certifying that
21.13each dental technician employed by or under contract with the laboratory has completed
21.14eight hours of continuing education biennially. The documentation for each dental
21.15technician must include the date, location, sponsor, subject matter, and attendance hours of
21.16each completed continuing education course and any receipts, vouchers, or certificates
21.17necessary to document completion of the continuing education requirement. The
21.18documentation must be retained for each dental technician for at least two certification
21.19renewal cycles.
21.20(b) A continuing education course must contribute directly to the education of the
21.21dental technician to improve dental health care delivery, and must address one or more of
21.22the following areas of professional development:
21.23(1) laboratory and technological subjects including, but not limited to, laboratory
21.24techniques, procedures, materials, and equipment; and
21.25(2) oral health, infection control, and patient safety.
21.26(c) Continuing education courses must meet the criteria established by the National
21.27Board for Certification in Dental Laboratory Technology.
21.28(d) The vendor shall maintain a list on its Web site of upcoming coursework
21.29including the date, time, and location of the course and a description of its content.
21.30(e) The vendor shall maintain a list of the current continuing education status for
21.31each dental technician, and shall update the list at least quarterly.
21.32EFFECTIVE DATE.This section is effective January 1, 2013.

21.33    Sec. 26. [150A.32] FEES.
22.1(a) The fee for registration is $50.
22.2(b) The fee for the initial certification and annual renewal is $150.
22.3(c) The fees specified in this section are nonrefundable.
22.4EFFECTIVE DATE.This section is effective January 1, 2013.

22.5    Sec. 27. [150A.33] RESPONSIBILITIES.
22.6    Subdivision 1. Vendor. (a) The vendor shall maintain a Web site with links to
22.7pages that contain the requirements for registration and certification of dental laboratories
22.8in Minnesota.
22.9(b) The vendor shall maintain an up-to-date Web site with a list of all registered and
22.10certified dental laboratories in Minnesota that includes the name, location, and registration
22.11or certification number of the laboratory.
22.12(c) The vendor shall provide electronic access to the Board of Dentistry of all
22.13registration information required under section 150A.25.
22.14    Subd. 2. Board of Dentistry. (a) The board shall provide a link on its Web site to
22.15the Web page on the NBC Web site that contains the list of registered and certified dental
22.16laboratories in Minnesota.
22.17(b) The board has authority to enforce the provisions of this act that are related to
22.18the practice of dentistry.

22.19    Sec. 28. REPEALER.
22.20Minnesota Statutes 2010, section 148E.065, subdivision 3, is repealed August 1,
22.212012.