HF 1461

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 04/27/2011 04:44pm

A bill for an act
relating to human services; making changes to human services licensing
provisions; changing data practices provisions; amending the Human Services
Background Studies Act; making changes to social worker licensing provisions;
establishing licensing provisions for alcohol and drug counselors; amending
Minnesota Statutes 2010, sections 13.46, subdivision 4; 148E.055, subdivision
1; 148E.060, subdivisions 1, 2, 3, 5, by adding a subdivision; 148E.065,
subdivisions 2, 4, 5; 148E.120; 148E.195, subdivision 2; 148E.280; 245A.02,
by adding subdivisions; 245A.04, subdivisions 1, 7, 11; 245A.05; 245A.07,
subdivision 3; 245A.08, subdivision 2a; 245A.10, subdivision 5; 245A.22,
subdivision 2; 245C.03, subdivision 1; 245C.04, subdivision 1; 245C.05,
subdivisions 4, 6, 7, by adding a subdivision; 245C.07; 245C.08, subdivisions
1, 2, 3; 245C.14, subdivision 2; 245C.15; 245C.16, subdivision 1; 245C.17,
subdivision 2; 245C.22, subdivision 5; 245C.24, subdivision 2; 245C.28,
subdivisions 1, 3; 245C.29, subdivision 2; 256.045, subdivision 3b; proposing
coding for new law in Minnesota Statutes, chapter 148E; proposing coding for
new law as Minnesota Statutes, chapter 148F; repealing Minnesota Statutes
2010, sections 148C.01, subdivisions 1, 1a, 2, 2a, 2b, 2c, 2d, 2e, 2f, 2g, 4, 4a, 5,
7, 9, 10, 11, 11a, 12, 12a, 13, 14, 15, 16, 17, 18; 148C.015; 148C.03, subdivisions
1, 4; 148C.0351, subdivisions 1, 3, 4; 148C.0355; 148C.04, subdivisions 1, 2,
3, 4, 5a, 6, 7; 148C.044; 148C.045; 148C.05; 148C.055; 148C.07; 148C.075;
148C.08; 148C.09, subdivisions 1, 1a, 2, 4; 148C.091; 148C.093; 148C.095;
148C.099; 148C.10, subdivisions 1, 2, 3; 148C.11; 148C.12, subdivisions 1, 2, 3,
5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15; 148E.065, subdivision 3; Minnesota Rules,
parts 4747.0010; 4747.0020; 4747.0030; 4747.0040; 4747.0050; 4747.0060;
4747.0070, subparts 1, 2, 3, 6; 4747.0200; 4747.0400, subpart 1; 4747.0700;
4747.0800; 4747.0900; 4747.1100, subparts 1, 2, 4, 5, 6, 7, 8, 9; 4747.1400;
4747.1500.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

DATA PRACTICES

Section 1.

Minnesota Statutes 2010, section 13.46, subdivision 4, is amended to read:

Subd. 4.

Licensing data.

(a) As used in this subdivision:

(1) "licensing data" means all data collected, maintained, used, or disseminated by
the welfare system pertaining to persons licensed or registered or who apply for licensure
or registration or who formerly were licensed or registered under the authority of the
commissioner of human services;

(2) "client" means a person who is receiving services from a licensee or from an
applicant for licensure; and

(3) "personal and personal financial data" means Social Security numbers, identity
of and letters of reference, insurance information, reports from the Bureau of Criminal
Apprehension, health examination reports, and social/home studies.

(b)(1) new text begin (i) new text end Except as provided in paragraph (c), the following data on applicants,
license holders, and former licensees are public: name, address, telephone number of
licensees, date of receipt of a completed application, dates of licensure, licensed capacity,
type of client preferred, variances granted, record of training and education in child care
and child development, type of dwelling, name and relationship of other family members,
previous license history, class of license, the existence and status of complaints, and the
number of serious injuries to or deaths of individuals in the licensed program as reported
to the commissioner of human services, the local social services agency, or any other
county welfare agency. For purposes of this clause, a serious injury is one that is treated
by a physician.

new text begin (ii) new text end When a correction order, an order to forfeit a fine, an order of license suspension,
an order of temporary immediate suspension, an order of license revocation, an order
of license denial, or an order of conditional license has been issued, or a complaint is
resolved, the following data on current and former licensees and applicants are public: the
substance and investigative findings of the licensing or maltreatment complaint, licensing
violation, or substantiated maltreatment; the record of informal resolution of a licensing
violation; orders of hearing; findings of fact; conclusions of law; specifications of the final
correction order, fine, suspension, temporary immediate suspension, revocation, denial, or
conditional license contained in the record of licensing action; whether a fine has been
paid; and the status of any appeal of these actions. deleted text begin If a licensing sanction under section
245A.07, or a license denial under section 245A.05, is based on a determination that the
license holder or applicant is responsible for maltreatment or is disqualified under chapter
245C, the identity of the license holder or applicant as the individual responsible for
maltreatment or as the disqualified individual is public data at the time of the issuance of
the licensing sanction or denial.
deleted text end

new text begin (iii) When a license denial under section 245A.05 or a sanction under section
245A.07 is based on a determination that the license holder or applicant is responsible for
maltreatment under section 626.556 or 626.557, the identity of the applicant or license
holder as the individual responsible for maltreatment is public data at the time of the
issuance of the license denial or sanction.
new text end

new text begin (iv) When a license denial under section 245A.05 or a sanction under section
245A.07 is based on a determination that the license holder or applicant is disqualified
under chapter 245C, the identity of the license holder or applicant as the disqualified
individual and the reason for the disqualification are public data at the time of the
issuance of the licensing sanction or denial. If the applicant or license holder requests
reconsideration of the disqualification and the disqualification is affirmed, the reason for
the disqualification and the reason to not set aside the disqualification are public data.
new text end

(2) Notwithstanding sections 626.556, subdivision 11, and 626.557, subdivision 12b,
when any person subject to disqualification under section 245C.14 in connection with a
license to provide family day care for children, child care center services, foster care
for children in the provider's home, or foster care or day care services for adults in the
provider's home is a substantiated perpetrator of maltreatment, and the substantiated
maltreatment is a reason for a licensing action, the identity of the substantiated perpetrator
of maltreatment is public data. For purposes of this clause, a person is a substantiated
perpetrator if the maltreatment determination has been upheld under section 256.045;
626.556, subdivision 10i; 626.557, subdivision 9d; or chapter 14, or if an individual or
facility has not timely exercised appeal rights under these sections, except as provided
under clause (1).

(3) For applicants who withdraw their application prior to licensure or denial of a
license, the following data are public: the name of the applicant, the city and county in
which the applicant was seeking licensure, the dates of the commissioner's receipt of the
initial application and completed application, the type of license sought, and the date
of withdrawal of the application.

(4) For applicants who are denied a license, the following data are public: the name
and address of the applicant, the city and county in which the applicant was seeking
licensure, the dates of the commissioner's receipt of the initial application and completed
application, the type of license sought, the date of denial of the application, the nature of
the basis for the denial, the record of informal resolution of a denial, orders of hearings,
findings of fact, conclusions of law, specifications of the final order of denial, and the
status of any appeal of the denial.

(5) The following data on persons subject to disqualification under section 245C.14
in connection with a license to provide family day care for children, child care center
services, foster care for children in the provider's home, or foster care or day care
services for adults in the provider's home, are public: the nature of any disqualification
set aside under section 245C.22, subdivisions 2 and 4, and the reasons for setting aside
the disqualification; the nature of any disqualification for which a variance was granted
under sections 245A.04, subdivision 9; and 245C.30, and the reasons for granting any
variance under section 245A.04, subdivision 9; and, if applicable, the disclosure that
any person subject to a background study under section 245C.03, subdivision 1, has
successfully passed a background study. If a licensing sanction under section 245A.07,
or a license denial under section 245A.05, is based on a determination that an individual
subject to disqualification under chapter 245C is disqualified, the disqualification as a
basis for the licensing sanction or denial is public data. As specified in clause (1), new text begin item
(iv), new text end if the disqualified individual is the license holder or applicant, the identity of the
license holder or applicant deleted text begin is deleted text end new text begin and the reason for the disqualification are new text end public data new text begin ; and, if
the license holder or applicant requested reconsideration of the disqualification and the
disqualification is affirmed, the reason for the disqualification and the reason to not set
aside the disqualification are public data new text end . If the disqualified individual is an individual
other than the license holder or applicant, the identity of the disqualified individual shall
remain private data.

(6) When maltreatment is substantiated under section 626.556 or 626.557 and the
victim and the substantiated perpetrator are affiliated with a program licensed under
chapter 245A, the commissioner of human services, local social services agency, or
county welfare agency may inform the license holder where the maltreatment occurred of
the identity of the substantiated perpetrator and the victim.

(7) Notwithstanding clause (1), for child foster care, only the name of the license
holder and the status of the license are public if the county attorney has requested that data
otherwise classified as public data under clause (1) be considered private data based on the
best interests of a child in placement in a licensed program.

(c) The following are private data on individuals under section 13.02, subdivision
12, or nonpublic data under section 13.02, subdivision 9: personal and personal financial
data on family day care program and family foster care program applicants and licensees
and their family members who provide services under the license.

(d) The following are private data on individuals: the identity of persons who have
made reports concerning licensees or applicants that appear in inactive investigative data,
and the records of clients or employees of the licensee or applicant for licensure whose
records are received by the licensing agency for purposes of review or in anticipation of a
contested matter. The names of reporters of complaints or alleged violations of licensing
standards under chapters 245A, 245B, 245C, and applicable rules and alleged maltreatment
under sections 626.556 and 626.557, are confidential data and may be disclosed only as
provided in section 626.556, subdivision 11, or 626.557, subdivision 12b.

(e) Data classified as private, confidential, nonpublic, or protected nonpublic under
this subdivision become public data if submitted to a court or administrative law judge as
part of a disciplinary proceeding in which there is a public hearing concerning a license
which has been suspended, immediately suspended, revoked, or denied.

(f) Data generated in the course of licensing investigations that relate to an alleged
violation of law are investigative data under subdivision 3.

(g) Data that are not public data collected, maintained, used, or disseminated under
this subdivision that relate to or are derived from a report as defined in section 626.556,
subdivision 2, or 626.5572, subdivision 18, are subject to the destruction provisions of
sections 626.556, subdivision 11c, and 626.557, subdivision 12b.

(h) Upon request, not public data collected, maintained, used, or disseminated under
this subdivision that relate to or are derived from a report of substantiated maltreatment as
defined in section 626.556 or 626.557 may be exchanged with the Department of Health
for purposes of completing background studies pursuant to section 144.057 and with
the Department of Corrections for purposes of completing background studies pursuant
to section 241.021.

(i) Data on individuals collected according to licensing activities under chapters
245A and 245C, deleted text begin and deleted text end data on individuals collected by the commissioner of human services
according to deleted text begin maltreatment deleted text end investigations under new text begin chapters 245A, 245B, and 245C, and
new text end sections 626.556 and 626.557 deleted text begin , deleted text end may be shared with the Department of Human Rights, the
Department of Health, the Department of Corrections, the ombudsman for mental health
and developmental disabilities, and the individual's professional regulatory board when
there is reason to believe that laws or standards under the jurisdiction of those agencies
may have been violated new text begin or the information may otherwise be relevant to the board's
regulatory jurisdiction new text end . Unless otherwise specified in this chapter, the identity of a reporter
of alleged maltreatment or licensing violations may not be disclosed.

(j) In addition to the notice of determinations required under section 626.556,
subdivision 10f, if the commissioner or the local social services agency has determined
that an individual is a substantiated perpetrator of maltreatment of a child based on sexual
abuse, as defined in section 626.556, subdivision 2, and the commissioner or local social
services agency knows that the individual is a person responsible for a child's care in
another facility, the commissioner or local social services agency shall notify the head
of that facility of this determination. The notification must include an explanation of the
individual's available appeal rights and the status of any appeal. If a notice is given under
this paragraph, the government entity making the notification shall provide a copy of the
notice to the individual who is the subject of the notice.

(k) All not public data collected, maintained, used, or disseminated under this
subdivision and subdivision 3 may be exchanged between the Department of Human
Services, Licensing Division, and the Department of Corrections for purposes of
regulating services for which the Department of Human Services and the Department
of Corrections have regulatory authority.

ARTICLE 2

LICENSING

Section 1.

Minnesota Statutes 2010, section 245A.02, is amended by adding a
subdivision to read:

new text begin Subd. 3b. new text end

new text begin Conservator. new text end

new text begin "Conservator" has the meaning given in section 524.5-102,
subdivision 3.
new text end

Sec. 2.

Minnesota Statutes 2010, section 245A.02, is amended by adding a subdivision
to read:

new text begin Subd. 7c. new text end

new text begin Guardian. new text end

new text begin "Guardian" has the meaning given in section 524.5-102,
subdivision 5.
new text end

Sec. 3.

Minnesota Statutes 2010, section 245A.02, is amended by adding a subdivision
to read:

new text begin Subd. 11a. new text end

new text begin Primary residence. new text end

new text begin "Primary residence" means the location where the
license holder physically resides on an ongoing basis and is the address listed on the
license holder's Minnesota drivers' license or Minnesota identification card, and voter
registration. The license holder must have only one primary residence. The commissioner
may require the license holder to submit one or more of the following as evidence:
new text end

new text begin (1) recent utility bills in the license holder's name;
new text end

new text begin (2) verification of property insurance in the license holder's name; or
new text end

new text begin (3) the license holder's current Minnesota drivers' license, Minnesota identification
card, or voter's registration.
new text end

Sec. 4.

Minnesota Statutes 2010, section 245A.04, subdivision 1, is amended to read:

Subdivision 1.

Application for licensure.

(a) An individual, corporation,
partnership, voluntary association, other organization or controlling individual that is
subject to licensure under section 245A.03 must apply for a license. The application
must be made on the forms and in the manner prescribed by the commissioner. The
commissioner shall provide the applicant with instruction in completing the application
and provide information about the rules and requirements of other state agencies that affect
the applicant. An applicant seeking licensure in Minnesota with headquarters outside of
Minnesota must have a program office located within the state.

The commissioner shall act on the application within 90 working days after a
complete application and any required reports have been received from other state
agencies or departments, counties, municipalities, or other political subdivisions. The
commissioner shall not consider an application to be complete until the commissioner
receives all of the information required under section 245C.05.

new text begin When the commissioner receives an application that is incomplete because the
applicant failed to submit required documents or that is substantially deficient because the
documents submitted do not meet licensing requirements, the commissioner shall provide
the applicant written notice that the application is incomplete or substantially deficient.
In the written notice to the applicant the commissioner shall identify documents that
are missing or deficient and give the applicant 45 days to resubmit a second application
that is substantially complete. An applicant's failure to submit a substantially complete
application after receiving notice from the commissioner is a basis for license denial
under section 245A.05.
new text end

(b) An application for licensure must specify one or more controlling individuals as
an agent who is responsible for dealing with the commissioner of human services on all
matters provided for in this chapter and on whom service of all notices and orders must be
made. The agent must be authorized to accept service on behalf of all of the controlling
individuals of the program. Service on the agent is service on all of the controlling
individuals of the program. It is not a defense to any action arising under this chapter that
service was not made on each controlling individual of the program. The designation of
one or more controlling individuals as agents under this paragraph does not affect the legal
responsibility of any other controlling individual under this chapter.

(c) An applicant or license holder must have a policy that prohibits license holders,
employees, subcontractors, and volunteers, when directly responsible for persons served
by the program, from abusing prescription medication or being in any manner under
the influence of a chemical that impairs the individual's ability to provide services or
care. The license holder must train employees, subcontractors, and volunteers about the
program's drug and alcohol policy.

(d) An applicant and license holder must have a program grievance procedure that
permits persons served by the program and their authorized representatives to bring a
grievance to the highest level of authority in the program.

new text begin (e) The applicant must be able to demonstrate competent knowledge of the
applicable requirements of this chapter and chapter 245C, and the requirements of
other licensing statutes and rules applicable to the program or services for which the
applicant is seeking to be licensed. Effective January 1, 2012, the commissioner may
require the applicant, except for child foster care, to demonstrate competence in the
applicable licensing requirements by successfully completing a written examination. The
commissioner may develop a prescribed written examination format.
new text end

new text begin (f) When an applicant is an individual, the individual must provide the applicant's
Social Security number and a photocopy of a Minnesota driver's license, Minnesota
identification card, or valid United States passport.
new text end

new text begin (g) When an applicant is a nonindividual, the applicant must provide the applicant's
Minnesota tax identification number, the name, address, and Social Security number of
all individuals who will be controlling individuals, including all officers, owners, and
managerial officials as defined in section 245A.02, subdivision 5a, and the date that the
background study was initiated by the applicant for each controlling individual, and:
new text end

new text begin (1) if the agent authorized to accept service on behalf of all the controlling
individuals resides in Minnesota, the agent must provide a photocopy of the agent's
Minnesota driver's license, Minnesota identification card, or United States passport;
new text end

new text begin (2) if the agent authorized to accept service on behalf of all the controlling
individuals resides outside Minnesota, the agent must provide a photocopy of the agent's
driver's license or identification card from the state where the agent resides or a photocopy
of the agent's United States passport.
new text end

Sec. 5.

Minnesota Statutes 2010, section 245A.04, subdivision 7, is amended to read:

Subd. 7.

Grant of license; license extension.

(a) If the commissioner determines
that the program complies with all applicable rules and laws, the commissioner shall issue
a license. At minimum, the license shall state:

(1) the name of the license holder;

(2) the address of the program;

(3) the effective date and expiration date of the license;

(4) the type of license;

(5) the maximum number and ages of persons that may receive services from the
program; and

(6) any special conditions of licensure.

(b) The commissioner may issue an initial license for a period not to exceed two
years if:

(1) the commissioner is unable to conduct the evaluation or observation required
by subdivision 4, paragraph (a), clauses (3) and (4), because the program is not yet
operational;

(2) certain records and documents are not available because persons are not yet
receiving services from the program; and

(3) the applicant complies with applicable laws and rules in all other respects.

(c) A decision by the commissioner to issue a license does not guarantee that any
person or persons will be placed or cared for in the licensed program. A license shall not
be transferable to another individual, corporation, partnership, voluntary association, other
organization, or controlling individual or to another location.

(d) A license holder must notify the commissioner and obtain the commissioner's
approval before making any changes that would alter the license information listed under
paragraph (a).

(e) Except as provided in paragraphs (g) and (h), the commissioner shall not issue or
reissue a license if the applicant, license holder, or controlling individual has:

(1) been disqualified and the disqualification was not set aside and no variance has
been granted;

(2) deleted text begin has deleted text end been denied a license within the past two years;

(3) had a license revoked within the past five years; deleted text begin or
deleted text end

(4) deleted text begin has deleted text end an outstanding debt related to a license fee, licensing fine, or settlement
agreement for which payment is delinquent deleted text begin . deleted text end new text begin ; or
new text end

new text begin (5) failed to submit the information required of an applicant under section 245A.04,
subdivision 1, paragraph (f) or (g), after being requested by the commissioner.
new text end

When a license is revoked under clause (1) or (3), the license holder and controlling
individual may not hold any license under chapter 245A or 245B for five years following
the revocation, and other licenses held by the applicant, license holder, or controlling
individual shall also be revoked.

(f) The commissioner shall not issue or reissue a license if an individual living in
the household where the licensed services will be provided as specified under section
245C.03, subdivision 1, has been disqualified and the disqualification has not been set
aside and no variance has been granted.

(g) Pursuant to section 245A.07, subdivision 1, paragraph (b), when a license has
been suspended or revoked and the suspension or revocation is under appeal, the program
may continue to operate pending a final order from the commissioner. If the license under
suspension or revocation will expire before a final order is issued, a temporary provisional
license may be issued provided any applicable license fee is paid before the temporary
provisional license is issued.

(h) Notwithstanding paragraph (g), when a revocation is based on the disqualification
of a controlling individual or license holder, and the controlling individual or license holder
is ordered under section 245C.17 to be immediately removed from direct contact with
persons receiving services or is ordered to be under continuous, direct supervision when
providing direct contact services, the program may continue to operate only if the program
complies with the order and submits documentation demonstrating compliance with the
order. If the disqualified individual fails to submit a timely request for reconsideration, or
if the disqualification is not set aside and no variance is granted, the order to immediately
remove the individual from direct contact or to be under continuous, direct supervision
remains in effect pending the outcome of a hearing and final order from the commissioner.

(i) For purposes of reimbursement for meals only, under the Child and Adult Care
Food Program, Code of Federal Regulations, title 7, subtitle B, chapter II, subchapter A,
part 226, relocation within the same county by a licensed family day care provider, shall
be considered an extension of the license for a period of no more than 30 calendar days or
until the new license is issued, whichever occurs first, provided the county agency has
determined the family day care provider meets licensure requirements at the new location.

(j) Unless otherwise specified by statute, all licenses expire at 12:01 a.m. on the
day after the expiration date stated on the license. A license holder must apply for and
be granted a new license to operate the program or the program must not be operated
after the expiration date.

(k) The commissioner shall not issue or reissue a license if it has been determined that
a tribal licensing authority has established jurisdiction to license the program or service.

Sec. 6.

Minnesota Statutes 2010, section 245A.04, subdivision 11, is amended to read:

Subd. 11.

Education program; permitted ages, additional requirement.

(a) deleted text begin The
education program offered in a residential or nonresidential program, except for child care,
foster care, or services for adults, must be approved by the commissioner of education
before the commissioner of human services may grant a license to the program. deleted text end new text begin Except for
foster care, the commissioner of human services may not grant a license to a residential
facility for the placement of children before the commissioner has received documentation
of approval of the educational program from the commissioner of education according to
section 125A.515.
new text end

(b) deleted text begin A residential program licensed by the commissioner of human services under
deleted text end deleted text begin Minnesota Rules, parts 2960.0010 to 2960.0710, may serve persons through the age of
deleted text end deleted text begin 19 when:
deleted text end

deleted text begin (1) the admission or continued stay is necessary for a person to complete a secondary
deleted text end deleted text begin school program or its equivalent, or it is necessary to facilitate a transition period after
deleted text end deleted text begin completing the secondary school program or its equivalent for up to four months in order
deleted text end deleted text begin for the resident to obtain other living arrangements;
deleted text end

deleted text begin (2) the facility develops policies, procedures, and plans required under section
deleted text end deleted text begin ;
deleted text end

deleted text begin (3) the facility documents an assessment of the 18- or 19-year-old person's risk
deleted text end deleted text begin of victimizing children residing in the facility, and develops necessary risk reduction
deleted text end deleted text begin measures, including sleeping arrangements, to minimize any risk of harm to children; and
deleted text end

deleted text begin (4) notwithstanding the license holder's target population age range, whenever
deleted text end deleted text begin persons age 18 or 19 years old are receiving residential services, the age difference among
deleted text end deleted text begin residents may not exceed five years.
deleted text end

deleted text begin (c) deleted text end A deleted text begin child foster care deleted text end program licensed by the commissioner under Minnesota
Rules, chapter 2960, may serve persons who are over the age of 18 but under the age
of 21 when the person is:

(1) completing secondary education or a program leading to an equivalent credential;

(2) enrolled in an institution which provides postsecondary or vocational education;

(3) participating in a program or activity designed to promote, or remove barriers to,
employment;

(4) employed for at least 80 hours per month; or

(5) incapable of doing any of the activities described in clauses (1) to (4) due to a
medical condition, which incapability is supported by regularly updated information in the
case plan of the person.

new text begin (c) In addition to the requirements in paragraph (b), a residential program licensed
by the commissioner of human services under Minnesota Rules, parts 2960.0010 to
2960.0710, may serve persons under the age of 21 provided the facility complies with the
following requirements:
new text end

new text begin (1) for each person age 18 and older served at the program, the program must assess
and document the person's risk of victimizing other residents residing in the facility, and
based on the assessment, the facility must develop and implement necessary measures
to minimize any risk of harm to other residents, including making arrangements for
appropriate sleeping arrangements; and
new text end

new text begin (2) the program must assure that the services and living arrangements provided to all
residents are suitable to the age and functioning of the residents, including separation of
services, staff supervision, and other program operations as appropriate.
new text end

(d) Nothing in this deleted text begin paragraph deleted text end new text begin subdivision new text end precludes the license holder from seeking
other variances under subdivision 9.

Sec. 7.

Minnesota Statutes 2010, section 245A.05, is amended to read:

245A.05 DENIAL OF APPLICATION.

(a) The commissioner may deny a license if an applicant or controlling individual:

new text begin (1) fails to submit a substantially complete application after receiving notice from
the commissioner under section 245A.04, subdivision 1;
new text end

deleted text begin (1) deleted text end new text begin (2) new text end fails to comply with applicable laws or rules;

deleted text begin (2) deleted text end new text begin (3) new text end knowingly withholds relevant information from or gives false or misleading
information to the commissioner in connection with an application for a license or during
an investigation;

deleted text begin (3) deleted text end new text begin (4) new text end has a disqualification that has not been set aside under section 245C.22
and no variance has been granted;

deleted text begin (4) deleted text end new text begin (5) new text end has an individual living in the household who received a background study
under section 245C.03, subdivision 1, paragraph (a), clause (2), who has a disqualification
that has not been set aside under section 245C.22, and no variance has been granted; deleted text begin or
deleted text end

deleted text begin (5) deleted text end new text begin (6) new text end is associated with an individual who received a background study under
section 245C.03, subdivision 1, paragraph (a), clause (6), who may have unsupervised
access to children or vulnerable adults, and who has a disqualification that has not been set
aside under section 245C.22, and no variance has been granted deleted text begin . deleted text end new text begin ; or
new text end

new text begin (7) fails to comply with section 245A.04, subdivision 1, paragraph (f) or (g).
new text end

(b) An applicant whose application has been denied by the commissioner must be
given notice of the denial. Notice must be given by certified mail or personal service.
The notice must state the reasons the application was denied and must inform the
applicant of the right to a contested case hearing under chapter 14 and Minnesota Rules,
parts 1400.8505 to 1400.8612. The applicant may appeal the denial by notifying the
commissioner in writing by certified mail or personal service. If mailed, the appeal must
be postmarked and sent to the commissioner within 20 calendar days after the applicant
received the notice of denial. If an appeal request is made by personal service, it must
be received by the commissioner within 20 calendar days after the applicant received the
notice of denial. Section 245A.08 applies to hearings held to appeal the commissioner's
denial of an application.

Sec. 8.

Minnesota Statutes 2010, section 245A.07, subdivision 3, is amended to read:

Subd. 3.

License suspension, revocation, or fine.

(a) The commissioner may
suspend or revoke a license, or impose a fine if new text begin :
new text end

new text begin (1) new text end a license holder fails to comply fully with applicable laws or rules deleted text begin , if deleted text end new text begin ;
new text end

new text begin (2) new text end a license holder, a controlling individual, or an individual living in the household
where the licensed services are provided or is otherwise subject to a background study has
a disqualification which has not been set aside under section 245C.22 deleted text begin , or if deleted text end new text begin ; new text end

new text begin (3) new text end a license holder knowingly withholds relevant information from or gives false
or misleading information to the commissioner in connection with an application for
a license, in connection with the background study status of an individual, during an
investigation, or regarding compliance with applicable laws or rules deleted text begin . deleted text end new text begin ; or
new text end

new text begin (4) after July 1, 2012, and upon request by the commissioner, a license holder fails
to submit the information required of an applicant under section 245A.04, subdivision 1,
paragraph (f) or (g). new text end

A license holder who has had a license suspended, revoked, or has been ordered
to pay a fine must be given notice of the action by certified mail or personal service. If
mailed, the notice must be mailed to the address shown on the application or the last
known address of the license holder. The notice must state the reasons the license was
suspended, revoked, or a fine was ordered.

(b) If the license was suspended or revoked, the notice must inform the license
holder of the right to a contested case hearing under chapter 14 and Minnesota Rules, parts
1400.8505 to 1400.8612. The license holder may appeal an order suspending or revoking
a license. The appeal of an order suspending or revoking a license must be made in writing
by certified mail or personal service. If mailed, the appeal must be postmarked and sent to
the commissioner within ten calendar days after the license holder receives notice that the
license has been suspended or revoked. If a request is made by personal service, it must be
received by the commissioner within ten calendar days after the license holder received
the order. Except as provided in subdivision 2a, paragraph (c), if a license holder submits
a timely appeal of an order suspending or revoking a license, the license holder may
continue to operate the program as provided in section 245A.04, subdivision 7, paragraphs
(g) and (h), until the commissioner issues a final order on the suspension or revocation.

(c)(1) If the license holder was ordered to pay a fine, the notice must inform the
license holder of the responsibility for payment of fines and the right to a contested case
hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The appeal
of an order to pay a fine must be made in writing by certified mail or personal service. If
mailed, the appeal must be postmarked and sent to the commissioner within ten calendar
days after the license holder receives notice that the fine has been ordered. If a request is
made by personal service, it must be received by the commissioner within ten calendar
days after the license holder received the order.

(2) The license holder shall pay the fines assessed on or before the payment date
specified. If the license holder fails to fully comply with the order, the commissioner
may issue a second fine or suspend the license until the license holder complies. If the
license holder receives state funds, the state, county, or municipal agencies or departments
responsible for administering the funds shall withhold payments and recover any payments
made while the license is suspended for failure to pay a fine. A timely appeal shall stay
payment of the fine until the commissioner issues a final order.

(3) A license holder shall promptly notify the commissioner of human services,
in writing, when a violation specified in the order to forfeit a fine is corrected. If upon
reinspection the commissioner determines that a violation has not been corrected as
indicated by the order to forfeit a fine, the commissioner may issue a second fine. The
commissioner shall notify the license holder by certified mail or personal service that a
second fine has been assessed. The license holder may appeal the second fine as provided
under this subdivision.

(4) Fines shall be assessed as follows: the license holder shall forfeit $1,000 for
each determination of maltreatment of a child under section 626.556 or the maltreatment
of a vulnerable adult under section 626.557 for which the license holder is determined
responsible for the maltreatment under section 626.556, subdivision 10e, paragraph (i),
or 626.557, subdivision 9c, paragraph (c); the license holder shall forfeit $200 for each
occurrence of a violation of law or rule governing matters of health, safety, or supervision,
including but not limited to the provision of adequate staff-to-child or adult ratios, and
failure to comply with background study requirements under chapter 245C; and the license
holder shall forfeit $100 for each occurrence of a violation of law or rule other than those
subject to a $1,000 or $200 fine above. For purposes of this section, "occurrence" means
each violation identified in the commissioner's fine order. Fines assessed against a license
holder that holds a license to provide the residential-based habilitation services, as defined
under section 245B.02, subdivision 20, and a license to provide foster care, may be
assessed against both licenses for the same occurrence, but the combined amount of the
fines shall not exceed the amount specified in this clause for that occurrence.

(5) When a fine has been assessed, the license holder may not avoid payment by
closing, selling, or otherwise transferring the licensed program to a third party. In such an
event, the license holder will be personally liable for payment. In the case of a corporation,
each controlling individual is personally and jointly liable for payment.

new text begin (d) Except for background study violations involving the failure to comply with an
order to immediately remove an individual or an order to provide continuous, direct
supervision, the commissioner shall not issue a fine under paragraph (c) relating to a
background study violation to a license holder who self-corrects a background study
violation before the commissioner discovers the violation. A license holder who has
previously exercised the provisions of this paragraph to avoid a fine for a background
study violation may not avoid a fine for a subsequent background study violation unless at
least 365 days have passed since the license holder self-corrected the earlier background
study violation.
new text end

Sec. 9.

Minnesota Statutes 2010, section 245A.08, subdivision 2a, is amended to read:

Subd. 2a.

Consolidated contested case hearings.

(a) When a denial of a license
under section 245A.05 or a licensing sanction under section 245A.07, subdivision 3, is
based on a disqualification for which reconsideration was requested and which was not
set aside under section 245C.22, the scope of the contested case hearing shall include the
disqualification and the licensing sanction or denial of a license, unless otherwise specified
in this subdivision. When the licensing sanction or denial of a license is based on a
determination of maltreatment under section 626.556 or 626.557, or a disqualification for
serious or recurring maltreatment which was not set aside, the scope of the contested case
hearing shall include the maltreatment determination, disqualification, and the licensing
sanction or denial of a license, unless otherwise specified in this subdivision. In such
cases, a fair hearing under section 256.045 shall not be conducted as provided for in
sections 245C.27, 626.556, subdivision 10i, and 626.557, subdivision 9d.

(b) Except for family child care and child foster care, reconsideration of a
maltreatment determination under sections 626.556, subdivision 10i, and 626.557,
subdivision 9d, and reconsideration of a disqualification under section 245C.22, shall
not be conducted when:

(1) a denial of a license under section 245A.05, or a licensing sanction under section
245A.07, is based on a determination that the license holder is responsible for maltreatment
or the disqualification of a license holder is based on serious or recurring maltreatment;

(2) the denial of a license or licensing sanction is issued at the same time as the
maltreatment determination or disqualification; and

(3) the license holder appeals the maltreatment determination or disqualification,
and denial of a license or licensing sanction. In these cases, a fair hearing shall not be
conducted under sections 245C.27, 626.556, subdivision 10i, and 626.557, subdivision
9d. The scope of the contested case hearing must include the maltreatment determination,
disqualification, and denial of a license or licensing sanction.

Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment
determination or disqualification, but does not appeal the denial of a license or a licensing
sanction, reconsideration of the maltreatment determination shall be conducted under
sections 626.556, subdivision 10i, and 626.557, subdivision 9d, and reconsideration of the
disqualification shall be conducted under section 245C.22. In such cases, a fair hearing
shall also be conducted as provided under sections 245C.27, 626.556, subdivision 10i, and
626.557, subdivision 9d.

(c) In consolidated contested case hearings regarding sanctions issued in family child
care, child foster care, family adult day services, and adult foster care, the county attorney
shall defend the commissioner's orders in accordance with section 245A.16, subdivision 4.

(d) The commissioner's final order under subdivision 5 is the final agency action
on the issue of maltreatment and disqualification, including for purposes of subsequent
background studies under chapter 245C and is the only administrative appeal of the final
agency determination, specifically, including a challenge to the accuracy and completeness
of data under section 13.04.

(e) When consolidated hearings under this subdivision involve a licensing sanction
based on a previous maltreatment determination for which the commissioner has issued
a final order in an appeal of that determination under section 256.045, or the individual
failed to exercise the right to appeal the previous maltreatment determination under
section 626.556, subdivision 10i, or 626.557, subdivision 9d, the commissioner's order is
conclusive on the issue of maltreatment. In such cases, the scope of the administrative
law judge's review shall be limited to the disqualification and the licensing sanction or
denial of a license. In the case of a denial of a license or a licensing sanction issued to
a facility based on a maltreatment determination regarding an individual who is not the
license holder or a household member, the scope of the administrative law judge's review
includes the maltreatment determination.

(f) The hearings of all parties may be consolidated into a single contested case
hearing upon consent of all parties and the administrative law judge, if:

(1) a maltreatment determination or disqualification, which was not set aside under
section 245C.22, is the basis for a denial of a license under section 245A.05 or a licensing
sanction under section 245A.07;

(2) the disqualified subject is an individual other than the license holder and upon
whom a background study must be conducted under section 245C.03; and

(3) the individual has a hearing right under section 245C.27.

(g) When a denial of a license under section 245A.05 or a licensing sanction under
section 245A.07 is based on a disqualification for which reconsideration was requested
and was not set aside under section 245C.22, and the individual otherwise has no hearing
right under section 245C.27, the scope of the administrative law judge's review shall
include the denial or sanction and a determination whether the disqualification should
be set aside, unless section 245C.24 prohibits the set-aside of the disqualification. In
determining whether the disqualification should be set aside, the administrative law judge
shall consider the factors under section 245C.22, subdivision 4, to determine whether the
individual poses a risk of harm to any person receiving services from the license holder.

(h) Notwithstanding section 245C.30, subdivision 5, when a licensing sanction
under section 245A.07 is based on the termination of a variance under section 245C.30,
subdivision 4, the scope of the administrative law judge's review shall include the sanction
and a determination whether the disqualification should be set aside, unless section
245C.24 prohibits the set-aside of the disqualification. In determining whether the
disqualification should be set aside, the administrative law judge shall consider the factors
under section 245C.22, subdivision 4, to determine whether the individual poses a risk of
harm to any person receiving services from the license holder.

new text begin (i) The scope of the consolidated contested case hearing under this section relating
to a disqualification does not include the issue of whether the commissioner was required
to seal agency records according to a district court order or other applicable law.
new text end

new text begin (j) When a license holder that is operating following the appeal of a sanction under
section 245A.07 has subsequent substantiated violations of applicable statute or rule
before the contested case hearing date, the additional violations will automatically be
included in the scope of that hearing.
new text end

Sec. 10.

Minnesota Statutes 2010, section 245A.10, subdivision 5, is amended to read:

Subd. 5.

License or certification fee for other programs.

(a) Except as provided
in paragraphs (b) and (c), a program without a stated licensed capacity shall pay a license
or certification fee of $400.

(b) A mental health center or mental health clinic requesting certification for
purposes of insurance and subscriber contract reimbursement under Minnesota Rules,
parts 9520.0750 to 9520.0870, shall pay a certification fee of $1,000 per year. If the
mental health center or mental health clinic provides services at a primary location with
satellite facilities, the satellite facilities shall be certified with the primary location without
an additional charge.

(c) A program licensed to provide residential-based habilitation services under the
home and community-based waiver for persons with developmental disabilities shall pay
an annual license fee that includes a base rate of $250 plus $38 times the number of clients
served on the first day of deleted text begin August deleted text end new text begin July new text end of the current license year. State-operated programs
are exempt from the license fee under this paragraph.

Sec. 11.

Minnesota Statutes 2010, section 245A.22, subdivision 2, is amended to read:

Subd. 2.

Admission.

(a) The license holder shall accept as clients in the independent
living assistance program only youth ages 16 to 21 who are in out-of-home placement,
leaving out-of-home placement, at risk of becoming homeless, or homeless.

(b) Youth who have current drug or alcohol problems, a recent history of violent
behaviors, or a mental health disorder or issue that is not being resolved through
counseling or treatment are not eligible to receive the services described in subdivision 1.

(c) Youth who are not employed, participating in employment training, or enrolled
in an academic program are not eligible to receive transitional housing or independent
living assistance.

new text begin (d) The commissioner may grant variances under section 245A.04, subdivision 9,
to requirements in this section.
new text end

Sec. 12.

Minnesota Statutes 2010, section 245C.03, subdivision 1, is amended to read:

Subdivision 1.

Licensed programs.

(a) The commissioner shall conduct a
background study on:

(1) the person or persons applying for a license;

(2) an individual age 13 and over living in the household where the licensed program
will be provided new text begin who is not receiving licensed services from the program new text end ;

(3) current or prospective employees or contractors of the applicant who will have
direct contact with persons served by the facility, agency, or program;

(4) volunteers or student volunteers who will have direct contact with persons served
by the program to provide program services if the contact is not under the continuous,
direct supervision by an individual listed in clause (1) or (3);

(5) an individual age ten to 12 living in the household where the licensed services
will be provided when the commissioner has reasonable cause;

(6) an individual who, without providing direct contact services at a licensed
program, may have unsupervised access to children or vulnerable adults receiving services
from a program, when the commissioner has reasonable cause; and

(7) all managerial officials as defined under section 245A.02, subdivision 5a.

(b) For family child foster care settings, a short-term substitute caregiver providing
direct contact services for a child for less than 72 hours of continuous care is not required
to receive a background study under this chapter.

Sec. 13.

Minnesota Statutes 2010, section 245C.04, subdivision 1, is amended to read:

Subdivision 1.

Licensed programs.

(a) The commissioner shall conduct a
background study of an individual required to be studied under section 245C.03,
subdivision 1, at least upon application for initial license for all license types.

(b) The commissioner shall conduct a background study of an individual required
to be studied under section 245C.03, subdivision 1, at reapplication for a license for
family child care.

(c) The commissioner is not required to conduct a study of an individual at the time
of reapplication for a license if the individual's background study was completed by the
commissioner of human services for an adult foster care license holder that is also:

(1) registered under chapter 144D; or

(2) licensed to provide home and community-based services to people with
disabilities at the foster care location and the license holder does not reside in the foster
care residence; and

(3) the following conditions are met:

(i) a study of the individual was conducted either at the time of initial licensure or
when the individual became affiliated with the license holder;

(ii) the individual has been continuously affiliated with the license holder since
the last study was conducted; and

(iii) the last study of the individual was conducted on or after October 1, 1995.

(d) From July 1, 2007, to June 30, 2009, the commissioner of human services shall
conduct a study of an individual required to be studied under section 245C.03, at the
time of reapplication for a child foster care license. The county or private agency shall
collect and forward to the commissioner the information required under section 245C.05,
subdivisions 1, paragraphs (a) and (b), and 5, paragraphs (a) and (b). The background
study conducted by the commissioner of human services under this paragraph must
include a review of the information required under section 245C.08, subdivisions 1,
paragraph (a), clauses (1) to (5), 3, and 4.

(e) The commissioner of human services shall conduct a background study of an
individual specified under section 245C.03, subdivision 1, paragraph (a), clauses (2)
to (6), who is newly affiliated with a child foster care license holder. The county or
private agency shall collect and forward to the commissioner the information required
under section 245C.05, subdivisions 1 and 5. The background study conducted by the
commissioner of human services under this paragraph must include a review of the
information required under section 245C.08, subdivisions 1, 3, and 4.

(f) From January 1, 2010, to December 31, 2012, unless otherwise specified in
paragraph (c), the commissioner shall conduct a study of an individual required to
be studied under section 245C.03 at the time of reapplication for an adult foster care
or family adult day services license: (1) the county shall collect and forward to the
commissioner the information required under section 245C.05, subdivision 1, paragraphs
(a) and (b), and subdivision 5, paragraphs (a) and (b), for background studies conducted
by the commissioner for all family adult day services and for adult foster care when
the adult foster care license holder resides in the adult foster care or family adult day
services residence; (2) the license holder shall collect and forward to the commissioner
the information required under section 245C.05, subdivisions 1, paragraphs (a) and (b);
and 5, paragraphs (a) and (b), for background studies conducted by the commissioner for
adult foster care when the license holder does not reside in the adult foster care residence;
and (3) the background study conducted by the commissioner under this paragraph must
include a review of the information required under section 245C.08, subdivision 1,
paragraph (a), clauses (1) to (5), and subdivisions 3 and 4.

(g) The commissioner shall conduct a background study of an individual specified
under section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6), who is newly
affiliated with an adult foster care or family adult day services license holder: (1) the
county shall collect and forward to the commissioner the information required under
section 245C.05, subdivision 1, paragraphs (a) and (b), and subdivision 5, paragraphs (a)
and (b), for background studies conducted by the commissioner for all family adult day
services and for adult foster care when the adult foster care license holder resides in
the adult foster care residence; (2) the license holder shall collect and forward to the
commissioner the information required under section 245C.05, subdivisions 1, paragraphs
(a) and (b); and 5, paragraphs (a) and (b), for background studies conducted by the
commissioner for adult foster care when the license holder does not reside in the adult
foster care residence; and (3) the background study conducted by the commissioner under
this paragraph must include a review of the information required under section 245C.08,
subdivision 1, paragraph (a), and subdivisions 3 and 4.

(h) Applicants for licensure, license holders, and other entities as provided in this
chapter must submit completed background study forms to the commissioner before
individuals specified in section 245C.03, subdivision 1, begin positions allowing direct
contact in any licensed program.

(i) A license holder must deleted text begin provide the commissioner notice deleted text end new text begin initiate a new background
study new text end through the commissioner's online background study system deleted text begin or through a letter
mailed to the commissioner deleted text end when:

(1) an individual returns to a position requiring a background study following an
absence of deleted text begin 45 deleted text end new text begin 90 new text end or more consecutive days; or

(2) a program that discontinued providing licensed direct contact services for deleted text begin 45 deleted text end new text begin 90 new text end
or more consecutive days begins to provide direct contact licensed services again.

The license holder shall maintain a copy of the notification provided to
the commissioner under this paragraph in the program's files. new text begin If the individual's
disqualification was previously set aside for the license holder's program and the new
background study results in no new information that indicates the individual may pose a
risk of harm to persons receiving services from the license holder, the previous set-aside
shall remain in effect.
new text end

(j) For purposes of this section, a physician licensed under chapter 147 is considered
to be continuously affiliated upon the license holder's receipt from the commissioner of
health or human services of the physician's background study results.

new text begin (k) For purposes of family child care, substitute caregivers must receive repeat
background studies at the time of each license renewal.
new text end

Sec. 14.

Minnesota Statutes 2010, section 245C.05, is amended by adding a
subdivision to read:

new text begin Subd. 2c. new text end

new text begin Privacy notice to background study subject. new text end

new text begin (a) For every background
study, the commissioner's notice to the background study subject required under
section 13.04, subdivision 2, that is provided through the commissioner's electronic
NETStudy system or through the commissioner's background study forms shall include
the information in paragraph (b).
new text end

new text begin (b) The background study subject shall be informed that any previous background
studies that received a set-aside will be reviewed, and without further contact with the
background study subject, the commissioner may notify the agency that initiated the
subsequent background study:
new text end

new text begin (1) that the individual has a disqualification that has been set aside for the program
or agency that initiated the study;
new text end

new text begin (2) the reason for the disqualification; and
new text end

new text begin (3) information about the decision to set aside the disqualification will be available
to the license holder upon request without the consent of the background study subject.
new text end

Sec. 15.

Minnesota Statutes 2010, section 245C.05, subdivision 4, is amended to read:

Subd. 4.

Electronic transmission.

new text begin (a) new text end For background studies conducted by the
Department of Human Services, the commissioner shall implement a system for the
electronic transmission of:

(1) background study information to the commissioner;

(2) background study results to the license holder;

(3) background study results to county and private agencies for background studies
conducted by the commissioner for child foster care; and

(4) background study results to county agencies for background studies conducted
by the commissioner for adult foster care and family adult day services.

new text begin (b) Unless the commissioner has granted a hardship variance under paragraph (c),
license holders and applicants must use the electronic transmission system known as
NETStudy to submit all requests for background studies to the commissioner as required
by this chapter.
new text end

new text begin (c) A license holder or applicant whose program is located in an area in which
high-speed Internet is inaccessible may request the commissioner to grant a variance to
the electronic transmission requirement.
new text end

Sec. 16.

Minnesota Statutes 2010, section 245C.05, subdivision 6, is amended to read:

Subd. 6.

Applicant, license holder, other entities, and agencies.

(a) The applicant,
license holder, other entities as provided in this chapter, Bureau of Criminal Apprehension,
new text begin law enforcement agencies, new text end commissioner of health, and county agencies shall help with
the study by giving the commissioner criminal conviction data and reports about the
maltreatment of adults substantiated under section 626.557 and the maltreatment of
minors substantiated under section 626.556.

(b) If a background study is initiated by an applicant, license holder, or other entities
as provided in this chapter, and the applicant, license holder, or other entity receives
information about the possible criminal or maltreatment history of an individual who is
the subject of the background study, the applicant, license holder, or other entity must
immediately provide the information to the commissioner.

(c) The program or county or other agency must provide written notice to the
individual who is the subject of the background study of the requirements under this
subdivision.

Sec. 17.

Minnesota Statutes 2010, section 245C.05, subdivision 7, is amended to read:

Subd. 7.

Probation officer and corrections agent.

(a) A probation officer or
corrections agent shall notify the commissioner of an individual's conviction if the
individual deleted text begin is deleted text end :

(1) new text begin has been new text end affiliated with a program or facility regulated by the Department of
Human Services or Department of Health, a facility serving children or youth licensed by
the Department of Corrections, or any type of home care agency or provider of personal
care assistance services new text begin within the preceding year new text end ; and

(2) new text begin has been new text end convicted of a crime constituting a disqualification under section
245C.14.

(b) For the purpose of this subdivision, "conviction" has the meaning given it
in section 609.02, subdivision 5.

(c) The commissioner, in consultation with the commissioner of corrections, shall
develop forms and information necessary to implement this subdivision and shall provide
the forms and information to the commissioner of corrections for distribution to local
probation officers and corrections agents.

(d) The commissioner shall inform individuals subject to a background study that
criminal convictions for disqualifying crimes will be reported to the commissioner by the
corrections system.

(e) A probation officer, corrections agent, or corrections agency is not civilly or
criminally liable for disclosing or failing to disclose the information required by this
subdivision.

(f) Upon receipt of disqualifying information, the commissioner shall provide the
notice required under section 245C.17, as appropriate, to agencies on record as having
initiated a background study or making a request for documentation of the background
study status of the individual.

(g) This subdivision does not apply to family child care programs.

Sec. 18.

Minnesota Statutes 2010, section 245C.07, is amended to read:

245C.07 STUDY SUBJECT AFFILIATED WITH MULTIPLE FACILITIES.

(a) deleted text begin Except for child foster care and adoption agencies, deleted text end new text begin Subject to the conditions in
paragraph (d), new text end when a license holder, applicant, or other entity owns multiple programs or
services that are licensed by the Department of Human Services, Department of Health, or
Department of Corrections, only one background study is required for an individual who
provides direct contact services in one or more of the licensed programs or services if:

(1) the license holder designates one individual with one address and telephone
number as the person to receive sensitive background study information for the multiple
licensed programs or services that depend on the same background study; and

(2) the individual designated to receive the sensitive background study information
is capable of determining, upon request of the department, whether a background study
subject is providing direct contact services in one or more of the license holder's programs
or services and, if so, at which location or locations.

(b) When a license holder maintains background study compliance for multiple
licensed programs according to paragraph (a), and one or more of the licensed programs
closes, the license holder shall immediately notify the commissioner which staff must be
transferred to an active license so that the background studies can be electronically paired
with the license holder's active program.

(c) When a background study is being initiated by a licensed program or service or a
foster care provider that is also registered under chapter 144D, a study subject affiliated
with multiple licensed programs or services may attach to the background study form a
cover letter indicating the additional names of the programs or services, addresses, and
background study identification numbers.

When the commissioner receives a notice, the commissioner shall notify each
program or service identified by the background study subject of the study results.

The background study notice the commissioner sends to the subsequent agencies
shall satisfy those programs' or services' responsibilities for initiating a background study
on that individual.

new text begin (d) If a background study was conducted on an individual related to child foster care
and the requirements under paragraph (a) are met, the background study is transferable
across all licensed programs. If a background study was conducted on an individual under
a license other than child foster care and the requirements under paragraph (a) are met, the
background study is transferable to all licensed programs except child foster care.
new text end

new text begin (e) The provisions of this section that allow a single background study in one
or more licensed programs or services do not apply to background studies submitted
by adoption agencies, supplemental nursing services agencies, personnel agencies,
educational programs, professional services agencies, and unlicensed personal care
provider organizations.
new text end

Sec. 19.

Minnesota Statutes 2010, section 245C.08, subdivision 1, is amended to read:

Subdivision 1.

Background studies conducted by Department of Human
Services.

(a) For a background study conducted by the Department of Human Services,
the commissioner shall review:

(1) information related to names of substantiated perpetrators of maltreatment of
vulnerable adults that has been received by the commissioner as required under section
626.557, subdivision 9c, paragraph (j);

(2) the commissioner's records relating to the maltreatment of minors in licensed
programs, and from findings of maltreatment of minors as indicated through the social
service information system;

(3) information from juvenile courts as required in subdivision 4 for individuals
listed in section 245C.03, subdivision 1, paragraph (a), when there is reasonable cause;

(4) information from the Bureau of Criminal Apprehension;

(5) except as provided in clause (6), information from the national crime information
system when the commissioner has reasonable cause as defined under section 245C.05,
subdivision 5; and

(6) for a background study related to a child foster care application for licensure or
adoptions, the commissioner shall also review:

(i) information from the child abuse and neglect registry for any state in which the
background study subject has resided for the past five years; and

(ii) information from national crime information databases, when the background
study subject is 18 years of age or older.

(b) Notwithstanding expungement by a court, the commissioner may consider
information obtained under paragraph (a), clauses (3) and (4), unless the commissioner
received notice of the petition for expungement and the court order for expungement deleted text begin is
directed deleted text end specifically deleted text begin to deleted text end new text begin orders new text end the commissioner new text begin to seal the commissioner's records new text end .

new text begin (c) When the commissioner has reasonable cause to believe that the identity of
a background study subject is uncertain, the commissioner may require the subject to
provide a set of classifiable fingerprints and complete a record check with the national
crime information databases.
new text end

Sec. 20.

Minnesota Statutes 2010, section 245C.08, subdivision 2, is amended to read:

Subd. 2.

Background studies conducted by a county agency.

(a) For a
background study conducted by a county agency for family child care services, the
commissioner shall review:

(1) information from the county agency's record of substantiated maltreatment
of adults and the maltreatment of minors;

(2) information from juvenile courts as required in subdivision 4 for:

(i) individuals listed in section 245C.03, subdivision 1, paragraph (a), who are ages
13 through 23 living in the household where the licensed services will be provided; and

(ii) any other individual listed under section 245C.03, subdivision 1, when there
is reasonable cause; and

(3) information from the Bureau of Criminal Apprehension.

(b) If the individual has resided in the county for less than five years, the study shall
include the records specified under paragraph (a) for the previous county or counties of
residence for the past five years.

(c) Notwithstanding expungement by a court, the county agency may consider
information obtained under paragraph (a), clause (3), unless the commissioner received
notice of the petition for expungement and the court order for expungement deleted text begin is directed deleted text end
specifically deleted text begin to deleted text end new text begin orders new text end the commissioner new text begin to seal the commissioner's records new text end .

Sec. 21.

Minnesota Statutes 2010, section 245C.08, subdivision 3, is amended to read:

Subd. 3.

Arrest and investigative information.

(a) For any background study
completed under this section, if the commissioner has reasonable cause to believe the
information is pertinent to the disqualification of an individual, the commissioner new text begin shall
new text end also deleted text begin may deleted text end review arrest and investigative information from new text begin any of the following pertinent
sources new text end :

(1) the Bureau of Criminal Apprehension;

(2) the commissioner of health;

(3) a county attorney;

(4) a county sheriff;

(5) a county agency;

(6) a local chief of police;

(7) other states;

(8) the courts;

(9) the Federal Bureau of Investigation;

(10) the National Criminal Records Repository; deleted text begin and deleted text end new text begin or
new text end

(11) criminal records from other states.

(b) The commissioner is not required to conduct more than one review of a subject's
records from the Federal Bureau of Investigation if a review of the subject's criminal
history with the Federal Bureau of Investigation has already been completed by the
commissioner and there has been no break in the subject's affiliation with the license
holder who initiated the background study.

Sec. 22.

Minnesota Statutes 2010, section 245C.14, subdivision 2, is amended to read:

Subd. 2.

Disqualification from access.

(a) If an individual who is studied under
section 245C.03, subdivision 1, paragraph (a), deleted text begin clauses (2), (5), and (6), deleted text end is disqualified from
direct contact under subdivision 1, the commissioner shall also disqualify the individual
from access to a person receiving services from the license holder.

(b) No individual who is disqualified following a background study under section
245C.03, subdivision 1, paragraph (a), deleted text begin clauses (2), (5), and (6), deleted text end or as provided elsewhere
in statute who is disqualified as a result of this section, may be allowed access to persons
served by the program unless the commissioner has provided written notice under section
245C.17 stating that:

(1) the individual may remain in direct contact during the period in which the
individual may request reconsideration as provided in section 245C.21, subdivision 2;

(2) the commissioner has set aside the individual's disqualification for that
licensed program or entity identified in section 245C.03 as provided in section 245C.22,
subdivision 4; or

(3) the license holder has been granted a variance for the disqualified individual
under section 245C.30.

Sec. 23.

Minnesota Statutes 2010, section 245C.15, is amended to read:

245C.15 DISQUALIFYING CRIMES OR CONDUCT.

Subdivision 1.

Permanent disqualification.

(a) An individual is disqualified under
section 245C.14 if: (1) regardless of how much time has passed since the discharge of the
sentence imposed, if any, for the offense; and (2) unless otherwise specified, regardless
of the level of the offense, the individual has committed any of the following offenses:
sections 243.166 (violation of predatory offender registration law); 609.185 (murder in
the first degree); 609.19 (murder in the second degree); 609.195 (murder in the third
degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in the second
degree); a felony offense under 609.221 or 609.222 (assault in the first or second degree);
a felony offense under sections 609.2242 and 609.2243 (domestic assault), spousal
abuse, child abuse or neglect, or a crime against children; 609.2247 (domestic assault by
strangulation); 609.228 (great bodily harm caused by distribution of drugs); 609.245
(aggravated robbery); 609.25 (kidnapping); 609.2661 (murder of an unborn child in the
first degree); 609.2662 (murder of an unborn child in the second degree); 609.2663
(murder of an unborn child in the third degree); 609.322 (solicitation, inducement, and
promotion of prostitution); 609.324, subdivision 1 (other prohibited acts); 609.342
(criminal sexual conduct in the first degree); 609.343 (criminal sexual conduct in the
second degree); 609.344 (criminal sexual conduct in the third degree); 609.345 (criminal
sexual conduct in the fourth degree); 609.3451 (criminal sexual conduct in the fifth
degree); 609.3453 (criminal sexual predatory conduct); 609.352 (solicitation of children
to engage in sexual conduct); 609.365 (incest); a felony offense under 609.377 (malicious
punishment of a child); a felony offense under 609.378 (neglect or endangerment of
a child); 609.561 (arson in the first degree); 609.66, subdivision 1e (drive-by shooting);
new text begin 609.746 (interference with privacy against a minor); new text end 609.749, subdivision 3, 4, or 5
(felony-level stalking); 609.855, subdivision 5 (shooting at or in a public transit vehicle or
facility); 617.23, subdivision 2, clause (1), or subdivision 3, clause (1) (indecent exposure
involving a minor); 617.246 (use of minors in sexual performance prohibited); or 617.247
(possession of pictorial representations of minors).

(b) An individual's aiding and abetting, attempt, or conspiracy to commit any of the
offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes,
permanently disqualifies the individual under section 245C.14.

(c) An individual's offense in any other state or country, where the elements of the
offense are substantially similar to any of the offenses listed in paragraph (a), permanently
disqualifies the individual under section 245C.14.

(d) When a disqualification is based on a judicial determination other than a
conviction, the disqualification period begins from the date of the court order. When a
disqualification is based on an admission, the disqualification period begins from the
date of an admission in court. When a disqualification is based on an Alford Plea, the
disqualification period begins from the date the Alford Plea is entered in court. When
a disqualification is based on a preponderance of evidence of a disqualifying act, the
disqualification date begins from the date of the dismissal, deleted text begin the date of discharge of the
sentence imposed for a conviction for a disqualifying crime of similar elements, deleted text end or the
date of the incident, whichever occurs last.

(e) If the individual studied commits one of the offenses listed in paragraph (a) that
is specified as a felony-level only offense, but the sentence or level of offense is a gross
misdemeanor or misdemeanor, the individual is disqualified, but the disqualification
look-back period for the offense is the period applicable to gross misdemeanor or
misdemeanor offenses.

Subd. 2.

15-year disqualification.

(a) An individual is disqualified under section
245C.14 if: (1) less than 15 years have passed since the discharge of the sentence imposed,
if any, for the offense; and (2) the individual has committed a felony-level violation
of any of the following offenses: sections 256.98 (wrongfully obtaining assistance);
268.182 (false representation; concealment of facts); 393.07, subdivision 10, paragraph
(c) (federal Food Stamp Program fraud); 609.165 (felon ineligible to possess firearm);
609.21 (criminal vehicular homicide and injury); 609.215 (suicide); 609.223 or 609.2231
(assault in the third or fourth degree); repeat offenses under 609.224 (assault in the fifth
degree); 609.229 (crimes committed for benefit of a gang); 609.2325 (criminal abuse of a
vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult); 609.235 (use of
drugs to injure or facilitate crime); 609.24 (simple robbery); 609.255 (false imprisonment);
609.2664 (manslaughter of an unborn child in the first degree); 609.2665 (manslaughter
of an unborn child in the second degree); 609.267 (assault of an unborn child in the first
degree); 609.2671 (assault of an unborn child in the second degree); 609.268 (injury
or death of an unborn child in the commission of a crime); 609.27 (coercion); 609.275
(attempt to coerce); 609.466 (medical assistance fraud); 609.495 (aiding an offender);
609.498, subdivision 1 or 1b (aggravated first-degree or first-degree tampering with a
witness); 609.52 (theft); 609.521 (possession of shoplifting gear); 609.525 (bringing
stolen goods into Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property);
609.535 (issuance of dishonored checks); 609.562 (arson in the second degree); 609.563
(arson in the third degree); 609.582 (burglary); 609.59 (possession of burglary tools);
609.611 (insurance fraud); 609.625 (aggravated forgery); 609.63 (forgery); 609.631
(check forgery; offering a forged check); 609.635 (obtaining signature by false pretense);
609.66 (dangerous weapons); 609.67 (machine guns and short-barreled shotguns);
609.687 (adulteration); 609.71 (riot); 609.713 (terroristic threats); new text begin 609.746 (interference
with privacy); new text end 609.82 (fraud in obtaining credit); 609.821 (financial transaction card
fraud); 617.23 (indecent exposure), not involving a minor; repeat offenses under 617.241
(obscene materials and performances; distribution and exhibition prohibited; penalty);
624.713 (certain persons not to possess firearms); chapter 152 (drugs; controlled
substance); or a felony-level conviction involving alcohol or drug use.

(b) An individual is disqualified under section 245C.14 if less than 15 years has
passed since the individual's aiding and abetting, attempt, or conspiracy to commit any
of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota
Statutes.

(c) An individual is disqualified under section 245C.14 if less than 15 years has
passed since the termination of the individual's parental rights under section 260C.301,
subdivision 1, paragraph (b), or subdivision 3.

(d) An individual is disqualified under section 245C.14 if less than 15 years has
passed since the discharge of the sentence imposed for an offense in any other state or
country, the elements of which are substantially similar to the elements of the offenses
listed in paragraph (a).

(e) If the individual studied commits one of the offenses listed in paragraph (a), but
the sentence or level of offense is a gross misdemeanor or misdemeanor, the individual
is disqualified but the disqualification look-back period for the offense is the period
applicable to the gross misdemeanor or misdemeanor disposition.

(f) When a disqualification is based on a judicial determination other than a
conviction, the disqualification period begins from the date of the court order. When a
disqualification is based on an admission, the disqualification period begins from the
date of an admission in court. When a disqualification is based on an Alford Plea, the
disqualification period begins from the date the Alford Plea is entered in court. When
a disqualification is based on a preponderance of evidence of a disqualifying act, the
disqualification date begins from the date of the dismissal, deleted text begin the date of discharge of the
sentence imposed for a conviction for a disqualifying crime of similar elements, deleted text end or the
date of the incident, whichever occurs last.

Subd. 3.

Ten-year disqualification.

(a) An individual is disqualified under section
245C.14 if: (1) less than ten years have passed since the discharge of the sentence imposed,
if any, for the offense; and (2) the individual has committed a gross misdemeanor-level
violation of any of the following offenses: sections 256.98 (wrongfully obtaining
assistance); 268.182 (false representation; concealment of facts); 393.07, subdivision 10,
paragraph (c) (federal Food Stamp Program fraud); 609.21 (criminal vehicular homicide
and injury); 609.221 or 609.222 (assault in the first or second degree); 609.223 or
609.2231 (assault in the third or fourth degree); 609.224 (assault in the fifth degree);
609.224, subdivision 2, paragraph (c) (assault in the fifth degree by a caregiver against a
vulnerable adult); 609.2242 and 609.2243 (domestic assault); 609.23 (mistreatment of
persons confined); 609.231 (mistreatment of residents or patients); 609.2325 (criminal
abuse of a vulnerable adult); 609.233 (criminal neglect of a vulnerable adult); 609.2335
(financial exploitation of a vulnerable adult); 609.234 (failure to report maltreatment of a
vulnerable adult); 609.265 (abduction); 609.275 (attempt to coerce); 609.324, subdivision
1a (other prohibited acts; minor engaged in prostitution); 609.33 (disorderly house);
609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child);
609.466 (medical assistance fraud); 609.52 (theft); 609.525 (bringing stolen goods into
Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property); 609.535 (issuance
of dishonored checks); 609.582 (burglary); 609.59 (possession of burglary tools); 609.611
(insurance fraud); 609.631 (check forgery; offering a forged check); 609.66 (dangerous
weapons); 609.71 (riot); 609.72, subdivision 3 (disorderly conduct against a vulnerable
adult); repeat offenses under 609.746 (interference with privacy); 609.749, subdivision 2
(stalking); 609.82 (fraud in obtaining credit); 609.821 (financial transaction card fraud);
617.23 (indecent exposure), not involving a minor; 617.241 (obscene materials and
performances); 617.243 (indecent literature, distribution); 617.293 (harmful materials;
dissemination and display to minors prohibited); or violation of an order for protection
under section 518B.01, subdivision 14.

(b) An individual is disqualified under section 245C.14 if less than ten years has
passed since the individual's aiding and abetting, attempt, or conspiracy to commit any
of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota
Statutes.

(c) An individual is disqualified under section 245C.14 if less than ten years has
passed since the discharge of the sentence imposed for an offense in any other state or
country, the elements of which are substantially similar to the elements of any of the
offenses listed in paragraph (a).

(d) If the individual studied commits one of the offenses listed in paragraph
(a), but the sentence or level of offense is a misdemeanor disposition, the individual
is disqualified but the disqualification lookback period for the offense is the period
applicable to misdemeanors. new text begin If the individual studied commits one of the offenses listed in
paragraph (a), but the sentence or level of offense is a felony disposition, the individual
is disqualified, but the disqualification look-back period for the offense is the period
applicable to that felony offense under this section.
new text end

(e) When a disqualification is based on a judicial determination other than a
conviction, the disqualification period begins from the date of the court order. When a
disqualification is based on an admission, the disqualification period begins from the
date of an admission in court. When a disqualification is based on an Alford Plea, the
disqualification period begins from the date the Alford Plea is entered in court. When
a disqualification is based on a preponderance of evidence of a disqualifying act, the
disqualification date begins from the date of the dismissal, deleted text begin the date of discharge of the
sentence imposed for a conviction for a disqualifying crime of similar elements, deleted text end or the
date of the incident, whichever occurs last.

Subd. 4.

Seven-year disqualification.

(a) An individual is disqualified under
section 245C.14 if: (1) less than seven years has passed since the discharge of the sentence
imposed, if any, for the offense; and (2) the individual has committed a misdemeanor-level
violation of any of the following offenses: sections 256.98 (wrongfully obtaining
assistance); 268.182 (false representation; concealment of facts); 393.07, subdivision 10,
paragraph (c) (federal Food Stamp Program fraud); 609.21 (criminal vehicular homicide
and injury); 609.221 (assault in the first degree); 609.222 (assault in the second degree);
609.223 (assault in the third degree); 609.2231 (assault in the fourth degree); 609.224
(assault in the fifth degree); 609.2242 (domestic assault); 609.2335 (financial exploitation
of a vulnerable adult); 609.234 (failure to report maltreatment of a vulnerable adult);
609.2672 (assault of an unborn child in the third degree); 609.27 (coercion); violation
of an order for protection under 609.3232 (protective order authorized; procedures;
penalties); 609.466 (medical assistance fraud); 609.52 (theft); 609.525 (bringing stolen
goods into Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property);
609.535 (issuance of dishonored checks); 609.611 (insurance fraud); 609.66 (dangerous
weapons); 609.665 (spring guns); 609.746 (interference with privacy); 609.79 (obscene or
harassing telephone calls); 609.795 (letter, telegram, or package; opening; harassment);
609.82 (fraud in obtaining credit); 609.821 (financial transaction card fraud); 617.23
(indecent exposure), not involving a minor; 617.293 (harmful materials; dissemination
and display to minors prohibited); or violation of an order for protection under section
518B.01 (Domestic Abuse Act).

(b) An individual is disqualified under section 245C.14 if less than seven years has
passed since a determination or disposition of the individual's:

(1) failure to make required reports under section 626.556, subdivision 3, or
626.557, subdivision 3, for incidents in which: (i) the final disposition under section
626.556 or 626.557 was substantiated maltreatment, and (ii) the maltreatment was
recurring or serious; or

(2) substantiated serious or recurring maltreatment of a minor under section 626.556,
a vulnerable adult under section 626.557, or serious or recurring maltreatment in any other
state, the elements of which are substantially similar to the elements of maltreatment under
section 626.556 or 626.557 for which: (i) there is a preponderance of evidence that the
maltreatment occurred, and (ii) the subject was responsible for the maltreatment.

(c) An individual is disqualified under section 245C.14 if less than seven years has
passed since the individual's aiding and abetting, attempt, or conspiracy to commit any
of the offenses listed in paragraphs (a) and (b), as each of these offenses is defined in
Minnesota Statutes.

(d) An individual is disqualified under section 245C.14 if less than seven years has
passed since the discharge of the sentence imposed for an offense in any other state or
country, the elements of which are substantially similar to the elements of any of the
offenses listed in paragraphs (a) and (b).

(e) When a disqualification is based on a judicial determination other than a
conviction, the disqualification period begins from the date of the court order. When a
disqualification is based on an admission, the disqualification period begins from the
date of an admission in court. When a disqualification is based on an Alford Plea, the
disqualification period begins from the date the Alford Plea is entered in court. When
a disqualification is based on a preponderance of evidence of a disqualifying act, the
disqualification date begins from the date of the dismissal, deleted text begin the date of discharge of the
sentence imposed for a conviction for a disqualifying crime of similar elements, deleted text end or the
date of the incident, whichever occurs last.

(f) An individual is disqualified under section 245C.14 if less than seven years has
passed since the individual was disqualified under section 256.98, subdivision 8.

new text begin (g) If the individual studied commits one of the offenses listed in paragraph (a),
but the sentence or level of offense is a gross misdemeanor or felony disposition, the
individual is disqualified, but the disqualification look-back period for the offense is the
period applicable to that gross misdemeanor or felony offense under this section.
new text end

Subd. 5.

Mental illness.

The commissioner may not disqualify an individual subject
to a background study under this chapter because that individual has, or has had, a mental
illness as defined in section 245.462, subdivision 20.

Sec. 24.

Minnesota Statutes 2010, section 245C.16, subdivision 1, is amended to read:

Subdivision 1.

Determining immediate risk of harm.

(a) If the commissioner
determines that the individual studied has a disqualifying characteristic, the commissioner
shall review the information immediately available and make a determination as to the
subject's immediate risk of harm to persons served by the program where the individual
studied will have direct contact with, or access to, people receiving services.

(b) The commissioner shall consider all relevant information available, including the
following factors in determining the immediate risk of harm:

(1) the recency of the disqualifying characteristic;

(2) the recency of discharge from probation for the crimes;

(3) the number of disqualifying characteristics;

(4) the intrusiveness or violence of the disqualifying characteristic;

(5) the vulnerability of the victim involved in the disqualifying characteristic;

(6) the similarity of the victim to the persons served by the program where the
individual studied will have direct contact;

(7) whether the individual has a disqualification from a previous background study
that has not been set aside; and

(8) if the individual has a disqualification which may not be set aside because it is
a permanent bar under section 245C.24, subdivision 1, the commissioner may order the
immediate removal of the individual from any position allowing direct contact with, or
access to, persons receiving services from the program.

(c) This section does not apply when the subject of a background study is regulated
by a health-related licensing board as defined in chapter 214, and the subject is determined
to be responsible for substantiated maltreatment under section 626.556 or 626.557.

(d) This section does not apply to a background study related to an initial application
for a child foster care license.

new text begin (e) This section does not apply to background studies that are also subject to the
requirements under section 256B.0659, subdivisions 11 and 13, for personal care assistants
and qualified professionals as defined in section 256B.0659, subdivision 1.
new text end

deleted text begin (e) deleted text end new text begin (f) new text end If the commissioner has reason to believe, based on arrest information or an
active maltreatment investigation, that an individual poses an imminent risk of harm to
persons receiving services, the commissioner may order that the person be continuously
supervised or immediately removed pending the conclusion of the maltreatment
investigation or criminal proceedings.

Sec. 25.

Minnesota Statutes 2010, section 245C.17, subdivision 2, is amended to read:

Subd. 2.

Disqualification notice sent to subject.

(a) If the information in the study
indicates the individual is disqualified from direct contact with, or from access to, persons
served by the program, the commissioner shall disclose to the individual studied:

(1) the information causing disqualification;

(2) instructions on how to request a reconsideration of the disqualification;

(3) an explanation of any restrictions on the commissioner's discretion to set aside
the disqualification under section 245C.24, when applicable to the individual;

new text begin (4) a statement that, if the individual's disqualification is set-aside under section
245C.22, the applicant, license holder, or other entity that initiated the background study
will be provided with the reason for the individual's disqualification and an explanation
that the factors under section 245C.22, subdivision 4, which were the basis of the decision
to set aside the disqualification shall be made available to the license holder upon request
without the consent of the subject of the background study;
new text end

deleted text begin (4) deleted text end new text begin (5) new text end a statement indicating that if the individual's disqualification is set aside or
the facility is granted a variance under section 245C.30, the individual's identity and the
reason for the individual's disqualification will become public data under section 245C.22,
subdivision 7, when applicable to the individual; deleted text begin and
deleted text end

new text begin (6) a statement that when a subsequent background study is initiated on the
individual following a set aside of the individual's disqualification, and the commissioner
makes a determination under section 245C.22, subdivision 5, paragraph (b), that the
previous set-aside applies to the subsequent background study, the applicant, license
holder, or other entity that initiated the background study will be informed in the notice
under section 245C.22, subdivision 5, paragraph (c):
new text end

new text begin (i) of the reason for the individual's disqualification;
new text end

new text begin (ii) that the individual's disqualification is set aside for that program or agency; and
new text end

new text begin (iii) that information about the factors under section 245C.22, subdivision 4, that
were the basis of the decision to set aside the disqualification are available to the license
holder upon request without the consent of the background study subject; and
new text end

deleted text begin (5) deleted text end new text begin (7) new text end the commissioner's determination of the individual's immediate risk of harm
under section 245C.16.

(b) If the commissioner determines under section 245C.16 that an individual poses
an imminent risk of harm to persons served by the program where the individual will have
direct contact with, or access to, people receiving services, the commissioner's notice must
include an explanation of the basis of this determination.

(c) If the commissioner determines under section 245C.16 that an individual studied
does not pose a risk of harm that requires immediate removal, the individual shall be
informed of the conditions under which the agency that initiated the background study
may allow the individual to have direct contact with, or access to, people receiving
services, as provided under subdivision 3.

Sec. 26.

Minnesota Statutes 2010, section 245C.22, subdivision 5, is amended to read:

Subd. 5.

Scope of set-aside.

new text begin (a) new text end If the commissioner sets aside a disqualification
under this section, the disqualified individual remains disqualified, but may hold a license
and have direct contact with or access to persons receiving services. new text begin Except as provided
in paragraph (b), new text end the commissioner's set-aside of a disqualification is limited solely
to the licensed program, applicant, or agency specified in the set aside notice under
section 245C.23 deleted text begin , unless otherwise specified in the notice deleted text end . For personal care provider
organizations, the commissioner's set-aside may further be limited to a specific individual
who is receiving services. new text begin For new background studies required under section 245C.04,
subdivision 1, paragraph (i), if an individual's disqualification was previously set aside for
the license holder's program and the new background study results in no new information
that indicates the individual may pose a risk of harm to persons receiving services from
the license holder, the previous set-aside shall remain in effect.
new text end

new text begin (b) If the commissioner has previously set aside an individual's disqualification
for one or more programs or agencies, and the individual is the subject of a subsequent
background study for a different program or agency, the commissioner shall determine
whether the disqualification is set aside for the program or agency that initiated the
subsequent background study. A notice of a set-aside under paragraph (c) shall be issued
within 15 working days if all of the following criteria are met:
new text end

new text begin (1) the subsequent background study was initiated in connection with a program
licensed or regulated under the same provisions of law and rule for at least one program
for which the individual's disqualification was previously set aside by the commissioner;
new text end

new text begin (2) the individual is not disqualified for an offense specified in section 245C.15,
subdivision 1 or 2;
new text end

new text begin (3) the commissioner has received no new information to indicate that the individual
may pose a risk of harm to any person served by the program; and
new text end

new text begin (4) the previous set aside was not limited to a specific person receiving services.
new text end

new text begin (c) When a disqualification is set aside under paragraph (b), the notice of background
study results issued under section 245C.17, in addition to the requirements under section
245C.17, shall state that the disqualification is set aside for the program or agency that
initiated the subsequent background study. The notice must inform the individual that the
individual may request reconsideration of the disqualification under section 245C.21 on
the basis that the information used to disqualify the individual is incorrect.
new text end

Sec. 27.

Minnesota Statutes 2010, section 245C.24, subdivision 2, is amended to read:

Subd. 2.

Permanent bar to set aside a disqualification.

(a) Except as new text begin otherwise
new text end provided in deleted text begin paragraph (b) deleted text end new text begin this section new text end , the commissioner may not set aside the
disqualification of any individual disqualified pursuant to this chapter, regardless of how
much time has passed, if the individual was disqualified for a crime or conduct listed in
section 245C.15, subdivision 1.

(b) For an individual in the chemical dependency or corrections field who was
disqualified for a crime or conduct listed under section 245C.15, subdivision 1, and whose
disqualification was set aside prior to July 1, 2005, the commissioner must consider
granting a variance pursuant to section 245C.30 for the license holder for a program
dealing primarily with adults. A request for reconsideration evaluated under this paragraph
must include a letter of recommendation from the license holder that was subject to the
prior set-aside decision addressing the individual's quality of care to children or vulnerable
adults and the circumstances of the individual's departure from that service.

(c) When a licensed foster care provider adopts an individual who had received
foster care services from the provider for over six months, and the adopted individual is
required to receive a background study under section 245C.03, subdivision 1, paragraph
(a), clause (2) or (6), the commissioner may grant a variance to the license holder under
section 245C.30 to permit the adopted individual with a permanent disqualification
to remain affiliated with the license holder under the conditions of the variance when
the variance is recommended by the county of responsibility for each of the remaining
individuals in placement in the home and the licensing agency for the home.

new text begin (d) For background studies related to an application or license to provide child
foster care for a specific child or children related to the applicant or license holder, the
commissioner shall consider granting a variance under section 245C.30 to an individual
with a disqualification under section 245C.15, subdivision 1. The variance shall be limited
to the specific child or children related to the applicant or license holder.
new text end

new text begin (e) When a background study is required on a child foster care provider's former
recipient of foster care services because the former recipient of foster care services
returns for occasional overnight visits or temporarily resides with the foster parents, the
commissioner shall consider granting a variance under section 245C.30 related to the
former foster care recipient with a disqualification under section 245C.15, subdivision 1.
new text end

Sec. 28.

Minnesota Statutes 2010, section 245C.28, subdivision 1, is amended to read:

Subdivision 1.

License holder.

(a) If a maltreatment determination or a
disqualification for which reconsideration was requested and which was not set aside is
the basis for a denial of a license under section 245A.05 or a licensing sanction under
section 245A.07, the license holder has the right to a contested case hearing under chapter
14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The license holder must submit
the appeal under section 245A.05 or 245A.07, subdivision 3.

(b) As provided under section 245A.08, subdivision 2a, if the denial of a license or
licensing sanction is based on a disqualification for which reconsideration was requested
and was not set aside, the scope of the consolidated contested case hearing must include:

(1) the disqualification, to the extent the license holder otherwise has a hearing right
on the disqualification under this chapter; and

(2) the licensing sanction or denial of a license.

(c) As provided for under section 245A.08, subdivision 2a, if the denial of a license
or licensing sanction is based on a determination of maltreatment under section 626.556
or 626.557, or a disqualification for serious or recurring maltreatment which was not set
aside, the scope of the contested case hearing must include:

(1) the maltreatment determination, if the maltreatment is not conclusive under
section 245C.29;

(2) the disqualification, if the disqualification is not conclusive under section
245C.29; and

(3) the licensing sanction or denial of a license. In such cases, a fair hearing must not
be conducted under section 256.045. If the disqualification was based on a determination
of substantiated serious or recurring maltreatment under section 626.556 or 626.557, the
appeal must be submitted under sections 245A.07, subdivision 3, and 626.556, subdivision
10i, or 626.557, subdivision 9d.

(d) Except for family child care and child foster care, reconsideration of a
maltreatment determination under sections 626.556, subdivision 10i, and 626.557,
subdivision 9d, and reconsideration of a disqualification under section 245C.22, must
not be conducted when:

(1) a denial of a license under section 245A.05, or a licensing sanction under section
245A.07, is based on a determination that the license holder is responsible for maltreatment
or the disqualification of a license holder based on serious or recurring maltreatment;

(2) the denial of a license or licensing sanction is issued at the same time as the
maltreatment determination or disqualification; and

(3) the license holder appeals the maltreatment determination, disqualification, and
denial of a license or licensing sanction. In such cases a fair hearing under section 256.045
must not be conducted under sections 245C.27, 626.556, subdivision 10i, and 626.557,
subdivision 9d. Under section 245A.08, subdivision 2a, the scope of the consolidated
contested case hearing must include the maltreatment determination, disqualification, and
denial of a license or licensing sanction.

Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment
determination or disqualification, but does not appeal the denial of a license or a licensing
sanction, reconsideration of the maltreatment determination shall be conducted under
sections 626.556, subdivision 10i, and 626.557, subdivision 9d, and reconsideration of the
disqualification shall be conducted under section 245C.22. In such cases, a fair hearing
shall also be conducted as provided under sections 245C.27, 626.556, subdivision 10i, and
626.557, subdivision 9d.

new text begin (e) The scope of the consolidated contested case hearing under this section relating
to a disqualification does not include the issue of whether the commissioner was required
to seal agency records pursuant to a district court order or other applicable law.
new text end

Sec. 29.

Minnesota Statutes 2010, section 245C.28, subdivision 3, is amended to read:

Subd. 3.

Employees of public employer.

(a) A disqualified individual who is an
employee of an employer, as defined in section 179A.03, subdivision 15, may request
a contested case hearing under chapter 14 following a reconsideration decision under
section 245C.23, unless the disqualification is deemed conclusive under section 245C.29.
The request for a contested case hearing must be made in writing and must be postmarked
and sent within 30 calendar days after the employee receives notice of the reconsideration
decision. If the individual was disqualified based on a conviction or admission to any
crimes listed in section 245C.15, the scope of the contested case hearing shall be limited
solely to whether the individual poses a risk of harm pursuant to section 245C.22.

(b) When an individual is disqualified based on a maltreatment determination, the
scope of the contested case hearing under paragraph (a), must include the maltreatment
determination and the disqualification. In such cases, a fair hearing must not be conducted
under section 256.045.

(c) Rules adopted under this chapter may not preclude an employee in a contested
case hearing for a disqualification from submitting evidence concerning information
gathered under this chapter.

(d) When an individual has been disqualified from multiple licensed programs, if
at least one of the disqualifications entitles the person to a contested case hearing under
this subdivision, the scope of the contested case hearing shall include all disqualifications
from licensed programs.

(e) In determining whether the disqualification should be set aside, the administrative
law judge shall consider all of the characteristics that cause the individual to be disqualified
in order to determine whether the individual poses a risk of harm. The administrative law
judge's recommendation and the commissioner's order to set aside a disqualification that is
the subject of the hearing constitutes a determination that the individual does not pose a
risk of harm and that the individual may provide direct contact services in the individual
program specified in the set aside.

new text begin (f) The scope of the consolidated contested case hearing under this section relating
to a disqualification does not include the issue of whether the commissioner was required
to seal agency records pursuant to a district court order or other applicable law.
new text end

Sec. 30.

Minnesota Statutes 2010, section 245C.29, subdivision 2, is amended to read:

Subd. 2.

Conclusive disqualification determination.

(a) Unless otherwise
specified in statute, a deleted text begin determination that: deleted text end new text begin disqualification is conclusive for current and
future background studies if the disqualification is based on
new text end

deleted text begin (1) the information the commissioner relied upon to disqualify an individual under
section 245C.14 was correct based on deleted text end serious or recurring maltreatment deleted text begin ; deleted text end new text begin as defined
in section 245C.02, new text end

deleted text begin (2) deleted text end a preponderance of the evidence deleted text begin shows deleted text end new text begin showing new text end that the individual committed an
act or acts that meet the definition of any of the crimes listed in section 245C.15 deleted text begin ; deleted text end new text begin , new text end or

deleted text begin (3) deleted text end the deleted text begin individual failed deleted text end new text begin individual's failure new text end to make required reports under section
626.556, subdivision 3, or 626.557, subdivision 3, deleted text begin is conclusive if deleted text end new text begin and new text end :

deleted text begin (i) deleted text end new text begin (1) new text end the commissioner has issued a final order in an appeal of deleted text begin that determination deleted text end new text begin
the disqualification new text end under section 245A.08, subdivision 5, or 256.045, or a court has
issued a final decision;

deleted text begin (ii) deleted text end new text begin (2) new text end the individual did not request reconsideration of the disqualification under
section 245C.21 new text begin on the basis that the information relied upon to disqualify the subject
was incorrect new text end ; or

deleted text begin (iii) deleted text end new text begin (3) new text end the individual did not new text begin timely new text end request a hearing on the disqualification under
section 256.045 or chapter 14.

(b) When a licensing action under section 245A.05, 245A.06, or 245A.07 is based
on the disqualification of an individual in connection with a license to provide family child
care, foster care for children in the provider's own home, or foster care services for adults
in the provider's own home, that disqualification shall be conclusive for purposes of the
licensing action if a request for reconsideration was not submitted within 30 calendar days
of the individual's receipt of the notice of disqualification.

(c) If a deleted text begin determination that the information relied upon to disqualify an individual
was correct and deleted text end new text begin disqualification new text end is conclusive under this section, deleted text begin and deleted text end the individual
deleted text begin is subsequently disqualified under section 245C.15, the individual deleted text end has a right to request
reconsideration deleted text begin on the risk of harm deleted text end under section 245C.21. deleted text begin Subsequent determinations
regarding the risk of harm deleted text end new text begin The commissioner's decision on reconsideration new text end shall be deleted text begin made
according to section 245C.22 and are not subject to another deleted text end new text begin the final agency decision and
not subject to a new text end hearing under section 256.045 or chapter 14.

Sec. 31.

Minnesota Statutes 2010, section 256.045, subdivision 3b, is amended to read:

Subd. 3b.

Standard of evidence for maltreatment and disqualification hearings.

(a) The state human services referee shall determine that maltreatment has occurred if a
preponderance of evidence exists to support the final disposition under sections 626.556
and 626.557. For purposes of hearings regarding disqualification, the state human services
referee shall affirm the proposed disqualification in an appeal under subdivision 3,
paragraph (a), clause (9), if a preponderance of the evidence shows the individual has:

(1) committed maltreatment under section 626.556 or 626.557, which is serious or
recurring;

(2) committed an act or acts meeting the definition of any of the crimes listed in
section 245C.15, subdivisions 1 to 4; or

(3) failed to make required reports under section 626.556 or 626.557, for incidents
in which the final disposition under section 626.556 or 626.557 was substantiated
maltreatment that was serious or recurring.

(b) If the disqualification is affirmed, the state human services referee shall
determine whether the individual poses a risk of harm in accordance with the requirements
of section 245C.22, and whether the disqualification should be set aside or not set aside.
In determining whether the disqualification should be set aside, the human services
referee shall consider all of the characteristics that cause the individual to be disqualified,
including those characteristics that were not subject to review under paragraph (a), in
order to determine whether the individual poses a risk of harm. A decision to set aside
a disqualification that is the subject of the hearing constitutes a determination that the
individual does not pose a risk of harm and that the individual may provide direct contact
services in the individual program specified in the set aside. deleted text begin If a determination that the
information relied upon to disqualify an individual was correct and is conclusive under
section 245C.29, and the individual is subsequently disqualified under section 245C.14,
the individual has a right to again request reconsideration on the risk of harm under section
245C.21. Subsequent determinations regarding risk of harm are not subject to another
hearing under this section.
deleted text end

new text begin (c) If a disqualification is based solely on a conviction or is conclusive for any
reason under section 245C.29, the disqualified individual does not have a hearing right
under this section.
new text end

new text begin (d) The scope of review for disqualification hearings under this section does
not include the issue of whether the commissioner was required to seal agency records
pursuant to a district court order or other applicable law.
new text end

deleted text begin (c) deleted text end new text begin (e) new text end The state human services referee shall recommend an order to the
commissioner of health, education, or human services, as applicable, who shall issue a
final order. The commissioner shall affirm, reverse, or modify the final disposition. Any
order of the commissioner issued in accordance with this subdivision is conclusive upon
the parties unless appeal is taken in the manner provided in subdivision 7. In any licensing
appeal under chapters 245A and 245C and sections 144.50 to 144.58 and 144A.02 to
144A.46, the commissioner's determination as to maltreatment is conclusive, as provided
under section 245C.29.

Sec. 32. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor shall renumber Minnesota Statutes, section 245B.05, subdivision 4, as
Minnesota Statutes, section 245A.04, subdivision 2a. The revisor shall make necessary
cross-reference changes to effectuate this renumbering.
new text end

ARTICLE 3

SOCIAL WORKER LICENSING

Section 1.

Minnesota Statutes 2010, section 148E.055, subdivision 1, is amended to
read:

Subdivision 1.

License required.

(a) In order to practice social work, an individual
must have a social work license under this section or section 148E.060, except when the
individual is exempt from licensure according to section 148E.065.

(b) Individuals who teach professional social work knowledge, skills, and values to
students and who have a social work degree from a program accredited by the Council
on Social Work Education, the Canadian Association of Schools of Social Work, or a
similar deleted text begin accreditation deleted text end new text begin accrediting new text end body designated by the board must have a social work
license under this section or section 148E.060, except when the individual is exempt from
licensure according to section 148E.065.

new text begin (c) An individual who is newly employed on or after July 1, 2015, by a city or state
agency must be licensed if the individual who provides social work services as those
services are defined in section 148E.010, subdivision 11, paragraph (b), is presented to the
public by any title incorporating the words "social work" or "social worker."
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011.
new text end

Sec. 2.

new text begin [148E.0555] LICENSE REQUIREMENTS; GRANDFATHERING.
new text end

new text begin Subdivision 1. new text end

new text begin Grandfathering period. new text end

new text begin (a) The board shall issue a license to an
applicant who meets all the requirements in this section and has submitted a completed,
signed application and the required fee between January 1, 2012, and December 31, 2013.
new text end

new text begin (b) If the applicant does not provide all of the information requested by the board
by December 31, 2014, the applicant is considered ineligible and the application for
licensure is closed.
new text end

new text begin Subd. 2. new text end

new text begin Eligible agency personnel. new text end

new text begin When submitting the application for licensure,
the applicant must provide evidence satisfactory to the board that the applicant is currently
employed by a:
new text end

new text begin (1) Minnesota city or state agency, and:
new text end

new text begin (i) at any time within three years of the date of submitting an application for
licensure was presented to the public by any title incorporating the words "social work" or
"social worker," while employed by that agency for a minimum of six months; or
new text end

new text begin (ii) at any time within three years of the date of submitting an application for
licensure was engaged in the practice of social work, including clinical social work, as
described in section 148E.010, subdivisions 6 and 11, while employed by that agency
for a minimum of six months; or
new text end

new text begin (2) private nonprofit, nontribal agency whose primary service focus addresses ethnic
minority populations, and the applicant is a member of an ethnic minority population
within the agency, previously exempt from licensure under sections 148D.065, subdivision
5, and 148E.065, subdivision 5, and:
new text end

new text begin (i) at any time within three years of the date of submitting an application for
licensure was presented to the public by any title incorporating the words "social work" or
"social worker," while employed by that agency for a minimum of six months; or
new text end

new text begin (ii) at any time within three years of the date of submitting an application for
licensure was engaged in the practice of social work, including clinical social work, as
described under section 148E.010, subdivisions 6 and 11, while employed by that agency
for a minimum of six months.
new text end

new text begin Subd. 3. new text end

new text begin Qualifications during grandfathering for licensure as LSW. new text end

new text begin (a) To
be licensed as a licensed social worker, an applicant for licensure under this section
must provide evidence satisfactory to the board that the individual has completed a
baccalaureate degree:
new text end

new text begin (1) in social work from a program accredited by the Council on Social Work
Education, the Canadian Association of Schools of Social Work, or a similar accrediting
body designated by the board; or
new text end

new text begin (2) in psychology, sociology, human services, or social/behavioral sciences from an
accredited college or university; or
new text end

new text begin (3) with a major in any field from an accredited college or university, and one year of
experience in the practice of social work as described in section 148E.010, subdivision 11.
new text end

new text begin (b) To be licensed as a licensed social worker, an applicant for licensure under this
section must provide evidence satisfactory to the board that the individual has:
new text end

new text begin (1) submitted a completed, signed application and the license fee in section
148E.180;
new text end

new text begin (2) for applications submitted electronically, provided an attestation as specified
by the board;
new text end

new text begin (3) submitted the criminal background check fee and a form provided by the board
authorizing a criminal background check;
new text end

new text begin (4) paid the applicable license fee in section 148E.180; and
new text end

new text begin (5) not engaged in conduct that was or would be in violation of the standards of
practice specified in sections 148D.195 to 148D.240 and 148E.195 to 148E.240. If the
applicant has engaged in conduct that was or would be in violation of the standards of
practice, the board may take action according to sections 148E.255 to 148E.270.
new text end

new text begin (c) An application that is not completed and signed, or that is not accompanied by
the correct license fee, must be returned to the applicant, along with any fee submitted,
and is void.
new text end

new text begin (d) By submitting an application for licensure, an applicant authorizes the board to
investigate any information provided or requested in the application. The board may
request that the applicant provide additional information, verification, or documentation.
new text end

new text begin (e) Within one year of the time the board receives an application for licensure, the
applicant must meet all the requirements and provide all of the information requested by
the board according to paragraphs (a) and (b).
new text end

new text begin (f) Prelicensure supervised practice hours may be applied to meet the requirements
of this section. Hours obtained prior to August 1, 2011, must meet the supervised practice
requirements in sections 148D.100 to 148D.125, and hours obtained on or after August 1,
2011, must meet the supervised practice requirements in sections 148E.100 to 148E.125.
new text end

new text begin (g) In addition to the required supervisors listed in sections 148D.120 and 148E.120,
an alternate supervisor may include a qualified professional who has a bachelor's or
graduate degree, and the authority to direct the practice of the applicant, including but
not limited to an agency director, or agency or consulting supervisor, as determined
appropriate by the board.
new text end

new text begin (h) Unless completed at the time of application for licensure, a licensee granted a
license by the board under this section must meet the supervised practice requirements
in sections 148E.100 to 148E.125. If a licensee does not meet the supervised practice
requirements, the board may take action according to sections 148E.255 to 148E.270.
new text end

new text begin Subd. 4. new text end

new text begin Qualifications during grandfathering for licensure as LGSW. new text end

new text begin (a) To
be licensed as a licensed graduate social worker, an applicant for licensure under this
section must provide evidence satisfactory to the board that the individual has completed
a graduate degree:
new text end

new text begin (1) in social work from a program accredited by the Council on Social Work
Education, the Canadian Association of Schools of Social Work, or a similar accrediting
body designated by the board; or
new text end

new text begin (2) in psychology, sociology, marriage and family therapy, human services, or
social/behavioral sciences from an accredited college or university; or
new text end

new text begin (3) with a major in any field from an accredited college or university, and one year
of experience in the practice of social work as described in section 148E.010, subdivisions
6 and 11.
new text end

new text begin (b) To be licensed as a licensed graduate social worker, an applicant for licensure
under this section must provide evidence satisfactory to the board that the individual has:
new text end

new text begin (1) submitted a completed, signed application and the license fee in section
148E.180;
new text end

new text begin (2) for applications submitted electronically, provided an attestation as specified
by the board;
new text end

new text begin (3) submitted the criminal background check fee and a form provided by the board
authorizing a criminal background check;
new text end

new text begin (4) paid the applicable license fee in section 148E.180; and
new text end

new text begin (5) not engaged in conduct that was or would be in violation of the standards of
practice specified in sections 148D.195 to 148D.240 and 148E.195 to 148E.240. If the
applicant has engaged in conduct that was or would be in violation of the standards of
practice, the board may take action according to sections 148E.255 to 148E.270.
new text end

new text begin (c) An application that is not completed and signed, or that is not accompanied by
the correct license fee, must be returned to the applicant, along with any fee submitted,
and is void.
new text end

new text begin (d) By submitting an application for licensure, an applicant authorizes the board to
investigate any information provided or requested in the application. The board may
request that the applicant provide additional information, verification, or documentation.
new text end

new text begin (e) Within one year of the time the board receives an application for licensure, the
applicant must meet all the requirements and provide all of the information requested by
the board according to paragraphs (a) and (b).
new text end

new text begin (f) Prelicensure supervised practice hours may be applied to meet the requirements
of this section. Hours obtained prior to August 1, 2011, must meet the supervised practice
requirements in sections 148D.100 to 148D.125, and hours obtained on or after August 1,
2011, must meet the supervised practice requirements in sections 148E.100 to 148E.125.
new text end

new text begin (g) In addition to the required supervisors listed in sections 148D.120 and 148E.120,
an alternate supervisor of nonclinical practice may include a qualified professional who
has a bachelor's or graduate degree, and the authority to direct the practice of the applicant,
including but not limited to an agency director, or agency or consulting supervisor, as
determined appropriate by the board.
new text end

new text begin (h) Unless completed at the time of application for licensure, a licensee granted a
license by the board under this section must meet the supervised practice requirements
specified in sections 148E.100 to 148E.125. If a licensee does not meet the supervised
practice requirements, the board may take action according to sections 148E.255 to
148E.270.
new text end

new text begin Subd. 5. new text end

new text begin Qualifications during grandfathering for licensure as LISW. new text end

new text begin (a) To be
licensed as a licensed independent social worker, an applicant for licensure under this
section must provide evidence satisfactory to the board that the individual has completed
a graduate degree:
new text end

new text begin (1) in social work from a program accredited by the Council on Social Work
Education, the Canadian Association of Schools of Social Work, or a similar accrediting
body designated by the board; or
new text end

new text begin (2) in psychology, sociology, marriage and family therapy, human services, or
social/behavioral sciences from an accredited college or university; or
new text end

new text begin (3) with a major in any field from an accredited college or university, and one year
of experience in the practice of social work according to section 148E.010, subdivision 11.
new text end

new text begin (b) To be licensed as a licensed independent social worker, an applicant for licensure
under this section must provide evidence satisfactory to the board that the individual has:
new text end

new text begin (1) practiced social work as defined in section 148E.010, subdivision 11, and has
met the supervised practice requirements as follows: (i) for hours obtained prior to
August 1, 2011, has met the requirements in sections 148D.100 to 148D.125; (ii) for
hours obtained after August 1, 2011, has met the requirements in sections 148E.100 to
148E.125; and (iii) in addition to the supervisors listed in section 148D.120 or 148E.120,
an alternate supervisor of nonclinical practice may include a qualified professional who
has a bachelor's or graduate degree and the authority to direct the practice of the applicant,
including but not limited to an agency director, or agency or consulting supervisor as
determined by the board.
new text end

new text begin (2) submitted a completed, signed application and the license fee in section
148E.180;
new text end

new text begin (3) for applications submitted electronically, provided an attestation as specified
by the board;
new text end

new text begin (4) submitted the criminal background check fee and a form provided by the board
authorizing a criminal background check;
new text end

new text begin (5) paid the applicable license fee specified in section 148E.180; and
new text end

new text begin (6) not engaged in conduct that was or would be in violation of the standards of
practice specified in sections 148D.195 to 148D.240 and 148E.195 to 148E.240. If the
applicant has engaged in conduct that was or would be in violation of the standards of
practice, the board may take action according to sections 148E.255 to 148E.270.
new text end

new text begin (c) An application that is not completed, signed, and accompanied by the correct
license fee, must be returned to the applicant, along with any fee submitted, and is void.
new text end

new text begin (d) By submitting an application for licensure, an applicant authorizes the board to
investigate any information provided or requested in the application. The board may
request that the applicant provide additional information, verification, or documentation.
new text end

new text begin (e) Within one year of the time the board receives an application for licensure, the
applicant must meet all the requirements and provide all of the information requested by
the board according to paragraphs (a) and (b).
new text end

new text begin (f) Upon licensure, a licensed independent social worker who practices clinical
social work must meet the supervised practice requirements specified in sections 148E.100
to 148E.125. If a licensee does not meet the supervised practice requirements, the board
may take action according to sections 148E.255 to 148E.270.
new text end

new text begin Subd. 6. new text end

new text begin Qualifications during grandfathering for licensure as LICSW. new text end

new text begin (a) To be
licensed as a licensed independent clinical social worker, an applicant for licensure under
this section must provide evidence satisfactory to the board that the individual has:
new text end

new text begin (1) completed a graduate degree in social work from a program accredited by the
Council on Social Work Education, the Canadian Association of Schools of Social Work,
or a similar accrediting body designated by the board; or
new text end

new text begin (2) completed a graduate degree and is a mental health professional according to
section 245.462, subdivision 18, clauses (1) to (6).
new text end

new text begin (b) To be licensed as a licensed independent clinical social worker, an applicant
for licensure under this section must provide evidence satisfactory to the board that the
individual has:
new text end

new text begin (1) practiced clinical social work as defined in section 148E.010, subdivision 6,
including both diagnosis and treatment, and has met the supervised practice requirements
specified in sections 148E.100 to 148E.125, excluding the 1,800 hours of direct clinical
client contact specified in section 148E.115, subdivision 1, except that supervised practice
hours obtained prior to August 1, 2011, must meet the requirements in sections 148D.100
to 148D.125;
new text end

new text begin (2) submitted a completed, signed application and the license fee in section
148E.180;
new text end

new text begin (3) for applications submitted electronically, provided an attestation as specified
by the board;
new text end

new text begin (4) submitted the criminal background check fee and a form provided by the board
authorizing a criminal background check;
new text end

new text begin (5) paid the license fee in section 148E.180; and
new text end

new text begin (6) not engaged in conduct that was or would be in violation of the standards of
practice specified in sections 148D.195 to 148D.240 and 148E.195 to 148E.240. If the
applicant has engaged in conduct that was or would be in violation of the standards of
practice, the board may take action according to sections 148E.255 to 148E.270.
new text end

new text begin (c) An application which is not completed, signed, and accompanied by the correct
license fee, must be returned to the applicant, along with any fee submitted, and is void.
new text end

new text begin (d) By submitting an application for licensure, an applicant authorizes the board to
investigate any information provided or requested in the application. The board may
request that the applicant provide additional information, verification, or documentation.
new text end

new text begin (e) Within one year of the time the board receives an application for licensure, the
applicant must meet all the requirements and provide all of the information requested
by the board.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011.
new text end

Sec. 3.

new text begin [148E.0556] LISW TRANSITION PERIOD EXCEPTION.
new text end

new text begin At any time on or after January 1, 2012, until December 31, 2016, to qualify for a
licensed independent social worker license, an applicant must submit an application to the
board for a licensed independent social worker license and:
new text end

new text begin (1) hold a current licensed graduate social worker license issued through
grandfathering under section 148E.0555, subdivision 4, and:
new text end

new text begin (i) meet all requirements in effect at the time of application according to section
148E.055, subdivision 4, paragraph (a), excluding clause (1); and
new text end

new text begin (ii) meet the supervised practice requirements according to section 148E.055,
subdivision 4, paragraph (a), clause (2); or
new text end

new text begin (2) hold a current licensed graduate social worker issued through grandfathering
prior to July 1, 1996, and:
new text end

new text begin (i) meet all requirements in effect at the time of application according to section
148E.055, subdivision 4, paragraph (a), excluding clause (1); and
new text end

new text begin (ii) meet the supervised practice requirements according to section 148E.055,
subdivision 4, paragraph (a), clause (2).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011.
new text end

Sec. 4.

new text begin [148E.0557] LICSW TRANSITION PERIOD EXCEPTION.
new text end

new text begin At any time on or after January 1, 2012, until December 31, 2016, to qualify for
a licensed independent clinical social worker license, an applicant must submit an
application to the board for a licensed independent clinical social worker license and:
new text end

new text begin (1) hold a current licensed graduate social worker or licensed independent social
worker license issued through grandfathering under section 148E.0555, subdivision 4
or 5, and:
new text end

new text begin (i) meet all requirements in effect at the time of application according to section
148E.055, subdivision 5, paragraph (a), excluding clause (1); and
new text end

new text begin (ii) meet the supervised practice requirements according to section 148E.055,
subdivision 5, paragraph (a), clause (3); or
new text end

new text begin (2) hold a current licensed graduate social worker or licensed independent social
worker license issued through grandfathering prior to July 1, 1996, and:
new text end

new text begin (i) meet all requirements in effect at the time of application according to section
148E.055, subdivision 5, paragraph (a), excluding clause (1); and
new text end

new text begin (ii) meet the supervised practice requirements according to section 148E.055,
subdivision 5, paragraph (a), clause (3).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011.
new text end

Sec. 5.

Minnesota Statutes 2010, section 148E.060, subdivision 1, is amended to read:

Subdivision 1.

Students and other persons not currently licensed in another
jurisdiction.

new text begin (a) new text end The board may issue a temporary license to practice social work to an
applicant who is not licensed or credentialed to practice social work in any jurisdiction
but has:

(1) applied for a license under section 148E.055;

(2) applied for a temporary license on a form provided by the board;

(3) submitted a form provided by the board authorizing the board to complete a
criminal background check;

(4) passed the applicable licensure examination provided for in section 148E.055;

(5) attested on a form provided by the board that the applicant has completed the
requirements for a baccalaureate or graduate degree in social work from a program
accredited by the Council on Social Work Education, the Canadian Association of Schools
of Social Work, or a similar deleted text begin accreditation deleted text end new text begin accrediting new text end body designated by the board, or a
doctorate in social work from an accredited university; and

(6) not engaged in conduct that was or would be in violation of the standards of
practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
conduct that was or would be in violation of the standards of practice, the board may take
action according to sections 148E.255 to 148E.270.

new text begin (b) A temporary license issued under this subdivision expires after six months.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011.
new text end

Sec. 6.

Minnesota Statutes 2010, section 148E.060, subdivision 2, is amended to read:

Subd. 2.

Emergency situations and persons currently licensed in another
jurisdiction.

new text begin (a) new text end The board may issue a temporary license to practice social work to an
applicant who is licensed or credentialed to practice social work in another jurisdiction,
may or may not have applied for a license under section 148E.055, and has:

(1) applied for a temporary license on a form provided by the board;

(2) submitted a form provided by the board authorizing the board to complete a
criminal background check;

(3) submitted evidence satisfactory to the board that the applicant is currently
licensed or credentialed to practice social work in another jurisdiction;

(4) attested on a form provided by the board that the applicant has completed the
requirements for a baccalaureate or graduate degree in social work from a program
accredited by the Council on Social Work Education, the Canadian Association of Schools
of Social Work, or a similar deleted text begin accreditation deleted text end new text begin accrediting new text end body designated by the board, or a
doctorate in social work from an accredited university; and

(5) not engaged in conduct that was or would be in violation of the standards of
practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
conduct that was or would be in violation of the standards of practice, the board may take
action according to sections 148E.255 to 148E.270.

new text begin (b) A temporary license issued under this subdivision expires after six months.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011.
new text end

Sec. 7.

Minnesota Statutes 2010, section 148E.060, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Programs in candidacy status. new text end

new text begin (a) The board may issue a temporary
license to practice social work to an applicant who has completed the requirements for a
baccalaureate or graduate degree in social work from a program in candidacy status with
the Council on Social Work Education, the Canadian Association of Schools of Social
Work, or a similar accrediting body designated by the board, and has:
new text end

new text begin (1) applied for a license under section 148E.055;
new text end

new text begin (2) applied for a temporary license on a form provided by the board;
new text end

new text begin (3) submitted a form provided by the board authorizing the board to complete a
criminal background check;
new text end

new text begin (4) passed the applicable licensure examination provided for in section 148E.055;
and
new text end

new text begin (5) not engaged in conduct that is in violation of the standards of practice specified
in sections 148E.195 to 148E.240. If the applicant has engaged in conduct that is in
violation of the standards of practice, the board may take action according to sections
148E.255 to 148E.270.
new text end

new text begin (b) A temporary license issued under this subdivision expires after 12 months but
may be extended at the board's discretion upon a showing that the social work program
remains in good standing with the Council on Social Work Education, the Canadian
Association of Schools of Social Work, or a similar accrediting body designated by the
board. If the board receives notice from the Council on Social Work Education, the
Canadian Association of Schools of Social Work, or a similar accrediting body designated
by the board that the social work program is not in good standing, or that the accreditation
will not be granted to the social work program, the temporary license is immediately
revoked.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011.
new text end

Sec. 8.

Minnesota Statutes 2010, section 148E.060, subdivision 3, is amended to read:

Subd. 3.

Teachers.

new text begin (a) new text end The board may issue a temporary license to practice social
work to an applicant whose permanent residence is outside the United States, who is
teaching social work at an academic institution in Minnesota for a period not to exceed
12 months, who may or may not have applied for a license under section 148E.055, and
who has:

(1) applied for a temporary license on a form provided by the board;

(2) submitted a form provided by the board authorizing the board to complete a
criminal background check;

(3) attested on a form provided by the board that the applicant has completed the
requirements for a baccalaureate or graduate degree in social work; and

(4) has not engaged in conduct that was or would be in violation of the standards
of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
conduct that was or would be in violation of the standards of practice, the board may take
action according to sections 148E.255 to 148E.270.

new text begin (b) A temporary license issued under this subdivision expires after 12 months.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011.
new text end

Sec. 9.

Minnesota Statutes 2010, section 148E.060, subdivision 5, is amended to read:

Subd. 5.

Temporary license term.

deleted text begin (a) deleted text end A temporary license is valid until expiration,
or until the board issues or denies the license according to section 148E.055, or until
the board revokes the temporary license, whichever comes first. A temporary license is
nonrenewable.

deleted text begin (b) A temporary license issued according to subdivision 1 or 2 expires after six
months.
deleted text end

deleted text begin (c) A temporary license issued according to subdivision 3 expires after 12 months.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011.
new text end

Sec. 10.

Minnesota Statutes 2010, section 148E.065, subdivision 2, is amended to read:

Subd. 2.

Students.

An internship, externship, or any other social work experience
that is required for the completion of an accredited program of social work does not
constitute the practice of social work under this chapter. new text begin Students exempted under this
section may use the title "social work intern."
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011.
new text end

Sec. 11.

Minnesota Statutes 2010, section 148E.065, subdivision 4, is amended to read:

Subd. 4.

City, county, and state agency social workers.

new text begin (a) new text end The licensure of
city, county, and state agency social workers is voluntary deleted text begin . deleted text end new text begin , except an individual who
is newly employed by a city or state agency on or after July 1, 2015, must be licensed
if the individual who provides social work services, as those services are defined in
section 148E.010, subdivision 11, paragraph (b), is presented to the public by any title
incorporating the words "social work" or "social worker."
new text end

new text begin (b) new text end City, county, and state agencies employing social workers are not required to
employ licensed social workers.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015.
new text end

Sec. 12.

Minnesota Statutes 2010, section 148E.065, subdivision 5, is amended to read:

Subd. 5.

Tribes and private nonprofit agencies; voluntary licensure.

new text begin (a) new text end The
licensure of social workers who are employed by federally recognized tribes deleted text begin , or by private
nonprofit agencies deleted text end new text begin is voluntary.
new text end

new text begin (b) The licensure of private nonprofit nontribal agency social workers new text end whose
primary service focus addresses ethnic minority populations, and who are themselves
members of ethnic minority populations within those agencies, is voluntary new text begin , until July
1, 2015, when individuals who practice social work must be licensed as required under
section 148E.055, subdivision 1 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015.
new text end

Sec. 13.

Minnesota Statutes 2010, section 148E.120, is amended to read:

148E.120 REQUIREMENTS OF SUPERVISORS.

Subdivision 1.

Supervisors licensed as social workers.

(a) Except as provided in
deleted text begin paragraph (d) deleted text end new text begin subdivision 2 new text end , to be eligible to provide supervision under this section, a
social worker must:

(1) have completed 30 hours of training in supervision through coursework from
an accredited college or university, or through continuing education in compliance with
sections 148E.130 to 148E.170;

(2) be competent in the activities being supervised; and

(3) attest, on a form provided by the board, that the social worker has met the
applicable requirements specified in this section and sections 148E.100 to 148E.115. The
board may audit the information provided to determine compliance with the requirements
of this section.

(b) A licensed independent clinical social worker providing clinical licensing
supervision to a licensed graduate social worker or a licensed independent social worker
must have at least 2,000 hours of experience in authorized social work practice, including
1,000 hours of experience in clinical practice after obtaining a licensed independent
clinical social worker license.

(c) A licensed social worker, licensed graduate social worker, licensed independent
social worker, or licensed independent clinical social worker providing nonclinical
licensing supervision must have completed the supervised practice requirements specified
in section 148E.100, 148E.105, 148E.106, 148E.110, or 148E.115, as applicable.

deleted text begin (d) If the board determines that supervision is not obtainable from an individual
meeting the requirements specified in paragraph (a), the board may approve an alternate
supervisor according to subdivision 2.
deleted text end

Subd. 2.

Alternate supervisors.

(a) deleted text begin The board may approve an alternate supervisor
if: deleted text end new text begin The board may approve an alternate supervisor as determined in this subdivision. The
board shall approve up to 25 percent of the required supervision hours by a licensed mental
health professional who is competent and qualified to provide supervision according to the
mental health professional's respective licensing board, as established by section 245.462,
subdivision 18, clauses (1) to (6), or 245.4871, subdivision 27, clauses (1) to (6).
new text end

deleted text begin (1) the board determines that supervision is not obtainable according to paragraph
(b);
deleted text end

deleted text begin (2) the licensee requests in the supervision plan submitted according to section
148E.125, subdivision 1, that an alternate supervisor conduct the supervision;
deleted text end

deleted text begin (3) the licensee describes the proposed supervision and the name and qualifications
of the proposed alternate supervisor; and
deleted text end

deleted text begin (4) the requirements of paragraph (d) are met.
deleted text end

deleted text begin (b) The board may determine that supervision is not obtainable if:
deleted text end

deleted text begin (1) the licensee provides documentation as an attachment to the supervision plan
submitted according to section 148E.125, subdivision 1, that the licensee has conducted a
thorough search for a supervisor meeting the applicable licensure requirements specified
in sections 148E.100 to 148E.115;
deleted text end

deleted text begin (2) the licensee demonstrates to the board's satisfaction that the search was
unsuccessful; and
deleted text end

deleted text begin (3) the licensee describes the extent of the search and the names and locations of
the persons and organizations contacted.
deleted text end

deleted text begin (c) The requirements specified in paragraph (b) do not apply to obtaining licensing
supervision for social work practice if the board determines that there are five or fewer
supervisors meeting the applicable licensure requirements in sections 148E.100 to
148E.115 in the county where the licensee practices social work.
deleted text end

deleted text begin (d) An alternate supervisor must:
deleted text end

deleted text begin (1) be an unlicensed social worker who is employed in, and provides the supervision
in, a setting exempt from licensure by section 148E.065, and who has qualifications
equivalent to the applicable requirements specified in sections 148E.100 to 148E.115;
deleted text end

deleted text begin (2) be a social worker engaged in authorized practice in Iowa, Manitoba, North
Dakota, Ontario, South Dakota, or Wisconsin, and has the qualifications equivalent to the
applicable requirements specified in sections 148E.100 to 148E.115; or
deleted text end

deleted text begin (3) be a licensed marriage and family therapist or a mental health professional
as established by section 245.462, subdivision 18, or 245.4871, subdivision 27, or an
equivalent mental health professional, as determined by the board, who is licensed or
credentialed by a state, territorial, provincial, or foreign licensing agency.
deleted text end

deleted text begin (e) In order to qualify to provide clinical supervision of a licensed graduate social
worker or licensed independent social worker engaged in clinical practice, the alternate
supervisor must be a mental health professional as established by section 245.462,
subdivision 18, or 245.4871, subdivision 27, or an equivalent mental health professional,
as determined by the board, who is licensed or credentialed by a state, territorial,
provincial, or foreign licensing agency.
deleted text end

new text begin (b) The board shall approve up to 100 percent of the required supervision hours by
an alternate supervisor if the board determines that:
new text end

new text begin (1) there are five or fewer supervisors in the county where the licensee practices
social work who meet the applicable licensure requirements in subdivision 1;
new text end

new text begin (2) the supervisor is an unlicensed social worker who is employed in, and provides
the supervision in, a setting exempt from licensure by section 148E.065, and who has
qualifications equivalent to the applicable requirements specified in sections 148E.100 to
148E.115;
new text end

new text begin (3) the supervisor is a social worker engaged in authorized social work practice
in Iowa, Manitoba, North Dakota, Ontario, South Dakota, or Wisconsin, and has the
qualifications equivalent to the applicable requirements in sections 148E.100 to 148E.115;
or
new text end

new text begin (4) the applicant or licensee is engaged in nonclinical authorized social work
practice outside of Minnesota and the supervisor meets the qualifications equivalent to
the applicable requirements in sections 148E.100 to 148E.115, or the supervisor is an
equivalent mental health professional, as determined by the board, who is credentialed by
a state, territorial, provincial, or foreign licensing agency; or
new text end

new text begin (5) the applicant or licensee is engaged in clinical authorized social work practice
outside of Minnesota and the supervisor meets qualifications equivalent to the applicable
requirements in section 148E.115, or the supervisor is an equivalent mental health
professional as determined by the board, who is credentialed by a state, territorial,
provincial, or foreign licensing agency.
new text end

new text begin (c) In order for the board to consider an alternate supervisor under this section,
the licensee must:
new text end

new text begin (1) request in the supervision plan and verification submitted according to section
148E.125, that an alternate supervisor conduct the supervision; and
new text end

new text begin (2) describe the proposed supervision and the name and qualifications of the
proposed alternate supervisor. The board may audit the information provided to determine
compliance with the requirements of this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011.
new text end

Sec. 14.

Minnesota Statutes 2010, section 148E.195, subdivision 2, is amended to read:

Subd. 2.

Representations.

(a) No applicant or other individual may be represented
to the public by any title incorporating the words "social work" or "social worker" unless
the individual holds a license according to deleted text begin sections 148E.055 and 148E.060 or practices in
a setting exempt from licensure according to deleted text end new text begin this new text end section deleted text begin 148E.065 deleted text end .

(b) In all professional use of a social worker's name, the social worker must use
the license designation "LSW" or "licensed social worker" for a licensed social worker,
"LGSW" or "licensed graduate social worker" for a licensed graduate social worker,
"LISW" or "licensed independent social worker" for a licensed independent social worker,
or "LICSW" or "licensed independent clinical social worker" for a licensed independent
clinical social worker.

(c) Public statements or advertisements must not be untruthful, misleading, false,
fraudulent, deceptive, or potentially exploitative of clients, former clients, interns,
students, supervisees, or the public.

(d) A social worker must not:

(1) use licensure status as a claim, promise, or guarantee of successful service;

(2) obtain a license by cheating or employing fraud or deception;

(3) make false statements or misrepresentations to the board or in materials
submitted to the board; or

(4) engage in conduct that has the potential to deceive or defraud a social work
client, intern, student, supervisee, or the public.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015.
new text end

Sec. 15.

Minnesota Statutes 2010, section 148E.280, is amended to read:

148E.280 USE OF TITLES.

No individual may be presented to the public by any title incorporating the words
"social work" or "social worker" or in the titles in section 148E.195, unless that individual
new text begin is employed by a county or new text end holds a license under deleted text begin sections 148E.055 and 148E.060, or
practices in a setting exempt from licensure under deleted text end new text begin this new text end section deleted text begin 148E.065 deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015.
new text end

Sec. 16. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 148E.065, subdivision 3, new text end new text begin is repealed August 1,
2011.
new text end

ARTICLE 4

ALCOHOL AND DRUG COUNSELOR

Section 1.

new text begin [148F.001] SCOPE.
new text end

new text begin This chapter applies to all applicants and licensees, all persons who use the title
alcohol and drug counselor, and all persons in or out of this state who provide alcohol
and drug counseling services to clients who reside in this state unless there are specific
applicable exemptions provided by law.
new text end

Sec. 2.

new text begin [148F.010] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For purposes of this chapter, the terms in this section have
the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Abuse. new text end

new text begin "Abuse" means a maladaptive pattern of substance use leading to
clinically significant impairment or distress, as manifested by one or more of the following
occurring at any time during the same 12-month period:
new text end

new text begin (1) recurrent substance use resulting in a failure to fulfill major role obligations at
work, school, or home;
new text end

new text begin (2) recurrent substance use in situations in which it is physically hazardous;
new text end

new text begin (3) recurrent substance-related legal problems; and
new text end

new text begin (4) continued substance use despite having persistent or recurrent social or
interpersonal problems caused or exacerbated by the effects of the substance.
new text end

new text begin Subd. 3. new text end

new text begin Accredited school or educational program. new text end

new text begin "Accredited school or
educational program" means a school of alcohol and drug counseling, university, college,
or other postsecondary education program that, at the time the student completes
the program, is accredited by a regional accrediting association whose standards are
substantially equivalent to those of the North Central Association of Colleges and
Postsecondary Education Institutions or an accrediting association that evaluates schools
of alcohol and drug counseling for inclusion of the education, practicum, and core function
standards in this chapter.
new text end

new text begin Subd. 4. new text end

new text begin Alcohol and drug counseling practicum. new text end

new text begin "Alcohol and drug counseling
practicum" means formal experience gained by a student and supervised by a person either
licensed under this chapter or exempt under its provisions, as part of an accredited school
or educational program of alcohol and drug counseling.
new text end

new text begin Subd. 5. new text end

new text begin Alcohol and drug counselor. new text end

new text begin "Alcohol and drug counselor" means a
person who holds a valid license issued under this chapter to engage in the practice of
alcohol and drug counseling.
new text end

new text begin Subd. 6. new text end

new text begin Applicant. new text end

new text begin "Applicant" means a person seeking a license or temporary
permit under this chapter.
new text end

new text begin Subd. 7. new text end

new text begin Board. new text end

new text begin "Board" means the Board of Behavioral Health and Therapy
established in section 148B.51.
new text end

new text begin Subd. 8. new text end

new text begin Client. new text end

new text begin "Client" means an individual who is the recipient of any of the
alcohol and drug counseling services described in this section. Client also means "patient"
as defined in Minnesota Statutes, section 144.291, subdivision 2, paragraph (g).
new text end

new text begin Subd. 9. new text end

new text begin Competence. new text end

new text begin "Competence" means the ability to provide services within
the practice of alcohol and drug counseling as defined in subdivision 18, that:
new text end

new text begin (1) are rendered with reasonable skill and safety;
new text end

new text begin (2) meet minimum standards of acceptable and prevailing practice as described
in section 148F.120; and
new text end

new text begin (3) take into account human diversity.
new text end

new text begin Subd. 10. new text end

new text begin Core functions. new text end

new text begin "Core functions" means the following services provided
in alcohol and drug treatment:
new text end

new text begin (1) "screening" means the process by which a client is determined appropriate and
eligible for admission to a particular program;
new text end

new text begin (2) "intake" means the administrative and initial assessment procedures for
admission to a program;
new text end

new text begin (3) "orientation" means describing to the client the general nature and goals of the
program; rules governing client conduct and infractions that can lead to disciplinary
action or discharge from the program; in a nonresidential program, the hours during which
services are available; treatment costs to be borne by the client, if any; and client's rights;
new text end

new text begin (4) "assessment" means those procedures by which a counselor identifies and
evaluates an individual's strengths, weaknesses, problems, and needs to develop a
treatment plan or make recommendations for level of care placement;
new text end

new text begin (5) "treatment planning" means the process by which the counselor and the client
identify and rank problems needing resolution; establish agreed upon immediate and
long-term goals; and decide on a treatment process and the sources to be utilized;
new text end

new text begin (6) "counseling" means the utilization of special skills to assist individuals, families,
or groups in achieving objectives through exploration of a problem and its ramifications;
examination of attitudes and feelings; consideration of alternative solutions; and decision
making;
new text end

new text begin (7) "case management" means activities that bring services, agencies, resources,
or people together within a planned framework of action toward the achievement of
established goals;
new text end

new text begin (8) "crisis intervention" means those services which respond to an alcohol or other
drug user's needs during acute emotional or physical distress;
new text end

new text begin (9) "client education" means the provision of information to clients who are
receiving or seeking counseling concerning alcohol and other drug abuse and the available
services and resources;
new text end

new text begin (10) "referral" means identifying the needs of the client which cannot be met by the
counselor or agency and assisting the client to utilize the support systems and available
community resources;
new text end

new text begin (11) "reports and record keeping" means charting the results of the assessment
and treatment plan and writing reports, progress notes, discharge summaries, and other
client-related data; and
new text end

new text begin (12) "consultation with other professionals regarding client treatment and services"
means communicating with other professionals in regard to client treatment and services
to assure comprehensive, quality care for the client.
new text end

new text begin Subd. 11. new text end

new text begin Credential. new text end

new text begin "Credential" means a license, permit, certification,
registration, or other evidence of qualification or authorization to engage in the practice of
an occupation in any state or jurisdiction.
new text end

new text begin Subd. 12. new text end

new text begin Dependent on the provider. new text end

new text begin "Dependent on the provider" means that the
nature of a former client's emotional or cognitive condition and the nature of the services
by the provider are such that the provider knows or should have known that the former
client is unable to withhold consent to sexually exploitative behavior by the provider.
new text end

new text begin Subd. 13. new text end

new text begin Familial. new text end

new text begin "Familial" means of, involving, related to, or common to a
family member as defined in subdivision 14.
new text end

new text begin Subd. 14. new text end

new text begin Family member or member of the family. new text end

new text begin "Family member" or
"member of the family" means a spouse, parent, offspring, sibling, grandparent,
grandchild, uncle, aunt, niece, or nephew, or an individual who serves in the role of one of
the foregoing.
new text end

new text begin Subd. 15. new text end

new text begin Group clients. new text end

new text begin "Group clients" means two or more individuals who are
each a corecipient of alcohol and drug counseling services. Group clients may include,
but are not limited to, two or more family members, when each is the direct recipient of
services, or each client receiving group counseling services.
new text end

new text begin Subd. 16. new text end

new text begin Human diversity. new text end

new text begin "Human diversity" means individual client differences
that are associated with the client's cultural group, including race, ethnicity, national
origin, religious affiliation, language, age, gender, gender identity, physical and mental
capabilities, sexual orientation, marital status, or socioeconomic status.
new text end

new text begin Subd. 17. new text end

new text begin Informed consent. new text end

new text begin "Informed consent" means an agreement between
a provider and a client that authorizes the provider to engage in a professional activity
affecting the client. Informed consent requires:
new text end

new text begin (1) the provider to give the client sufficient information so the client is able to decide
knowingly whether to agree to the proposed professional activity;
new text end

new text begin (2) the provider to discuss the information in language that the client can reasonably
be expected to understand; and
new text end

new text begin (3) the client's consent to be given without undue influence by the provider.
new text end

new text begin Subd. 18. new text end

new text begin Licensee. new text end

new text begin "Licensee" means a person who holds a valid license under
this chapter.
new text end

new text begin Subd. 19. new text end

new text begin Practice of alcohol and drug counseling. new text end

new text begin "Practice of alcohol and
drug counseling" means the observation, description, evaluation, interpretation, and
modification of human behavior by the application of core functions as it relates to the
harmful or pathological use or abuse of alcohol or other drugs. The practice of alcohol
and drug counseling includes, but is not limited to, the following activities, regardless of
whether the counselor receives compensation for the activities:
new text end

new text begin (1) assisting clients who use alcohol or drugs, evaluating that use, and recognizing
dependency if it exists;
new text end

new text begin (2) assisting clients with alcohol or other drug problems to gain insight and
motivation aimed at resolving those problems;
new text end

new text begin (3) providing experienced professional guidance, assistance, and support for the
client's efforts to develop and maintain a responsible functional lifestyle;
new text end

new text begin (4) recognizing problems outside the scope of the counselor's training, skill, or
competence and referring the client to other appropriate professional services;
new text end

new text begin (5) diagnosing the level of alcohol or other drug use involvement to determine the
level of care;
new text end

new text begin (6) individual planning to prevent a return to harmful alcohol or chemical use;
new text end

new text begin (7) alcohol and other drug abuse education for clients;
new text end

new text begin (8) consultation with other professionals;
new text end

new text begin (9) gaining diversity awareness through ongoing training and education; and
new text end

new text begin (10) providing the above services, as needed, to family members or others who are
directly affected by someone using alcohol or other drugs.
new text end

new text begin Subd. 20. new text end

new text begin Practice foundation. new text end

new text begin "Practice foundation" means that an alcohol and
drug counseling service or continuing education activity is based upon observations,
methods, procedures, or theories that are generally accepted by the professional
community in alcohol and drug counseling.
new text end

new text begin Subd. 21. new text end

new text begin Private information. new text end

new text begin "Private information" means any information,
including, but not limited to, client records as defined in section 148F.150, test results,
or test interpretations developed during a professional relationship between a provider
and a client.
new text end

new text begin Subd. 22. new text end

new text begin Provider. new text end

new text begin "Provider" means a licensee, a temporary permit holder, or an
applicant.
new text end

new text begin Subd. 23. new text end

new text begin Public statement. new text end

new text begin "Public statement" means any statement,
communication, or representation, by a provider to the public regarding the provider or
the provider's professional services or products. Public statements include, but are not
limited to, advertising, representations in reports or letters, descriptions of credentials
and qualifications, brochures and other descriptions of services, directory listings,
personal resumes or curricula vitae, comments for use in the media, websites, grant and
credentialing applications, or product endorsements.
new text end

new text begin Subd. 24. new text end

new text begin Report. new text end

new text begin "Report" means any written or oral professional communication,
including a letter, regarding a client or subject that includes one or more of the following:
historical data, behavioral observations, opinions, diagnostic or evaluative statements,
or recommendations. The testimony of a provider as an expert or fact witness in a
legal proceeding also constitutes a report. For purposes of this chapter, letters of
recommendation for academic or career purposes are not considered reports.
new text end

new text begin Subd. 25. new text end

new text begin Significant risks and benefits. new text end

new text begin "Significant risks and benefits" means
those risks and benefits that are known or reasonably foreseeable by the provider,
including the possible range and likelihood of outcomes, and that are necessary for the
client to know in order to decide whether to give consent to proposed services or to
reasonable alternative services.
new text end

new text begin Subd. 26. new text end

new text begin Student. new text end

new text begin "Student" means an individual who is enrolled in a program in
alcohol and drug counseling at an accredited educational institution, or who is taking an
alcohol and drug counseling course or practicum for credit.
new text end

new text begin Subd. 27. new text end

new text begin Supervisee. new text end

new text begin "Supervisee" means an individual whose supervision is
required to obtain credentialing by a licensure board or to comply with a board order.
new text end

new text begin Subd. 28. new text end

new text begin Supervisor. new text end

new text begin "Supervisor" means a licensed alcohol and drug counselor
licensed under this chapter or other licensed professional practicing alcohol and drug
counseling under section 148F.110, who meets the requirements of section 148F.040,
subdivision 3, and who provides supervision to persons seeking licensure under section
148F.025, subdivision 3, paragraph (2), clause (ii).
new text end

new text begin Subd. 29. new text end

new text begin Test. new text end

new text begin "Test" means any instrument, device, survey, questionnaire,
technique, scale, inventory, or other process which is designed or constructed for the
purpose of measuring, evaluating, assessing, describing, or predicting personality,
behavior, traits, cognitive functioning, aptitudes, attitudes, skills, values, interests,
abilities, or other characteristics of individuals.
new text end

new text begin Subd. 30. new text end

new text begin Unprofessional conduct. new text end

new text begin "Unprofessional conduct" means any conduct
violating sections 148F.001 to 148F.205, or any conduct that fails to conform to the
minimum standards of acceptable and prevailing practice necessary for the protection
of the public.
new text end

new text begin Subd. 31. new text end

new text begin Variance. new text end

new text begin "Variance" means board-authorized permission to comply with
a law or rule in a manner other than that generally specified in the law or rule.
new text end

Sec. 3.

new text begin [148F.015] DUTIES OF THE BOARD.
new text end

new text begin The board shall:
new text end

new text begin (1) adopt and enforce rules for licensure and regulation of alcohol and drug
counselors and temporary permit holders, including a standard disciplinary process and
rules of professional conduct;
new text end

new text begin (2) issue licenses and temporary permits to qualified individuals under
sections148F.001 to 148F.205;
new text end

new text begin (3) carry out disciplinary actions against licensees and temporary permit holders;
new text end

new text begin (4) educate the public about the existence and content of the regulations for alcohol
and drug counselor licensing to enable consumers to file complaints against licensees who
may have violated the rules; and
new text end

new text begin (5) collect nonrefundable license fees for alcohol and drug counselors.
new text end

Sec. 4.

new text begin [148F.020] DUTY TO MAINTAIN CURRENT INFORMATION.
new text end

new text begin All individuals licensed as alcohol and drug counselors, all individuals with
temporary permits, and all applicants for licensure must notify the board within 30 days
of the occurrence of any of the following:
new text end

new text begin (1) a change of name, address, place of employment, and home or business
telephone number; and
new text end

new text begin (2) a change in any other application information.
new text end

Sec. 5.

new text begin [148F.025] REQUIREMENTS FOR LICENSURE.
new text end

new text begin Subdivision 1. new text end

new text begin Form; fee. new text end

new text begin Individuals seeking licensure as a licensed alcohol and
drug counselor shall fully complete and submit a notarized written application on forms
provided by the board together with the appropriate fee in the amount set by the board. No
portion of the fee is refundable.
new text end

new text begin Subd. 2. new text end

new text begin Education requirements for licensure. new text end

new text begin An applicant for licensure must
submit evidence satisfactory to the board that the applicant has:
new text end

new text begin (1) received a bachelor's degree from an accredited school or educational program;
and
new text end

new text begin (2) received 18 semester credits or 270 clock hours of academic course work and
880 clock hours of supervised alcohol and drug counseling practicum from an accredited
school or education program. The course work and practicum do not have to be part of
the bachelor's degree earned under clause (1). The academic course work must be in
the following areas:
new text end

new text begin (i) an overview of the transdisciplinary foundations of alcohol and drug counseling,
including theories of chemical dependency, the continuum of care, and the process of
change;
new text end

new text begin (ii) pharmacology of substance abuse disorders and the dynamics of addiction,
including medication-assisted therapy;
new text end

new text begin (iii) professional and ethical responsibilities;
new text end

new text begin (iv) multicultural aspects of chemical dependency;
new text end

new text begin (v) co-occurring disorders; and
new text end

new text begin (vi) the core functions defined in section 148F.010, subdivision 10.
new text end

new text begin Subd. 3. new text end

new text begin Examination requirements for licensure. new text end

new text begin (a) To be eligible for licensure,
the applicant must:
new text end

new text begin (1) satisfactorily pass the International Certification and Reciprocity Consortium
Alcohol and Other Drug Abuse Counselor (IC&RC AODA) written examination adopted
June 2008, or other equivalent examination as determined by the board; or
new text end

new text begin (2) satisfactorily pass a written examination for licensure as an alcohol and drug
counselor, as determined by the board, and one of the following:
new text end

new text begin (i) complete a written case presentation and pass an oral examination that
demonstrates competence in the core functions as defined in section 148F.010, subdivision
10; or
new text end

new text begin (ii) complete 2,000 hours of postdegree supervised professional practice under
section 148F.040.
new text end

new text begin Subd. 4. new text end

new text begin Background investigation. new text end

new text begin The applicant must sign a release authorizing
the board to obtain information from the Bureau of Criminal Apprehension, the Federal
Bureau of Investigation, the Department of Human Services, the Office of Health Facilities
Complaints, and other agencies specified by the board. After the board has given written
notice to an individual who is the subject of a background investigation, the agencies shall
assist the board with the investigation by giving the board criminal conviction data, reports
about substantiated maltreatment of minors and vulnerable adults, and other information.
The board may contract with the commissioner of human services to obtain criminal
history data from the Bureau of Criminal Apprehension.
new text end

Sec. 6.

new text begin [148F.030] RECIPROCITY.
new text end

new text begin (a) An individual who holds a current license or national certification as an alcohol
and drug counselor from another jurisdiction must file with the board a completed
application for licensure by reciprocity containing the information required in this section.
new text end

new text begin (b) The applicant must request the credentialing authority of the jurisdiction in
which the credential is held to send directly to the board a statement that the credential
is current and in good standing, the applicant's qualifications that entitled the applicant
to the credential, and a copy of the jurisdiction's credentialing laws and rules that were
in effect at the time the applicant obtained the credential.
new text end

new text begin (c) The board shall issue a license if the board finds that the requirements which
the applicant met to obtain the credential from the other jurisdiction were substantially
similar to the current requirements for licensure in this chapter and that the applicant is not
otherwise disqualified under section 148F.090.
new text end

Sec. 7.

new text begin [148F.035] TEMPORARY PERMIT.
new text end

new text begin (a) The board may issue a temporary permit to practice alcohol and drug counseling
to an individual prior to being licensed under this chapter if the person:
new text end

new text begin (1) received an associate degree, or an equivalent number of credit hours, completed
880 clock hours of supervised alcohol and drug counseling practicum, and 18 semester
credits or 270 clock hours of academic course work in alcohol and drug counseling from
an accredited school or education program; and
new text end

new text begin (2) completed academic course work in the following areas:
new text end

new text begin (i) overview of the transdisciplinary foundations of alcohol and drug counseling,
including theories of chemical dependency, the continuum of care, and the process of
change;
new text end

new text begin (ii) pharmacology of substance abuse disorders and the dynamics of addiction,
including medication-assisted therapy;
new text end

new text begin (iii) professional and ethical responsibilities;
new text end

new text begin (iv) multicultural aspects of chemical dependency;
new text end

new text begin (v) co-occurring disorders; and
new text end

new text begin (vi) core functions defined in section 148F.010, subdivision 10.
new text end

new text begin (b) An individual seeking a temporary permit shall fully complete and submit
a notarized written application on forms provided by the board together with the
nonrefundable temporary permit fee specified in section 148F.115, subdivision 3, clause
(1).
new text end

new text begin (c) An individual practicing under this section:
new text end

new text begin (1) must be supervised by a licensed alcohol and drug counselor or other licensed
professional practicing alcohol and drug counseling under section 148F.110, subdivision 1;
new text end

new text begin (2) is subject to all statutes and rules to the same extent as an individual who is
licensed under this chapter, except the individual is not subject to the continuing education
requirements of section 148F.075; and
new text end

new text begin (3) must use the title "Alcohol and Drug Counselor-Trainee" or the letters "ADC-T"
in professional activities.
new text end

new text begin (d) (1) An individual practicing with a temporary permit must submit a renewal
application annually on forms provided by the board with the renewal fee required in
section 148F.115, subdivision 3.
new text end

new text begin (2) A temporary permit is automatically terminated if not renewed, upon a change in
supervision, or upon the granting or denial by the board of the applicant's application for
licensure as an alcohol and drug counselor.
new text end

new text begin (3) A temporary permit may be renewed no more than five times.
new text end

Sec. 8.

new text begin [148F.040] SUPERVISED POSTDEGREE PROFESSIONAL PRACTICE.
new text end

new text begin Subdivision 1. new text end

new text begin Supervision. new text end

new text begin For the purposes of this section, "supervision" means
documented interactive consultation, which, subject to the limitations of subdivision 4,
paragraph (b), may be conducted in person, by telephone, or by audio or audiovisual
electronic device by a supervisor with a supervisee. The supervision must be adequate to
ensure the quality and competence of the activities supervised. Supervisory consultation
must include discussions on the nature and content of the practice of the supervisee,
including, but not limited to, a review of a representative sample of alcohol and drug
counseling services in the supervisee's practice.
new text end

new text begin Subd. 2. new text end

new text begin Postdegree professional practice. new text end

new text begin "Postdegree professional practice"
means paid or volunteer work experience and training following graduation from an
accredited school or educational program that involves professional oversight by a
supervisor approved by the board and that satisfies the supervision requirements in
subdivision 4.
new text end

new text begin Subd. 3. new text end

new text begin Supervisor requirements. new text end

new text begin For the purposes of this section, a supervisor
shall:
new text end

new text begin (1) be a licensed alcohol and drug counselor or other qualified professional as
determined by the board;
new text end

new text begin (2) have three years of experience providing alcohol and drug counseling services;
and
new text end

new text begin (3) have received a minimum of 12 hours of training in clinical and ethical
supervision, which may include course work, continuing education courses, workshops,
or a combination thereof.
new text end

new text begin Subd. 4. new text end

new text begin Supervised practice requirements for licensure. new text end

new text begin (a) The content of
supervision must include:
new text end

new text begin (1) knowledge, skills, values, and ethics with specific application to the practice
issues faced by the supervisee, including the core functions in section 148F.010,
subdivision 10;
new text end

new text begin (2) the standards of practice and ethical conduct, with particular emphasis given to
the counselor's role and appropriate responsibilities, professional boundaries, and power
dynamics; and
new text end

new text begin (3) the supervisee's permissible scope of practice, as defined in section 148F.010,
subdivision 19.
new text end

new text begin (b) The supervision must be obtained at the rate of one hour of supervision per 40
hours of professional practice, for a total of 50 hours of supervision. The supervision must
be evenly distributed over the course of the supervised professional practice. At least 75
percent of the required supervision hours must be received in person. The remaining 25
percent of the required hours may be received by telephone or by audio or audiovisual
electronic device. At least 50 percent of the required hours of supervision must be received
on an individual basis. The remaining 50 percent may be received in a group setting.
new text end

new text begin (c) The supervision must be completed in no fewer than 12 consecutive months
and no more than 36 consecutive months.
new text end

new text begin (d) The applicant shall include with an application for licensure a verification of
completion of the 2,000 hours of supervised professional practice. Verification must be
on a form specified by the board. The supervisor shall verify that the supervisee has
completed the required hours of supervision according to this section. The supervised
practice required under this section is unacceptable if the supervisor attests that the
supervisee's performance, competence, or adherence to the standards of practice and
ethical conduct has been unsatisfactory.
new text end

Sec. 9.

new text begin [148F.045] ALCOHOL AND DRUG COUNSELOR TECHNICIAN.
new text end

new text begin An alcohol and drug counselor technician may perform the screening intake and
orientation services described in section 148F.010, subdivision 19, clauses (1), (2), and
(3), while under the direct supervision of a licensed alcohol and drug counselor.
new text end

Sec. 10.

new text begin [148F.050] LICENSE RENEWAL REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Biennial renewal. new text end

new text begin A license must be renewed every two years.
new text end

new text begin Subd. 2. new text end

new text begin License renewal notice. new text end

new text begin At least 60 calendar days before the renewal
deadline date, the board shall mail a renewal notice to the licensee's last known address
on file with the board. The notice must include instructions for accessing an online
application for license renewal, the renewal deadline, and notice of fees required for
renewal. The licensee's failure to receive notice does not relieve the licensee of the
obligation to meet the renewal deadline and other requirements for license renewal.
new text end

new text begin Subd. 3. new text end

new text begin Renewal requirements. new text end

new text begin (a) To renew a license, a licensee must submit to
the board:
new text end

new text begin (1) a completed, signed, and notarized application for license renewal;
new text end

new text begin (2) the renewal fee required under section 148F.115, subdivision 2; and
new text end

new text begin (3) evidence satisfactory to the board that the licensee has completed 40 clock
hours of continuing education during the preceding two year renewal period that meet the
requirements of section 148F.075.
new text end

new text begin (b) The application must be postmarked or received by the board by the end of the
day on which the license expires or the following business day if the expiration date
falls on a Saturday, Sunday, or holiday. An application which is not completed, signed,
notarized, or which is not accompanied by the correct fee, is void and must be returned
to the licensee.
new text end

new text begin Subd. 4. new text end

new text begin Pending renewal. new text end

new text begin If a licensee's application for license renewal is
postmarked or received by the board by the end of the business day on the expiration date
of the license, the licensee may continue to practice after the expiration date while the
application for license renewal is pending with the board.
new text end

new text begin Subd. 5. new text end

new text begin Late renewal fee. new text end

new text begin If the application for license renewal is postmarked or
received after the expiration date, the licensee shall pay a late fee as specified by section
148F.115, subdivision 5, clause (1), in addition to the renewal fee, before the application
for license renewal will be considered by the board.
new text end

Sec. 11.

new text begin [148F.055] EXPIRED LICENSE.
new text end

new text begin Subdivision 1. new text end

new text begin Expiration of license. new text end

new text begin A licensee who fails to submit an application
for license renewal, or whose application for license renewal is not postmarked or received
by the board as required, is not authorized to practice after the expiration date and is
subject to disciplinary action by the board for any practice after the expiration date.
new text end

new text begin Subd. 2. new text end

new text begin Termination for nonrenewal. new text end

new text begin (a) Within 30 days after the renewal date, a
licensee who has not renewed the license shall be notified by letter sent to the last known
address of the licensee in the board's file that the renewal is overdue and that failure to
pay the current fee and current late fee within 60 days after the renewal date will result in
termination of the license.
new text end

new text begin (b) The board shall terminate the license of a licensee whose license renewal is at
least 60 days overdue and to whom notification has been sent as provided in paragraph
(a). Failure of a licensee to receive notification is not grounds for later challenge of the
termination. The former licensee shall be notified of the termination by letter within seven
days after the board action, in the same manner as provided in paragraph (a).
new text end

Sec. 12.

new text begin [148F.060] VOLUNTARY TERMINATION.
new text end

new text begin A license may be voluntarily terminated by the licensee at any time upon written
notification to the board, unless a complaint is pending against the licensee. The
notification must be received by the board prior to termination of the license for failure to
renew. A former licensee may be licensed again only after complying with the relicensure
following termination requirements under section 148F.065. For purposes of this section,
the board retains jurisdiction over any licensee whose license has been voluntarily
terminated and against whom the board receives a complaint for conduct occurring during
the period of licensure.
new text end

Sec. 13.

new text begin [148F.065] RELICENSURE FOLLOWING TERMINATION.
new text end

new text begin Subdivision 1. new text end

new text begin Relicensure. new text end

new text begin For a period of two years, a former licensee whose
license has been voluntarily terminated or terminated for nonrenewal as provided in
section 148F.055, subdivision 2, may be relicensed by completing an application for
relicensure, paying the applicable fee, and verifying that the former licensee has not
engaged in the practice of alcohol and drug counseling in this state since the date of
termination. The verification must be accompanied by a notarized affirmation that the
statement is true and correct to the best knowledge and belief of the former licensee.
new text end

new text begin Subd. 2. new text end

new text begin Continuing education for relicensure. new text end

new text begin A former licensee seeking
relicensure after license termination must provide evidence of having completed at least
20 hours of continuing education activities for each year, or portion thereof, that the
former licensee did not hold a license.
new text end

new text begin Subd. 3. new text end

new text begin Cancellation of license. new text end

new text begin The board shall not renew, reissue, reinstate,
or restore the license of a former licensee which was terminated for nonrenewal, or
voluntarily terminated, and for which relicensure was not sought for more than two years
from the date the license was terminated for nonrenewal, or voluntarily terminated. A
former licensee seeking relicensure after this two-year period must obtain a new license
by applying for licensure and fulfilling all requirements then in existence for an initial
license to practice alcohol and drug counseling in Minnesota.
new text end

Sec. 14.

new text begin [148F.070] INACTIVE LICENSE STATUS.
new text end

new text begin Subdivision 1. new text end

new text begin Request for inactive status. new text end

new text begin Unless a complaint is pending against
the licensee, a licensee whose license is in good standing may request, in writing, that the
license be placed on the inactive list. If a complaint is pending against a licensee, a license
may not be placed on the inactive list until action relating to the complaint is concluded.
The board must receive the request for inactive status before expiration of the license, or
the person must pay the late fee. A licensee may renew a license that is inactive under this
subdivision by meeting the renewal requirements of subdivision 2. A licensee must not
practice alcohol and drug counseling while the license is inactive.
new text end

new text begin Subd. 2. new text end

new text begin Renewal of inactive license. new text end

new text begin A licensee whose license is inactive must
renew the inactive status by the inactive status expiration date determined by the board,
or the license will expire. An application for renewal of inactive status must include
evidence satisfactory to the board that the licensee has completed 40 clock hours of
continuing education required in section 148F.075. Late renewal of inactive status must be
accompanied by a late fee as required in section 148F.115, subdivision 5, paragraph (2).
new text end

Sec. 15.

new text begin [148F.075] CONTINUING EDUCATION REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin (a) The purpose of mandatory continuing education is to
promote the professional development of alcohol and drug counselors so that the services
they provide promote the health and well-being of clients who receive services.
new text end

new text begin (b) Continued professional growth and maintaining competence in providing alcohol
and drug counseling services are the ethical responsibilities of each licensee.
new text end

new text begin Subd. 2. new text end

new text begin Requirement. new text end

new text begin Every two years, all licensees must complete a minimum of
40 clock hours of continuing education activities that meet the requirements in this section.
The 40 clock hours shall include a minimum of nine clock hours on human diversity, and a
minimum of three clock hours on professional ethics. A licensee may be given credit only
for activities that directly relate to the practice of alcohol and drug counseling.
new text end

new text begin Subd. 3. new text end

new text begin Standards for approval. new text end

new text begin In order to obtain clock hour credit for a
continuing education activity, the activity must:
new text end

new text begin (1) constitute an organized program of learning;
new text end

new text begin (2) reasonably be expected to advance the knowledge and skills of the alcohol
and drug counselor;
new text end

new text begin (3) pertain to subjects that directly relate to the practice of alcohol and drug
counseling;
new text end

new text begin (4) be conducted by individuals who have education, training, and experience and
are knowledgeable about the subject matter; and
new text end

new text begin (5) be presented by a sponsor who has a system to verify participation and maintains
attendance records for three years, unless the sponsor provides dated evidence to each
participant with the number of clock hours awarded.
new text end

new text begin Subd. 4. new text end

new text begin Qualifying activities. new text end

new text begin Clock hours may be earned through the following:
new text end

new text begin (1) attendance at educational programs of annual conferences, lectures, panel
discussions, workshops, in-service training, seminars, and symposia;
new text end

new text begin (2) successful completion of college or university courses offered by a regionally
accredited school or education program, if not being taken in order to meet the educational
requirements for licensure under this chapter. The licensee must obtain a grade of at least
a "C" or its equivalent or a pass in a pass/fail course in order to receive the following
continuing education credits:
new text end

new text begin (i) one semester credit equals 15 clock hours;
new text end

new text begin (ii) one trimester credit equals 12 clock hours;
new text end

new text begin (iii) one quarter credit equals 10 clock hours;
new text end

new text begin (3) successful completion of home study or online courses offered by an accredited
school or education program and that require a licensee to demonstrate knowledge
following completion of the course;
new text end

new text begin (4) teaching a course at a regionally accredited institution of higher education. To
qualify for continuing education credit, the course must directly relate to the practice of
alcohol and drug counseling, as determined by the board. Continuing education hours may
be earned only for the first time the licensee teaches the course. Ten continuing education
hours may be earned for each semester credit hour taught; or
new text end

new text begin (5) presentations at workshops, seminars, symposia, meetings of professional
organizations, in-service trainings, or postgraduate institutes. The presentation must be
related to alcohol and drug counseling. A presenter may claim one hour of continuing
education for each hour of presentation time. A presenter may also receive continuing
education hours for development time at the rate of three hours for each hour of
presentation time. Continuing education hours may be earned only for the licensee's
first presentation on the subject developed.
new text end

new text begin Subd. 5. new text end

new text begin Activities not qualifying for continuing education clock hours.
new text end

new text begin Approval shall not be given for courses that do not do meet the requirements of this
section or are limited to the following:
new text end

new text begin (1) any subject contrary to the rules of professional conduct;
new text end

new text begin (2) supervision of personnel;
new text end

new text begin (3) entertainment or recreational activities;
new text end

new text begin (4) employment orientation sessions;
new text end

new text begin (5) policy meetings;
new text end

new text begin (6) marketing;
new text end

new text begin (7) business;
new text end

new text begin (8) first aid, CPR, and similar training classes; and
new text end

new text begin (9) training related to payment systems, including covered services, coding, and
billing.
new text end

new text begin Subd. 6. new text end

new text begin Documentation of reporting compliance. new text end

new text begin (a) When the licensee applies
for renewal of the license, the licensee must complete and submit an affidavit of continuing
education compliance showing that the licensee has completed a minimum of 40 approved
continuing education clock hours since the last renewal. Failure to submit the affidavit
when required makes the licensee's renewal application incomplete and void.
new text end

new text begin (b) All licensees shall retain original documentation of completion of continuing
education hours for a period of five years. For purposes of compliance with this section, a
receipt for payment of the fee for the course is not sufficient evidence of completion of the
required hours of continuing education. Information retained shall include:
new text end

new text begin (1) the continuing education activity title;
new text end

new text begin (2) a brief description of the continuing education activity;
new text end

new text begin (3) the sponsor, presenter, or author;
new text end

new text begin (4) the location and the dates attended;
new text end

new text begin (5) the number of clock hours; and
new text end

new text begin (6) the certificate of attendance, if applicable.
new text end

new text begin (c) Only continuing education obtained during the two-year reporting period may be
considered at the time of reporting.
new text end

new text begin Subd. 7. new text end

new text begin Continuing education audit. new text end

new text begin (a) At the time of renewal, the board may
randomly audit a percentage of its licensees for compliance with continuing education
requirements.
new text end

new text begin (b) The board shall mail a notice to a licensee selected for an audit of continuing
education hours. The notice must include the reporting periods selected for audit.
new text end

new text begin (c) Selected licensees shall submit copies of the original documentation of completed
continuing education hours. Upon specific request, the licensee shall submit original
documentation. Failure to submit required documentation shall result in the renewal
application being considered incomplete and void and constitute grounds for nonrenewal
of the license and disciplinary action.
new text end

new text begin Subd. 8. new text end

new text begin Variance of continuing education requirements. new text end

new text begin (a) If a licensee is
unable to meet the continuing education requirements by the renewal date, the licensee
may request a time-limited variance to fulfill the requirements after the renewal date. A
licensee seeking a variance is considered to be renewing late and is subject to the late
renewal fee, regardless of when the request is received or whether the variance is granted.
new text end

new text begin (b) The licensee shall submit the variance request on a form designated by the board,
include the variance fee subject to section 14.056, subdivision 2, and the late fee for
license renewal under section 148F.115. The variance request is subject to the criteria for
rule variances in section 14.055, subdivision 4, and must include a written plan listing
the activities offered to meet the requirement. Hours completed after the renewal date
pursuant to the written plan count toward meeting only the requirements of the previous
renewal period.
new text end

new text begin (c) A variance granted under this subdivision expires six months after the license
renewal date. A licensee who is granted a variance but fails to complete the required
continuing education within the six-month period may apply for a second variance
according to this subdivision.
new text end

new text begin (d) If an initial variance request is denied, the license of the licensee shall not be
renewed until the licensee completes the continuing education requirements. If an initial
variance is granted, and the licensee fails to complete the required continuing education
within the six-month period, the license shall be administratively suspended until the
licensee completes the required continuing education, unless the licensee has obtained a
second variance according to paragraph (c).
new text end

Sec. 16.

new text begin [148F.080] SPONSOR'S APPLICATION FOR APPROVAL.
new text end

new text begin Subdivision 1. new text end

new text begin Content. new text end

new text begin Individuals, organizations, associations, corporations,
educational institutions, or groups intending to offer continuing education activities for
approval must submit to the board the sponsor application fee and a completed application
for approval on a form provided by the board. The sponsor must comply with the
following to receive and maintain approval:
new text end

new text begin (1) submit the application for approval at least 60 days before the activity is
scheduled to begin; and
new text end

new text begin (2) include the following information in the application for approval to enable the
board to determine whether the activity complies with section 148F.075:
new text end

new text begin (i) a statement of the objectives of the activity and the knowledge the participants
will have gained upon completion of the activity;
new text end

new text begin (ii) a description of the content and methodology of the activity which will allow the
participants to meet the objectives;
new text end

new text begin (iii) a description of the method the participants will use to evaluate the activity;
new text end

new text begin (iv) a list of the qualifications of each instructor or developer that shows the
instructor's or developer's current knowledge and skill in the activity's subject;
new text end

new text begin (v) a description of the certificate or other form of verification of attendance
distributed to each participant upon successful completion of the activity;
new text end

new text begin (vi) the sponsor's agreement to retain attendance lists for a period of five years
from the date of the activity; and
new text end

new text begin (vii) a copy of any proposed advertisement or other promotional literature.
new text end

new text begin Subd. 2. new text end

new text begin Approval expiration. new text end

new text begin If the board approves an activity it shall assign the
activity a number. The approval remains in effect for one year from the date of initial
approval. Upon expiration, a sponsor must submit a new application for activity approval
to the board as required by subdivision 1.
new text end

new text begin Subd. 3. new text end

new text begin Statement of board approval. new text end

new text begin Each sponsor of an approved activity shall
include in any promotional literature a statement that "This activity has been approved by
the Minnesota Board of Behavioral Health and Therapy for ... hours of credit."
new text end

new text begin Subd. 4. new text end

new text begin Changes. new text end

new text begin The activity sponsor must submit proposed changes in an
approved activity to the board for its approval.
new text end

new text begin Subd. 5. new text end

new text begin Denial of approval. new text end

new text begin The board shall not approve an activity if it does not
meet the continuing education requirements in section 148F.075. The board shall notify
the sponsor in writing of its reasons for denial.
new text end

new text begin Subd. 6. new text end

new text begin Revocation of approval. new text end

new text begin The board shall revoke its approval of an activity
if a sponsor falsifies information contained in its application for approval, or if a sponsor
fails to notify the board of changes to an approved activity as required in subdivision 4.
new text end

Sec. 17.

new text begin [148F.085] NONTRANSFERABILITY OF LICENSES.
new text end

new text begin An alcohol and drug counselor license is not transferable.
new text end

Sec. 18.

new text begin [148F.090] DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.
new text end

new text begin Subdivision 1. new text end

new text begin Grounds. new text end

new text begin The board may impose disciplinary action as described
in subdivision 2 against an applicant or licensee whom the board, by a preponderance of
the evidence, determines:
new text end

new text begin (1) has violated a statute, rule, or order that the board issued or is empowered to
enforce;
new text end

new text begin (2) has engaged in fraudulent, deceptive, or dishonest conduct, whether or not the
conduct relates to the practice of licensed alcohol and drug counseling that adversely
affects the person's ability or fitness to practice alcohol and drug counseling;
new text end

new text begin (3) has engaged in unprofessional conduct or any other conduct which has the
potential for causing harm to the public, including any departure from or failure to
conform to the minimum standards of acceptable and prevailing practice without actual
injury having to be established;
new text end

new text begin (4) has been convicted of or has pled guilty or nolo contendere to a felony or other
crime, an element of which is dishonesty or fraud, or has been shown to have engaged
in acts or practices tending to show that the applicant or licensee is incompetent or has
engaged in conduct reflecting adversely on the applicant's or licensee's ability or fitness
to engage in the practice of alcohol and drug counseling;
new text end

new text begin (5) has employed fraud or deception in obtaining or renewing a license, or in
passing an examination;
new text end

new text begin (6) has had any license, certificate, registration, privilege to take an examination,
or other similar authority denied, revoked, suspended, canceled, limited, or not renewed
for cause in any jurisdiction or has surrendered or voluntarily terminated a license or
certificate during a board investigation of a complaint, as part of a disciplinary order, or
while under a disciplinary order;
new text end

new text begin (7) has failed to meet any requirement for the issuance or renewal of the person's
license. The burden of proof is on the applicant or licensee to demonstrate the
qualifications or satisfy the requirements for a license under chapter 148F;
new text end

new text begin (8) has failed to cooperate with an investigation by the board;
new text end

new text begin (9) has demonstrated an inability to practice alcohol and drug counseling with
reasonable skill and safety as a result of illness, use of alcohol, drugs, chemicals, or any
other materials, or as a result of any mental, physical, or psychological condition;
new text end

new text begin (10) has engaged in conduct with a client that is sexual or may reasonably be
interpreted by the client as sexual, or in any verbal behavior that is seductive or sexually
demeaning to a client;
new text end

new text begin (11) has been subject to a corrective action or similar, nondisciplinary action in
another jurisdiction or by another regulatory authority;
new text end

new text begin (12) has been adjudicated as mentally incompetent, mentally ill, or developmentally
disabled or as a chemically dependent person, a person dangerous to the public, a sexually
dangerous person, or a person who has a sexual psychopathic personality by a court
of competent jurisdiction within this state or an equivalent adjudication from another
state. Adjudication automatically suspends a license for the duration thereof unless the
board orders otherwise;
new text end

new text begin (13) fails to comply with a client's request for health records made under sections
144.291 to 144.298, or to furnish a client record or report required by law;
new text end

new text begin (14) has engaged in abusive or fraudulent billing practices, including violations of
the federal Medicare and Medicaid laws or state medical assistance laws; or
new text end

new text begin (15) has engaged in fee splitting. This clause does not apply to the distribution
of revenues from a partnership, group practice, nonprofit corporation, or professional
corporation to its partners, shareholders, members, or employees if the revenues consist
only of fees for services performed by the licensee or under a licensee's administrative
authority. Fee splitting includes, but is not limited to:
new text end

new text begin (i) dividing fees with another person or a professional corporation, unless the
division is in proportion to the services provided and the responsibility assumed by
each professional;
new text end

new text begin (ii) referring a client to any health care provider as defined in sections 144.291 to
144.298 in which the referring licensee has a significant financial interest, unless the
licensee has disclosed in advance to the client the licensee's own financial interest; or
new text end

new text begin (iii) paying, offering to pay, receiving, or agreeing to receive a commission, rebate,
or remuneration, directly or indirectly, primarily for the referral of clients.
new text end

new text begin Subd. 2. new text end

new text begin Forms of disciplinary action. new text end

new text begin If grounds for disciplinary action exist
under subdivision 1, the board may take one or more of the following actions;
new text end

new text begin (1) refuse to grant or renew a license;
new text end

new text begin (2) revoke a license;
new text end

new text begin (3) suspend a license;
new text end

new text begin (4) impose limitations or conditions on a licensee's practice of alcohol and drug
counseling, including, but not limited to, limiting the scope of practice to designated
competencies, imposing retraining or rehabilitation requirements, requiring the licensee to
practice under supervision, or conditioning continued practice on the demonstration of
knowledge or skill by appropriate examination or other review of skill and competence;
new text end

new text begin (5) censure or reprimand the licensee;
new text end

new text begin (6) impose a civil penalty not exceeding $10,000 for each separate violation,
the amount of the civil penalty to be fixed so as to deprive the applicant or licensee
of any economic advantage gained by reason of the violation charged, to discourage
similar violations or to reimburse the board for the cost of the investigation and
proceeding, including, but not limited to, fees paid for services provided by the Office of
Administrative Hearings, legal and investigative services provided by the Office of the
Attorney General, court reporters, witnesses, reproduction of records, board members' per
diem compensation, board staff time, and travel costs and expenses incurred by board staff
and board members; or
new text end

new text begin (7) any other action justified by the case.
new text end

new text begin Subd. 3. new text end

new text begin Evidence. new text end

new text begin In disciplinary actions alleging violations of subdivision 1,
clause (4), (12), or (14), a copy of the judgment or proceedings under the seal of the court
administrator or of the administrative agency that entered the judgment or proceeding
is admissible into evidence without further authentication and constitutes prima facie
evidence of its contents.
new text end

new text begin Subd. 4. new text end

new text begin Temporary suspension. new text end

new text begin (a) In addition to any other remedy provided by
law, the board may issue an order to temporarily suspend the credentials of a licensee after
conducting a preliminary inquiry to determine if the board reasonably believes that the
licensee has violated a statute or rule that the board is empowered to enforce and whether
continued practice by the licensee would create an imminent risk of harm to others.
new text end

new text begin (b) The order may prohibit the licensee from engaging in the practice of alcohol
and drug counseling in whole or in part and may condition the end of a suspension on
the licensee's compliance with a statute, rule, or order that the board has issued or is
empowered to enforce.
new text end

new text begin (c) The order shall give notice of the right to a hearing according to this subdivision
and shall state the reasons for the entry of the order.
new text end

new text begin (d) Service of the order is effective when the order is served on the licensee
personally or by certified mail, which is complete upon receipt, refusal, or return for
nondelivery to the most recent address of the licensee provided to the board.
new text end

new text begin (e) At the time the board issues a temporary suspension order, the board shall
schedule a hearing to be held before its own members. The hearing shall begin no later
than 60 days after issuance of the temporary suspension order or within 15 working
days of the date of the board's receipt of a request for hearing by a licensee, on the sole
issue of whether there is a reasonable basis to continue, modify, or lift the temporary
suspension. The hearing is not subject to chapter 14. Evidence presented by the board
or the licensee shall be in affidavit form only. The licensee or counsel of record may
appear for oral argument.
new text end

new text begin (f) Within five working days of the hearing, the board shall issue its order and, if the
suspension is continued, schedule a contested case hearing within 30 days of the issuance
of the order. Notwithstanding chapter 14, the administrative law judge shall issue a report
within 30 days after closing the contested case hearing record. The board shall issue a
final order within 30 days of receipt of the administrative law judge's report.
new text end

new text begin Subd. 5. new text end

new text begin Automatic suspension. new text end

new text begin (a) The right to practice is automatically
suspended when:
new text end

new text begin (1) a guardian of an alcohol and drug counselor is appointed by order of a district
court under sections 524.5-101 to 524.5-502; or
new text end

new text begin (2) the counselor is committed by order of a district court under chapter 253B.
new text end

new text begin (b) The right to practice remains suspended until the counselor is restored to capacity
by a court and, upon petition by the counselor, the suspension is terminated by the board
after a hearing or upon agreement between the board and the counselor.
new text end

new text begin Subd. 6. new text end

new text begin Mental, physical, or chemical health evaluation. new text end

new text begin (a) If the board has
probable cause to believe that an applicant or licensee is unable to practice alcohol and
drug counseling with reasonable skill and safety due to a mental or physical illness or
condition, the board may direct the individual to submit to a mental, physical, or chemical
dependency examination or evaluation.
new text end

new text begin (1) For the purposes of this section, every licensee and applicant is deemed to
have consented to submit to a mental, physical, or chemical dependency examination or
evaluation when directed in writing by the board and to have waived all objections to the
admissibility of the examining professionals' testimony or examination reports on the
grounds that the testimony or examination reports constitute a privileged communication.
new text end

new text begin (2) Failure of a licensee or applicant to submit to an examination when directed by
the board constitutes an admission of the allegations against the person, unless the failure
was due to circumstances beyond the person's control, in which case a default and final
order may be entered without the taking of testimony or presentation of evidence.
new text end

new text begin (3) A licensee or applicant affected under this subdivision shall at reasonable
intervals be given an opportunity to demonstrate that the licensee or applicant can resume
the competent practice of licensed alcohol and drug counseling with reasonable skill
and safety to the public.
new text end

new text begin (4) In any proceeding under this subdivision, neither the record of proceedings
nor the orders entered by the board shall be used against the licensee or applicant in
any other proceeding.
new text end

new text begin (b) In addition to ordering a physical or mental examination, the board may,
notwithstanding section 13.384 or 144.651, or any other law limiting access to medical
or other health data, obtain medical data and health records relating to a licensee or
applicant without the licensee's or applicant's consent if the board has probable cause to
believe that subdivision 1, clause (9), applies to the licensee or applicant. The medical
data may be requested from:
new text end

new text begin (1) a provider, as defined in section 144.291, subdivision 2, paragraph (h);
new text end

new text begin (2) an insurance company; or
new text end

new text begin (3) a government agency, including the Department of Human Services.
new text end

new text begin (c) A provider, insurance company, or government agency must comply with any
written request of the board under this subdivision and is not liable in any action for
damages for releasing the data requested by the board if the data are released pursuant to a
written request under this subdivision, unless the information is false and the provider
giving the information knew, or had reason to believe, the information was false.
new text end

new text begin (d) Information obtained under this subdivision is classified as private under sections
13.01 to 13.87.
new text end

Sec. 19.

new text begin [148F.095] ADDITIONAL REMEDIES.
new text end

new text begin Subdivision 1. new text end

new text begin Cease and desist. new text end

new text begin (a) The board may issue a cease and desist order
to stop a person from violating or threatening to violate a statute, rule, or order which the
board has issued or has authority to enforce. The cease and desist order must state the
reason for its issuance and give notice of the person's right to request a hearing under
sections 14.57 to 14.62. If, within 15 days of service of the order, the subject of the order
fails to request a hearing in writing, the order is the final order of the board and is not
reviewable by a court or agency.
new text end

new text begin (b) A hearing must be initiated by the board not later than 30 days from the date
of the board's receipt of a written hearing request. Within 30 days of receipt of the
administrative law judge's report, and any written agreement or exceptions filed by the
parties, the board shall issue a final order modifying, vacating, or making permanent the
cease and desist order as the facts require. The final order remains in effect until modified
or vacated by the board.
new text end

new text begin (c) When a request for a stay accompanies a timely hearing request, the board may,
in the board's discretion, grant the stay. If the board does not grant a requested stay, the
board shall refer the request to the Office of Administrative Hearings within three working
days of receipt of the request. Within ten days after receiving the request from the board,
an administrative law judge shall issue a recommendation to grant or deny the stay. The
board shall grant or deny the stay within five working days of receiving the administrative
law judge's recommendation.
new text end

new text begin (d) In the event of noncompliance with a cease and desist order, the board may
institute a proceeding in district court to obtain injunctive relief or other appropriate
relief, including a civil penalty payable to the board, not to exceed $10,000 for each
separate violation.
new text end

new text begin Subd. 2. new text end

new text begin Injunctive relief. new text end

new text begin In addition to any other remedy provided by law,
including the issuance of a cease and desist order under subdivision 1, the board may in
the board's own name bring an action in district court for injunctive relief to restrain an
alcohol and drug counselor from a violation or threatened violation of any statute, rule, or
order which the board has authority to administer, enforce, or issue.
new text end

new text begin Subd. 3. new text end

new text begin Additional powers. new text end

new text begin The issuance of a cease and desist order or injunctive
relief granted under this section does not relieve a counselor from criminal prosecution by
a competent authority or from disciplinary action by the board.
new text end

Sec. 20.

new text begin [148F.100] COOPERATION.
new text end

new text begin An alcohol and drug counselor who is the subject of an investigation, or who
is questioned in connection with an investigation, by or on behalf of the board, shall
cooperate fully with the investigation. Cooperation includes responding fully to any
question raised by or on behalf of the board relating to the subject of the investigation,
whether tape recorded or not. Challenges to requests of the board may be brought before
the appropriate agency or court.
new text end

Sec. 21.

new text begin [148F.105] PROHIBITED PRACTICE OR USE OF TITLES; PENALTY.
new text end

new text begin Subdivision 1. new text end

new text begin Practice. new text end

new text begin No person shall engage in alcohol and drug counseling
without first being licensed under this chapter as an alcohol and drug counselor. For
purposes of this chapter, an individual engages in the practice of alcohol and drug
counseling if the individual performs or offers to perform alcohol and drug counseling
services as defined in section 148F.010, subdivision 18, or if the individual is held out as
able to perform those services.
new text end

new text begin Subd. 2. new text end

new text begin Use of titles. new text end

new text begin (a) No individual shall present themselves or any other
individual to the public by any title incorporating the words "licensed alcohol and drug
counselor," "alcohol and drug counselor," or otherwise hold themselves out to the public
by any title or description stating or implying that they are licensed or otherwise qualified
to practice alcohol and drug counseling, unless that individual holds a valid license.
new text end

new text begin (b) An individual issued a temporary permit must use titles consistent with section
148F.035, subdivisions 1 and 2, paragraph (c), clause (3).
new text end

new text begin (c) An individual who is participating in an alcohol and drug counseling practicum
for purposes of licensure by the board may be designated an "alcohol and drug counselor
intern."
new text end

new text begin (d) Individuals who are trained in alcohol and drug counseling and employed by an
educational institution recognized by a regional accrediting organization, by a federal,
state, county, or local government institution, by agencies, or research facilities, may
represent themselves by the titles designated by that organization provided the title does
not indicate the individual is licensed by the board.
new text end

new text begin Subd. 3. new text end

new text begin Penalty. new text end

new text begin A person who violates sections 148F.001 to 148F.205 is guilty
of a misdemeanor.
new text end

Sec. 22.

new text begin [148F.110] EXCEPTIONS TO LICENSE REQUIREMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Other professionals. new text end

new text begin (a) Nothing in this chapter prevents members
of other professions or occupations from performing functions for which they are qualified
or licensed. This exception includes, but is not limited to: licensed physicians; registered
nurses; licensed practical nurses; licensed psychologists and licensed psychological
practitioners; members of the clergy provided such services are provided within the scope
of regular ministries; American Indian medicine men and women; licensed attorneys;
probation officers; licensed marriage and family therapists; licensed social workers; social
workers employed by city, county, or state agencies; licensed professional counselors;
licensed professional clinical counselors; licensed school counselors; registered
occupational therapists or occupational therapy assistants; Upper Midwest Indian Council
on Addictive Disorders (UMICAD) certified counselors when providing services to Native
American people; city, county, or state employees when providing assessments or case
management under Minnesota Rules, chapter 9530; and individuals providing integrated
dual-diagnosis treatment in adult mental health rehabilitative programs certified by the
Department of Human Services under section 256B.0622 or 256B.0623.
new text end

new text begin (b) Nothing in this chapter prohibits technicians and resident managers in programs
licensed by the Department of Human Services from discharging their duties as provided
in Minnesota Rules, chapter 9530.
new text end

new text begin (c) Any person who is exempt from licensure under this section must not use a
title incorporating the words "alcohol and drug counselor" or "licensed alcohol and drug
counselor" or otherwise hold themselves out to the public by any title or description
stating or implying that they are engaged in the practice of alcohol and drug counseling, or
that they are licensed to engage in the practice of alcohol and drug counseling, unless that
person is also licensed as an alcohol and drug counselor. Persons engaged in the practice
of alcohol and drug counseling are not exempt from the board's jurisdiction solely by the
use of one of the titles in paragraph (a).
new text end

new text begin Subd. 2. new text end

new text begin Students. new text end

new text begin Nothing in sections 148F.001 to 148F.110 shall prevent students
enrolled in an accredited school of alcohol and drug counseling from engaging in the
practice of alcohol and drug counseling while under qualified supervision in an accredited
school of alcohol and drug counseling.
new text end

new text begin Subd. 3. new text end

new text begin Federally recognized tribes. new text end

new text begin Alcohol and drug counselors practicing
alcohol and drug counseling according to standards established by federally recognized
tribes, while practicing under tribal jurisdiction, are exempt from the requirements of this
chapter. In practicing alcohol and drug counseling under tribal jurisdiction, individuals
practicing under that authority shall be afforded the same rights, responsibilities, and
recognition as persons licensed under this chapter.
new text end

Sec. 23.

new text begin [148F.115] FEES.
new text end

new text begin Subdivision 1. new text end

new text begin Application fee. new text end

new text begin The application fee is $295.
new text end

new text begin Subd. 2. new text end

new text begin Biennial renewal fee. new text end

new text begin The license renewal fee is $295. If the board
establishes a renewal schedule, and the scheduled renewal date is less than two years,
the fee may be prorated.
new text end

new text begin Subd. 3. new text end

new text begin Temporary permit fee. new text end

new text begin Temporary permit fees are as follows:
new text end

new text begin (1) initial application fee is $100; and
new text end

new text begin (2) annual renewal fee is $150. If the initial term is less or more than one year,
the fee may be prorated.
new text end

new text begin Subd. 4. new text end

new text begin Inactive license renewal fee. new text end

new text begin The inactive license renewal fee is $150.
new text end

new text begin Subd. 5. new text end

new text begin Late fees. new text end

new text begin Late fees are as follows:
new text end

new text begin (1) biennial renewal late fee is $74;
new text end

new text begin (2) inactive license renewal late fee is $37; and
new text end

new text begin (3) annual temporary permit late fee is $37.
new text end

new text begin Subd. 6. new text end

new text begin Fee to renew after expiration of license. new text end

new text begin The fee for renewal of a license
that has been expired for less than two years is the total of the biennial renewal fee in
effect at the time of late renewal and the late fee.
new text end

new text begin Subd. 7. new text end

new text begin Fee for license verification. new text end

new text begin The fee for license verification is $25.
new text end

new text begin Subd. 8. new text end

new text begin Surcharge fee. new text end

new text begin Notwithstanding section 16A.1285, subdivision 2, a
surcharge of $99 shall be paid at the time of initial application for or renewal of an alcohol
and drug counselor license until June 30, 2013.
new text end

new text begin Subd. 9. new text end

new text begin Sponsor application fee. new text end

new text begin The fee for a sponsor application for approval
of a continuing education course is $60.
new text end

new text begin Subd. 10. new text end

new text begin Order or stipulation fee. new text end

new text begin The fee for a copy of a board order or
stipulation is $10.
new text end

new text begin Subd. 11. new text end

new text begin Duplicate certificate fee. new text end

new text begin The fee for a duplicate certificate is $25.
new text end

new text begin Subd. 12. new text end

new text begin Supervisor application processing fee. new text end

new text begin The fee for licensure supervisor
application processing is $30.
new text end

new text begin Subd. 13. new text end

new text begin Nonrefundable fees. new text end

new text begin All fees in this section are nonrefundable.
new text end

Sec. 24.

new text begin [148F.120] CONDUCT.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin Sections 148F.120 to 148F.205 apply to the conduct of all
alcohol and drug counselors, licensees, and applicants, including conduct during the
period of education, training, and employment that is required for licensure.
new text end

new text begin Subd. 2. new text end

new text begin Purpose. new text end

new text begin Sections 148F.120 to 148F.205 constitute the standards by which
the professional conduct of alcohol and drug counselors is measured.
new text end

new text begin Subd. 3. new text end

new text begin Violations. new text end

new text begin A violation of sections 148F.120 to 148F.205 is unprofessional
conduct and constitutes grounds for disciplinary action, corrective action, or denial of
licensure.
new text end

new text begin Subd. 4. new text end

new text begin Conflict with organizational demands. new text end

new text begin If the organizational policies at
the provider's work setting conflict with any provision in sections 148F.120 to 148F.205,
the provider shall discuss the nature of the conflict with the employer, make known the
requirement to comply with these sections of law, and attempt to resolve the conflict
in a manner that does not violate the law.
new text end

Sec. 25.

new text begin [148F.125] COMPETENT PROVISION OF SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Limits on practice. new text end

new text begin Alcohol and drug counselors shall limit their
practice to the client populations and services for which they have competence or for
which they are developing competence.
new text end

new text begin Subd. 2. new text end

new text begin Developing competence. new text end

new text begin When an alcohol and drug counselor is
developing competence in a service, method, procedure, or to treat a specific client
population, the alcohol and drug counselor shall obtain professional education, training,
continuing education, consultation, supervision, or experience, or a combination thereof,
necessary to demonstrate competence.
new text end

new text begin Subd. 3. new text end

new text begin Experimental, emerging, or innovative services. new text end

new text begin Alcohol and drug
counselors may offer experimental services, methods, or procedures competently and
in a manner that protects clients from harm. However, when doing so, they have a
heightened responsibility to understand and communicate the potential risks to clients, to
use reasonable skill and safety, and to undertake appropriate preparation as required in
subdivision 2.
new text end

new text begin Subd. 4. new text end

new text begin Limitations. new text end

new text begin Alcohol and drug counselors shall recognize the limitations
to the scope of practice of alcohol and drug counseling. When the needs of clients appear
to be outside their scope of practice, providers shall inform the clients that there may be
other professional, technical, community, and administrative resources available to them.
Providers shall assist with identifying resources when it is in the best interests of clients to
be provided with alternative or complementary services.
new text end

new text begin Subd. 5. new text end

new text begin Burden of proof. new text end

new text begin Whenever a complaint is submitted to the board
involving a violation of this section, the burden of proof is on the provider to demonstrate
that the elements of competence have reasonably been met.
new text end

Sec. 26.

new text begin [148F.130] PROTECTING CLIENT PRIVACY.
new text end

new text begin Subdivision 1. new text end

new text begin Protecting private information. new text end

new text begin The provider shall safeguard
private information obtained in the course of the practice of alcohol and drug counseling.
Private information may be disclosed to others only according to section 148F.135, or
with certain exceptions as specified in subdivisions 2 to 13.
new text end

new text begin Subd. 2. new text end

new text begin Duty to warn; limitation on liability. new text end

new text begin Private information may be
disclosed without the consent of the client when a duty to warn arises, or as otherwise
provided by law or court order. The duty to warn of, or take reasonable precautions to
provide protection from, violent behavior arises only when a client or other person has
communicated to the provider a specific, serious threat of physical violence to self or a
specific, clearly identified or identifiable potential victim. If a duty to warn arises, the duty
is discharged by the provider if reasonable efforts are made to communicate the threat to
law enforcement agencies, the potential victim, the family of the client, or appropriate
third parties who are in a position to prevent or avert the harm. No monetary liability
and no cause of action or disciplinary action by the board may arise against a provider
for disclosure of confidences to third parties, for failure to disclose confidences to third
parties, or for erroneous disclosure of confidences to third parties in a good faith effort to
warn against or take precautions against a client's violent behavior or threat of suicide.
new text end

new text begin Subd. 3. new text end

new text begin Services to group clients. new text end

new text begin Whenever alcohol and drug counseling
services are provided to group clients, the provider shall initially inform each client of the
provider's responsibility and each client's individual responsibility to treat any information
gained in the course of rendering the services as private information, including any
limitations to each client's right to privacy.
new text end

new text begin Subd. 4. new text end

new text begin Obtaining collateral information. new text end

new text begin Prior to obtaining collateral
information about a client from other individuals, the provider shall obtain consent from
the client unless the consent is not required by law or court order, and shall inform the
other individuals that the information obtained may become part of the client's records and
may therefore be accessed or released by the client, unless prohibited by law. For purposes
of this subdivision, "other individual" means any individual, except for credentialed health
care providers acting in their professional capacities, who participates adjunctively in
the provision of services to a client. Examples of other individuals include, but are not
limited to, family members, friends, coworkers, day care workers, guardian ad litems,
foster parents, or school personnel.
new text end

new text begin Subd. 5. new text end

new text begin Minor clients. new text end

new text begin At the beginning of a professional relationship, the provider
shall inform a minor client that the law imposes limitations on the right of privacy of the
minor with respect to the minor's communications with the provider. This requirement is
waived when the minor cannot reasonably be expected to understand the privacy statement.
new text end

new text begin Subd. 6. new text end

new text begin Limited access to client records. new text end

new text begin The provider shall limit access to client
records. The provider shall make reasonable efforts to inform individuals associated
with the provider's agency or facility, such as staff members, students, volunteers, or
community aides, that access to client records, regardless of their format, is limited only to
the provider with whom the client has a professional relationship, an individual associated
with the agency or facility whose duties require access, or individuals authorized to have
access by the written informed consent of the client.
new text end

new text begin Subd. 7. new text end

new text begin Billing statements for services. new text end

new text begin The provider shall comply with the
privacy wishes of clients regarding to whom and where statements for services are to be
sent.
new text end

new text begin Subd. 8. new text end

new text begin Case reports. new text end

new text begin The identification of the client shall be reasonably disguised
in case reports or other clinical materials used in teaching, presentations, professional
meetings, or publications.
new text end

new text begin Subd. 9. new text end

new text begin Observation and recording. new text end

new text begin Diagnostic interviews or therapeutic sessions
with a client may be observed or electronically recorded only with the client's written
informed consent.
new text end

new text begin Subd. 10. new text end

new text begin Continued protection of client information. new text end

new text begin The provider shall maintain
the privacy of client data indefinitely after the professional relationship has ended.
new text end

new text begin Subd. 11. new text end

new text begin Court-ordered or other mandated disclosures. new text end

new text begin The proper disclosure
of private client data upon a court order or to conform with state or federal law shall not be
considered a violation of sections 148F.120 to 148F.205.
new text end

new text begin Subd. 12. new text end

new text begin Abuse or neglect of minor or vulnerable adults. new text end

new text begin An applicant or
licensee must comply with the reporting of maltreatment of minors established in section
626.556 and the reporting of maltreatment of vulnerable adults established in section
626.557.
new text end

new text begin Subd. 13. new text end

new text begin Initial contacts. new text end

new text begin When an individual initially contacts a provider
regarding alcohol and drug counseling services, the provider or another individual
designated by the provider may, with oral consent from the potential client, contact third
parties to determine payment or benefits information, arrange for precertification of
services when required by the individual's health plan, or acknowledge a referral from
another health care professional.
new text end

Sec. 27.

new text begin [148F.135] PRIVATE INFORMATION; ACCESS AND RELEASE.
new text end

new text begin Subdivision 1. new text end

new text begin Client right to access and release private information. new text end

new text begin A client
has the right to access and release private information maintained by the provider,
including client records as provided in Minnesota Statutes, sections 144.291 to 144.298,
relating to the provider's counseling services to that client, except as otherwise provided
by law or court order.
new text end

new text begin Subd. 2. new text end

new text begin Release of private information. new text end

new text begin (a) When a client makes a request for
the provider to release the client's private information, the request must be in writing
and signed by the client. Informed consent is not required. When the request involves
client records, all pertinent information shall be released in compliance with sections
144.291 to 144.298.
new text end

new text begin (b) If the provider initiates the request to release the client's private information,
written authorization for the release of information must be obtained from the client
and must include, at a minimum:
new text end

new text begin (1) the name of the client;
new text end

new text begin (2) the name of the individual or entity providing the information;
new text end

new text begin (3) the name of the individual or entity to which the release is made;
new text end

new text begin (4) the types of information to be released, such as progress notes, diagnoses,
assessment data, or other specific information;
new text end

new text begin (5) the purpose of the release, such as whether the release is to coordinate
professional care with another provider, to obtain insurance payment for services, or for
other specified purposes;
new text end

new text begin (6) the time period covered by the consent;
new text end

new text begin (7) a statement that the consent is valid for one year, except as otherwise allowed by
statute, or for a lesser period that is specified in the consent;
new text end

new text begin (8) a declaration that the individual signing the statement has been told of and
understands the nature and purpose of the authorized release;
new text end

new text begin (9) a statement that the consent may be rescinded, except to the extent that the
consent has already been acted upon or that the right to rescind consent has been waived
separately in writing;
new text end

new text begin (10) the signature of the client or the client's legally authorized representative, whose
relationship to the client must be stated; and
new text end

new text begin (11) the date on which the consent is signed.
new text end

new text begin Subd. 3. new text end

new text begin Group client records. new text end

new text begin Whenever counseling services are provided to
group clients, each client has the right to access or release only that information in the
records that the client has provided directly or has authorized other sources to provide,
unless otherwise directed by law or court order. Upon a request by one client to access or
release group client records, that information in the records that has not been provided
directly or by authorization of the requesting client must be redacted unless written
authorization to disclose this information has been obtained from the other clients.
new text end

new text begin Subd. 4. new text end

new text begin Board investigation. new text end

new text begin The board shall be allowed access to any records of
a client provided services by an applicant or licensee who is under investigation. If the
client has not signed a consent permitting access to the client's records, the applicant or
licensee must delete any data that identifies the client before providing them to the board.
The board shall maintain any records as investigative data pursuant to chapter 13.
new text end

Sec. 28.

new text begin [148F.140] INFORMED CONSENT.
new text end

new text begin Subdivision 1. new text end

new text begin Obtaining informed consent for services. new text end

new text begin The provider shall obtain
informed consent from the client before initiating services. The informed consent must be
in writing, signed by the client, and include the following, at a minimum:
new text end

new text begin (1) authorization for the provider to engage in an activity which directly affects
the client;
new text end

new text begin (2) the goals, purposes, and procedures of the proposed services;
new text end

new text begin (3) the factors that may impact the duration of the service;
new text end

new text begin (4) the applicable fee schedule;
new text end

new text begin (5) the limits to the client's privacy, including but not limited to the provider's duty
to warn pursuant to section 148F.130, subdivision 2;
new text end

new text begin (6) the provider's responsibilities if the client terminates the service;
new text end

new text begin (7) the significant risks and benefits of the service, including whether the service
may affect the client's legal or other interests;
new text end

new text begin (8) the provider's responsibilities under section 148F.125, subdivision 3, if the
proposed service, method, or procedure is of an experimental, emerging, or innovative
nature; and
new text end

new text begin (9) if applicable, information that the provider is developing competence in the
proposed service, method, or procedure, and alternatives to the proposed service, if any.
new text end

new text begin Subd. 2. new text end

new text begin Updating informed consent. new text end

new text begin If there is a substantial change in the nature
or purpose of a service, the provider must obtain a new informed consent from the client.
new text end

new text begin Subd. 3. new text end

new text begin Emergency or crisis services. new text end

new text begin Informed consent is not required when
a provider is providing emergency or crisis services. If services continue after the
emergency or crisis has abated, informed consent must be obtained.
new text end

Sec. 29.

new text begin [148F.145] TERMINATION OF SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Right to terminate services. new text end

new text begin Either the client or the provider may
terminate the professional relationship unless prohibited by law or court order.
new text end

new text begin Subd. 2. new text end

new text begin Mandatory termination of services. new text end

new text begin The provider shall promptly
terminate services to a client whenever:
new text end

new text begin (1) the provider's objectivity or effectiveness is impaired, unless a resolution can be
achieved as permitted in section 148F.155, subdivision 2; or
new text end

new text begin (2) the client would be harmed by further services.
new text end

new text begin Subd. 3. new text end

new text begin Notification of termination. new text end

new text begin When the provider initiates a termination
of professional services, the provider shall inform the client either orally or in writing.
This requirement shall not apply when the termination is due to the successful completion
of a predefined service such as an assessment, or if the client terminates the professional
relationship.
new text end

new text begin Subd. 4. new text end

new text begin Recommendation upon termination. new text end

new text begin (a) Upon termination of counseling
services, the provider shall make a recommendation for alcohol and drug counseling
services if requested by the client or if the provider believes the services are needed by
the client.
new text end

new text begin (b) A recommendation for alcohol and drug counseling services is not required if
the professional service provided is limited to an alcohol and drug assessment and a
recommendation for continued services is not requested.
new text end

new text begin Subd. 5. new text end

new text begin Absence from practice. new text end

new text begin Nothing in this section requires the provider to
terminate a client due to an absence from practice that is the result of a period of illness
or injury that does not affect the provider's ability to practice with reasonable skill and
safety, as long as arrangements have been made for temporary counseling services that
may be needed by the client during the provider's absence.
new text end

Sec. 30.

new text begin [148F.150] RECORD KEEPING.
new text end

new text begin Subdivision 1. new text end

new text begin Record-keeping requirements. new text end

new text begin Providers must maintain accurate
and legible client records. Records must include, at a minimum:
new text end

new text begin (1) an accurate chronological listing of all substantive contacts with the client;
new text end

new text begin (2) documentation of services, including:
new text end

new text begin (i) assessment methods, data, and reports;
new text end

new text begin (ii) an initial treatment plan and any revisions to the plan;
new text end

new text begin (iii) the name of the individual providing services;
new text end

new text begin (iv) the name and credentials of the individual who is professionally responsible
for the services provided;
new text end

new text begin (v) case notes for each date of service, including interventions;
new text end

new text begin (vi) consultations with collateral sources;
new text end

new text begin (vii) diagnoses or presenting problems; and
new text end

new text begin (viii) documentation that informed consent was obtained, including written informed
consent documents;
new text end

new text begin (3) copies of all correspondence relevant to the client;
new text end

new text begin (4) a client personal data sheet;
new text end

new text begin (5) copies of all client authorizations for release of information;
new text end

new text begin (6) an accurate chronological listing of all fees charged, if any, to the client or
a third party payer; and
new text end

new text begin (7) any other documents pertaining to the client.
new text end

new text begin Subd. 2. new text end

new text begin Duplicate records. new text end

new text begin If the client records containing the documentation
required by subdivision 1 are maintained by the agency, clinic, or other facility where the
provider renders services, the provider is not required to maintain duplicate records of
client information.
new text end

new text begin Subd. 3. new text end

new text begin Record retention. new text end

new text begin The provider shall retain a client's record for a minimum
of seven years after the date of the provider's last professional service to the client, except
as otherwise provided by law. If the client is a minor, the record retention period does not
begin until the client reaches the age of 18, except as otherwise provided by law.
new text end

Sec. 31.

new text begin [148F.155] IMPAIRED OBJECTIVITY OR EFFECTIVENESS.
new text end

new text begin Subdivision 1. new text end

new text begin Situations involving impaired objectivity or effectiveness. new text end

new text begin (a) An
alcohol and drug counselor must not provide alcohol and drug counseling services to a
client or potential client when the counselor's objectivity or effectiveness is impaired.
new text end

new text begin (b) The provider shall not provide alcohol and drug counseling services to a client
if doing so would create a multiple relationship. For purposes of this section, "multiple
relationship" means one that is both professional and:
new text end

new text begin (1) cohabitational;
new text end

new text begin (2) familial;
new text end

new text begin (3) one in which there has been personal involvement with the client or family
member of the client that is reasonably likely to adversely affect the client's welfare or
ability to benefit from services; or
new text end

new text begin (4) one in which there is significant financial involvement other than legitimate
payment for professional services rendered that is reasonably likely to adversely affect the
client's welfare or ability to benefit from services.
new text end

new text begin If an unforeseen multiple relationship arises after services have been initiated, the
provider shall promptly terminate the professional relationship.
new text end

new text begin (c) The provider shall not provide alcohol and drug counseling services to a client
who is also the provider's student or supervisee. If an unforeseen situation arises in which
both types of services are required or requested by the client or a third party, the provider
shall decline to provide the services.
new text end

new text begin (d) The provider shall not provide alcohol and drug counseling services to a client
when the provider is biased for or against the client for any reason that interferes with the
provider's impartial judgment, including where the client is a member of a class legally
protected from discrimination. The provider may provide services if the provider is
working to resolve the impairment in the manner required under subdivision 2.
new text end

new text begin (e) The provider shall not provide alcohol and drug counseling services to a client
when there is a fundamental divergence or conflict of service goals, interests, values,
or attitudes between the client and the provider that adversely affects the professional
relationship. The provider may provide services if the provider is working to resolve the
impairment in the manner required under subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Resolution of impaired objectivity or effectiveness. new text end

new text begin (a) When an
impairment occurs that is listed in subdivision 1, paragraph (d) or (e), the provider may
provide services only if the provider actively pursues resolution of the impairment and is
able to do so in a manner that results in minimal adverse effects on the client or potential
client.
new text end

new text begin (b) If the provider attempts to resolve the impairment, it must be by means of
professional education, training, continuing education, consultation, psychotherapy,
intervention, supervision, or discussion with the client or potential client, or an appropriate
combination thereof.
new text end

Sec. 32.

new text begin [148F.160] PROVIDER IMPAIRMENT.
new text end

new text begin The provider shall not provide counseling services to clients when the provider is
unable to provide services with reasonable skill and safety as a result of a physical or
mental illness or condition, including, but not limited to, substance abuse or dependence.
During the period the provider is unable to practice with reasonable skill and safety, the
provider shall either promptly terminate the professional relationship with all clients or
shall make arrangements for other alcohol and drug counselors to provide temporary
services during the provider's absence.
new text end

Sec. 33.

new text begin [148F.165] CLIENT WELFARE.
new text end

new text begin Subdivision 1. new text end

new text begin Explanation of procedures. new text end

new text begin A client has the right to have, and a
counselor has the responsibility to provide, a nontechnical explanation of the nature and
purpose of the counseling procedures to be used and the results of tests administered to the
client. The counselor shall establish procedures to be followed if the explanation is to be
provided by another individual under the direction of the counselor.
new text end

new text begin Subd. 2. new text end

new text begin Clients' bill of rights. new text end

new text begin The client bill of rights required by section 144.652,
shall be prominently displayed on the premises of the professional practice or provided
as a handout to each client. The document must state that consumers of alcohol and
drug counseling services have the right to:
new text end

new text begin (1) expect that the provider meets the minimum qualifications of training and
experience required by state law;
new text end

new text begin (2) examine public records maintained by the Board of Behavioral Health and
Therapy that contain the credentials of the provider;
new text end

new text begin (3) report complaints to the Board of Behavioral Health and Therapy;
new text end

new text begin (4) be informed of the cost of professional services before receiving the services;
new text end

new text begin (5) privacy as defined and limited by law and rule;
new text end

new text begin (6) be free from being the object of unlawful discrimination while receiving
counseling services;
new text end

new text begin (7) have access to their records as provided in sections 144.92 and 148F.135,
subdivision 1, except as otherwise provided by law;
new text end

new text begin (8) be free from exploitation for the benefit or advantage of the provider;
new text end

new text begin (9) terminate services at any time, except as otherwise provided by law or court
order;
new text end

new text begin (10) know the intended recipients of assessment results;
new text end

new text begin (11) withdraw consent to release assessment results, unless the right is prohibited by
law or court order or was waived by prior written agreement;
new text end

new text begin (12) a nontechnical description of assessment procedures; and
new text end

new text begin (13) a nontechnical explanation and interpretation of assessment results, unless this
right is prohibited by law or court order or was waived by prior written agreement.
new text end

new text begin Subd. 3. new text end

new text begin Stereotyping. new text end

new text begin The provider shall treat the client as an individual and
not impose on the client any stereotypes of behavior, values, or roles related to human
diversity.
new text end

new text begin Subd. 4. new text end

new text begin Misuse of client relationship. new text end

new text begin The provider shall not misuse the
relationship with a client due to a relationship with another individual or entity.
new text end

new text begin Subd. 5. new text end

new text begin Exploitation of client. new text end

new text begin The provider shall not exploit the professional
relationship with a client for the provider's emotional, financial, sexual, or personal
advantage or benefit. This prohibition extends to former clients who are vulnerable or
dependent on the provider.
new text end

new text begin Subd. 6. new text end

new text begin Sexual behavior with client. new text end

new text begin A provider shall not engage in any sexual
behavior with a client including:
new text end

new text begin (1) sexual contact, as defined in section 604.20, subdivision 7; or
new text end

new text begin (2) any physical, verbal, written, interactive, or electronic communication, conduct,
or act that may be reasonably interpreted to be sexually seductive, demeaning, or
harassing to the client.
new text end

new text begin Subd. 7. new text end

new text begin Sexual behavior with a former client. new text end

new text begin A provider shall not engage in any
sexual behavior as described in subdivision 6 within the two-year period following the
date of the last counseling service to a former client. This prohibition applies whether or
not the provider has formally terminated the professional relationship. This prohibition
extends indefinitely for a former client who is vulnerable or dependent on the provider.
new text end

new text begin Subd. 8. new text end

new text begin Preferences and options for treatment. new text end

new text begin A provider shall disclose to the
client the provider's preferences for choice of treatment or outcome and shall present other
options for the consideration or choice of the client.
new text end

new text begin Subd. 9. new text end

new text begin Referrals. new text end

new text begin A provider shall make a prompt and appropriate referral of the
client to another professional when requested to make a referral by the client.
new text end

Sec. 34.

new text begin [148F.170] WELFARE OF STUDENTS, SUPERVISEES, AND
RESEARCH SUBJECTS.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin Due to the evaluative, supervisory, or other authority that
providers who teach, evaluate, supervise, or conduct research have over their students,
supervisees, or research subjects, they shall protect the welfare of these individuals.
new text end

new text begin Subd. 2. new text end

new text begin Student, supervisee, and research subject protections. new text end

new text begin To protect the
welfare of their students, supervisees, or research subjects, providers shall not:
new text end

new text begin (1) discriminate on the basis of race, ethnicity, national origin, religious affiliation,
language, age, gender, physical disabilities, mental capabilities, sexual orientation or
identity, marital status, or socioeconomic status;
new text end

new text begin (2) exploit or misuse the professional relationship for the emotional, financial,
sexual, or personal advantage or benefit of the provider or another individual or entity;
new text end

new text begin (3) engage in any sexual behavior with a current student, supervisee, or research
subject, including sexual contact, as defined in section 604.20, subdivision 7, or any
physical, verbal, written, interactive, or electronic communication, conduct, or act that
may be reasonably interpreted to be sexually seductive, demeaning, or harassing. Nothing
in this part shall prohibit a provider from engaging in teaching or research with an
individual with whom the provider has a preexisting and ongoing sexual relationship;
new text end

new text begin (4) engage in any behavior likely to be deceptive or fraudulent;
new text end

new text begin (5) disclose evaluative information except for legitimate professional or scientific
purposes; or
new text end

new text begin (6) engage in any other unprofessional conduct.
new text end

Sec. 35.

new text begin [148F.175] MEDICAL AND OTHER HEALTH CARE
CONSIDERATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Coordinating services with other health care professionals.
new text end

new text begin Upon initiating services, the provider shall inquire whether the client has a preexisting
relationship with another health care professional. If the client has such a relationship,
and it is relevant to the provider's services to the client, the provider shall, to the extent
possible and consistent with the wishes and best interests of the client, coordinate services
for the client with the other health care professional. This requirement does not apply if
brief crisis intervention services are provided.
new text end

new text begin Subd. 2. new text end

new text begin Reviewing health care information. new text end

new text begin If the provider determines that a
client's preexisting relationship with another health care professional is relevant to the
provider's services to the client, the provider shall, to the extent possible and consistent
with the wishes and best interests of the client, review this information with the treating
health care professional.
new text end

new text begin Subd. 3. new text end

new text begin Relevant medical conditions. new text end

new text begin If the provider believes that a client's
psychological condition may have medical etiology or consequence, the provider shall,
within the limits of the provider's competence, discuss this with the client and offer to
assist in identifying medical resources for the client.
new text end

Sec. 36.

new text begin [148F.180] ASSESSMENTS; TESTS; REPORTS.
new text end

new text begin Subdivision 1. new text end

new text begin Assessments. new text end

new text begin Providers who conduct assessments of individuals
shall base their assessments on records, information, observations, and techniques
sufficient to substantiate their findings. They shall render opinions only after they
have conducted an examination of the individual adequate to support their statements
or conclusions, unless an examination is not practical despite reasonable efforts. An
assessment may be limited to reviewing records or providing testing services when an
individual examination is not necessary for the opinion requested.
new text end

new text begin Subd. 2. new text end

new text begin Tests. new text end

new text begin Providers may administer and interpret tests within the scope of the
counselor's training, skill, and competence.
new text end

new text begin Subd. 3. new text end

new text begin Reports. new text end

new text begin Written and oral reports, including testimony as an expert
witness and letters to third parties concerning a client, must be based on information and
techniques sufficient to substantiate their findings. Reports must include:
new text end

new text begin (1) a description of all assessments, evaluations, or other procedures, including
materials reviewed, which serve as a basis for the provider's conclusions;
new text end

new text begin (2) reservations or qualifications concerning the validity or reliability of the opinions
and conclusions formulated and recommendations made;
new text end

new text begin (3) a statement concerning any discrepancy, disagreement, or inconsistent or
conflicting information regarding the circumstances of the case that may have a bearing on
the provider's conclusions;
new text end

new text begin (4) a statement of the nature of and reason for the use of a test that is administered,
recorded, scored, or interpreted in other than a standard and objective manner; and
new text end

new text begin (5) a statement indicating when test interpretations or report conclusions are not
based on direct contact between the client and the provider.
new text end

new text begin Subd. 4. new text end

new text begin Private information. new text end

new text begin Test results and interpretations regarding an
individual are private information.
new text end

Sec. 37.

new text begin [148F.185] PUBLIC STATEMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Prohibition against false or misleading information. new text end

new text begin Public
statements by providers must not include false or misleading information. Providers shall
not solicit or use testimonials by quotation or implication from current clients or former
clients who are vulnerable to undue influence. The provider shall make reasonable efforts
to ensure that public statements by others on behalf of the provider are truthful and shall
make reasonable remedial efforts to bring a public statement into compliance with sections
148F.120 to 148F.205 when the provider becomes aware of a violation.
new text end

new text begin Subd. 2. new text end

new text begin Misrepresentation. new text end

new text begin The provider shall not misrepresent directly or
by implication professional qualifications including education, training, experience,
competence, credentials, or areas of specialization. The provider shall not misrepresent,
directly or by implication, professional affiliations or the purposes and characteristics of
institutions and organizations with which the provider is professionally associated.
new text end

new text begin Subd. 3. new text end

new text begin Use of specialty board designation. new text end

new text begin Providers may represent themselves
as having an area of specialization from a specialty board, such as a designation as a
diplomate or fellow, if the specialty board used, at a minimum, the following criteria to
award such a designation:
new text end

new text begin (1) specified educational requirements defined by the specialty board;
new text end

new text begin (2) specified experience requirements defined by the specialty board;
new text end

new text begin (3) a work product evaluated by other specialty board members; and
new text end

new text begin (4) a face-to-face examination by a committee of specialty board members or a
comprehensive written examination in the area of specialization.
new text end

Sec. 38.

new text begin [148F.190] FEES; STATEMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Disclosure. new text end

new text begin The provider shall disclose the fees for professional
services to a client before providing services.
new text end

new text begin Subd. 2. new text end

new text begin Itemized statement. new text end

new text begin The provider shall itemize fees for all services for
which the client or a third party is billed and make the itemized statement available to
the client. The statement shall identify the date the service was provided, the nature of
the service, the name of the individual who provided the service, and the name of the
individual who is professionally responsible for the service.
new text end

new text begin Subd. 3. new text end

new text begin Representation of billed services. new text end

new text begin The provider shall not directly or by
implication misrepresent to the client or to a third party billed for services the nature or the
extent of the services provided.
new text end

new text begin Subd. 4. new text end

new text begin Claiming fees. new text end

new text begin The provider shall not claim a fee for counseling services
unless the provider is either the direct provider of the services or is clinically responsible
for providing the services and under whose supervision the services were provided.
new text end

new text begin Subd. 5. new text end

new text begin Referrals. new text end

new text begin No commission, rebate, or other form of remuneration may be
given or received by a provider for the referral of clients for counseling services.
new text end

Sec. 39.

new text begin [148F.195] AIDING AND ABETTING UNLICENSED PRACTICE.
new text end

new text begin A provider shall not aid or abet an unlicensed individual to engage in the practice of
alcohol and drug counseling. A provider who supervises a student as part of an alcohol
and drug counseling practicum is not in violation of this section. Properly qualified
individuals who administer and score testing instruments under the direction of a provider
who maintains responsibility for the service are not considered in violation of this section.
new text end

Sec. 40.

new text begin [148F.200] VIOLATION OF LAW.
new text end

new text begin A provider shall not violate any law in which the facts giving rise to the violation
involve the practice of alcohol and drug counseling as defined in sections 148F.001 to
148F.205. In any board proceeding alleging a violation of this section, the proof of a
conviction of a crime constitutes proof of the underlying factual elements necessary to
that conviction.
new text end

Sec. 41.

new text begin [148F.205] COMPLAINTS TO BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Mandatory reporting requirements. new text end

new text begin A provider is required to file a
complaint when the provider knows or has reason to believe that another provider:
new text end

new text begin (1) is unable to practice with reasonable skill and safety as a result of a physical or
mental illness or condition, including, but not limited to, substance abuse or dependence,
except that this mandated reporting requirement is deemed fulfilled by a report made to
the Health Professionals Services Program (HPSP) as provided by Minnesota Statutes,
section 214.33, subdivision 1;
new text end

new text begin (2) is engaging in or has engaged in sexual behavior with a client or former client in
violation of section 148F.165, subdivision 6 or 7;
new text end

new text begin (3) has failed to report abuse or neglect of children or vulnerable adults in violation
of section 626.556 or 626.557; or
new text end

new text begin (4) has employed fraud or deception in obtaining or renewing an alcohol and drug
counseling license.
new text end

new text begin Subd. 2. new text end

new text begin Optional reporting requirements. new text end

new text begin Other than conduct listed in
subdivision 1, a provider who has reason to believe that the conduct of another provider
appears to be in violation of sections 148F.001 to 148F.205 may file a complaint with
the board.
new text end

new text begin Subd. 3. new text end

new text begin Institutions. new text end

new text begin A state agency, political subdivision, agency of a local unit
of government, private agency, hospital, clinic, prepaid medical plan, or other health
care institution or organization located in this state shall report to the board any action
taken by the agency, institution, or organization or any of its administrators or medical
or other committees to revoke, suspend, restrict, or condition an alcohol and drug
counselor's privilege to practice or treat patients or clients in the institution, or as part of
the organization, any denial of privileges, or any other disciplinary action for conduct that
might constitute grounds for disciplinary action by the board under sections 148F.001
to 148F.205. The institution, organization, or governmental entity shall also report the
resignation of any alcohol and drug counselors before the conclusion of any disciplinary
action proceeding for conduct that might constitute grounds for disciplinary action under
this chapter, or before the commencement of formal charges but after the practitioner had
knowledge that formal charges were contemplated or were being prepared.
new text end

new text begin Subd. 4. new text end

new text begin Professional societies. new text end

new text begin A state or local professional society for alcohol and
drug counselors shall report to the board any termination, revocation, or suspension of
membership or any other disciplinary action taken against an alcohol and drug counselor.
If the society has received a complaint that might be grounds for discipline under this
chapter against a member on which it has not taken any disciplinary action, the society
shall report the complaint and the reason why it has not taken action on it or shall direct
the complainant to the board.
new text end

new text begin Subd. 5. new text end

new text begin Insurers. new text end

new text begin Each insurer authorized to sell insurance described in section
60A.06, subdivision 1, clause (13), and providing professional liability insurance to
alcohol and drug counselors or the Medical Joint Underwriting Association under chapter
62F, shall submit to the board quarterly reports concerning the alcohol and drug counselors
against whom malpractice settlements and awards have been made. The report must
contain at least the following information:
new text end

new text begin (1) the total number of malpractice settlements or awards made;
new text end

new text begin (2) the date the malpractice settlements or awards were made;
new text end

new text begin (3) the allegations contained in the claim or complaint leading to the settlements or
awards made;
new text end

new text begin (4) the dollar amount of each settlement or award;
new text end

new text begin (5) the address of the practice of the alcohol and drug counselor against whom an
award was made or with whom a settlement was made; and
new text end

new text begin (6) the name of the alcohol and drug counselor against whom an award was made or
with whom a settlement was made. The insurance company shall, in addition to the above
information, submit to the board any information, records, and files, including clients'
charts and records, it possesses that tend to substantiate a charge that a licensed alcohol
and drug counselor may have engaged in conduct violating this chapter.
new text end

new text begin Subd. 6. new text end

new text begin Self-reporting. new text end

new text begin An alcohol and drug counselor shall report to the board
any personal action that would require that a report be filed with the board by any person,
health care facility, business, or organization under subdivisions 1 and 3 to 5. The alcohol
and drug counselor shall also report the revocation, suspension, restriction, limitation,
or other disciplinary action in this state and report the filing of charges regarding the
practitioner's license or right of practice in another state or jurisdiction.
new text end

new text begin Subd. 7. new text end

new text begin Permission to report. new text end

new text begin A person who has knowledge of any conduct
constituting grounds for disciplinary action relating to the practice of alcohol and drug
counseling under this chapter may report the violation to the board.
new text end

new text begin Subd. 8. new text end

new text begin Client complaints to the board. new text end

new text begin A provider shall, upon request, provide
information regarding the procedure for filing a complaint with the board and shall, upon
request, assist with filing a complaint. A provider shall not attempt to dissuade a client
from filing a complaint with the board, or require that the client waive the right to file a
complaint with the board as a condition for providing services.
new text end

new text begin Subd. 9. new text end

new text begin Deadlines; forms. new text end

new text begin Reports required by subdivisions 1 and 3 to 6 must be
submitted no later than 30 days after the reporter learns of the occurrence of the reportable
event or transaction. The board may provide forms for the submission of the reports
required by this section and may require that reports be submitted on the forms provided.
new text end

Sec. 42. new text begin REPORT; BOARD OF BEHAVIORAL HEALTH AND THERAPY.
new text end

new text begin (a) The Board of Behavioral Health and Therapy shall convene a working group
to evaluate the feasibility of a tiered licensure system for alcohol and drug counselors in
Minnesota. This evaluation shall include proposed scopes of practice for each tier, specific
degree and other education and examination requirements for each tier, the clinical
settings in which each tier of practitioner would be utilized, and any other issues the
board deems necessary.
new text end

new text begin (b) Members of the working group shall include, but not be limited to, members of
the board, licensed alcohol and drug counselors, alcohol and drug counselor temporary
permit holders, faculty members from two- and four-year education programs, professional
organizations, and employers.
new text end

new text begin (c) The board shall present its written report, including any proposed legislation, to
the chairs and ranking minority members of the legislative committees with jurisdiction
over health and human services no later than December 15, 2014.
new text end

new text begin (d) The working group is not subject to the provisions of Minnesota Statutes,
section 15.059.
new text end

Sec. 43. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Rules, parts 4747.0010; 4747.0020; 4747.0030; 4747.0040;
4747.0050; 4747.0060; 4747.0070, subparts 1, 2, 3, and 6; 4747.0200; 4747.0400, subpart
1; 4747.0700; 4747.0800; 4747.0900; 4747.1100, subparts 1, 2, 4, 5, 6, 7, 8, and 9;
4747.1400; and 4747.1500, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2010, sections 148C.01, subdivisions 1, 1a, 2, 2a, 2b, 2c,
2d, 2e, 2f, 2g, 4, 4a, 5, 7, 9, 10, 11, 11a, 12, 12a, 13, 14, 15, 16, 17, and 18; 148C.015;
148C.03, subdivisions 1 and 4; 148C.0351, subdivisions 1, 3, and 4; 148C.0355; 148C.04,
subdivisions 1, 2, 3, 4, 5a, 6, and 7; 148C.044; 148C.045; 148C.05; 148C.055; 148C.07;
148C.075; 148C.08; 148C.09, subdivisions 1, 1a, 2, and 4; 148C.091; 148C.093;
148C.095; 148C.099; 148C.10, subdivisions 1, 2, and 3; 148C.11; and 148C.12,
subdivisions 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15, new text end new text begin are repealed.
new text end