HF 1078

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health occupations; allowing the board of 
  1.3             social work to limit enforcement activities; setting 
  1.4             fees for social work licensure; establishing a 
  1.5             licensing surcharge; requiring reimbursement of 
  1.6             certain fees; amending Minnesota Statutes 2000, 
  1.7             sections 148B.20, subdivision 1; 148B.21, subdivision 
  1.8             2; and 148B.22, subdivision 1; proposing coding for 
  1.9             new law in Minnesota Statutes, chapter 148B; repealing 
  1.10            Minnesota Rules, part 8740.0290.  
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 2000, section 148B.20, 
  1.13  subdivision 1, is amended to read: 
  1.14     Subdivision 1.  [GENERAL.] The board of social work shall: 
  1.15     (a) Adopt and enforce rules for licensure of social workers 
  1.16  and for regulation of their professional conduct.  The rules 
  1.17  must be designed to protect the public. 
  1.18     (b) Adopt rules establishing standards and methods of 
  1.19  determining whether applicants and licensees are qualified under 
  1.20  sections 148B.21 to 148B.24.  The rules must make provision for 
  1.21  examinations and must establish standards for professional 
  1.22  conduct, including adoption of a code of professional ethics and 
  1.23  requirements for continuing education. 
  1.24     (c) Hold examinations at least twice a year to assess 
  1.25  applicants' knowledge and skills.  The examinations may be 
  1.26  written or oral and may be administered by the board or by a 
  1.27  body designated by the board.  Examinations must test the 
  1.28  knowledge and skills of each of the four groups of social 
  2.1   workers qualified under section 148B.21 to practice social work. 
  2.2   Examinations must minimize cultural bias and must be balanced in 
  2.3   theory. 
  2.4      (d) Issue licenses to individuals qualified under sections 
  2.5   148B.18 to 148B.24.  
  2.6      (e) Issue copies of the rules for licensure to all 
  2.7   applicants. 
  2.8      (f) Establish and implement procedures, including a 
  2.9   standard disciplinary process, to ensure that individuals 
  2.10  licensed as social workers will comply with the board's 
  2.11  rules.  The board may adjust its level of disciplinary and 
  2.12  enforcement activities under sections 148B.18 to 148B.289 as 
  2.13  necessary to ensure that anticipated expenditures for the board 
  2.14  for a fiscal biennium as closely as possible equal anticipated 
  2.15  revenues for that period. 
  2.16     (g) Establish, maintain, and publish annually a register of 
  2.17  current licensees. 
  2.18     (h) Educate the public about the existence and content of 
  2.19  the rules for social work licensing to enable consumers to file 
  2.20  complaints against licensees who may have violated the rules. 
  2.21     (i) Evaluate its rules in order to refine the standards for 
  2.22  licensing social workers and to improve the methods used to 
  2.23  enforce the board's standards. 
  2.24     Sec. 2.  Minnesota Statutes 2000, section 148B.21, 
  2.25  subdivision 2, is amended to read: 
  2.26     Subd. 2.  [FEE.] Each applicant shall pay a nonrefundable 
  2.27  fee set by the board under section 148B.211.  Fees paid to the 
  2.28  board shall be deposited in the state government special revenue 
  2.29  fund. 
  2.30     Sec. 3.  [148B.211] [FEES FOR LICENSURE, LICENSE RENEWAL, 
  2.31  INACTIVE STATUS.] 
  2.32     The following fees shall be paid to the board: 
  2.33     (1) application fee for licensure: 
  2.34     (i) for a licensed social worker or a licensed graduate 
  2.35  social worker, $45; 
  2.36     (ii) for a licensed independent social worker or a licensed 
  3.1   independent clinical social worker, $90; 
  3.2      (iii) for a reciprocity application for licensure at all 
  3.3   levels, $150; and 
  3.4      (iv) for a temporary permit application, $20; 
  3.5      (2) criminal background check fee, as determined by the 
  3.6   bureau of criminal apprehension; 
  3.7      (3) initial license fee, payable in addition to the 
  3.8   application fee for licensure: 
  3.9      (i) licensed social worker, $96.80; 
  3.10     (ii) licensed graduate social worker, $169.40; 
  3.11     (iii) licensed independent social worker, $254.10; 
  3.12     (iv) licensed independent clinical social worker, $278.30; 
  3.13  and 
  3.14     (v) temporary permit, $20; 
  3.15     (4) biennial license renewal fee: 
  3.16     (i) licensed social worker, $96.80; 
  3.17     (ii) licensed graduate social worker, $169.40; 
  3.18     (iii) licensed independent social worker, $254.10; and 
  3.19     (iv) licensed independent clinical social worker, $278.30; 
  3.20     (5) emeritus license fee, $43.20; 
  3.21     (6) duplicate license wall certificate, $30; 
  3.22     (7) inactive status fee: 
  3.23     (i) licensed social worker, $96.80; 
  3.24     (ii) licensed graduate social worker, $169.40; 
  3.25     (iii) licensed independent social worker, $254.10; and 
  3.26     (iv) licensed independent clinical social worker, $278.30; 
  3.27     (8) duplicate license card, $10; and 
  3.28     (9) late fee, one-half of the applicable license renewal 
  3.29  fee or inactive status fee. 
  3.30     Sec. 4.  Minnesota Statutes 2000, section 148B.22, 
  3.31  subdivision 1, is amended to read: 
  3.32     Subdivision 1.  [RENEWAL.] Licensees shall renew licenses 
  3.33  at the time and in the manner established by the rules of the 
  3.34  board, and shall pay a nonrefundable fee set under section 
  3.35  148B.211. 
  3.36     Sec. 5.  [ONE-TIME SURCHARGE; REIMBURSEMENT.] 
  4.1      Subdivision 1.  [SURCHARGE.] Notwithstanding Minnesota 
  4.2   Statutes, section 16A.1285, subdivision 2, a surcharge of 
  4.3   $....... shall be paid by applicants for licensure and 
  4.4   applicants for license renewal during fiscal years 2001 and 
  4.5   2002, to recover the accumulated direct expenditures of the 
  4.6   board of social work for administering this section and 
  4.7   Minnesota Statutes, sections 148B.18 to 148B.289. 
  4.8      Subd. 2.  [APPLICANTS FOR LICENSURE OR LICENSE RENEWAL 
  4.9   DURING FISCAL YEAR 2001.] (a) The board of social work shall: 
  4.10     (1) for each type of social work licensure identified in 
  4.11  Minnesota Statutes, section 148B.21, subdivision 1, compute the 
  4.12  difference between (i) the fee amount paid for applicants for 
  4.13  licensure or license renewal under Minnesota Rules, part 
  4.14  8740.0290, and (ii) the sum of the fee amount required under 
  4.15  Minnesota Statutes, section 148B.211, and the surcharge required 
  4.16  under subdivision 1; and 
  4.17     (2) reimburse the appropriate amount computed under clause 
  4.18  (1) to each applicant for licensure or license renewal during 
  4.19  fiscal year 2001 who, before the effective date of this section 
  4.20  and Minnesota Statutes, section 148B.211, paid the licensure or 
  4.21  license renewal fee established by the board under Minnesota 
  4.22  Rules, part 8740.0290. 
  4.23     (b) Reimbursement must be made within 30 days of the 
  4.24  effective date of this section. 
  4.25     Sec. 6.  [REVISOR INSTRUCTION.] 
  4.26     The revisor of statutes shall delete "part 8740.0290" in 
  4.27  Minnesota Rules, chapter 8740, and insert "Minnesota Statutes, 
  4.28  section 148B.211." 
  4.29     Sec. 7.  [REPEALER.] 
  4.30     Minnesota Rules, part 8740.0290, is repealed. 
  4.31     Sec. 8.  [EFFECTIVE DATE.] 
  4.32     Sections 1 to 5 and 7 are effective the day following final 
  4.33  enactment.