HF 1967

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; moving regulation of 
  1.3             social workers from the board of social work to the 
  1.4             commissioner of health; replacing the licensure system 
  1.5             for social work with a registration system; amending 
  1.6             Minnesota Statutes 2000, sections 148B.18, 
  1.7             subdivisions 2a, 3a, 10, 11, 12, by adding 
  1.8             subdivisions; 148B.185; 148B.20; 148B.21; 148B.215; 
  1.9             148B.22; 148B.24; 148B.25; 148B.26; 148B.27; 148B.281; 
  1.10            148B.282; 148B.283; 148B.284, subdivision 2; 148B.285; 
  1.11            148B.286; 148B.287; 148B.288; 148B.289; 214.01, 
  1.12            subdivision 2; proposing coding for new law in 
  1.13            Minnesota Statutes, chapter 148B; repealing Minnesota 
  1.14            Statutes 2000, sections 148B.18, subdivisions 3, 4a, 
  1.15            8, 9; 148B.19; 148B.28. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  Minnesota Statutes 2000, section 148B.18, 
  1.18  subdivision 2a, is amended to read: 
  1.19     Subd. 2a.  [APPLICANT.] "Applicant" means a person who has 
  1.20  submitted an application, with the appropriate fee, for 
  1.21  licensure by registration with the board commissioner. 
  1.22     Sec. 2.  Minnesota Statutes 2000, section 148B.18, 
  1.23  subdivision 3a, is amended to read: 
  1.24     Subd. 3a.  [CLIENT.] "Client" means an individual, couple, 
  1.25  family, group, organization, or community that receives, 
  1.26  received, or should have received services from an applicant or 
  1.27  a licensee registrant. 
  1.28     Sec. 3.  Minnesota Statutes 2000, section 148B.18, is 
  1.29  amended by adding a subdivision to read: 
  1.30     Subd. 3b.  [COMMISSIONER.] "Commissioner" means the 
  2.1   commissioner of health. 
  2.2      Sec. 4.  Minnesota Statutes 2000, section 148B.18, 
  2.3   subdivision 10, is amended to read: 
  2.4      Subd. 10.  [QUALIFIED MENTAL HEALTH PROFESSIONAL.] 
  2.5   "Qualified mental health professional" means a psychiatrist, 
  2.6   board-certified or eligible for board certification, and 
  2.7   licensed under chapter 147; a psychologist licensed under 
  2.8   sections 148.88 to 148.98; an independent clinical social worker 
  2.9   who has the qualifications in section 148B.21, subdivision 6; a 
  2.10  psychiatric registered nurse with a master's degree from an 
  2.11  accredited school of nursing, licensed under section 148.211, 
  2.12  with at least two years of post-master's supervised experience 
  2.13  in direct clinical practice; a marriage and family therapist who 
  2.14  is licensed under sections 148B.29 to 148B.39; or an equivalent 
  2.15  mental health professional, as determined by the board 
  2.16  commissioner, who is licensed or certified by a board or agency 
  2.17  in another state or territory. 
  2.18     Sec. 5.  Minnesota Statutes 2000, section 148B.18, is 
  2.19  amended by adding a subdivision to read: 
  2.20     Subd. 10a.  [REGISTRANT.] "Registrant" means a person who 
  2.21  meets the requirements of sections 148B.18 to 148B.289 and is 
  2.22  authorized by the commissioner to use a protected title. 
  2.23     Sec. 6.  Minnesota Statutes 2000, section 148B.18, 
  2.24  subdivision 11, is amended to read: 
  2.25     Subd. 11.  [SOCIAL WORK PRACTICE.] (a) "Social work 
  2.26  practice" is the application of social work theory, knowledge, 
  2.27  methods, and ethics to restore or enhance social, psychosocial, 
  2.28  or biopsychosocial functioning of individuals, couples, 
  2.29  families, groups, organizations, and communities, with 
  2.30  particular attention to the person-in-environment configuration. 
  2.31     (b) For all levels of licensure registration, social work 
  2.32  practice includes assessment, treatment planning and evaluation, 
  2.33  case management, information and referral, counseling, advocacy, 
  2.34  teaching, research, supervision, consultation, community 
  2.35  organization, and the development, implementation, and 
  2.36  administration of policies, programs, and activities. 
  3.1      (c) For persons licensed at the licensed independent 
  3.2   clinical social worker level, and for persons licensed at either 
  3.3   the licensed graduate social worker or the licensed independent 
  3.4   social worker level who practice social work under the 
  3.5   supervision of a licensed independent clinical social worker, 
  3.6   social work practice includes the diagnosis and treatment of 
  3.7   mental and emotional disorders in individuals, families, and 
  3.8   groups.  The treatment of mental and emotional disorders 
  3.9   includes the provision of individual, marital, and group 
  3.10  psychotherapy.  
  3.11     Sec. 7.  Minnesota Statutes 2000, section 148B.18, 
  3.12  subdivision 12, is amended to read: 
  3.13     Subd. 12.  [SUPERVISION.] "Supervision" means the direction 
  3.14  of social work practice in face-to-face sessions.  Further 
  3.15  standards for supervision shall be determined by the board of 
  3.16  social work commissioner.  Supervision shall be provided: 
  3.17     (1) by a social worker licensed registered at least at the 
  3.18  level of the worker being supervised and qualified under section 
  3.19  148B.21 to practice without supervision, except that a licensed 
  3.20  registered graduate social worker may supervise a licensed 
  3.21  registered social worker; or 
  3.22     (2) by another qualified professional or qualified mental 
  3.23  health professional when the board of social work commissioner 
  3.24  determines that supervision by a social worker as required in 
  3.25  clause (1) is unobtainable, or in other situations considered 
  3.26  appropriate by the board of social work commissioner. 
  3.27     Sec. 8.  Minnesota Statutes 2000, section 148B.185, is 
  3.28  amended to read: 
  3.29     148B.185 [APPLICABILITY.] 
  3.30     Sections 148B.18 to 148B.289 apply to all applicants and 
  3.31  licensees, to all persons practicing social work with clients in 
  3.32  this state, and to persons engaged in the unauthorized practice 
  3.33  of social work registrants and to persons who engage in the 
  3.34  unauthorized use of protected titles. 
  3.35     Sec. 9.  Minnesota Statutes 2000, section 148B.20, is 
  3.36  amended to read: 
  4.1      148B.20 [DUTIES OF THE BOARD.] 
  4.2      Subdivision 1.  [GENERAL.] The board of social work 
  4.3   commissioner shall: 
  4.4      (a) Adopt and enforce rules for licensure registration of 
  4.5   social workers and for regulation of their professional 
  4.6   conduct.  The rules must be designed to protect the public. 
  4.7      (b) Adopt rules establishing standards and methods of 
  4.8   determining whether applicants and licensees registrants are 
  4.9   qualified under sections 148B.21 to 148B.24.  The rules must 
  4.10  make provision for examinations and must establish standards for 
  4.11  professional conduct, including adoption of a code of 
  4.12  professional ethics and requirements for continuing education. 
  4.13     (c) Hold examinations at least twice a year to assess 
  4.14  applicants' knowledge and skills.  The examinations may be 
  4.15  written or oral and may be administered by the board 
  4.16  commissioner or by a body designated by the board commissioner.  
  4.17  Examinations must test the knowledge and skills of each of the 
  4.18  four groups of social workers qualified under section 148B.21 to 
  4.19  practice social work use protected titles.  Examinations must 
  4.20  minimize cultural bias and must be balanced in theory. 
  4.21     (d) Issue licenses registrations to individuals qualified 
  4.22  under sections 148B.18 to 148B.24.  
  4.23     (e) Issue copies of the rules for licensure registration to 
  4.24  all applicants. 
  4.25     (f) Establish and implement procedures, including a 
  4.26  standard disciplinary process, to ensure that individuals 
  4.27  licensed registered as social workers will comply with the 
  4.28  board's commissioner's rules. 
  4.29     (g) Establish, maintain, and publish annually a register of 
  4.30  current licensees registrants. 
  4.31     (h) Educate the public about the existence and content of 
  4.32  the rules for social work licensing registration to enable 
  4.33  consumers to file complaints against licensees registrants who 
  4.34  may have violated the rules. 
  4.35     (i) Evaluate its rules in order to refine the standards for 
  4.36  licensing registering social workers and to improve the methods 
  5.1   used to enforce the board's commissioner's standards. 
  5.2      Subd. 3.  [DUTIES OF THE BOARD COMMISSIONER.] The board 
  5.3   commissioner shall by rule establish fees, including late fees, 
  5.4   for licenses registrations and renewals so that the total fees 
  5.5   collected by the board commissioner will as closely as possible 
  5.6   equal anticipated expenditures during the fiscal biennium, as 
  5.7   provided in section 16A.1285.  Fees must be credited to accounts 
  5.8   in the special revenue fund. 
  5.9      Sec. 10.  Minnesota Statutes 2000, section 148B.21, is 
  5.10  amended to read: 
  5.11     148B.21 [REQUIREMENTS FOR LICENSURE REGISTRATION.] 
  5.12     Subdivision 1.  [CATEGORIES OF LICENSEES REGISTRANTS.] 
  5.13  The board commissioner shall issue licenses registrations for 
  5.14  the following four groups of individuals qualified under this 
  5.15  section to practice social work use a protected title: 
  5.16     (1) social workers; 
  5.17     (2) graduate social workers; 
  5.18     (3) independent social workers; and 
  5.19     (4) independent clinical social workers. 
  5.20     Subd. 2.  [FEE.] Each applicant shall pay a nonrefundable 
  5.21  fee set by the board.  Fees paid to the board shall be deposited 
  5.22  in the state government special revenue fund. 
  5.23     Subd. 3.  [SOCIAL WORKER.] To be licensed registered as a 
  5.24  social worker, an applicant must provide evidence satisfactory 
  5.25  to the board commissioner that the applicant: 
  5.26     (1) has received a baccalaureate degree from an accredited 
  5.27  program of social work; 
  5.28     (2) has passed the examination provided for in section 
  5.29  148B.20, subdivision 1; 
  5.30     (3) will engage in social work practice only under 
  5.31  supervision as defined in section 148B.18, subdivision 12, for 
  5.32  at least two years in full-time employment or 4,000 hours of 
  5.33  part-time employment; 
  5.34     (4) will conduct all professional activities as a social 
  5.35  worker in accordance with standards for professional conduct 
  5.36  established by the statutes and rules of the board commissioner; 
  6.1   and 
  6.2      (5) has not engaged in conduct warranting a disciplinary 
  6.3   action against a licensee registrant.  If the applicant has 
  6.4   engaged in conduct warranting disciplinary action against a 
  6.5   licensee registrant, the board commissioner may issue a 
  6.6   license registration only on the applicant's showing that the 
  6.7   public will be protected through the issuance of a license 
  6.8   registration with conditions or limitations approved by the 
  6.9   board commissioner. 
  6.10     Subd. 4.  [GRADUATE SOCIAL WORKER.] To be licensed 
  6.11  registered as a graduate social worker, an applicant must 
  6.12  provide evidence satisfactory to the board commissioner that the 
  6.13  applicant: 
  6.14     (1) has received a master's degree from an accredited 
  6.15  program of social work or doctoral degree in social work; 
  6.16     (2) has passed the examination provided for in section 
  6.17  148B.20, subdivision 1; 
  6.18     (3) will engage in social work practice only under 
  6.19  supervision as defined in section 148B.18, subdivision 12; 
  6.20     (4) will conduct all professional activities as a graduate 
  6.21  social worker in accordance with standards for professional 
  6.22  conduct established by the statutes and rules of the 
  6.23  board commissioner; and 
  6.24     (5) has not engaged in conduct warranting a disciplinary 
  6.25  action against a licensee registrant.  If the applicant has 
  6.26  engaged in conduct warranting disciplinary action against a 
  6.27  licensee registrant, the board commissioner may issue a 
  6.28  license registration only on the applicant's showing that the 
  6.29  public will be protected through the issuance of a license 
  6.30  registration with conditions or limitations approved by the 
  6.31  board commissioner. 
  6.32     Subd. 5.  [INDEPENDENT SOCIAL WORKER.] To be licensed 
  6.33  registered as an independent social worker, an applicant must 
  6.34  provide evidence satisfactory to the board commissioner that the 
  6.35  applicant: 
  6.36     (1) has received a master's degree from an accredited 
  7.1   program of social work or doctoral degree in social work; 
  7.2      (2) has passed the examination provided for in section 
  7.3   148B.20, subdivision 1; 
  7.4      (3) has practiced social work for at least two years in 
  7.5   full-time employment or 4,000 hours of part-time employment 
  7.6   under supervision as defined in section 148B.18, subdivision 12, 
  7.7   after receiving the master's or doctoral degree in social work; 
  7.8      (4) will conduct all professional activities as an 
  7.9   independent social worker in accordance with standards for 
  7.10  professional conduct established by the statutes and rules of 
  7.11  the board commissioner; and 
  7.12     (5) has not engaged in conduct warranting a disciplinary 
  7.13  action against a licensee registrant.  If the applicant has 
  7.14  engaged in conduct warranting disciplinary action against a 
  7.15  licensee registrant, the board commissioner may issue a 
  7.16  license registration only on the applicant's showing that the 
  7.17  public will be protected through the issuance of a license 
  7.18  registration with conditions or limitations approved by the 
  7.19  board commissioner. 
  7.20     Subd. 6.  [INDEPENDENT CLINICAL SOCIAL WORKER.] To be 
  7.21  licensed registered as an independent clinical social worker, an 
  7.22  applicant must provide evidence satisfactory to the board 
  7.23  commissioner that the applicant: 
  7.24     (1) has received a master's degree from an accredited 
  7.25  program of social work, or doctoral degree in social work, that 
  7.26  included an advanced concentration of clinically oriented course 
  7.27  work as defined by the board commissioner and a supervised 
  7.28  clinical field placement at the graduate level, or post-master's 
  7.29  clinical training that is found by the board commissioner to be 
  7.30  equivalent to that course work and field placement; 
  7.31     (2) has practiced clinical social work for at least two 
  7.32  years in full-time employment or 4,000 hours of part-time 
  7.33  employment under supervision as defined in section 148B.18, 
  7.34  subdivision 12, after receiving the master's or doctoral degree 
  7.35  in social work; 
  7.36     (3) has passed the examination provided for in section 
  8.1   148B.20, subdivision 1; 
  8.2      (4) will conduct all professional activities as an 
  8.3   independent clinical social worker in accordance with standards 
  8.4   for professional conduct established by the statutes and rules 
  8.5   of the board commissioner; and 
  8.6      (5) has not engaged in conduct warranting a disciplinary 
  8.7   action against a licensee registrant.  If the applicant has 
  8.8   engaged in conduct warranting disciplinary action against a 
  8.9   licensee registrant, the board commissioner may issue a 
  8.10  license registration only on the applicant's showing that the 
  8.11  public will be protected through the issuance of a license 
  8.12  registration with conditions or limitations approved by the 
  8.13  board commissioner. 
  8.14     Subd. 6a.  [BACKGROUND CHECKS.] The board commissioner 
  8.15  shall request a criminal history background check from the 
  8.16  superintendent of the bureau of criminal apprehension on all 
  8.17  applicants for initial licensure registration.  An application 
  8.18  for a license registration under this section must be 
  8.19  accompanied by an executed criminal history consent form and the 
  8.20  fee for conducting the criminal history background check. 
  8.21     Subd. 7.  [TEMPORARY PERMIT.] (a) The board commissioner 
  8.22  may issue a temporary permit to practice social work to an 
  8.23  applicant in the following situations, provided the applicant 
  8.24  meets all other requirements for licensure registration: 
  8.25     (1) the applicant has passed the licensure registration 
  8.26  examination and the applicant's accredited program of social 
  8.27  work has submitted an affidavit on a form provided by the board 
  8.28  commissioner verifying the applicant's completion of the 
  8.29  requirements for a degree.  The affidavit must be submitted 
  8.30  within 15 days of the date of completion of the degree 
  8.31  requirements.  The temporary permit under this clause is valid 
  8.32  for six months, or until a license registration is issued, 
  8.33  whichever comes first, and is nonrenewable; 
  8.34     (2) the applicant has applied for licensure registration 
  8.35  under section 148B.24 and the board commissioner determines that 
  8.36  the applicant must pass the licensure registration examination 
  9.1   before being licensed registered.  The temporary permit under 
  9.2   this clause is valid if the applicant passes the examination and 
  9.3   completes the licensure registration process within the time 
  9.4   periods specified by the board commissioner, and is 
  9.5   nonrenewable; or 
  9.6      (3) the applicant has passed the licensure registration 
  9.7   examination, has graduated from a program of social work in 
  9.8   candidacy status with the Council on Social Work Education, and 
  9.9   the program of social work has submitted an affidavit on a form 
  9.10  provided by the board commissioner verifying the applicant's 
  9.11  completion of the requirements for a degree.  The affidavit must 
  9.12  be submitted within 15 days of the date of completion of the 
  9.13  degree requirements.  The temporary permit under this clause is 
  9.14  valid for six months, and may be extended at the board's 
  9.15  commissioner's discretion upon a showing that the social work 
  9.16  program remains in good standing with the Council on Social Work 
  9.17  Education.  If the board commissioner receives notice from the 
  9.18  Council on Social Work Education that the program of social work 
  9.19  is not in good standing or that accreditation will not be 
  9.20  granted to the program of social work, then the temporary permit 
  9.21  shall be invalid immediately and the applicant shall not qualify 
  9.22  for licensure registration. 
  9.23     (b) An applicant who obtains a temporary permit may 
  9.24  practice social work only under the supervision of a licensed 
  9.25  registered social worker who is eligible to provide supervision 
  9.26  under section 148B.18, subdivision 12.  The applicant's 
  9.27  supervisor must provide evidence to the board commissioner, 
  9.28  before the applicant is approved by the board commissioner for 
  9.29  licensure registration, that the applicant has practiced social 
  9.30  work under supervision.  This supervision will not apply toward 
  9.31  the supervision requirement required after 
  9.32  licensure registration. 
  9.33     (c) A temporary permit is nonrenewable. 
  9.34     Subd. 8.  [CHANGE OF LICENSURE LEVEL REGISTRATION TITLE.] 
  9.35  An applicant who applies under this section for licensure 
  9.36  registration as a licensed registered independent social worker 
 10.1   or a licensed registered independent clinical social worker, and 
 10.2   who is licensed registered at the time of application as 
 10.3   a licensed registered graduate social worker, or a licensed 
 10.4   registered independent social worker, is not required to meet 
 10.5   the educational requirement of this section.  The applicant must 
 10.6   meet all other requirements for licensure registration at the 
 10.7   new level of licensure registration. 
 10.8      Subd. 9.  [SUPERVISION REQUIREMENT.] If supervised social 
 10.9   work practice is required for licensure registration under this 
 10.10  section, and if the applicant has not engaged in the practice of 
 10.11  social work during the five years preceding the applicant's 
 10.12  application for licensure registration, then the board 
 10.13  commissioner may grant a conditional license registration to the 
 10.14  applicant that would require that the applicant obtain 
 10.15  additional social work supervision or additional continuing 
 10.16  education hours, or both, within a specified time period 
 10.17  after licensure registration.  The board commissioner shall 
 10.18  establish rules to implement this section. 
 10.19     Sec. 11.  Minnesota Statutes 2000, section 148B.215, is 
 10.20  amended to read: 
 10.21     148B.215 [CONTESTED CASE HEARING.] 
 10.22     An applicant or a licensee registrant who is the subject of 
 10.23  an adverse action by the board commissioner may request a 
 10.24  contested case hearing under chapter 14.  An applicant or 
 10.25  a licensee registrant who desires to request a contested case 
 10.26  hearing must submit a written request to the board commissioner 
 10.27  within 90 days of the date on which the board commissioner 
 10.28  mailed the notification of the adverse action. 
 10.29     Sec. 12.  Minnesota Statutes 2000, section 148B.22, is 
 10.30  amended to read: 
 10.31     148B.22 [LICENSE REGISTRATION RENEWAL REQUIREMENTS.] 
 10.32     Subdivision 1.  [RENEWAL.] Licensees Registrants shall 
 10.33  renew licenses registrations at the time and in the manner 
 10.34  established by the rules of the board commissioner. 
 10.35     Subd. 2.  [CONTINUING EDUCATION.] At the time of renewal, 
 10.36  each licensee registrant shall provide evidence satisfactory to 
 11.1   the board commissioner that the licensee registrant has 
 11.2   completed during each two-year period at least the equivalent of 
 11.3   30 clock hours of continuing professional postdegree education 
 11.4   in programs approved by the board commissioner and continues to 
 11.5   be qualified to practice use a protected title under sections 
 11.6   148B.18 to 148B.289. 
 11.7      Subd. 3.  [BACKGROUND CHECKS.] The board commissioner shall 
 11.8   request a criminal history background check from the 
 11.9   superintendent of the bureau of criminal apprehension on 
 11.10  all licensees registrants under its jurisdiction who did not 
 11.11  complete a criminal history background check as part of an 
 11.12  application for initial licensure registration.  This background 
 11.13  check is a one-time requirement.  An application for a license 
 11.14  registration under this section must be accompanied by an 
 11.15  executed criminal history consent form and the fee for 
 11.16  conducting the criminal history background check. 
 11.17     Sec. 13.  Minnesota Statutes 2000, section 148B.24, is 
 11.18  amended to read: 
 11.19     148B.24 [RECIPROCITY.] 
 11.20     The board commissioner shall issue an appropriate license 
 11.21  registration to an individual who holds a current license or 
 11.22  other credential from another jurisdiction if the board 
 11.23  commissioner finds that the requirements for that credential are 
 11.24  substantially similar to the requirements in section 148B.21. 
 11.25     Sec. 14.  Minnesota Statutes 2000, section 148B.25, is 
 11.26  amended to read: 
 11.27     148B.25 [NONTRANSFERABILITY OF LICENSES REGISTRATION.] 
 11.28     A social work license registration is not transferable. 
 11.29     Sec. 15.  Minnesota Statutes 2000, section 148B.26, is 
 11.30  amended to read: 
 11.31     148B.26 [DENIAL, SUSPENSION, OR REVOCATION OF 
 11.32  LICENSE REGISTRATION.] 
 11.33     Subdivision 1.  [GROUNDS.] The following conduct is grounds 
 11.34  for the board commissioner to deny the application for or the 
 11.35  renewal of a temporary permit or license registration, to take 
 11.36  disciplinary or other action against a license registration as 
 12.1   provided for in section 148B.281, or to take corrective action 
 12.2   against a licensee registrant as provided for in chapter 214: 
 12.3      (1) engaging in any conduct which violates any statute or 
 12.4   rule enforced by the board commissioner, or any other law that 
 12.5   is related to the practice of social work; 
 12.6      (2) violating any order issued by the board commissioner; 
 12.7      (3) practicing outside the scope of practice authorized by 
 12.8   this chapter for each level of licensure using an unauthorized 
 12.9   title; 
 12.10     (4) failing to demonstrate the qualifications or satisfy 
 12.11  the requirements for licensure registration, with the burden of 
 12.12  proof on the applicant to demonstrate the qualifications or the 
 12.13  satisfaction of the requirements; 
 12.14     (5) obtaining a temporary permit, license, or license 
 12.15  registration, or registration renewal by fraud, bribery, or 
 12.16  cheating, or attempting to subvert the examination process; 
 12.17     (6) making a false statement or misrepresentation to the 
 12.18  board commissioner; 
 12.19     (7) having been the subject of revocation, suspension, or 
 12.20  surrender of a social work or related license or of other 
 12.21  adverse action related to a social work or related license in 
 12.22  another jurisdiction or country; 
 12.23     (8) failing to report the revocation, suspension, or 
 12.24  surrender of a social work or related license or other adverse 
 12.25  action related to a social work or related license in another 
 12.26  jurisdiction or country, failing to report that a complaint or 
 12.27  other charges regarding the person's license have been brought 
 12.28  in this or another jurisdiction or country, or having been 
 12.29  refused a license by any other jurisdiction or country; 
 12.30     (9) engaging in unprofessional conduct or any other conduct 
 12.31  which has the potential for causing harm to the public, 
 12.32  including any departure from or failure to conform to the 
 12.33  minimum standards of acceptable and prevailing practice without 
 12.34  actual injury having to be established; 
 12.35     (10) engaging in unethical conduct or conduct likely to 
 12.36  deceive, defraud, or harm the public, demonstrating a willful or 
 13.1   careless disregard for the health, welfare, or safety of a 
 13.2   client, or engaging in a practice which is professionally 
 13.3   incompetent with proof of actual injury not having to be 
 13.4   established; 
 13.5      (11) being adjudicated by a court of competent 
 13.6   jurisdiction, within or without this state, as incapacitated, 
 13.7   mentally incompetent or mentally ill, chemically dependent, 
 13.8   mentally ill and dangerous to the public, or a psychopathic 
 13.9   personality; 
 13.10     (12) being unable to practice with reasonable skill and 
 13.11  safety by reason of illness, use of alcohol, drugs, chemicals or 
 13.12  any other materials, or as a result of any mental or physical 
 13.13  condition; 
 13.14     (13) engaging in improper or fraudulent billing practices, 
 13.15  including violations of the federal Medicare and Medicaid laws 
 13.16  or state medical assistance laws; 
 13.17     (14) obtaining money, property, or services from a client 
 13.18  through the use of undue influence, harassment, duress, 
 13.19  deception, or fraud or through the improper use of a 
 13.20  professional position; 
 13.21     (15) engaging in sexual contact, as defined in section 
 13.22  148A.01, with a client or conduct that is or may reasonably be 
 13.23  interpreted by the client as sexual, engaging in verbal behavior 
 13.24  that is or may reasonably be interpreted as sexually seductive 
 13.25  or sexually demeaning to a client, or engaging in conduct that 
 13.26  violates section 617.23; 
 13.27     (16) being convicted, including a finding or verdict of 
 13.28  guilt, whether or not the adjudication of guilt is withheld or 
 13.29  not entered, an admission of guilt, or a no contest plea, of a 
 13.30  crime against a minor; 
 13.31     (17) being convicted, including a finding or verdict of 
 13.32  guilt, whether or not the adjudication of guilt is withheld or 
 13.33  not entered, an admission of guilt, or a no contest plea of a 
 13.34  felony, gross misdemeanor, or misdemeanor reasonably related to 
 13.35  the practice of social work, as evidenced by a certified copy of 
 13.36  the conviction; 
 14.1      (18) engaging in an unfair discriminatory practice 
 14.2   prohibited by chapter 363 of an employee of the applicant, 
 14.3   licensee registrant, or facility in which the applicant 
 14.4   or licensee registrant practices; 
 14.5      (19) engaging in false, fraudulent, deceptive, or 
 14.6   misleading advertising; or 
 14.7      (20) revealing a privileged communication from or relating 
 14.8   to a client except when otherwise required or permitted by law. 
 14.9      Subd. 2.  [RESTORING A LICENSE REGISTRATION.] For reasons 
 14.10  it finds sufficient, the board commissioner may grant a license 
 14.11  registration previously refused, restore a license registration 
 14.12  that has been revoked, or reduce a period of suspension or 
 14.13  restriction of a license registration.  
 14.14     Subd. 3.  [REVIEW.] Suspension, revocation, or restriction 
 14.15  of a license registration shall be reviewed by the 
 14.16  board commissioner at the request of the licensee registrant 
 14.17  against whom the disciplinary action was taken.  
 14.18     Subd. 4.  [CONDUCT BEFORE LICENSURE.] The board's 
 14.19  jurisdiction to exercise its powers as provided for in 
 14.20  subdivision 1 extends to an applicant's or licensee's conduct 
 14.21  that occurred prior to licensure, if the conduct fell below 
 14.22  minimum standards for the practice of social work at the time 
 14.23  the conduct occurred or the conduct continues to affect the 
 14.24  applicant's or licensee's present ability to practice social 
 14.25  work in conformity with this chapter and the board's rules. 
 14.26     Sec. 16.  [148B.265] [SOCIAL WORK ADVISORY COUNCIL.] 
 14.27     Subdivision 1.  [MEMBERSHIP.] The commissioner shall 
 14.28  appoint seven persons to a social work advisory council.  The 
 14.29  seven persons must include: 
 14.30     (1) two public members, as defined in section 214.02.  The 
 14.31  public members shall be either persons receiving services of a 
 14.32  social worker, or family members of or caregivers to such 
 14.33  persons; 
 14.34     (2) five social workers registered under sections 148B.18 
 14.35  to 148B.289.  At least two of these social workers must be 
 14.36  registered at the baccalaureate level of registration and at 
 15.1   least two must be registered at the master's level of 
 15.2   registration.  Two of these social workers must reside and 
 15.3   practice outside of the seven-county metropolitan area. 
 15.4      Subd. 2.  [ORGANIZATION.] The advisory council shall be 
 15.5   organized and administered under section 15.059 except that the 
 15.6   council does not expire. 
 15.7      Subd. 3.  [DUTIES.] The advisory council shall: 
 15.8      (1) advise the commissioner regarding social work 
 15.9   registration standards; 
 15.10     (2) advise the commissioner on enforcement of sections 
 15.11  148B.18 to 148B.289; 
 15.12     (3) provide for distribution of information regarding 
 15.13  social work registration standards; 
 15.14     (4) review applications and make recommendations to the 
 15.15  commissioner on granting or denying registration or registration 
 15.16  renewal; 
 15.17     (5) review reports of investigations relating to 
 15.18  individuals and make recommendations to the commissioner as to 
 15.19  whether registration should be denied or disciplinary action 
 15.20  taken against the individual; 
 15.21     (6) advise the commissioner regarding approval of 
 15.22  continuing education activities; and 
 15.23     (7) perform other duties authorized for advisory councils 
 15.24  under chapter 214, or as directed by the commissioner. 
 15.25     Sec. 17.  Minnesota Statutes 2000, section 148B.27, is 
 15.26  amended to read: 
 15.27     148B.27 [PROHIBITION AGAINST UNLICENSED PRACTICE OR 
 15.28  UNAUTHORIZED USE OF PROTECTED TITLES; PENALTY.] 
 15.29     Subdivision 1.  [PRACTICE.] No individual shall engage in 
 15.30  social work practice unless that individual holds a valid 
 15.31  temporary permit or a license as a licensed social worker, 
 15.32  licensed graduate social worker, licensed independent social 
 15.33  worker, or licensed independent clinical social worker.  
 15.34     Subd. 2.  [USE OF TITLES.] No individual shall be presented 
 15.35  to the public by any title incorporating the words "social work" 
 15.36  or "social worker" unless that individual holds a valid 
 16.1   temporary permit or a license registration issued under sections 
 16.2   148B.18 to 148B.289.  City, county, and state agency social 
 16.3   workers who are not licensed registered under sections 148B.18 
 16.4   to 148B.289 may use only the title city agency social worker or 
 16.5   county agency social worker or state agency social worker.  
 16.6      Subd. 2a.  [JURISDICTION.] Nothing in sections 148B.60 to 
 16.7   148B.71 shall prohibit the board from taking disciplinary or 
 16.8   other action that the board is authorized to take against either 
 16.9   a licensee who is found to be practicing outside the scope of 
 16.10  the license or a person who is found to be engaging in the 
 16.11  unauthorized practice of social work. 
 16.12     Subd. 2b.  [USE OF HOSPITAL SOCIAL WORKER TITLE.] 
 16.13  Individuals employed as social workers on June 30, 1996, by a 
 16.14  hospital licensed under chapter 144 who do not qualify for 
 16.15  licensure registration under section 148B.21, may use the title 
 16.16  "hospital social worker" for as long as they continue to be 
 16.17  employed by a hospital licensed under chapter 144. 
 16.18     Subd. 3.  [PENALTY.] A person who violates sections 148B.21 
 16.19  to 148B.289 is guilty of a misdemeanor.  
 16.20     Sec. 18.  Minnesota Statutes 2000, section 148B.281, is 
 16.21  amended to read: 
 16.22     148B.281 [COMPLAINTS; INVESTIGATION AND HEARING.] 
 16.23     Subdivision 1.  [DISCOVERY; SUBPOENAS.] In all matters 
 16.24  relating to its lawful regulatory activities, the board 
 16.25  commissioner may issue subpoenas and compel the attendance of 
 16.26  witnesses and the production of all necessary papers, books, 
 16.27  records, documents, and other evidentiary material.  Any person 
 16.28  failing or refusing to appear to testify regarding any matter 
 16.29  about which the person may be lawfully questioned or failing to 
 16.30  produce any papers, books, records, documents, or other 
 16.31  evidentiary materials in the matter to be heard, after having 
 16.32  been required by order of the board commissioner or by a 
 16.33  subpoena of the board commissioner to do so may, upon 
 16.34  application to the district court in any district, be ordered to 
 16.35  comply with the subpoena or order.  Any board member The 
 16.36  commissioner may administer oaths to witnesses or take their 
 17.1   affirmation.  Depositions may be taken within or without the 
 17.2   state in the manner provided by law for the taking of 
 17.3   depositions in civil actions.  A subpoena or other process or 
 17.4   paper may be served upon a person it names anywhere within the 
 17.5   state by any officer authorized to serve subpoenas or other 
 17.6   process or paper in civil actions in the same manner as 
 17.7   prescribed by law for service of process issued out of the 
 17.8   district court of this state. 
 17.9      Subd. 2.  [CLASSIFICATION OF DATA.] The board commissioner 
 17.10  shall maintain any records, other than client records, obtained 
 17.11  as part of an investigation, as investigative data under section 
 17.12  13.41.  Client records are classified as private under chapter 
 17.13  13, and must be protected as such in the records of the board 
 17.14  commissioner and in administrative or judicial proceedings 
 17.15  unless the client authorizes the board commissioner in writing 
 17.16  to make public the identity of the client or a portion or all of 
 17.17  the client's records. 
 17.18     Subd. 3.  [EXAMINATION.] If the board commissioner has 
 17.19  probable cause to believe that an applicant or licensee 
 17.20  registrant has engaged in conduct prohibited by chapter 214 or a 
 17.21  statute or rule enforced by the board commissioner, it may issue 
 17.22  an order directing the applicant or licensee registrant to 
 17.23  submit to a mental or physical examination or chemical 
 17.24  dependency evaluation.  For the purpose of this section, every 
 17.25  applicant or licensee registrant is considered to have consented 
 17.26  to submit to a mental or physical examination or chemical 
 17.27  dependency evaluation when ordered to do so in writing by 
 17.28  the board commissioner and to have waived all objections to the 
 17.29  admissibility of the examiner's or evaluator's testimony or 
 17.30  reports on the grounds that the testimony or reports constitute 
 17.31  a privileged communication. 
 17.32     Subd. 4.  [FAILURE TO SUBMIT TO AN EXAMINATION.] Failure to 
 17.33  submit to an examination or evaluation when ordered, unless the 
 17.34  failure was due to circumstances beyond the control of the 
 17.35  applicant or licensee registrant, constitutes an admission that 
 17.36  the applicant or licensee registrant violated chapter 214 or a 
 18.1   statute or rule enforced by the board commissioner, based on the 
 18.2   factual specifications in the examination or evaluation order, 
 18.3   and may result in an application being denied or a default and 
 18.4   final disciplinary order being entered without the taking of 
 18.5   testimony or other evidence.  If a contested case hearing is 
 18.6   requested, the only issues to be determined at the hearing are 
 18.7   whether the designated board member commissioner had probable 
 18.8   cause to issue the examination or evaluation order and whether 
 18.9   the failure to submit was due to circumstances beyond the 
 18.10  control of the applicant or licensee registrant.  Neither the 
 18.11  record of a proceeding under this subdivision nor the orders 
 18.12  entered by the board commissioner are admissible, subject to 
 18.13  subpoena, or to be used against the applicant or licensee 
 18.14  registrant in a proceeding in which the board commissioner is 
 18.15  not a party or decision maker.  Information obtained under this 
 18.16  subdivision is classified as private under chapter 13 and the 
 18.17  orders issued by the board commissioner as the result of an 
 18.18  applicant's or a licensee's registrant's failure to submit to an 
 18.19  examination or evaluation are classified as public. 
 18.20     Subd. 5.  [ACCESS TO DATA AND RECORDS.] In addition to 
 18.21  ordering a physical or mental examination or chemical dependency 
 18.22  evaluation and notwithstanding section 13.384, 144.651, 595.02, 
 18.23  or any other law limiting access to medical or other health 
 18.24  records, the board commissioner may obtain data and health 
 18.25  records relating to an applicant or licensee registrant without 
 18.26  the applicant's or licensee's registrant's consent if the board 
 18.27  commissioner has probable cause to believe that an applicant 
 18.28  or licensee registrant has engaged in conduct prohibited by 
 18.29  chapter 214 or a statute or rule enforced by the 
 18.30  board commissioner.  An applicant, licensee registrant, 
 18.31  insurance company, health care facility, provider as defined in 
 18.32  section 144.335, subdivision 1, paragraph (b), or government 
 18.33  agency shall comply with any written request of the board 
 18.34  commissioner under this subdivision and is not liable in any 
 18.35  action for damages for releasing the data requested by the board 
 18.36  commissioner if the data are released in accordance with a 
 19.1   written request made under this subdivision, unless the 
 19.2   information is false and the person or entity giving the 
 19.3   information knew or had reason to know that the information was 
 19.4   false.  Information on individuals obtained under this section 
 19.5   is investigative data under section 13.41. 
 19.6      Subd. 6.  [FORMS OF DISCIPLINARY ACTION.] When grounds for 
 19.7   disciplinary action exist under chapter 214 or a statute or rule 
 19.8   enforced by the board commissioner, it may take one or more of 
 19.9   the following disciplinary actions: 
 19.10     (1) deny the right to practice use a protected title; 
 19.11     (2) revoke the right to practice use a protected title; 
 19.12     (3) suspend the right to practice use a protected title; 
 19.13     (4) impose limitations on the practice of the 
 19.14  licensee registrant's use of a protected title; 
 19.15     (5) impose conditions on the practice of the 
 19.16  licensee registrant's use of a protected title; 
 19.17     (6) impose a civil penalty not exceeding $10,000 for each 
 19.18  separate violation, the amount of the civil penalty to be fixed 
 19.19  so as to deprive the licensee registrant of any economic 
 19.20  advantage gained by reason of the violation charged, or to 
 19.21  discourage repeated violations; 
 19.22     (7) impose a fee to reimburse the board commissioner for 
 19.23  all or part of the cost of the proceedings resulting in 
 19.24  disciplinary action including, but not limited to, the amount 
 19.25  paid by the board commissioner for services from the office of 
 19.26  administrative hearings, attorney fees, court reporters, 
 19.27  witnesses, reproduction of records, board members' per diem 
 19.28  compensation, board department staff time, and expense incurred 
 19.29  by board members and department staff; 
 19.30     (8) censure or reprimand the licensee registrant; 
 19.31     (9) require the passing of the examination provided for in 
 19.32  section 148B.20, subdivision 1; or 
 19.33     (10) take any other action justified by the facts of the 
 19.34  case. 
 19.35     Subd. 7.  [CENSURE OR REPRIMAND.] (a) In addition to 
 19.36  the board's commissioner's authority to issue a censure or a 
 20.1   reprimand to a licensee registrant, a designated board member 
 20.2   the advisory council reviewing a complaint as provided for in 
 20.3   chapter 214 may issue a censure or a reprimand to a licensee 
 20.4   registrant.  The censure or reprimand shall notify the 
 20.5   licensee registrant that the censure or reprimand will become 
 20.6   final disciplinary action unless the licensee registrant 
 20.7   requests a hearing within 14 days. 
 20.8      (b) If the licensee registrant requests a timely hearing, 
 20.9   the committee commissioner shall either schedule a hearing or 
 20.10  withdraw the censure or reprimand.  The hearing shall be de novo 
 20.11  before the board, provided that the designated board member who 
 20.12  issued the censure or reprimand shall not deliberate or 
 20.13  vote commissioner.  Evidence shall be received only in form of 
 20.14  affidavits or other documents except for testimony by 
 20.15  the licensee registrant or other witnesses whose testimony 
 20.16  the board chair commissioner has authorized for good cause.  If 
 20.17  testimony is authorized, it shall be subject to 
 20.18  cross-examination.  After the hearing, the board commissioner 
 20.19  shall affirm or dismiss the censure or reprimand, or direct 
 20.20  the committee advisory council to initiate a contested case 
 20.21  proceeding pursuant to chapter 14. 
 20.22     Subd. 8.  [TEMPORARY SUSPENSION.] In addition to any other 
 20.23  remedy provided by law, the board commissioner may, acting 
 20.24  through its designated board member and without a hearing, 
 20.25  temporarily suspend the right of a licensee to practice 
 20.26  registrant to use a protected title if the board member 
 20.27  commissioner finds that the licensee registrant has violated a 
 20.28  statute or rule that the board commissioner is empowered to 
 20.29  enforce and that continued practice use of a protected title by 
 20.30  the licensee registrant would create a serious risk of harm to 
 20.31  others.  The suspension is in effect upon service of a written 
 20.32  order on the licensee registrant specifying the statute or rule 
 20.33  violated.  The order remains in effect until the board 
 20.34  commissioner issues a final order in the matter after a hearing 
 20.35  or upon agreement between the board commissioner and 
 20.36  the licensee registrant.  Service of the order is effective if 
 21.1   the order is served on the licensee registrant or counsel of 
 21.2   record personally or by first class mail to the most recent 
 21.3   address provided to the board commissioner for the licensee 
 21.4   registrant or the counsel of record.  Within ten days of service 
 21.5   of the order, the board registrant shall hold a hearing before 
 21.6   its own members on the sole issue of whether there is a 
 21.7   reasonable basis to continue, modify, or lift the suspension.  
 21.8   Evidence presented by the board commissioner or licensee 
 21.9   registrant may be in affidavit form only.  The licensee 
 21.10  registrant or the counsel of record may appear for oral 
 21.11  argument.  Within five working days after the hearing, the board 
 21.12  commissioner shall issue its order and, if the suspension is 
 21.13  continued, schedule a contested case hearing within 45 days 
 21.14  after issuance of the order.  The administrative law judge shall 
 21.15  issue a report within 30 days after closing of the contested 
 21.16  case hearing record.  The board commissioner shall issue a final 
 21.17  order within 30 days after receipt of that report. 
 21.18     Subd. 9.  [AUTOMATIC SUSPENSION; RESTORATION.] The right to 
 21.19  practice use a protected title is automatically suspended if (1) 
 21.20  a guardian of a licensee registrant is appointed by order of a 
 21.21  court under sections 525.54 to 525.61, or (2) the licensee 
 21.22  registrant is committed by order of a court pursuant to chapter 
 21.23  253B.  The right to practice use a protected title remains 
 21.24  suspended until the licensee registrant is restored to capacity 
 21.25  by a court and, upon petition by the licensee registrant, the 
 21.26  suspension is terminated by the board commissioner after a 
 21.27  hearing or upon agreement between the board commissioner and the 
 21.28  licensee registrant.  In its discretion, the board commissioner 
 21.29  may restore and reissue permission to provide services use a 
 21.30  protected title, but as a condition of the permission may impose 
 21.31  a disciplinary or corrective measure that it might originally 
 21.32  have imposed.  
 21.33     Subd. 10.  [ADDITIONAL REMEDIES.] The board commissioner 
 21.34  may in its own name issue a cease and desist order to stop a 
 21.35  person from engaging in an unauthorized practice unauthorized 
 21.36  use of a protected title or violating or threatening to violate 
 22.1   a statute, rule, or order which the board commissioner has 
 22.2   issued or is empowered to enforce.  The cease and desist order 
 22.3   must state the reason for its issuance and give notice of the 
 22.4   person's right to request a hearing under sections 14.57 to 
 22.5   14.62.  If, within 15 days of service of the order, the subject 
 22.6   of the order fails to request a hearing in writing, the order is 
 22.7   the final order of the board commissioner and is not reviewable 
 22.8   by a court or agency. 
 22.9      A hearing must be initiated by the board commissioner not 
 22.10  later than 30 days from the date of the board's commissioner's 
 22.11  receipt of a written hearing request.  Within 30 days of receipt 
 22.12  of the administrative law judge's report, the board commissioner 
 22.13  shall issue a final order modifying, vacating, or making 
 22.14  permanent the cease and desist order as the facts require.  The 
 22.15  final order remains in effect until modified or vacated by 
 22.16  the board commissioner. 
 22.17     When a request for a stay accompanies a timely hearing 
 22.18  request, the board commissioner may, in its discretion, grant 
 22.19  the stay.  If the board commissioner does not grant a requested 
 22.20  stay, it shall refer the request to the office of administrative 
 22.21  hearings within three working days of receipt of the request.  
 22.22  Within ten days after receiving the request from the board 
 22.23  commissioner, an administrative law judge shall issue a 
 22.24  recommendation to grant or deny the stay.  The board 
 22.25  commissioner shall grant or deny the stay within five days of 
 22.26  receiving the administrative law judge's recommendation. 
 22.27     In the event of noncompliance with a cease and desist 
 22.28  order, the board commissioner may institute a proceeding in 
 22.29  Ramsey county district court to obtain injunctive relief or 
 22.30  other appropriate relief, including a civil penalty payable to 
 22.31  the board not exceeding $10,000 for each separate violation. 
 22.32     Subd. 11.  [INJUNCTIVE RELIEF.] In addition to any other 
 22.33  remedy provided by law, including the issuance of a cease and 
 22.34  desist order under subdivision 1, the board commissioner may in 
 22.35  its own name bring an action in Ramsey county district court for 
 22.36  injunctive relief to restrain any unauthorized practice use of a 
 23.1   protected title or violation or threatened violation of any 
 23.2   statute, rule, or order which the board commissioner is 
 23.3   empowered to regulate, enforce, or issue.  A temporary 
 23.4   restraining order must be granted in the proceeding if continued 
 23.5   activity by a licensee registrant would create a serious risk of 
 23.6   harm to others.  The board commissioner need not show 
 23.7   irreparable harm. 
 23.8      Subd. 12.  [ADDITIONAL POWERS.] The issuance of a cease and 
 23.9   desist order or injunctive relief granted under this section 
 23.10  does not relieve a licensee registrant from criminal prosecution 
 23.11  by a competent authority or from disciplinary action by the 
 23.12  board commissioner.  Nothing in this section limits the board's 
 23.13  commissioner's authority to seek injunctive relief under section 
 23.14  214.11. 
 23.15     Subd. 13.  [PENDING APPEAL.] A suspension, revocation, 
 23.16  condition, limitation, qualification, or restriction of an 
 23.17  individual's license registration or right to practice use a 
 23.18  protected title is in effect pending determination of an appeal 
 23.19  unless the court, upon petition and for good cause shown, orders 
 23.20  otherwise.  
 23.21     Sec. 19.  Minnesota Statutes 2000, section 148B.282, is 
 23.22  amended to read: 
 23.23     148B.282 [PROFESSIONAL COOPERATION; APPLICANT OR 
 23.24  LICENSEE REGISTRANT.] 
 23.25     An applicant or a licensee registrant who is the subject of 
 23.26  an investigation, or who is questioned in connection with an 
 23.27  investigation, by or on behalf of the board commissioner shall 
 23.28  cooperate fully with the investigation.  Cooperation includes 
 23.29  responding fully and promptly to any question raised by or on 
 23.30  behalf of the board commissioner relating to the subject of the 
 23.31  investigation, providing copies of client and other records in 
 23.32  the applicant's or licensee's registrant's possession relating 
 23.33  to the matter under investigation and executing releases for 
 23.34  records, as reasonably requested by the board commissioner, and 
 23.35  appearing at conferences or hearings scheduled by the board 
 23.36  commissioner.  The board commissioner shall pay for copies 
 24.1   requested.  The board commissioner shall be allowed access to 
 24.2   any records of a client provided services by the applicant 
 24.3   or licensee registrant under review.  If the client has not 
 24.4   signed a consent permitting access to the client's records, the 
 24.5   applicant or licensee registrant shall delete any data in the 
 24.6   record that identifies the client before providing them to 
 24.7   the board commissioner.  The board commissioner shall maintain 
 24.8   any records obtained pursuant to this section as investigative 
 24.9   data pursuant to chapter 13. 
 24.10     Sec. 20.  Minnesota Statutes 2000, section 148B.283, is 
 24.11  amended to read: 
 24.12     148B.283 [REPORTING OBLIGATIONS.] 
 24.13     Subdivision 1.  [PERMISSION TO REPORT.] A person who has 
 24.14  knowledge of any conduct by an applicant or a licensee 
 24.15  registrant which may constitute grounds for disciplinary action 
 24.16  under this chapter or the rules of the board commissioner or of 
 24.17  any unlicensed practice unauthorized use of a protected title 
 24.18  under this chapter may report the violation to the board 
 24.19  commissioner.  
 24.20     Subd. 2.  [INSTITUTIONS.] A state agency, political 
 24.21  subdivision, agency of a local unit of government, private 
 24.22  agency, hospital, clinic, prepaid medical plan, or other health 
 24.23  care institution or organization located in this state shall 
 24.24  report to the board commissioner any action taken by the agency, 
 24.25  institution, or organization or any of its administrators or 
 24.26  medical or other committees to revoke, suspend, restrict, or 
 24.27  condition an applicant's or a licensee's registrant's privilege 
 24.28  to practice or treat patients or clients in the institution, or 
 24.29  as part of the organization, any denial of privileges, or any 
 24.30  other disciplinary action for conduct that might constitute 
 24.31  grounds for disciplinary action by the board commissioner under 
 24.32  this chapter.  The institution or organization shall also report 
 24.33  the resignation of any applicants or licensees registrants prior 
 24.34  to the conclusion of any disciplinary action proceeding for 
 24.35  conduct that might constitute grounds for disciplinary action 
 24.36  under this chapter, or prior to the commencement of formal 
 25.1   charges but after the applicant or licensee registrant had 
 25.2   knowledge that formal charges were contemplated or in 
 25.3   preparation. 
 25.4      Subd. 3.  [PROFESSIONAL SOCIETIES OR ASSOCIATIONS.] A state 
 25.5   or local professional society or association for licensees 
 25.6   registrants shall forward to the board commissioner any 
 25.7   complaint received concerning the ethics or conduct of the 
 25.8   practice which the board commissioner regulates.  The society or 
 25.9   association shall forward a complaint to the board commissioner 
 25.10  upon receipt of the complaint.  The society or association shall 
 25.11  also report to the board commissioner any disciplinary action 
 25.12  taken against a member.  
 25.13     Subd. 4.  [LICENSED PROFESSIONALS.] (a) A licensed health 
 25.14  professional shall report to the board commissioner information 
 25.15  on the following conduct by an applicant or a licensee 
 25.16  registrant: 
 25.17     (1) sexual contact or sexual conduct with a client or a 
 25.18  former client; 
 25.19     (2) failure to make reports required by section 626.556 or 
 25.20  626.557; 
 25.21     (3) impairment in the ability to practice by reason of 
 25.22  illness, use of alcohol, drugs, or other chemicals, or as a 
 25.23  result of any mental or physical condition; 
 25.24     (4) improper or fraudulent billing practices, including 
 25.25  violations of the federal Medicare and Medicaid laws or state 
 25.26  medical assistance laws; 
 25.27     (5) fraud in the licensure registration application process 
 25.28  or any other false statements made to the board; 
 25.29     (6) conviction of a felony reasonably related to the 
 25.30  practice of social work, including conviction of the 
 25.31  psychotherapist sex crimes in chapter 609; and 
 25.32     (7) a violation of a board an order of the commissioner. 
 25.33     (b) A licensed health professional shall also report to the 
 25.34  board commissioner information on any other conduct by an 
 25.35  applicant or a licensee registrant that constitutes grounds for 
 25.36  disciplinary action under this chapter or the rules of the board 
 26.1   commissioner when the licensed health professional reasonably 
 26.2   believes, after appropriate assessment, that the client's 
 26.3   functioning has been or likely will be affected negatively by 
 26.4   the conduct, regardless of whether the conduct has ceased. 
 26.5      (c) Notwithstanding paragraphs (a) and (b), a licensed 
 26.6   health professional shall report to the board commissioner 
 26.7   knowledge of any actions which institutions must report under 
 26.8   subdivision 2. 
 26.9      Subd. 5.  [REPORTING OTHER LICENSED PROFESSIONALS.] An 
 26.10  applicant or a licensee registrant shall report to the 
 26.11  appropriate board conduct by a licensed health professional 
 26.12  which would constitute grounds for disciplinary action under the 
 26.13  chapter governing the practice of the other licensed health 
 26.14  professional and which is required by law to be reported to the 
 26.15  same board. 
 26.16     Subd. 6.  [INSURERS AND OTHER ENTITIES MAKING LIABILITY 
 26.17  PAYMENTS.] (a) Four times each year as prescribed by the 
 26.18  board commissioner, each insurer authorized to sell insurance 
 26.19  described in section 60A.06, subdivision 1, clause (13), and 
 26.20  providing professional liability insurance to licensees, or the 
 26.21  medical joint underwriting association under chapter 62F, shall 
 26.22  submit to the board commissioner a report concerning the 
 26.23  licensees registrants against whom malpractice settlements or 
 26.24  awards have been made to the plaintiff.  The report must contain 
 26.25  at least the following information:  
 26.26     (1) the total number of malpractice settlements or awards 
 26.27  made; 
 26.28     (2) the date the malpractice settlements or awards were 
 26.29  made; 
 26.30     (3) the allegations contained in the claim or complaint 
 26.31  leading to the settlements or awards made; 
 26.32     (4) the dollar amount of each malpractice settlement or 
 26.33  award; 
 26.34     (5) the regular address of the practice of the licensee 
 26.35  registrant against whom an award was made or with whom a 
 26.36  settlement was made; and 
 27.1      (6) the name of the licensee registrant against whom an 
 27.2   award was made or with whom a settlement was made.  
 27.3      (b) A medical clinic, hospital, political subdivision, or 
 27.4   other entity which makes professional liability insurance 
 27.5   payments on behalf of applicants or licensees registrants shall 
 27.6   submit to the board commissioner a report concerning malpractice 
 27.7   settlements or awards paid on behalf of applicants or licensees 
 27.8   registrants, and any settlements or awards paid by a clinic, 
 27.9   hospital, political subdivision, or other entity on its own 
 27.10  behalf because of care rendered by applicants or licensees 
 27.11  registrants.  This requirement excludes forgiveness of bills.  
 27.12  The report shall be made to the board within 30 days of payment 
 27.13  of all or part of any settlement or award. 
 27.14     (c) The insurance company or other entity making 
 27.15  professional liability insurance payments shall, in addition to 
 27.16  the information in paragraph (b), report to the board 
 27.17  commissioner any information it possesses that tends to 
 27.18  substantiate a charge, including the factual data underlying a 
 27.19  settlement, that an applicant or a licensee registrant may have 
 27.20  engaged in conduct violating this chapter.  
 27.21     Subd. 7.  [COURTS.] The court administrator of district 
 27.22  court or any other court of competent jurisdiction shall report 
 27.23  to the board commissioner any judgment or other determination of 
 27.24  the court that adjudges or includes a finding that an applicant 
 27.25  or a licensee registrant is mentally ill, mentally incompetent, 
 27.26  guilty of a felony, guilty of a violation of federal or state 
 27.27  narcotics laws or controlled substances act, or guilty of an 
 27.28  abuse or fraud under Medicare or Medicaid; or that appoints a 
 27.29  guardian of the applicant or licensee registrant pursuant to 
 27.30  sections 525.54 to 525.61 or commits an applicant or a licensee 
 27.31  registrant pursuant to chapter 253B.  
 27.32     Subd. 8.  [SELF-REPORTING.] An applicant or a licensee 
 27.33  registrant shall report to the board commissioner any personal 
 27.34  action that would require that a report be filed by any person, 
 27.35  health care facility, business, or organization pursuant to 
 27.36  subdivisions 2 to 7. 
 28.1      Subd. 9.  [DEADLINES; FORMS.] Reports required by 
 28.2   subdivisions 2 to 8 must be submitted not later than 30 days 
 28.3   after the occurrence of the reportable event or transaction.  
 28.4   The board commissioner may provide forms for the submission of 
 28.5   reports required by this section, may require that reports be 
 28.6   submitted on the forms provided, and may adopt rules necessary 
 28.7   to assure prompt and accurate reporting.  
 28.8      Subd. 10.  [SUBPOENAS.] The board commissioner may issue 
 28.9   subpoenas for the production of any reports required by 
 28.10  subdivisions 2 to 8 or any related documents. 
 28.11     Sec. 21.  Minnesota Statutes 2000, section 148B.284, 
 28.12  subdivision 2, is amended to read: 
 28.13     Subd. 2.  [INVESTIGATION.] Board members and The 
 28.14  commissioner and department employees; persons engaged on behalf 
 28.15  of the board commissioner in the investigation of violations and 
 28.16  in the preparation, presentation, and management of and 
 28.17  testimony pertaining to charges of violations; and persons 
 28.18  engaged in monitoring compliance with statutes, rules, board 
 28.19  orders of the commissioner, or corrective action agreements are 
 28.20  immune from civil liability and criminal prosecution for any 
 28.21  actions, transactions, or publications in the execution of, or 
 28.22  relating to, their duties under this chapter.  
 28.23     Sec. 22.  Minnesota Statutes 2000, section 148B.285, is 
 28.24  amended to read: 
 28.25     148B.285 [DISCLOSURE.] 
 28.26     Subdivision 1.  [CONTESTED CASE PROCEEDINGS.] (a) Upon 
 28.27  application of a party in a board hearing or a contested case 
 28.28  hearing before the board commissioner, the board commissioner 
 28.29  shall produce and permit the inspection and copying, by or on 
 28.30  behalf of the moving party, of any designated documents or 
 28.31  papers relevant to the proceedings, in accordance with rule 34, 
 28.32  Minnesota rules of civil procedure. 
 28.33     (b) The board hearing before the commissioner or contested 
 28.34  case hearing shall be open to the public, except that the board 
 28.35  commissioner or administrative law judge shall close the hearing 
 28.36  for testimony by clients, and testimony and argument about 
 29.1   clients. 
 29.2      (c) Notwithstanding section 13.41, information which may 
 29.3   identify a client, client records, and licensee registrant 
 29.4   health records are private data during the contested case 
 29.5   hearing, as part of the hearing record, and as part of any 
 29.6   appellate or other court record. 
 29.7      (d) Clients may waive the protections afforded by this 
 29.8   subdivision. 
 29.9      Subd. 2.  [INFORMATION ON DISCIPLINARY ACTIONS.] If the 
 29.10  board commissioner imposes disciplinary measures or takes 
 29.11  disciplinary action of any kind, the name and business address 
 29.12  of the licensee registrant, the nature of the misconduct, and 
 29.13  the action taken by the board commissioner, including all 
 29.14  settlement agreements and other board orders of the 
 29.15  commissioner, are public data. 
 29.16     Subd. 3.  [EXCHANGE OF INFORMATION.] The board commissioner 
 29.17  shall exchange information with other boards, agencies, or 
 29.18  departments within the state, as required under section 214.10, 
 29.19  subdivision 8, paragraph (c). 
 29.20     Subd. 4.  [INFORMATION TO THE COMPLAINANT.] The board 
 29.21  commissioner shall furnish to a person who made a complaint a 
 29.22  statement of the result of an investigation of the complaint and 
 29.23  a description of the activities and actions of the board 
 29.24  commissioner relating to the complaint. 
 29.25     Subd. 5.  [CLASSIFICATION OF CERTAIN RESIDENCE ADDRESSES 
 29.26  AND TELEPHONE NUMBERS.] Notwithstanding section 13.41, 
 29.27  subdivision 2 or 4, the residence address and telephone number 
 29.28  of an applicant or licensee registrant are private data on 
 29.29  individuals as defined in section 13.02, subdivision 12, if the 
 29.30  applicant or licensee registrant so requests and provides an 
 29.31  alternative address and telephone number. 
 29.32     Subd. 6.  [PUBLICATION OF DISCIPLINARY ACTIONS.] At least 
 29.33  annually, each board the commissioner shall publish and release 
 29.34  to the public a description of all disciplinary measures or 
 29.35  actions taken by the board commissioner.  The publication must 
 29.36  include, for each disciplinary measure or action taken, the name 
 30.1   and business address of the licensee registrant, the nature of 
 30.2   the misconduct, and the measure or action taken by the board 
 30.3   commissioner. 
 30.4      Sec. 23.  Minnesota Statutes 2000, section 148B.286, is 
 30.5   amended to read: 
 30.6      148B.286 [PROFESSIONAL ACCOUNTABILITY.] 
 30.7      Subdivision 1.  [INVESTIGATION.] The board commissioner 
 30.8   shall maintain and keep current a file containing the reports 
 30.9   and complaints filed against applicants or licensees registrants 
 30.10  within the board's commissioner's jurisdiction.  Each complaint 
 30.11  filed with the board commissioner pursuant to chapter 214 must 
 30.12  be investigated according to chapter 214.  If the files 
 30.13  maintained by the board commissioner show that a malpractice 
 30.14  settlement or award to the plaintiff has been made against an 
 30.15  applicant or a licensee registrant as reported by insurers under 
 30.16  section 148B.283, the executive director of the board shall 
 30.17  notify the board and the board commissioner may authorize a 
 30.18  review of the provider's practice. 
 30.19     Subd. 2.  [ATTORNEY GENERAL INVESTIGATES.] When the 
 30.20  board commissioner initiates a review of an applicant's or a 
 30.21  licensee's registrant's practice it shall notify the attorney 
 30.22  general who shall investigate the matter in the same manner as 
 30.23  provided in chapter 214.  If an investigation is to be made, the 
 30.24  attorney general shall notify the applicant or licensee 
 30.25  registrant, and, if the incident being investigated occurred 
 30.26  there, the administrator and chief of staff at the health care 
 30.27  facilities or clinics in which the professional serves, if 
 30.28  applicable. 
 30.29     Subd. 3.  [ACCESS TO RECORDS.] The board commissioner shall 
 30.30  be allowed access to any records of a client provided services 
 30.31  by the applicant or licensee registrant under review.  If the 
 30.32  client has not signed a consent permitting access, the 
 30.33  applicant, licensee registrant, or custodian of the records 
 30.34  shall first delete the client's name or other client identifiers 
 30.35  before providing the records to the board commissioner.  
 30.36     Sec. 24.  Minnesota Statutes 2000, section 148B.287, is 
 31.1   amended to read: 
 31.2      148B.287 [MALPRACTICE HISTORY.] 
 31.3      Subdivision 1.  [SUBMISSION.] Licensees Registrants or 
 31.4   applicants for licensure who have previously practiced in 
 31.5   another state shall submit with their application the following 
 31.6   information:  
 31.7      (1) number, date, and disposition of any malpractice 
 31.8   settlement or award made relating to the quality of services 
 31.9   provided by the licensee registrant or applicant; and 
 31.10     (2) number, date, and disposition of any civil litigations 
 31.11  or arbitrations relating to the quality of services provided by 
 31.12  the licensee registrant or applicant in which the party 
 31.13  complaining against the licensee registrant or applicant 
 31.14  prevailed or otherwise received a favorable decision or order.  
 31.15     Subd. 2.  [BOARD COMMISSIONER ACTION.] The board 
 31.16  commissioner shall give due consideration to the information 
 31.17  submitted under this section.  A licensee registrant or 
 31.18  applicant for licensure who willfully submits incorrect 
 31.19  information is subject to disciplinary action under this chapter.
 31.20     Sec. 25.  Minnesota Statutes 2000, section 148B.288, is 
 31.21  amended to read: 
 31.22     148B.288 [EVIDENCE OF PAST SEXUAL CONDUCT.] 
 31.23     In a proceeding for the suspension or revocation of the 
 31.24  right to practice use a protected title or other disciplinary or 
 31.25  adverse action involving sexual contact with a client or former 
 31.26  client, the board commissioner or administrative law judge shall 
 31.27  not consider evidence of the client's previous sexual conduct 
 31.28  nor shall any reference to this conduct be made during the 
 31.29  proceedings or in the findings, except by motion of the 
 31.30  complainant, unless the evidence would be admissible under the 
 31.31  applicable provisions of section 609.347, subdivision 3. 
 31.32     Sec. 26.  Minnesota Statutes 2000, section 148B.289, is 
 31.33  amended to read: 
 31.34     148B.289 [TAX CLEARANCE CERTIFICATE.] 
 31.35     Subdivision 1.  [CERTIFICATE REQUIRED.] The board 
 31.36  commissioner may not issue or renew a license registration if 
 32.1   the commissioner of revenue notifies the board commissioner and 
 32.2   the licensee registrant or applicant for a license registration 
 32.3   that the licensee registrant or applicant owes the state 
 32.4   delinquent taxes in the amount of $500 or more.  The board 
 32.5   commissioner may issue or renew a license registration or filing 
 32.6   only if the commissioner of revenue issues a tax clearance 
 32.7   certificate and the commissioner of revenue or the 
 32.8   licensee registrant or applicant forwards a copy of the 
 32.9   clearance to the board commissioner.  The commissioner of 
 32.10  revenue may issue a clearance certificate only if the licensee 
 32.11  registrant or applicant does not owe the state any uncontested 
 32.12  delinquent taxes.  For purposes of this section, "taxes" means 
 32.13  all taxes payable to the commissioner of revenue, including 
 32.14  penalties and interest due on those taxes.  "Delinquent taxes" 
 32.15  do not include a tax liability if (1) an administrative or court 
 32.16  action that contests the amount or validity of the liability has 
 32.17  been filed or served, (2) the appeal period to contest the tax 
 32.18  liability has not expired, or (3) the licensee registrant or 
 32.19  applicant has entered into a payment agreement to pay the 
 32.20  liability and is current with the payments. 
 32.21     Subd. 2.  [HEARING.] In lieu of the notice and hearing 
 32.22  requirements of section 148B.281, when a licensee registrant or 
 32.23  applicant is required to obtain a clearance certificate under 
 32.24  this subdivision, a contested case hearing must be held if the 
 32.25  licensee registrant or applicant requests a hearing in writing 
 32.26  to the commissioner of revenue within 30 days of the date of the 
 32.27  notice required in subdivision 1.  The hearing must be held 
 32.28  within 45 days of the date the commissioner of revenue refers 
 32.29  the case to the office of administrative hearings.  
 32.30  Notwithstanding any other law, the licensee registrant or 
 32.31  applicant must be served with 20 days' notice in writing 
 32.32  specifying the time and place of the hearing and the allegations 
 32.33  against the licensee registrant or applicant.  The notice may be 
 32.34  served personally or by mail. 
 32.35     Subd. 3.  [INFORMATION REQUIRED.] The board commissioner 
 32.36  shall require all licensees registrants or applicants to provide 
 33.1   their social security number and Minnesota business 
 33.2   identification number on all license registration applications.  
 33.3   Upon request of the commissioner of revenue, the board 
 33.4   commissioner must provide to the commissioner of revenue a list 
 33.5   of all licensees registrants and applicants, including the name 
 33.6   and address, social security number, and business identification 
 33.7   number.  The commissioner of revenue may request a list of the 
 33.8   licensees registrants and applicants no more than once each 
 33.9   calendar year. 
 33.10     Sec. 27.  Minnesota Statutes 2000, section 214.01, 
 33.11  subdivision 2, is amended to read: 
 33.12     Subd. 2.  [HEALTH-RELATED LICENSING BOARD.] "Health-related 
 33.13  licensing board" means the board of examiners of nursing home 
 33.14  administrators established pursuant to section 144A.19, the 
 33.15  office of unlicensed complementary and alternative health care 
 33.16  practice established pursuant to section 146A.02, the board of 
 33.17  medical practice created pursuant to section 147.01, the board 
 33.18  of nursing created pursuant to section 148.181, the board of 
 33.19  chiropractic examiners established pursuant to section 148.02, 
 33.20  the board of optometry established pursuant to section 148.52, 
 33.21  the board of physical therapy established pursuant to section 
 33.22  148.67, the board of psychology established pursuant to section 
 33.23  148.90, the board of social work pursuant to section 148B.19, 
 33.24  the board of marriage and family therapy pursuant to section 
 33.25  148B.30, the office of mental health practice established 
 33.26  pursuant to section 148B.61, the alcohol and drug counselors 
 33.27  licensing advisory council established pursuant to section 
 33.28  148C.02, the board of dietetics and nutrition practice 
 33.29  established under section 148.622, the board of dentistry 
 33.30  established pursuant to section 150A.02, the board of pharmacy 
 33.31  established pursuant to section 151.02, the board of podiatric 
 33.32  medicine established pursuant to section 153.02, and the board 
 33.33  of veterinary medicine, established pursuant to section 156.01. 
 33.34     Sec. 28.  [INSTRUCTIONS TO REVISOR.] 
 33.35     (a) The revisor shall delete "board of social work" or 
 33.36  "social work licensing board" and insert "commissioner of 
 34.1   health" in Minnesota Statutes, sections 13.383, subdivision 10; 
 34.2   148B.60, subdivision 3; and 214.10, and shall delete "social 
 34.3   work" and "social worker" in Minnesota Statutes, sections 214.04 
 34.4   and 214.16.  
 34.5      (b) The revisor shall delete "licensed social worker" and 
 34.6   insert "registered social worker" or delete "licensed social 
 34.7   workers" and insert "registered social workers" in sections 
 34.8   62A.46, subdivision 5; 62Q.095, subdivision 5; 148C.11, 
 34.9   subdivision 1; 253B.02, subdivision 9; and 595.02, subdivision 1.
 34.10     Sec. 29.  [REPEALER.] 
 34.11     Minnesota Statutes 2000, sections 148B.18, subdivisions 3, 
 34.12  4a, 8, and 9; 148B.19; and 148B.28, are repealed.