HF 2036

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to social work; changing licensing provisions for social work; amending
Minnesota Statutes 2006, sections 148D.050, subdivision 1; 148D.055,
subdivisions 2, 3, 4, 5, by adding a subdivision; 148D.060, subdivision 13;
148D.120, subdivision 2; 148D.125, subdivision 1; proposing coding for new
law in Minnesota Statutes, chapter 148D.

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

Section 1.

Minnesota Statutes 2006, section 148D.050, subdivision 1, is amended to
read:

Subdivision 1.

Requirements.

deleted text begin The practice of social work deleted text end new text begin A person licensed under
section 148D.055 or 148D.061 new text end must comply with the requirements of subdivision 2,
3, 4, or 5.

Sec. 2.

Minnesota Statutes 2006, section 148D.055, subdivision 2, is amended to read:

Subd. 2.

Qualifications for licensure by examination as a licensed social worker.

(a) deleted text begin Except as provided in paragraph (i), deleted text end To be licensed as a licensed social worker, an
applicant for licensure by examination must provide evidence satisfactory to the board
that the applicant:

(1) has received a baccalaureate 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 accreditation body designated by the board;

(2) has passed the bachelors or equivalent examination administered by the
Association of Social Work Boards or a similar examination body designated by the board.
Unless an applicant applies for licensure by endorsement pursuant to subdivision 7, an
examination is not valid if it was taken and passed eight or more years prior to submitting
a completed, signed application form provided by the board. The examination may be
taken prior to completing degree requirements;

(3) has submitted a completed, signed application form provided by the board,
including the applicable application fee specified in section 148D.180. For applications
submitted electronically, a "signed application" means providing an attestation as specified
by the board;

(4) has submitted the criminal background check fee and a form provided by the
board authorizing a criminal background check pursuant to subdivision 8;

(5) has paid the applicable license fee specified in section 148D.180; and

(6) has not engaged in conduct that was or would be in violation of the standards
of practice specified in sections 148D.195 to 148D.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 pursuant to sections 148D.255 to 148D.270.

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

(c) A licensee granted a license by the board pursuant to paragraph (a) must meet
the supervised practice requirements specified in sections 148D.100 to 148D.125. If a
licensee does not meet the supervised practice requirements, the board may take action
pursuant to sections 148D.255 to 148D.270.

(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.

(e) Within one year of the time the board receives an application for licensure, the
applicant must meet all the requirements specified in paragraph (a) and must provide all of
the information requested by the board pursuant to paragraph (d). If within one year the
applicant does not meet all the requirements, or does not provide all of the information
requested, the applicant is considered ineligible and the application for licensure must
be closed.

(f) Except as provided in paragraph (g), an applicant may not take more than three
times the bachelors or equivalent examination administered by the Association of Social
Work Boards, or a similar examination body designated by the board. An applicant must
receive a passing score on the bachelors or equivalent examination administered by the
Association of Social Work Boards or a similar examination body designated by the board
in no more than 18 months after the date the applicant first failed the examination.

(g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a
fourth or subsequent time, the bachelors or equivalent examination administered by the
Association of Social Work Boards or a similar examination body designated by the
board if the applicant:

(1) meets all requirements specified in paragraphs (a) to (e) other than passing the
bachelors or equivalent examination administered by the Association of Social Work
Boards or a similar examination body designated by the board;

(2) provides to the board a description of the efforts the applicant has made to
improve the applicant's score and demonstrates to the board's satisfaction that the efforts
are likely to improve the score; and

(3) provides to the board letters of recommendation from two licensed social workers
attesting to the applicant's ability to practice social work competently and ethically in
accordance with professional social work knowledge, skills, and values.

(h) An individual must not practice social work until the individual passes the
examination and receives a social work license under this section or section 148D.060. If
the board has reason to believe that an applicant may be practicing social work without a
license, and the applicant has failed the bachelors or equivalent examination administered
by the Association of Social Work Boards or a similar examination body designated by
the board, the board may notify the applicant's employer that the applicant is not licensed
as a social worker.

deleted text begin (i) An applicant who was born in a foreign country, who has taken and failed to
pass the examination specified in paragraph (a), clause (2), at least once since January
1, 2000, and for whom English is a second language, is eligible for licensure as a social
worker if the applicant:
deleted text end

deleted text begin (1) provides evidence to the board of compliance with the requirements in paragraph
(a), clauses (1) and (3) to (6), and in paragraphs (b) to (e) and (h); and
deleted text end

deleted text begin (2) provides to the board letters of recommendation and experience ratings from two
licensed social workers and one professor from the applicant's social work program who
can attest to the applicant's competence.
deleted text end

deleted text begin This paragraph expires August 1, 2007.
deleted text end

Sec. 3.

Minnesota Statutes 2006, section 148D.055, subdivision 3, is amended to read:

Subd. 3.

Qualifications for licensure by examination as licensed graduate
social worker.

(a) deleted text begin Except as provided in paragraph (i), deleted text end To be licensed as a licensed
graduate social worker, an applicant for licensure by examination must provide evidence
satisfactory to the board that the applicant:

(1) has received 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 accreditation body designated by the board;

(2) has passed the masters or equivalent examination administered by the Association
of Social Work Boards or a similar examination body designated by the board. Unless an
applicant applies for licensure by endorsement pursuant to section 148D.055, subdivision
7, an examination is not valid if it was taken and passed eight or more years prior to
submitting a completed, signed application form provided by the board. The examination
may be taken prior to completing degree requirements;

(3) has submitted a completed, signed application form provided by the board,
including the applicable application fee specified in section 148D.180. For applications
submitted electronically, a "signed application" means providing an attestation as specified
by the board;

(4) has submitted the criminal background check fee and a form provided by the
board authorizing a criminal background check pursuant to subdivision 8;

(5) has paid the applicable license fee specified in section 148D.180; and

(6) has not engaged in conduct that was or would be in violation of the standards
of practice specified in sections 148D.195 to 148D.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 pursuant to sections 148D.255 to 148D.270.

(b) An application which is not completed and signed, or which is not accompanied
by the correct fee, must be returned to the applicant, along with any fee submitted, and is
void.

(c) A licensee granted a license by the board pursuant to paragraph (a) must meet
the supervised practice requirements specified in sections 148D.100 to 148D.125. If a
licensee does not meet the supervised practice requirements, the board may take action
pursuant to sections 148D.255 to 148D.270.

(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.

(e) Within one year of the time the board receives an application for licensure, the
applicant must meet all the requirements specified in paragraph (a) and must provide all of
the information requested by the board pursuant to paragraph (d). If within one year the
applicant does not meet all the requirements, or does not provide all of the information
requested, the applicant is considered ineligible and the application for licensure must
be closed.

(f) Except as provided in paragraph (g), an applicant may not take more than three
times the masters or equivalent examination administered by the Association of Social
Work Boards or a similar examination body designated by the board. An applicant must
receive a passing score on the masters or equivalent examination administered by the
Association of Social Work Boards or a similar examination body designated by the board
in no more than 18 months after the date the applicant first failed the examination.

(g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a
fourth or subsequent time, the masters or equivalent examination administered by the
Association of Social Work Boards or a similar examination body designated by the
board if the applicant:

(1) meets all requirements specified in paragraphs (a) to (e) other than passing the
masters or equivalent examination administered by the Association of Social Work boards
or a similar examination body designated by the board;

(2) provides to the board a description of the efforts the applicant has made to
improve the applicant's score and demonstrates to the board's satisfaction that the efforts
are likely to improve the score; and

(3) provides to the board letters of recommendation from two licensed social workers
attesting to the applicant's ability to practice social work competently and ethically in
accordance with professional social work knowledge, skills, and values.

(h) An individual must not practice social work until the individual passes the
examination and receives a social work license under this section or section 148D.060. If
the board has reason to believe that an applicant may be practicing social work without a
license, and the applicant has failed the masters or equivalent examination administered
by the Association of Social Work Boards or a similar examination body designated by
the board, the board may notify the applicant's employer that the applicant is not licensed
as a social worker.

deleted text begin (i) An applicant who was born in a foreign country, who has taken and failed to
pass the examination specified in paragraph (a), clause (2), at least once since January
1, 2000, and for whom English is a second language, is eligible for licensure as a social
worker if the applicant:
deleted text end

deleted text begin (1) provides evidence to the board of compliance with the requirements in paragraph
(a), clauses (1) and (3) to (6), and in paragraphs (b) to (e) and (h); and
deleted text end

deleted text begin (2) provides to the board letters of recommendation and experience ratings from two
licensed social workers and one professor from the applicant's social work program who
can attest to the applicant's competence.
deleted text end

deleted text begin This paragraph expires August 1, 2007.
deleted text end

Sec. 4.

Minnesota Statutes 2006, section 148D.055, subdivision 4, is amended to read:

Subd. 4.

Licensure by examination; licensed independent social worker.

deleted text begin (a) Except as provided in paragraph (i), deleted text end To be licensed as a licensed independent social
worker, an applicant for licensure by examination must provide evidence satisfactory
to the board that the applicant:

(1) has received 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 accreditation body designated by the board;

(2) has practiced social work as defined in section 148D.010, and has met the
supervised practice requirements specified in sections 148D.100 to 148D.125;

(3) has passed the advanced generalist or equivalent examination administered by
the Association of Social Work Boards or a similar examination body designated by the
board. Unless an applicant applies for licensure by endorsement pursuant to subdivision
7, an examination is not valid if it was taken and passed eight or more years prior to
submitting a completed, signed application form provided by the board;

(4) has submitted a completed, signed application form provided by the board,
including the applicable application fee specified in section 148D.180. For applications
submitted electronically, a "signed application" means providing an attestation as specified
by the board;

(5) has submitted the criminal background check fee and a form provided by the
board authorizing a criminal background check pursuant to subdivision 8;

(6) has paid the applicable license fee specified in section 148D.180; and

(7) has not engaged in conduct that was or would be in violation of the standards
of practice specified in sections 148D.195 to 148D.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 pursuant to sections 148D.255 to 148D.270.

(b) An application which is not completed and signed, or which is not accompanied
by the correct fee, must be returned to the applicant, along with any fee submitted, and is
void.

(c) A licensed independent social worker who practices clinical social work must
meet the supervised practice requirements specified in sections 148D.100 to 148D.125. If
a licensee does not meet the supervised practice requirements, the board may take action
pursuant to sections 148D.255 to 148D.270.

(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.

(e) Within one year of the time the board receives an application for licensure, the
applicant must meet all the requirements specified in paragraph (a) and must provide all of
the information requested by the board pursuant to paragraph (d). If within one year the
applicant does not meet all the requirements, or does not provide all of the information
requested, the applicant is considered ineligible and the application for licensure must
be closed.

(f) Except as provided in paragraph (g), an applicant may not take more than
three times the advanced generalist or equivalent examination administered by the
Association of Social Work Boards or a similar examination body designated by the
board. An applicant must receive a passing score on the masters or equivalent examination
administered by the Association of Social Work Boards or a similar examination body
designated by the board in no more than 18 months after the first time the applicant failed
the examination.

(g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a
fourth or subsequent time, the advanced generalist or equivalent examination administered
by the Association of Social Work Boards or a similar examination body designated by
the board if the applicant:

(1) meets all requirements specified in paragraphs (a) to (e) other than passing the
advanced generalist or equivalent examination administered by the Association of Social
Work Boards or a similar examination body designated by the board;

(2) provides to the board a description of the efforts the applicant has made to
improve the applicant's score and demonstrates to the board's satisfaction that the efforts
are likely to improve the score; and

(3) provides to the board letters of recommendation from two licensed social workers
attesting to the applicant's ability to practice social work competently and ethically in
accordance with professional social work knowledge, skills, and values.

(h) An individual must not practice social work until the individual passes the
examination and receives a social work license under this section or section 148D.060. If
the board has reason to believe that an applicant may be practicing social work without a
license, except as provided in section 148D.065, and the applicant has failed the advanced
generalist or equivalent examination administered by the Association of Social Work
Boards or a similar examination body designated by the board, the board may notify the
applicant's employer that the applicant is not licensed as a social worker.

deleted text begin (i) An applicant who was born in a foreign country, who has taken and failed to
pass the examination specified in paragraph (a), clause (3), at least once since January
1, 2000, and for whom English is a second language, is eligible for licensure as a social
worker if the applicant:
deleted text end

deleted text begin (1) provides evidence to the board of compliance with the requirements in paragraph
(a), clauses (1), (2), and (4) to (7), and in paragraphs (b) to (e) and (h); and
deleted text end

deleted text begin (2) provides to the board letters of recommendation and experience ratings from two
licensed social workers and one professor from the applicant's social work program who
can attest to the applicant's competence.
deleted text end

deleted text begin This paragraph expires August 1, 2007.
deleted text end

Sec. 5.

Minnesota Statutes 2006, section 148D.055, subdivision 5, is amended to read:

Subd. 5.

Licensure by examination; licensed independent clinical social worker.

(a) deleted text begin Except as provided in paragraph (h), deleted text end To be licensed as a licensed independent
clinical social worker, an applicant for licensure by examination must provide evidence
satisfactory to the board that the applicant:

(1) has received 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 accreditation body designated by the board;

(2) has practiced clinical social work as defined in section 148D.010, including both
diagnosis and treatment, and has met the supervised practice requirements specified in
sections 148D.100 to 148D.125;

(3) has passed the clinical or equivalent examination administered by the Association
of Social Work Boards or a similar examination body designated by the board. Unless an
applicant applies for licensure by endorsement pursuant to subdivision 7, an examination
is not valid if it was taken and passed eight or more years prior to submitting a completed,
signed application form provided by the board;

(4) has submitted a completed, signed application form provided by the board,
including the applicable application fee specified in section 148D.180. For applications
submitted electronically, a "signed application" means providing an attestation as specified
by the board;

(5) has submitted the criminal background check fee and a form provided by the
board authorizing a criminal background check pursuant to subdivision 8;

(6) has paid the license fee specified in section 148D.180; and

(7) has not engaged in conduct that was or would be in violation of the standards
of practice specified in sections 148D.195 to 148D.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 pursuant to sections 148D.255 to 148D.270.

(b) An application which is not completed and signed, or which is not accompanied
by the correct fee, must be returned to the applicant, along with any fee submitted, and is
void.

(c) 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.

(d) Within one year of the time the board receives an application for licensure, the
applicant must meet all the requirements specified in paragraph (a) and must provide all of
the information requested by the board pursuant to paragraph (c). If within one year the
applicant does not meet all the requirements, or does not provide all of the information
requested, the applicant is considered ineligible and the application for licensure must
be closed.

(e) Except as provided in paragraph (f), an applicant may not take more than three
times the clinical or equivalent examination administered by the Association of Social
Work Boards or a similar examination body designated by the board. An applicant must
receive a passing score on the clinical or equivalent examination administered by the
Association of Social Work Boards or a similar examination body designated by the board
no later than 18 months after the first time the applicant failed the examination.

(f) Notwithstanding paragraph (e), the board may allow an applicant to take, for a
fourth or subsequent time, the clinical or equivalent examination administered by the
Association of Social Work Boards or a similar examination body designated by the
board if the applicant:

(1) meets all requirements specified in paragraphs (a) to (d) other than passing the
clinical or equivalent examination administered by the Association of Social Work Boards
or a similar examination body designated by the board;

(2) provides to the board a description of the efforts the applicant has made to
improve the applicant's score and demonstrates to the board's satisfaction that the efforts
are likely to improve the score; and

(3) provides to the board letters of recommendation from two licensed social workers
attesting to the applicant's ability to practice social work competently and ethically in
accordance with professional social work knowledge, skills, and values.

(g) An individual must not practice social work until the individual passes the
examination and receives a social work license under this section or section 148D.060. If
the board has reason to believe that an applicant may be practicing social work without a
license, and the applicant has failed the clinical or equivalent examination administered
by the Association of Social Work Boards or a similar examination body designated by
the board, the board may notify the applicant's employer that the applicant is not licensed
as a social worker.

deleted text begin (h) An applicant who was born in a foreign country, who has taken and failed to
pass the examination specified in paragraph (a), clause (3), at least once since January
1, 2000, and for whom English is a second language, is eligible for licensure as a social
worker if the applicant:
deleted text end

deleted text begin (1) provides evidence to the board of compliance with the requirements in paragraph
(a), clauses (1), (2), and (4) to (7), and paragraphs (b) to (d) and (g); and
deleted text end

deleted text begin (2) provides to the board letters of recommendation and experience ratings from two
licensed social workers and one professor from the applicant's social work program who
can attest to the applicant's competence.
deleted text end

deleted text begin This paragraph expires August 1, 2007.
deleted text end

Sec. 6.

Minnesota Statutes 2006, section 148D.055, is amended by adding a
subdivision to read:

new text begin Subd. 7a. new text end

new text begin Provisional licensure. new text end

new text begin An applicant for provisional licensure must meet
the license requirements in subdivisions 2 to 8, except the applicant does not have to
pass an examination administered by the Association of Social Work Boards or a similar
examination body designated by the board.
new text end

Sec. 7.

Minnesota Statutes 2006, section 148D.060, subdivision 13, is amended to read:

Subd. 13.

Revocation of temporary license.

The board may immediately revoke
the temporary license of any licensee who violates any requirements of this section. The
revocation must be made for cause deleted text begin , without notice or opportunity to be heard deleted text end . A licensee
whose temporary license is revoked must immediately return the temporary license to
the board.

Sec. 8.

new text begin [148D.061] PROVISIONAL LICENSES.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements for a provisional license. new text end

new text begin An applicant may be
issued a provisional license if the applicant:
new text end

new text begin (1) was born in a foreign country;
new text end

new text begin (2) communicates in English as a second language;
new text end

new text begin (3) has failed the Association of Social Work Boards examination a second time in
no more than 12 months after the date the applicant first failed the examination;
new text end

new text begin (4) has met all other requirements for licensure; and
new text end

new text begin (5) complies with the requirements of subdivisions 2 to 7.
new text end

new text begin Subd. 2. new text end

new text begin License term. new text end

new text begin (a) A provisional license is valid until expiration, or until
the board issues or denies a license under section 148D.055, or until the board revokes the
provisional license, whichever occurs first.
new text end

new text begin (b) A provisional license expires three years after the effective date of the license.
new text end

new text begin Subd. 3. new text end

new text begin Scope of practice. new text end

new text begin A licensee who is issued a provisional license must
comply with the requirements of section 148D.050.
new text end

new text begin Subd. 4. new text end

new text begin Fee. new text end

new text begin A licensee who is issued a provisional license must pay the
appropriate license fee specified in section 148D.180.
new text end

new text begin Subd. 5. new text end

new text begin Supervised practice requirements. new text end

new text begin A licensee who is issued a provisional
license must document supervised practice as provided in section 148D.062. If a licensee
issued a provisional license is granted a license under section 148D.055, the licensee
must also meet the supervised practice requirements in sections 148D.100 to 148D.115.
The supervised practice completed under a provisional license does not apply to this
requirement.
new text end

new text begin Subd. 6. new text end

new text begin Evaluation by supervisor. new text end

new text begin (a) After being issued a provisional license
under subdivision 1, the licensee must submit an evaluation by the licensee's supervisor
every six months during the first 2,000 hours of social work practice. The evaluation must
meet the requirements in section 148D.063. The supervisor must meet the eligibility
requirements specified in section 148D.062.
new text end

new text begin (b) After completion of 2,000 hours of supervised social work practice, the licensee's
supervisor must submit a final evaluation and attest to the applicant's ability to engage in
the practice of social work safely and competently.
new text end

new text begin Subd. 7. new text end

new text begin Completion of requirements. new text end

new text begin Upon completion of the requirements for
a provisional license under subdivisions 1 to 8, an applicant shall not practice social
work in Minnesota except as provided in section 148D.065, unless licensed according to
section 148D.055.
new text end

new text begin Subd. 8. new text end

new text begin Disciplinary or other action. new text end

new text begin The board may take action according to
sections 148D.260 to 148D.270 if:
new text end

new text begin (1) the licensee's supervisor does not submit an evaluation as required by section
148D.062;
new text end

new text begin (2) an evaluation submitted according to section 148D.062 indicates that the licensee
cannot practice social work competently and safely; or
new text end

new text begin (3) the licensee does not comply with the requirements of subdivisions 1 to 7.
new text end

new text begin Subd. 9. new text end

new text begin Revocation of provisional license. new text end

new text begin The board may immediately revoke
the provisional license of a licensee who violates any requirements of this section. The
revocation must be made for cause. A licensee whose provisional license is revoked must
immediately return the provisional license to the board.
new text end

Sec. 9.

new text begin [148D.062] PROVISIONAL LICENSE; SUPERVISED PRACTICE.
new text end

new text begin Subdivision 1. new text end

new text begin Supervision required after licensure. new text end

new text begin After receiving a provisional
license from the board, the licensee must obtain at least 37.5 hours of supervision
according to the requirements of this section.
new text end

new text begin Subd. 2. new text end

new text begin Practice requirements. new text end

new text begin The supervision required by subdivision 1 must
be obtained during the first 2,000 hours of social work practice after the effective date
of the provisional license. At least three hours of supervision must be obtained during
every 160 hours of practice.
new text end

new text begin Subd. 3. new text end

new text begin Types of supervision. new text end

new text begin (a) Twenty-five hours of supervision required by
subdivision 1 must consist of one-on-one in-person supervision.
new text end

new text begin (b) Twelve and one-half hours of supervision must consist of one or more of the
following types of supervision:
new text end

new text begin (1) in-person one-on-one supervision; or
new text end

new text begin (2) in-person group supervision.
new text end

new text begin (c) To qualify as in-person group supervision, the group must not exceed seven
members including the supervisor.
new text end

new text begin Subd. 4. new text end

new text begin Supervisor requirements. new text end

new text begin (a) The supervision required by subdivision
1 must be provided by a supervisor who meets the requirements in section 148D.120
and has either:
new text end

new text begin (1) 5,000 hours experience engaged in authorized social work practice; or
new text end

new text begin (2) completed 30 hours of training in supervision, which may be satisfied by
completing academic coursework in supervision or continuing education courses in
supervision as defined in section 148D.010, subdivision 16.
new text end

new text begin (b) Supervision must be provided:
new text end

new text begin (1) if the supervisee is not engaged in clinical practice and the supervisee has a
provisional license to practice as a licensed social worker, by a licenced social worker
who has completed the supervised practice requirements;
new text end

new text begin (2) if the supervisee is not engaged in clinical practice and the supervisee has a
provisional license to practice as a licensed graduate social worker, licensed independent
social worker, or licensed independent clinical social worker, by:
new text end

new text begin (i) a licensed graduate social worker who has completed the supervised practice
requirements;
new text end

new text begin (ii) a licensed independent social worker; or
new text end

new text begin (iii) a licensed independent clinical social worker;
new text end

new text begin (3) if the supervisee is engaged in clinical practice and the supervisee has a
provisional license to practice as a licensed graduate social worker, licensed independent
social worker, or licensed independent clinical social worker, by a licensed independent
clinical social worker; or
new text end

new text begin (4) by a supervisor who meets the requirements in section 148D.120, subdivision 2.
new text end

new text begin Subd. 5. new text end

new text begin Expiration. new text end

new text begin This section expires August 1, 2011.
new text end

Sec. 10.

new text begin [148D.063] PROVISIONAL LICENSE; DOCUMENTATION OF
SUPERVISION.
new text end

new text begin Subdivision 1. new text end

new text begin Supervision plan. new text end

new text begin (a) An applicant granted a provisional license
must submit, on a form provided by the board, a supervision plan for meeting the
supervision requirements in section 148D.062.
new text end

new text begin (b) The supervision plan must be submitted no later than 30 days after the licensee
begins a social work practice position.
new text end

new text begin (c) The board may revoke a licensee's provisional license for failure to submit the
supervision plan within 30 days after beginning a social work practice position.
new text end

new text begin (d) The supervision plan must include the following:
new text end

new text begin (1) the name of the supervisee, the name of the agency in which the supervisee is
being supervised, and the supervisee's position title;
new text end

new text begin (2) the name and qualifications of the person providing the supervision;
new text end

new text begin (3) the number of hours of one-on-one in-person supervision and the number and
type of additional hours of supervision to be completed by the supervisee;
new text end

new text begin (4) the supervisee's position description;
new text end

new text begin (5) a brief description of the supervision the supervisee will receive in the following
content areas:
new text end

new text begin (i) clinical practice, if applicable;
new text end

new text begin (ii) development of professional social work knowledge, skills, and values;
new text end

new text begin (iii) practice methods;
new text end

new text begin (iv) authorized scope of practice;
new text end

new text begin (v) ensuring continuing competence; and
new text end

new text begin (vi) ethical standards of practice; and
new text end

new text begin (6) if applicable, a detailed description of the supervisee's clinical social work
practice, addressing:
new text end

new text begin (i) the client population, the range of presenting issues, and the diagnoses;
new text end

new text begin (ii) the clinical modalities that were utilized; and
new text end

new text begin (iii) the process utilized for determining clinical diagnoses, including the diagnostic
instruments used and the role of the supervisee in the diagnostic process.
new text end

new text begin (e) The board must receive a revised supervision plan within 30 days of any of the
following changes:
new text end

new text begin (1) the supervisee has a new supervisor;
new text end

new text begin (2) the supervisee begins a new social work position;
new text end

new text begin (3) the scope or content of the supervisee's social work practice changes substantially;
new text end

new text begin (4) the number of practice or supervision hours changes substantially; or
new text end

new text begin (5) the type of supervision changes as supervision is described in section 148D.062.
new text end

new text begin (f) the board may revoke a licensee's provisional license for failure to submit a
revised supervision plan as required in paragraph (e).
new text end

new text begin (g) The board must approve the supervisor and the supervision plan.
new text end

new text begin Subd. 2. new text end

new text begin Evaluation. new text end

new text begin (a) When a supervisee submits an evaluation to the board
according to section 148D.061, subdivision 6, the supervisee and supervisor must provide
the following information on a form provided by the board:
new text end

new text begin (1) the name of the supervisee, the name of the agency in which the supervisee is
being supervised, and the supervisee's position title;
new text end

new text begin (2) the name and qualifications of the supervisor;
new text end

new text begin (3) the number of hours and dates of each type of supervision completed;
new text end

new text begin (4) the supervisee's position description;
new text end

new text begin (5) a declaration that the supervisee has not engaged in conduct in violation of the
standards of practice in sections 148D.195 to 148D.240;
new text end

new text begin (6) a declaration that the supervisee has practiced competently and ethically
according to professional social work knowledge, skills, and values; and
new text end

new text begin (7) on a form provided by the board, an evaluation of the licensee's practice in
the following areas:
new text end

new text begin (i) development of professional social work knowledge, skills, and values;
new text end

new text begin (ii) practice methods;
new text end

new text begin (iii) authorized scope of practice;
new text end

new text begin (iv) ensuring continuing competence;
new text end

new text begin (v) ethical standards of practice; and
new text end

new text begin (vi) clinical practice, if applicable.
new text end

new text begin (b) The information provided on the evaluation form must demonstrate that the
supervisee has met or has made progress on meeting the applicable supervised practice
requirements.
new text end

new text begin Subd. 3. new text end

new text begin Alternative verification of supervised practice. new text end

new text begin Notwithstanding the
requirements of subdivision 2, the board may accept alternative verification of supervised
practice if a supervisee demonstrates that the supervisee is unable to locate a former
supervisor to provide the required information.
new text end

Sec. 11.

Minnesota Statutes 2006, section 148D.120, subdivision 2, is amended to read:

Subd. 2.

Alternate supervisors.

(a) The board may approve an alternate supervisor
if:

(1) the board determines that supervision is not obtainable pursuant to paragraph (b);

(2) the licensee requests in the supervision plan submitted pursuant to section
new text begin 148D.062, subdivision 1, or new text end 148D.125, subdivision 1, that an alternate supervisor conduct
the supervision;

(3) the licensee describes the proposed supervision and the name and qualifications
of the proposed alternate supervisor; and

(4) the requirements of paragraph (d) are met.

(b) The board may determine that supervision is not obtainable if:

(1) the licensee provides documentation as an attachment to the supervision plan
submitted pursuant to section new text begin 148D.062, subdivision 1, or new text end 148D.125, subdivision 1, that
the licensee has conducted a thorough search for a supervisor meeting the applicable
licensure requirements specified in sections 148D.100 to 148D.115;

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

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

(c) The following are not grounds for a determination that supervision is
unobtainable:

(1) obtaining a supervisor who meets the requirements of subdivision 1 would
present the licensee with a financial hardship;

(2) the licensee is unable to obtain a supervisor who meets the requirements of
subdivision 1 within the licensee's agency or organization and the agency or organization
will not allow outside supervision; or

(3) the specialized nature of the licensee's practice requires supervision from a
practitioner other than an individual licensed as a social worker.

(d) An alternate supervisor must:

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

(2) 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.

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.

Sec. 12.

Minnesota Statutes 2006, section 148D.125, subdivision 1, is amended to read:

Subdivision 1.

Supervision plan.

(a) A social worker must submit, on a form
provided by the board, a supervision plan for meeting the supervision requirements
specified in sections 148D.100 to 148D.120.

(b) The supervision plan must be submitted no later than 90 days after the licensee
begins a social work practice position after becoming licensed.

(c) For failure to submit the supervision plan within 90 days after beginning a social
work practice position, a licensee must pay the supervision plan late fee specified in
section 148D.180 when the licensee applies for license renewal.

(d) A license renewal application submitted pursuant to deleted text begin paragraph (a) deleted text end new text begin section
148D.070, subdivision 3, new text end must not be approved unless the board has received a supervision
plan.

(e) The supervision plan must include the following:

(1) the name of the supervisee, the name of the agency in which the supervisee is
being supervised, and the supervisee's position title;

(2) the name and qualifications of the person providing the supervision;

(3) the number of hours of one-on-one in-person supervision and the number and
type of additional hours of supervision to be completed by the supervisee;

(4) the supervisee's position description;

(5) a brief description of the supervision the supervisee will receive in the following
content areas:

(i) clinical practice, if applicable;

(ii) development of professional social work knowledge, skills, and values;

(iii) practice methods;

(iv) authorized scope of practice;

(v) ensuring continuing competence; and

(vi) ethical standards of practice; and

(6) if applicable, a detailed description of the supervisee's clinical social work
practice, addressing:

(i) the client population, the range of presenting issues, and the diagnoses;

(ii) the clinical modalities that were utilized; and

(iii) the process utilized for determining clinical diagnoses, including the diagnostic
instruments used and the role of the supervisee in the diagnostic process.

(f) The board must receive a revised supervision plan within 90 days of any of the
following changes:

(1) the supervisee has a new supervisor;

(2) the supervisee begins a new social work position;

(3) the scope or content of the supervisee's social work practice changes substantially;

(4) the number of practice or supervision hours changes substantially; or

(5) the type of supervision changes as supervision is described in section 148D.100,
subdivision 3, or 148D.105, subdivision 3, or as required in section 148D.115, subdivision
4.

(g) For failure to submit a revised supervision plan as required in paragraph (f), a
supervisee must pay the supervision plan late fee specified in section 148D.180, when
the supervisee applies for license renewal.

(h) The board must approve the supervisor and the supervision plan.