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HF 3626

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/13/2024 03:52pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/12/2024

Current Version - as introduced

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A bill for an act
relating to health-related licensing; modifying and recodifying social worker
provisional licensure; amending Minnesota Statutes 2022, sections 148D.061,
subdivisions 1, 8; 148D.062, subdivisions 1, 2, 3, 4; 148D.063, subdivisions 1, 2;
repealing Minnesota Statutes 2022, section 148D.061, subdivision 9.

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

Section 1.

Minnesota Statutes 2022, section 148D.061, subdivision 1, is amended to read:


Subdivision 1.

Requirements for a provisional license.

An applicant may be issued a
provisional license if the applicant:

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

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

deleted text begin (3) has taken the applicable examination administered by the Association of Social Work
Boards or similar examination body designated by the board;
deleted text end

deleted text begin (4)deleted text end new text begin (1) new text end has met the requirements of section 148E.055, subdivision 2, deleted text begin paragraph (a),deleted text end
clauses (1), (3), (4), (5), and (6); deleted text begin or subdivisiondeleted text end 3, deleted text begin paragraph (a),deleted text end clauses (1), (3), (4), (5),
and (6); deleted text begin or subdivisiondeleted text end 4, deleted text begin paragraph (a),deleted text end clauses (1), (2), (4), (5), (6), and (7); or deleted text begin subdivisiondeleted text end
5, paragraph (a), clauses (1), (2), (3), (5), (6), (7), and (8); and

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024.
new text end

Sec. 2.

Minnesota Statutes 2022, section 148D.061, subdivision 8, is amended to read:


Subd. 8.

Disciplinary or other action.

new text begin A licensee who is issued a provisional license
is subject to the grounds for disciplinary action under section 148E.190.
new text end The board may
new text begin also new text end take action according to sections 148E.260 to 148E.270 if:

(1) the licensee's supervisor does not submit an evaluation as required by section
148D.063;

(2) an evaluation submitted according to section 148D.063 indicates that the licensee
cannot practice social work competently and ethically; or

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024.
new text end

Sec. 3.

Minnesota Statutes 2022, section 148D.062, subdivision 1, is amended to read:


Subdivision 1.

Supervision required after licensure.

After receiving a provisional
license from the board, the licensee must obtain at least deleted text begin 37.5deleted text end new text begin 50new text end hours of supervision
according to the requirements of this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024.
new text end

Sec. 4.

Minnesota Statutes 2022, section 148D.062, subdivision 2, is amended to read:


Subd. 2.

Practice requirements.

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 deleted text begin threedeleted text end new text begin fournew text end hours of supervision must be obtained during every
160 hours of practice under a provisional license until a permanent license is issued.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024.
new text end

Sec. 5.

Minnesota Statutes 2022, section 148D.062, subdivision 3, is amended to read:


Subd. 3.

Types of supervision.

(a) deleted text begin Twenty-five hoursdeleted text end new text begin Halfnew text end of new text begin the new text end supervision new text begin hours
new text end required by subdivision 1 must consist of one-on-one deleted text begin in-persondeleted text end supervision.new text begin The supervision
must be provided either in person or via eye-to-eye electronic media while maintaining
visual contact.
new text end

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

(1) deleted text begin in-persondeleted text end one-on-one supervisionnew text begin provided in person or via eye-to-eye electronic
media while maintaining visual contact
new text end ; or

(2) deleted text begin in-persondeleted text end group supervisionnew text begin provided in person, by telephone, or via eye-to-eye
electronic media while maintaining visual contact
new text end .

(c) deleted text begin To qualify as in-persondeleted text end Group supervisiondeleted text begin , the groupdeleted text end must not exceed deleted text begin seven members
including the supervisor
deleted text end new text begin six superviseesnew text end .

new text begin (d) Supervision must not be provided by email.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024.
new text end

Sec. 6.

Minnesota Statutes 2022, section 148D.062, subdivision 4, is amended to read:


Subd. 4.

Supervisor requirements.

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

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

deleted text begin (2)deleted text end 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 148E.010, subdivision 18.

(b) Supervision must be provided:

(1) if the supervisee is not engaged in clinical practice and the supervisee has a provisional
license to practice as a licensed social worker, bynew text begin :
new text end

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

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

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

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

(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:

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

(ii) a licensed independent social worker; or

(iii) a licensed independent clinical social worker;

(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

(4) by a supervisor who meets the requirements in section 148E.120, subdivision 2.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024.
new text end

Sec. 7.

Minnesota Statutes 2022, section 148D.063, subdivision 1, is amended to read:


Subdivision 1.

Supervision plan.

(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.

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

deleted 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.
deleted text end

deleted text begin (d)deleted text end new text begin (c)new text end 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 deleted text begin in-persondeleted text end 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.

deleted text begin (e)deleted text end new text begin (d)new text end The board must receive a revised supervision plan within 30 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.062.

deleted 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).
deleted text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024.
new text end

Sec. 8.

Minnesota Statutes 2022, section 148D.063, subdivision 2, is amended to read:


Subd. 2.

Evaluation.

(a) When a licensee's supervisor 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:

(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 supervisor;

(3) the number of hours and dates of each type of supervision completed;

(4) the supervisee's position description;

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

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

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

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

(ii) practice methods;

(iii) authorized scope of practice;

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

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

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

(b) The supervisor must attest to the satisfaction of the board that the supervisee has met
or has made progress on meeting the applicable supervised practice requirements.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024.
new text end

Sec. 9. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber each section of Minnesota Statutes listed in column
A with the number listed in column B. The revisor shall also make necessary cross-reference
changes in Minnesota Statutes and Minnesota Rules consistent with the renumbering.
new text end

new text begin Column A
new text end
new text begin Column B
new text end
new text begin 148D.061
new text end
new text begin 148E.0551
new text end
new text begin 148D.062
new text end
new text begin 148E.116
new text end
new text begin 148D.063
new text end
new text begin 148E.126
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024.
new text end

Sec. 10. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 148D.061, subdivision 9, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024.
new text end

APPENDIX

Repealed Minnesota Statutes: 24-06042

148D.061 PROVISIONAL LICENSES.

Subd. 9.

Revocation of provisional license.

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.