1.1                          A bill for an act 
  1.2             relating to occupations and professions; exempting 
  1.3             certain social workers from requirement to obtain home 
  1.4             care provider license; exempting some social workers 
  1.5             employed in a hospital or nursing home from 
  1.6             examination; modifying licensure requirements; 
  1.7             requiring hospital and nursing home social workers to 
  1.8             be licensed; amending Minnesota Statutes 1994, 
  1.9             sections 144A.46, subdivision 2; 148B.23, subdivisions 
  1.10            1 and 2; 148B.27, subdivision 2, and by adding a 
  1.11            subdivision; and 148B.60, subdivision 3; repealing 
  1.12            Minnesota Statutes 1994, sections 148B.23, subdivision 
  1.13            1a; and 148B.28, subdivision 6. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 1994, section 144A.46, 
  1.16  subdivision 2, is amended to read: 
  1.17     Subd. 2.  [EXEMPTIONS.] The following individuals or 
  1.18  organizations are exempt from the requirement to obtain a home 
  1.19  care provider license: 
  1.20     (1) a person who is licensed as a registered nurse under 
  1.21  sections 148.171 to 148.285 and who independently provides 
  1.22  nursing services in the home without any contractual or 
  1.23  employment relationship to a home care provider or other 
  1.24  organization; 
  1.25     (2) a personal care assistant who provides services under 
  1.26  the medical assistance program as authorized under sections 
  1.27  256B.0625, subdivision 19, and 256B.04, subdivision 16; 
  1.28     (3) a person or organization that exclusively offers, 
  1.29  provides, or arranges for personal care assistant services under 
  2.1   the medical assistance program as authorized under sections 
  2.2   256B.0625, subdivision 19, and 256B.04, subdivision 16; 
  2.3      (4) a person who is registered under sections 148.65 to 
  2.4   148.78 and who independently provides physical therapy services 
  2.5   in the home without any contractual or employment relationship 
  2.6   to a home care provider or other organization; 
  2.7      (5) a provider that is licensed by the commissioner of 
  2.8   human services to provide semi-independent living services under 
  2.9   Minnesota Rules, parts 9525.0500 to 9525.0660 when providing 
  2.10  home care services to a person with a developmental disability; 
  2.11     (6) a provider that is licensed by the commissioner of 
  2.12  human services to provide home and community-based services 
  2.13  under Minnesota Rules, parts 9525.2000 to 9525.2140 when 
  2.14  providing home care services to a person with a developmental 
  2.15  disability; or 
  2.16     (7) a person or organization that provides only home 
  2.17  management services, if the person or organization is registered 
  2.18  under section 144A.43, subdivision 3; or 
  2.19     (8) a person who is licensed as a social worker under 
  2.20  sections 148B.18 to 148B.28 and who provides social work 
  2.21  services in the home independently and not through any 
  2.22  contractual or employment relationship with a home care provider 
  2.23  or other organization. 
  2.24     An exemption under this subdivision does not excuse the 
  2.25  individual from complying with applicable provisions of the home 
  2.26  care bill of rights. 
  2.27     Sec. 2.  Minnesota Statutes 1994, section 148B.23, 
  2.28  subdivision 1, is amended to read: 
  2.29     Subdivision 1.  [EXEMPTION FROM EXAMINATION.] (a) For two 
  2.30  years 12 months from July 1, 1987 1995, the board shall issue a 
  2.31  license without examination to an applicant who: 
  2.32     (1) has received a baccalaureate degree from an accredited 
  2.33  program of social work or from a nationally or regionally 
  2.34  accredited college or university; 
  2.35     (2) after receiving the degree, practiced social work, as 
  2.36  defined by section 148B.18, subdivision 11, in a hospital or a 
  3.1   nursing home licensed under chapters 144 and 144A at some time 
  3.2   between July 1, 1984, and July 1, 1996; and 
  3.3      (3) meets the qualifications for the requested level of 
  3.4   licensure in paragraph (b). 
  3.5      (b) In addition to the requirements in paragraph (a): 
  3.6      (1) for a licensed social worker license, if the board 
  3.7   determines that the applicant has received a baccalaureate 
  3.8   degree from an accredited program of social work, or that the 
  3.9   applicant has at least a baccalaureate degree from an accredited 
  3.10  college or university and two years in full-time employment or 
  3.11  4,000 hours of experience in the supervised practice of social 
  3.12  work within the five years before July 1, 1989, or within a 
  3.13  longer time period as specified by the board the applicant need 
  3.14  not meet further requirements; 
  3.15     (2) for a licensed graduate social worker license, if the 
  3.16  board determines that the applicant has must have received a 
  3.17  master's degree from an accredited program of social work or 
  3.18  doctoral degree in social work; or a master's or doctoral degree 
  3.19  from a graduate program in a human service discipline related to 
  3.20  social work, as approved by the board, from a nationally or 
  3.21  regionally accredited college or university; 
  3.22     (3) for a licensed independent social worker license, if 
  3.23  the board determines that the applicant has must have received a 
  3.24  master's degree from an accredited program of social work or 
  3.25  doctoral degree in social work; or a master's or doctoral degree 
  3.26  from a graduate program in a human service discipline related to 
  3.27  social work, as approved by the board, from a nationally or 
  3.28  regionally accredited college or university; and, after 
  3.29  receiving the degree, has practiced social work for at least two 
  3.30  years in full-time employment or for 4,000 hours of part-time 
  3.31  employment under the supervision of a social worker meeting 
  3.32  these requirements, or of another qualified professional; and 
  3.33     (4) for a licensed independent clinical social 
  3.34  worker license, if the board determines that the applicant has 
  3.35  must have received a master's degree from an accredited program 
  3.36  of social work or doctoral degree in social work; or a master's 
  4.1   or doctoral degree from a graduate program in a human service 
  4.2   discipline related to social work, as approved by the board, 
  4.3   from a nationally or regionally accredited college or 
  4.4   university; and, after receiving the degree, has practiced 
  4.5   clinical social work for at least two years in full-time 
  4.6   employment or for 4,000 hours of part-time employment under the 
  4.7   supervision of a clinical social worker meeting these 
  4.8   requirements, or of another qualified mental health professional.
  4.9      (b) During the period beginning August 1, 1991, and ending 
  4.10  September 30, 1991, the board shall issue a license without 
  4.11  examination to an applicant who was licensed as a school social 
  4.12  worker by the board of teaching between July 1, 1987, and July 
  4.13  1, 1989.  To qualify for a license under this paragraph, the 
  4.14  applicant must:  
  4.15     (1) provide evidence, as determined by the board, of 
  4.16  meeting all other licensure requirements under paragraph (a); 
  4.17     (2) provide evidence, as determined by the board, of 
  4.18  practicing social work between July 1, 1987, and July 1, 1989, 
  4.19  at the level of licensure being applied for; 
  4.20     (3) provide verification, on a form provided by the board, 
  4.21  that the license held with the board of teaching was in good 
  4.22  standing while licensed under their jurisdiction; and 
  4.23     (4) provide a completed application, including all 
  4.24  information required in this paragraph, by September 30, 1991. 
  4.25     (c) The board shall allow an applicant who became licensed 
  4.26  as a school social worker by the board of teaching between July 
  4.27  1, 1989, and July 1, 1990, to take the social work licensure 
  4.28  examination and, upon passing the examination, to receive a 
  4.29  license.  To qualify for a license under this paragraph, the 
  4.30  applicant must: 
  4.31     (1) take and pass one of the next two regularly scheduled 
  4.32  social work licensure examinations administered after June 5, 
  4.33  1991; 
  4.34     (2) provide verification, on a form provided by the board, 
  4.35  that the license held with the board of teaching is in good 
  4.36  standing; and 
  5.1      (3) provide a completed application, including all 
  5.2   information required in this paragraph, by the board's 
  5.3   examination application deadline for the February 1992 licensure 
  5.4   examination. 
  5.5      Sec. 3.  Minnesota Statutes 1994, section 148B.23, 
  5.6   subdivision 2, is amended to read: 
  5.7      Subd. 2.  [OTHER REQUIREMENTS.] An applicant licensed under 
  5.8   this section must also agree to:  
  5.9      (1) engage in social work practice only under the 
  5.10  applicable supervision requirements provided in section 148B.21 
  5.11  for each category of licensees; however, the supervised social 
  5.12  work experience which an applicant licensed as a licensed social 
  5.13  worker must demonstrate under section 148B.21 may have been 
  5.14  obtained before initial licensure; and 
  5.15     (2) conduct all professional activities as a social worker 
  5.16  in accordance with standards for professional conduct 
  5.17  established by the rules of the board by rule. 
  5.18     Sec. 4.  Minnesota Statutes 1994, section 148B.27, 
  5.19  subdivision 2, is amended to read: 
  5.20     Subd. 2.  [USE OF TITLES.] After the board adopts rules, no 
  5.21  individual shall be presented to the public by any title 
  5.22  incorporating the words "social work" or "social worker" unless 
  5.23  that individual holds a valid license issued under sections 
  5.24  148B.18 to 148B.28.  City, county, and state agency social 
  5.25  workers who are not licensed under sections 148B.18 to 148B.28 
  5.26  may use the title city agency social worker or county agency 
  5.27  social worker or state agency social worker.  Hospital social 
  5.28  workers who are not licensed under sections 148B.18 to 148B.28 
  5.29  may use the title hospital social worker while acting within the 
  5.30  scope of their employment. 
  5.31     Sec. 5.  Minnesota Statutes 1994, section 148B.27, is 
  5.32  amended by adding a subdivision to read: 
  5.33     Subd. 2b.  [USE OF HOSPITAL SOCIAL WORKER TITLE.] 
  5.34  Individuals employed as social workers on June 30, 1996, by a 
  5.35  hospital licensed under chapter 144 who do not qualify for 
  5.36  licensure under section 148B.21 or 148B.23, subdivision 1, may 
  6.1   use the title "hospital social worker" for as long as they 
  6.2   continue to be employed by the hospital by which they are 
  6.3   employed on June 30, 1996.  Individuals covered by this 
  6.4   subdivision may not use the title "social worker" or "hospital 
  6.5   social worker" in Minnesota in another hospital or in another 
  6.6   setting for which licensure is required after June 30, 1996, 
  6.7   unless licensed under section 148B.21. 
  6.8      Sec. 6.  Minnesota Statutes 1994, section 148B.60, 
  6.9   subdivision 3, is amended to read: 
  6.10     Subd. 3.  [UNLICENSED MENTAL HEALTH PRACTITIONER OR 
  6.11  PRACTITIONER.] "Unlicensed mental health practitioner" or 
  6.12  "practitioner" means a person who provides or purports to 
  6.13  provide, for remuneration, mental health services as defined in 
  6.14  subdivision 4.  It does not include persons licensed by the 
  6.15  board of medical practice under chapter 147; the board of 
  6.16  nursing under sections 148.171 to 148.285; the board of 
  6.17  psychology under sections 148.88 to 148.98; the board of social 
  6.18  work under sections 148B.18 to 148B.28; the board of marriage 
  6.19  and family therapy under sections 148B.29 to 148B.39; or another 
  6.20  licensing board if the person is practicing within the scope of 
  6.21  the license; or members of the clergy who are providing pastoral 
  6.22  services in the context of performing and fulfilling the 
  6.23  salaried duties and obligations required of a member of the 
  6.24  clergy by a religious congregation.  For the purposes of 
  6.25  complaint investigation or disciplinary action relating to an 
  6.26  individual practitioner, the term includes:  
  6.27     (1) hospital and nursing home social workers exempt from 
  6.28  licensure by the board of social work under section 148B.28, 
  6.29  subdivision 6, including hospital and nursing home social 
  6.30  workers acting within the scope of their employment by the 
  6.31  hospital or nursing home; 
  6.32     (2) persons employed by a program licensed by the 
  6.33  commissioner of human services who are acting as mental health 
  6.34  practitioners within the scope of their employment; 
  6.35     (3) (2) persons employed by a program licensed by the 
  6.36  commissioner of human services who are providing chemical 
  7.1   dependency counseling services; persons who are providing 
  7.2   chemical dependency counseling services in private practice; and 
  7.3      (4) (3) clergy who are providing mental health services 
  7.4   that are equivalent to those defined in subdivision 4. 
  7.5      Sec. 7.  [STUDY.] 
  7.6      The board of social work, in consultation with the 
  7.7   Minnesota Hospital Association, shall review the effects of 
  7.8   social worker licensure on rural hospitals and report its 
  7.9   findings to the house health and human services committee and 
  7.10  the senate health care committee by January 1, 1997. 
  7.11     Sec. 8.  [REPEALER.] 
  7.12     Minnesota Statutes 1994, sections 148B.23, subdivision 1a; 
  7.13  and 148B.28, subdivision 6, are repealed effective July 1, 1996.