1.1 	A bill for an act
1.2 	relating to health; recodifying statutes and rules
1.3 	relating to social work; modifying provisions relating
1.4 	to physical therapists; modifying dental licensure
1.5 	provisions; modifying provisions for licensed
1.6 	professional counselors; modifying physician review;
1.7 	modifying information contained on prescriptions;
1.8 	providing recognition for the practice of respiratory
1.9 	therapy in emergency situations; providing that
1.10 	audiologists need not obtain hearing instrument
1.11 	dispenser certification; providing penalties;
1.12 	establishing penalty fees for certain credentialed
1.13 	health occupations; authorizing rulemaking;
1.14 	establishing fees; providing criminal penalties;
1.15 	amending Minnesota Statutes 2004, sections 13.383,
1.16 	subdivision 10; 13.411, subdivision 5; 144.335,
1.17 	subdivision 1; 144A.46, subdivision 2; 147.09;
1.18 	147A.18, subdivisions 1, 3; 147C.05; 148.512,
1.19 	subdivision 6, by adding subdivisions; 148.513, by
1.20 	adding a subdivision; 148.515, by adding a
1.21 	subdivision; 148.5194, by adding subdivisions;
1.22 	148.5195, subdivision 3; 148.5196, subdivision 1;
1.23 	148.6445, by adding a subdivision; 148.65, by adding
1.24 	subdivisions; 148.706; 148.75; 148B.53, subdivisions
1.25 	1, 3; 148B.54, subdivision 2; 148B.59; 148C.03,
1.26 	subdivision 1; 148C.04, subdivisions 3, 4, 6, by
1.27 	adding a subdivision; 148C.091, subdivision 1;
1.28 	148C.10, subdivision 2; 148C.11, subdivisions 1, 4, 5,
1.29 	6; 148C.12, subdivision 3, by adding a subdivision;
1.30 	150A.01, subdivision 6a; 150A.06, subdivision 1a;
1.31 	153A.13, subdivision 5; 153A.14, subdivisions 2h, 2i,
1.32 	4, 4c, 9; 153A.15, subdivision 1; 153A.20, subdivision
1.33 	1; 214.01, subdivision 2; 214.06, subdivision 1, by
1.34 	adding a subdivision; 245.462, subdivision 18;
1.35 	245.4871, subdivision 27; 256B.0625, subdivision 38;
1.36 	256J.08, subdivision 73a; 319B.02, subdivision 19;
1.37 	319B.40; proposing coding for new law in Minnesota
1.38 	Statutes, chapters 148; 148B; 150A; 153A; proposing
1.39 	coding for new law as Minnesota Statutes, chapter
1.40 	148D; repealing Minnesota Statutes 2004, sections
1.41 	148B.18; 148B.185; 148B.19; 148B.20; 148B.21;
1.42 	148B.215; 148B.22; 148B.224; 148B.225; 148B.226;
1.43 	148B.24; 148B.25; 148B.26; 148B.27; 148B.28; 148B.281;
1.44 	148B.282; 148B.283; 148B.284; 148B.285; 148B.286;
1.45 	148B.287; 148B.288; 148B.289; 148C.02; 148C.12,
1.46 	subdivision 4; 153A.14, subdivisions 2a, 8, 10;
2.1 	153A.19; Minnesota Rules, parts 4747.0030, subparts
2.2 	11, 16; 4747.1200; 4747.1300; 5601.0100, subparts 3,
2.3 	4; 8740.0100; 8740.0110; 8740.0120; 8740.0122;
2.4 	8740.0130; 8740.0155; 8740.0185; 8740.0187; 8740.0200;
2.5 	8740.0240; 8740.0260; 8740.0285; 8740.0300; 8740.0310;
2.6 	8740.0315; 8740.0320; 8740.0325; 8740.0330; 8740.0335;
2.7 	8740.0340; 8740.0345.
2.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.9 	ARTICLE 1
2.10 	BOARD OF SOCIAL WORK

2.11 	Section 1. [148D.001] CITATION.
2.12 	This chapter may be cited as the "Minnesota Board of Social
2.13 	Work Practice Act." 

2.14 	Sec. 2. [148D.005] PURPOSE.
2.15 	The purpose of this chapter is to promote and protect the
2.16 	public health, safety, and welfare through the licensure and
2.17 	regulation of persons who practice social work in this state.

2.18 	Sec. 3. [148D.010] DEFINITIONS.
2.19 		Subdivision 1.Scope. For the purpose of this chapter,
2.20 	the terms in this section have the meanings given.
2.21 		Subd. 2.Applicant. "Applicant" means a person who
2.22 	submits an application to the board for a new license, a license
2.23 	renewal, a change in license, an inactive license, reactivation
2.24 	of a license, or a voluntary termination.
2.25 		Subd. 3.Application. "Application" means an application
2.26 	to the board for a new license, a license renewal, a change in
2.27 	license, an inactive license, reactivation of a license, or
2.28 	voluntary termination.
2.29 		Subd. 4.Board. "Board" means the Board of Social Work
2.30 	created under section 148D.025.
2.31 		Subd. 5.Client. "Client" means an individual, couple,
2.32 	family, group, community, or organization that receives or has
2.33 	received social work services as described in subdivision 9.
2.34 		Subd. 6.Clinical practice. "Clinical practice" means
2.35 	applying professional social work knowledge, skills, and values
2.36 	in the differential diagnosis and treatment of psychosocial
2.37 	function, disability, or impairment, including addictions and
2.38 	emotional, mental, and behavioral disorders.  Treatment includes
2.39 	a plan based on a differential diagnosis.  Treatment may
3.1 	include, but is not limited to, the provision of psychotherapy
3.2 	to individuals, couples, families, and groups.  Clinical social
3.3 	workers may also provide the services described in subdivision 9.
3.4 		Subd. 7.Intern. "Intern" means a student in field
3.5 	placement working under the supervision or direction of a social
3.6 	worker.
3.7 		Subd. 8.Person-in-environment perspective.
 3.8 	"Person-in-environment perspective" means viewing human
3.9 	behavior, development, and function in the context of one or
3.10 	more of the following:  the environment, social functioning,
3.11 	mental health, and physical health.
3.12 		Subd. 9.Practice of social work. "Practice of social
3.13 	work" means working to maintain, restore, or improve behavioral,
3.14 	cognitive, emotional, mental, or social functioning of clients,
3.15 	in a manner that applies accepted professional social work
3.16 	knowledge, skills, and values, including the
3.17 	person-in-environment perspective, by providing in person or
3.18 	through telephone, video conferencing, or electronic means one
3.19 	or more of the social work services described in clauses (1) to
3.20 	(3).  Social work services may address conditions that impair or
3.21 	limit behavioral, cognitive, emotional, mental, or social
3.22 	functioning.  Such conditions include, but are not limited to,
3.23 	the following:  abuse and neglect of children or vulnerable
3.24 	adults, addictions, developmental disorders, disabilities,
3.25 	discrimination, illness, injuries, poverty, and trauma.  Social
3.26 	work services include:
3.27 	(1) providing assessment and intervention through direct
3.28 	contact with clients, developing a plan based on information
3.29 	from an assessment, and providing services which include, but
3.30 	are not limited to, assessment, case management, client-centered
3.31 	advocacy, client education, consultation, counseling, crisis
3.32 	intervention, and referral;
3.33 	(2) providing for the direct or indirect benefit of clients
3.34 	through administrative, educational, policy, or research
3.35 	services including, but not limited to:
3.36 	(i) advocating for policies, programs, or services to
4.1 	improve the well-being of clients;
4.2 	(ii) conducting research related to social work services;
4.3 	(iii) developing and administering programs which provide
4.4 	social work services;
4.5 	(iv) engaging in community organization to address social
4.6 	problems through planned collective action;
4.7 	(v) supervising individuals who provide social work
4.8 	services to clients;
4.9 	(vi) supervising social workers in order to comply with the
4.10 	supervised practice requirements specified in sections 148D.100
4.11 	to 148D.125; and 
4.12 	(vii) teaching professional social work knowledge, skills,
4.13 	and values to students; and 
4.14 	(3) engaging in clinical practice.
4.15 		Subd. 10.Professional name. "Professional name" means
4.16 	the name a licensed social worker uses in making representations
4.17 	of the social worker's professional status to the public and
4.18 	which has been designated to the board in writing pursuant to
4.19 	section 148D.090.
4.20 		Subd. 11.Professional social work knowledge, skills, and
4.21 	values. "Professional social work knowledge, skills, and values"
4.22 	means the knowledge, skills, and values taught in programs
4.23 	accredited by the Council on Social Work Education, the Canadian
4.24 	Association of Schools of Social Work, or a similar
4.25 	accreditation body designated by the board.  Professional social
4.26 	work knowledge, skills, and values include, but are not limited
4.27 	to, principles of person-in-environment and the values,
4.28 	principles, and standards described in the Code of Ethics of the
4.29 	National Association of Social Workers.
4.30 		Subd. 12.Sexual conduct. "Sexual conduct" means any
4.31 	physical contact or conduct that may be reasonably interpreted
4.32 	as sexual, or any oral, written, electronic, or other
4.33 	communication that suggests engaging in physical contact or
4.34 	conduct that may be reasonably interpreted as sexual.
4.35 		Subd. 13.Social worker. "Social worker" means an
4.36 	individual who:
5.1 	(1) is licensed as a social worker; or 
5.2 	(2) has obtained a social work degree from a program
5.3 	accredited by the Council on Social Work Education, the Canadian
5.4 	Association of Schools of Social Work, or a similar
5.5 	accreditation body designated by the board and engages in the
5.6 	practice of social work.
5.7 		Subd. 14.Student. "Student" means an individual who is
5.8 	taught professional social work knowledge, skills, and values in
5.9 	a program that has been accredited by the Council on Social Work
5.10 	Education, the Canadian Association of Schools of Social Work,
5.11 	or a similar accreditation body designated by the board.
5.12 		Subd. 15.Supervisee. "Supervisee" means an individual
5.13 	provided evaluation and supervision or direction by a social
5.14 	worker.
5.15 		Subd. 16.Supervision. "Supervision" means a
5.16 	professional relationship between a supervisor and a social
5.17 	worker in which the supervisor provides evaluation and direction
5.18 	of the services provided by the social worker to promote
5.19 	competent and ethical services to clients through the continuing
5.20 	development of the social worker's knowledge and application of
5.21 	accepted professional social work knowledge, skills, and values.
5.22 	APPLICABILITY

5.23 	Sec. 4. [148D.015] SCOPE.
5.24 	This chapter applies to all applicants and licensees, all
5.25 	persons who use the title social worker, and all persons in or
5.26 	out of this state who provide social work services to clients
5.27 	who reside in this state unless there are specific applicable
5.28 	exemptions provided by law.

5.29 	Sec. 5. [148D.020] CHAPTER 214.
5.30 	Chapter 214 applies to the Board of Social Work unless
5.31 	superseded by this chapter.
5.32 	BOARD

5.33 	Sec. 6. [148D.025] BOARD OF SOCIAL WORK.
5.34 		Subdivision 1.Creation. The Board of Social Work
5.35 	consists of 15 members appointed by the governor.  The members
5.36 	are:
6.1 	(1) ten social workers licensed pursuant to section
6.2 	148D.055; and 
6.3 	(2) five public members as defined in section 214.02.
6.4 		Subd. 2.Qualifications of board members. (a) All social
6.5 	worker members must have engaged in the practice of social work
6.6 	in Minnesota for at least one year during the ten years
6.7 	preceding their appointments.
6.8 	(b) Five social worker members must be licensed social
6.9 	workers.  The other five members must be a licensed graduate
6.10 	social worker, a licensed independent social worker, or a
6.11 	licensed independent clinical social worker.
6.12 	(c) Eight social worker members must be engaged at the time
6.13 	of their appointment in the practice of social work in Minnesota
6.14 	in the following settings:
6.15 	(1) one member must be engaged in the practice of social
6.16 	work in a county agency;
6.17 	(2) one member must be engaged in the practice of social
6.18 	work in a state agency;
6.19 	(3) one member must be engaged in the practice of social
6.20 	work in an elementary, middle, or secondary school;
6.21 	(4) one member must be employed in a hospital or nursing
6.22 	home licensed under chapter 144 or 144A;
6.23 	(5) two members must be engaged in the practice of social
6.24 	work in a private agency;
6.25 	(6) one member must be engaged in the practice of social
6.26 	work in a clinical social work setting; and 
6.27 	(7) one member must be an educator engaged in regular
6.28 	teaching duties at a program of social work accredited by the
6.29 	Council on Social Work Education or a similar accreditation body
6.30 	designated by the board.
6.31 	(d) At the time of their appointments, at least six members
6.32 	must reside outside of the seven-county metropolitan area.
6.33 	(e) At the time of their appointments, at least five
6.34 	members must be persons with expertise in communities of color.
6.35 		Subd. 3.Officers. The board must annually elect from
6.36 	its membership a chair, vice-chair, and secretary-treasurer.
7.1 		Subd. 4.Bylaws. The board must adopt bylaws to govern
7.2 	its proceedings.
7.3 		Subd. 5.Executive director. The board must appoint and
7.4 	employ an executive director who is not a member of the board.

7.5 	Sec. 7. [148D.030] DUTIES OF THE BOARD.
7.6 		Subdivision 1.Duties. The board must perform the duties
7.7 	necessary to promote and protect the public health, safety, and
7.8 	welfare through the licensure and regulation of persons who
7.9 	practice social work in this state.  These duties include, but
7.10 	are not limited to:
7.11 	(1) establishing the qualifications and procedures for
7.12 	individuals to be licensed as social workers;
7.13 	(2) establishing standards of practice for social workers;
7.14 	(3) holding examinations or contracting with the
7.15 	Association of Social Work Boards or a similar examination body
7.16 	designated by the board to hold examinations to assess
7.17 	applicants' qualifications;
7.18 	(4) issuing licenses to qualified individuals pursuant to
7.19 	sections 148D.055 and 148D.060;
7.20 	(5) taking disciplinary, adversarial, corrective, or other
7.21 	action pursuant to sections 148D.255 to 148D.270 when an
7.22 	individual violates the requirements of this chapter;
7.23 	(6) assessing fees pursuant to sections 148D.175 and
7.24 	148D.180; and 
7.25 	(7) educating social workers and the public on the
7.26 	requirements of the board.
7.27 		Subd. 2.Rules. The board may adopt and enforce rules to
7.28 	carry out the duties specified in subdivision 1.

7.29 	Sec. 8. [148D.035] VARIANCES.
7.30 	If the effect of a requirement pursuant to this chapter is
7.31 	unreasonable, impossible to execute, absurd, or would impose an
7.32 	extreme hardship on a licensee, the board may grant a variance
7.33 	if the variance is consistent with promoting and protecting the
7.34 	public health, safety, and welfare.  A variance must not be
7.35 	granted for core licensing standards such as substantive
7.36 	educational and examination requirements.

8.1 	Sec. 9. [148D.040] IMMUNITY.
8.2 	Board members, board employees, and persons engaged on
8.3 	behalf of the board are immune from civil liability for any
8.4 	actions, transactions, or publications in the lawful execution
8.5 	of or relating to their duties under this chapter.
8.6 	CONTESTED CASES

8.7 	Sec. 10. [148D.045] CONTESTED CASE HEARING.
8.8 	An applicant or a licensee who is the subject of a
8.9 	disciplinary or adversarial action by the board pursuant to this
8.10 	chapter may request a contested case hearing under sections
8.11 	14.57 to 14.62.  An applicant or a licensee who desires to
8.12 	request a contested case hearing must submit a written request
8.13 	to the board within 90 days after the date on which the board
8.14 	mailed the notification of the adverse action, except as
8.15 	otherwise provided in this chapter.
8.16 	LICENSING

8.17 	Sec. 11. [148D.050] LICENSING; SCOPE OF PRACTICE.
8.18 		Subdivision 1.Requirements. The practice of social work
8.19 	must comply with the requirements of subdivision 2, 3, 4, or 5.
8.20 		Subd. 2.Licensed social worker. A licensed social
8.21 	worker may engage in social work practice except that a licensed
8.22 	social worker must not engage in clinical practice.
8.23 		Subd. 3.Licensed graduate social worker. A licensed
8.24 	graduate social worker may engage in social work practice except
8.25 	that a licensed graduate social worker must not engage in
8.26 	clinical practice except under the supervision of a licensed
8.27 	independent clinical social worker or an alternate supervisor
8.28 	pursuant to section 148D.120.
8.29 		Subd. 4.Licensed independent social worker. A licensed
8.30 	independent social worker may engage in social work practice
8.31 	except that a licensed independent social worker must not engage
8.32 	in clinical practice except under the supervision of a licensed
8.33 	independent clinical social worker or an alternate supervisor
8.34 	pursuant to section 148D.120.
8.35 		Subd. 5.Licensed independent clinical social worker. A
8.36 	licensed independent clinical social worker may engage in social
9.1 	work practice, including clinical practice.

9.2 	Sec. 12. [148D.055] LICENSE REQUIREMENTS.
9.3 		Subdivision 1.License required. (a) In order to
9.4 	practice social work, an individual must have a social work
9.5 	license under this section or section 148D.060, except when the
9.6 	individual is exempt from licensure pursuant to section 148D.065.
9.7 	(b) Individuals who teach professional social work
9.8 	knowledge, skills, and values to students and who have a social
9.9 	work degree from a program accredited by the Council on Social
9.10 	Work Education, the Canadian Association of Schools of Social
9.11 	Work, or a similar accreditation body designated by the board
9.12 	must have a social work license under this section or section
9.13 	148D.060, except when the individual is exempt from licensure
9.14 	pursuant to section 148D.065.
9.15 		Subd. 2.Qualifications for licensure by examination as a
9.16 	licensed social worker. (a) Except as provided in paragraph
9.17 	(i), to be licensed as a licensed social worker, an applicant
9.18 	for licensure by examination must provide evidence satisfactory
9.19 	to the board that the applicant:
9.20 	(1) has received a baccalaureate degree in social work from
9.21 	a program accredited by the Council on Social Work Education,
9.22 	the Canadian Association of Schools of Social Work, or a similar
9.23 	accreditation body designated by the board;
9.24 	(2) has passed the bachelors or equivalent examination
9.25 	administered by the Association of Social Work Boards or a
9.26 	similar examination body designated by the board.  Unless an
9.27 	applicant applies for licensure by endorsement pursuant to
9.28 	subdivision 7, an examination is not valid if it was taken and
9.29 	passed eight or more years prior to submitting a completed,
9.30 	signed application form provided by the board.  The examination
9.31 	may be taken prior to completing degree requirements;
9.32 	(3) has submitted a completed, signed application form
9.33 	provided by the board, including the applicable application fee
9.34 	specified in section 148D.180.  For applications submitted
9.35 	electronically, a "signed application" means providing an
9.36 	attestation as specified by the board;
10.1 	(4) has submitted the criminal background check fee and a
10.2 	form provided by the board authorizing a criminal background
10.3 	check pursuant to subdivision 8;
10.4 	(5) has paid the applicable license fee specified in
10.5 	section 148D.180; and 
10.6 	(6) has not engaged in conduct that was or would be in
10.7 	violation of the standards of practice specified in sections
10.8 	148D.195 to 148D.240.  If the applicant has engaged in conduct
10.9 	that was or would be in violation of the standards of practice,
10.10 	the board may take action pursuant to sections 148D.255 to
10.11 	148D.270.
10.12 	(b) An application that is not completed and signed, or
10.13 	that is not accompanied by the correct fee, must be returned to
10.14 	the applicant, along with any fee submitted, and is void.
10.15 	(c) A licensee granted a license by the board pursuant to
10.16 	paragraph (a) must meet the supervised practice requirements
10.17 	specified in sections 148D.100 to 148D.125.  If a licensee does
10.18 	not meet the supervised practice requirements, the board may
10.19 	take action pursuant to sections 148D.255 to 148D.270.
10.20 	(d) By submitting an application for licensure, an
10.21 	applicant authorizes the board to investigate any information
10.22 	provided or requested in the application.  The board may request
10.23 	that the applicant provide additional information, verification,
10.24 	or documentation.
10.25 	(e) Within one year of the time the board receives an
10.26 	application for licensure, the applicant must meet all the
10.27 	requirements specified in paragraph (a) and must provide all of
10.28 	the information requested by the board pursuant to paragraph
10.29 	(d).  If within one year the applicant does not meet all the
10.30 	requirements, or does not provide all of the information
10.31 	requested, the applicant is considered ineligible and the
10.32 	application for licensure must be closed.
10.33 	(f) Except as provided in paragraph (g), an applicant may
10.34 	not take more than three times the bachelors or equivalent
10.35 	examination administered by the Association of Social Work
10.36 	Boards, or a similar examination body designated by the board.
11.1 	An applicant must receive a passing score on the bachelors or
11.2 	equivalent examination administered by the Association of Social
11.3 	Work Boards or a similar examination body designated by the
11.4 	board in no more than 18 months after the date the applicant
11.5 	first failed the examination.
11.6 	(g) Notwithstanding paragraph (f), the board may allow an
11.7 	applicant to take, for a fourth or subsequent time, the
11.8 	bachelors or equivalent examination administered by the
11.9 	Association of Social Work Boards or a similar examination body
11.10 	designated by the board if the applicant:
11.11 	(1) meets all requirements specified in paragraphs (a) to
11.12 	(e) other than passing the bachelors or equivalent examination
11.13 	administered by the Association of Social Work Boards or a
11.14 	similar examination body designated by the board;
11.15 	(2) provides to the board a description of the efforts the
11.16 	applicant has made to improve the applicant's score and
11.17 	demonstrates to the board's satisfaction that the efforts are
11.18 	likely to improve the score; and 
11.19 	(3) provides to the board letters of recommendation from
11.20 	two licensed social workers attesting to the applicant's ability
11.21 	to practice social work competently and ethically in accordance
11.22 	with professional social work knowledge, skills, and values.
11.23 	(h) An individual must not practice social work until the
11.24 	individual passes the examination and receives a social work
11.25 	license under this section or section 148D.060.  If the board
11.26 	has reason to believe that an applicant may be practicing social
11.27 	work without a license, and the applicant has failed the
11.28 	bachelors or equivalent examination administered by the
11.29 	Association of Social Work Boards or a similar examination body
11.30 	designated by the board, the board may notify the applicant's
11.31 	employer that the applicant is not licensed as a social worker.
11.32 	(i) An applicant who was born in a foreign country, who has
11.33 	taken and failed to pass the examination specified in paragraph
11.34 	(a), clause (2), at least once since January 1, 2000, and for
11.35 	whom English is a second language, is eligible for licensure as
11.36 	a social worker if the applicant:
12.1 	(1) provides evidence to the board of compliance with the
12.2 	requirements in paragraph (a), clauses (1) and (3) to (6), and
12.3 	in paragraphs (b) to (e) and (h); and 
12.4 	(2) provides to the board letters of recommendation and
12.5 	experience ratings from two licensed social workers and one
12.6 	professor from the applicant's social work program who can
12.7 	attest to the applicant's competence.
12.8 	This paragraph expires August 1, 2007.
12.9 		Subd. 3.Qualifications for licensure by examination as a
12.10 	licensed graduate social worker. (a) Except as provided in
12.11 	paragraph (i), to be licensed as a licensed graduate social
12.12 	worker, an applicant for licensure by examination must provide
12.13 	evidence satisfactory to the board that the applicant:
12.14 	(1) has received a graduate degree in social work from a
12.15 	program accredited by the Council on Social Work Education, the
12.16 	Canadian Association of Schools of Social Work, or a similar
12.17 	accreditation body designated by the board;
12.18 	(2) has passed the masters or equivalent examination
12.19 	administered by the Association of Social Work Boards or a
12.20 	similar examination body designated by the board. Unless an
12.21 	applicant applies for licensure by endorsement pursuant to
12.22 	section 148D.055, subdivision 7, an examination is not valid if
12.23 	it was taken and passed eight or more years prior to submitting
12.24 	a completed, signed application form provided by the board.  The
12.25 	examination may be taken prior to completing degree
12.26 	requirements;
12.27 	(3) has submitted a completed, signed application form
12.28 	provided by the board, including the applicable application fee
12.29 	specified in section 148D.180.  For applications submitted
12.30 	electronically, a "signed application" means providing an
12.31 	attestation as specified by the board;
12.32 	(4) has submitted the criminal background check fee and a
12.33 	form provided by the board authorizing a criminal background
12.34 	check pursuant to subdivision 8;
12.35 	(5) has paid the applicable license fee specified in
12.36 	section 148D.180; and 
13.1 	(6) has not engaged in conduct that was or would be in
13.2 	violation of the standards of practice specified in sections
13.3 	148D.195 to 148D.240.  If the applicant has engaged in conduct
13.4 	that was or would be in violation of the standards of practice,
13.5 	the board may take action pursuant to sections 148D.255 to
13.6 	148D.270.
13.7 	(b) An application which is not completed and signed, or
13.8 	which is not accompanied by the correct fee, must be returned to
13.9 	the applicant, along with any fee submitted, and is void.
13.10 	(c) A licensee granted a license by the board pursuant to
13.11 	paragraph (a) must meet the supervised practice requirements
13.12 	specified in sections 148D.100 to 148D.125.  If a licensee does
13.13 	not meet the supervised practice requirements, the board may
13.14 	take action pursuant to sections 148D.255 to 148D.270.
13.15 	(d) By submitting an application for licensure, an
13.16 	applicant authorizes the board to investigate any information
13.17 	provided or requested in the application.  The board may request
13.18 	that the applicant provide additional information, verification,
13.19 	or documentation.
13.20 	(e) Within one year of the time the board receives an
13.21 	application for licensure, the applicant must meet all the
13.22 	requirements specified in paragraph (a) and must provide all of
13.23 	the information requested by the board pursuant to paragraph
13.24 	(d).  If within one year the applicant does not meet all the
13.25 	requirements, or does not provide all of the information
13.26 	requested, the applicant is considered ineligible and the
13.27 	application for licensure must be closed.
13.28 	(f) Except as provided in paragraph (g), an applicant may
13.29 	not take more than three times the masters or equivalent
13.30 	examination administered by the Association of Social Work
13.31 	Boards or a similar examination body designated by the board.
13.32 	An applicant must receive a passing score on the masters or
13.33 	equivalent examination administered by the Association of Social
13.34 	Work Boards or a similar examination body designated by the
13.35 	board in no more than 18 months after the date the applicant
13.36 	first failed the examination.
14.1 	(g) Notwithstanding paragraph (f), the board may allow an
14.2 	applicant to take, for a fourth or subsequent time, the masters
14.3 	or equivalent examination administered by the Association of
14.4 	Social Work Boards or a similar examination body designated by
14.5 	the board if the applicant:
14.6 	(1) meets all requirements specified in paragraphs (a) to
14.7 	(e) other than passing the masters or equivalent examination
14.8 	administered by the Association of Social Work boards or a
14.9 	similar examination body designated by the board;
14.10 	(2) provides to the board a description of the efforts the
14.11 	applicant has made to improve the applicant's score and
14.12 	demonstrates to the board's satisfaction that the efforts are
14.13 	likely to improve the score; and 
14.14 	(3) provides to the board letters of recommendation from
14.15 	two licensed social workers attesting to the applicant's ability
14.16 	to practice social work competently and ethically in accordance
14.17 	with professional social work knowledge, skills, and values.
14.18 	(h) An individual must not practice social work until the
14.19 	individual passes the examination and receives a social work
14.20 	license under this section or section 148D.060.  If the board
14.21 	has reason to believe that an applicant may be practicing social
14.22 	work without a license, and the applicant has failed the masters
14.23 	or equivalent examination administered by the Association of
14.24 	Social Work Boards or a similar examination body designated by
14.25 	the board, the board may notify the applicant's employer that
14.26 	the applicant is not licensed as a social worker.
14.27 	(i) An applicant who was born in a foreign country, who has
14.28 	taken and failed to pass the examination specified in paragraph
14.29 	(a), clause (2), at least once since January 1, 2000, and for
14.30 	whom English is a second language, is eligible for licensure as
14.31 	a social worker if the applicant:
14.32 	(1) provides evidence to the board of compliance with the
14.33 	requirements in paragraph (a), clauses (1) and (3) to (6), and
14.34 	in paragraphs (b) to (e) and (h); and 
14.35 	(2) provides to the board letters of recommendation and
14.36 	experience ratings from two licensed social workers and one
15.1 	professor from the applicant's social work program who can
15.2 	attest to the applicant's competence.
15.3 	This paragraph expires August 1, 2007.
15.4 		Subd. 4.Qualifications for licensure by examination as a
15.5 	licensed independent social worker. (a) Except as provided in
15.6 	paragraph (i), to be licensed as a licensed independent social
15.7 	worker, an applicant for licensure by examination must provide
15.8 	evidence satisfactory to the board that the applicant:
15.9 	(1) has received a graduate degree in social work from a
15.10 	program accredited by the Council on Social Work Education, the
15.11 	Canadian Association of Schools of Social Work, or a similar
15.12 	accreditation body designated by the board;
15.13 	(2) has practiced social work as defined in section
15.14 	148D.010, and has met the supervised practice requirements
15.15 	specified in sections 148D.100 to 148D.125;
15.16 	(3) has passed the advanced generalist or equivalent
15.17 	examination administered by the Association of Social Work
15.18 	Boards or a similar examination body designated by the board.
15.19 	Unless an applicant applies for licensure by endorsement
15.20 	pursuant to subdivision 7, an examination is not valid if it was
15.21 	taken and passed eight or more years prior to submitting a
15.22 	completed, signed application form provided by the board;
15.23 	(4) has submitted a completed, signed application form
15.24 	provided by the board, including the applicable application fee
15.25 	specified in section 148D.180.  For applications submitted
15.26 	electronically, a "signed application" means providing an
15.27 	attestation as specified by the board;
15.28 	(5) has submitted the criminal background check fee and a
15.29 	form provided by the board authorizing a criminal background
15.30 	check pursuant to subdivision 8;
15.31 	(6) has paid the applicable license fee specified in
15.32 	section 148D.180; and 
15.33 	(7) has not engaged in conduct that was or would be in
15.34 	violation of the standards of practice specified in sections
15.35 	148D.195 to 148D.240.  If the applicant has engaged in conduct
15.36 	that was or would be in violation of the standards of practice,
16.1 	the board may take action pursuant to sections 148D.255 to
16.2 	148D.270.
16.3 	(b) An application which is not completed and signed, or
16.4 	which is not accompanied by the correct fee, must be returned to
16.5 	the applicant, along with any fee submitted, and is void.
16.6 	(c) A licensed independent social worker who practices
16.7 	clinical social work must meet the supervised practice
16.8 	requirements specified in sections 148D.100 to 148D.125.  If a
16.9 	licensee does not meet the supervised practice requirements, the
16.10 	board may take action pursuant to sections 148D.255 to 148D.270.
16.11 	(d) By submitting an application for licensure, an
16.12 	applicant authorizes the board to investigate any information
16.13 	provided or requested in the application.  The board may request
16.14 	that the applicant provide additional information, verification,
16.15 	or documentation.
16.16 	(e) Within one year of the time the board receives an
16.17 	application for licensure, the applicant must meet all the
16.18 	requirements specified in paragraph (a) and must provide all of
16.19 	the information requested by the board pursuant to paragraph
16.20 	(d).  If within one year the applicant does not meet all the
16.21 	requirements, or does not provide all of the information
16.22 	requested, the applicant is considered ineligible and the
16.23 	application for licensure must be closed.
16.24 	(f) Except as provided in paragraph (g), an applicant may
16.25 	not take more than three times the advanced generalist or
16.26 	equivalent examination administered by the Association of Social
16.27 	Work Boards or a similar examination body designated by the
16.28 	board.  An applicant must receive a passing score on the masters
16.29 	or equivalent examination administered by the Association of
16.30 	Social Work Boards or a similar examination body designated by
16.31 	the board in no more than 18 months after the first time the
16.32 	applicant failed the examination.
16.33 	(g) Notwithstanding paragraph (f), the board may allow an
16.34 	applicant to take, for a fourth or subsequent time, the advanced
16.35 	generalist or equivalent examination administered by the
16.36 	Association of Social Work Boards or a similar examination body
17.1 	designated by the board if the applicant:
17.2 	(1) meets all requirements specified in paragraphs (a) to
17.3 	(e) other than passing the advanced generalist or equivalent
17.4 	examination administered by the Association of Social Work
17.5 	Boards or a similar examination body designated by the board;
17.6 	(2) provides to the board a description of the efforts the
17.7 	applicant has made to improve the applicant's score and
17.8 	demonstrates to the board's satisfaction that the efforts are
17.9 	likely to improve the score; and 
17.10 	(3) provides to the board letters of recommendation from
17.11 	two licensed social workers attesting to the applicant's ability
17.12 	to practice social work competently and ethically in accordance
17.13 	with professional social work knowledge, skills, and values.
17.14 	(h) An individual must not practice social work until the
17.15 	individual passes the examination and receives a social work
17.16 	license under this section or section 148D.060.  If the board
17.17 	has reason to believe that an applicant may be practicing social
17.18 	work without a license, except as provided in section 148D.065,
17.19 	and the applicant has failed the advanced generalist or
17.20 	equivalent examination administered by the Association of Social
17.21 	Work Boards or a similar examination body designated by the
17.22 	board, the board may notify the applicant's employer that the
17.23 	applicant is not licensed as a social worker.
17.24 	(i) An applicant who was born in a foreign country, who has
17.25 	taken and failed to pass the examination specified in paragraph
17.26 	(a), clause (3), at least once since January 1, 2000, and for
17.27 	whom English is a second language, is eligible for licensure as
17.28 	a social worker if the applicant:
17.29 	(1) provides evidence to the board of compliance with the
17.30 	requirements in paragraph (a), clauses (1), (2), and (4) to (7),
17.31 	and in paragraphs (b) to (e) and (h); and 
17.32 	(2) provides to the board letters of recommendation and
17.33 	experience ratings from two licensed social workers and one
17.34 	professor from the applicant's social work program who can
17.35 	attest to the applicant's competence.
17.36 	This paragraph expires August 1, 2007.
18.1 		Subd. 5.Qualifications for licensure by examination as a
18.2 	licensed independent clinical social worker. (a) Except as
18.3 	provided in paragraph (h), to be licensed as a licensed
18.4 	independent clinical social worker, an applicant for licensure
18.5 	by examination must provide evidence satisfactory to the board
18.6 	that the applicant:
18.7 	(1) has received a graduate degree in social work from a
18.8 	program accredited by the Council on Social Work Education, the
18.9 	Canadian Association of Schools of Social Work, or a similar
18.10 	accreditation body designated by the board;
18.11 	(2) has practiced clinical social work as defined in
18.12 	section 148D.010, including both diagnosis and treatment, and
18.13 	has met the supervised practice requirements specified in
18.14 	sections 148D.100 to 148D.125;
18.15 	(3) has passed the clinical or equivalent examination
18.16 	administered by the Association of Social Work Boards or a
18.17 	similar examination body designated by the board.  Unless an
18.18 	applicant applies for licensure by endorsement pursuant to
18.19 	subdivision 7, an examination is not valid if it was taken and
18.20 	passed eight or more years prior to submitting a completed,
18.21 	signed application form provided by the board;
18.22 	(4) has submitted a completed, signed application form
18.23 	provided by the board, including the applicable application fee
18.24 	specified in section 148D.180.  For applications submitted
18.25 	electronically, a "signed application" means providing an
18.26 	attestation as specified by the board;
18.27 	(5) has submitted the criminal background check fee and a
18.28 	form provided by the board authorizing a criminal background
18.29 	check pursuant to subdivision 8;
18.30 	(6) has paid the license fee specified in section 148D.180;
18.31 	and 
18.32 	(7) has not engaged in conduct that was or would be in
18.33 	violation of the standards of practice specified in sections
18.34 	148D.195 to 148D.240.  If the applicant has engaged in conduct
18.35 	that was or would be in violation of the standards of practice,
18.36 	the board may take action pursuant to sections 148D.255 to
19.1 	148D.270.
19.2 	(b) An application which is not completed and signed, or
19.3 	which is not accompanied by the correct fee, must be returned to
19.4 	the applicant, along with any fee submitted, and is void.
19.5 	(c) By submitting an application for licensure, an
19.6 	applicant authorizes the board to investigate any information
19.7 	provided or requested in the application.  The board may request
19.8 	that the applicant provide additional information, verification,
19.9 	or documentation.
19.10 	(d) Within one year of the time the board receives an
19.11 	application for licensure, the applicant must meet all the
19.12 	requirements specified in paragraph (a) and must provide all of
19.13 	the information requested by the board pursuant to paragraph
19.14 	(c).  If within one year the applicant does not meet all the
19.15 	requirements, or does not provide all of the information
19.16 	requested, the applicant is considered ineligible and the
19.17 	application for licensure must be closed.
19.18 	(e) Except as provided in paragraph (f), an applicant may
19.19 	not take more than three times the clinical or equivalent
19.20 	examination administered by the Association of Social Work
19.21 	Boards or a similar examination body designated by the board.
19.22 	An applicant must receive a passing score on the clinical or
19.23 	equivalent examination administered by the Association of Social
19.24 	Work Boards or a similar examination body designated by the
19.25 	board no later than 18 months after the first time the applicant
19.26 	failed the examination.
19.27 	(f) Notwithstanding paragraph (e), the board may allow an
19.28 	applicant to take, for a fourth or subsequent time, the clinical
19.29 	or equivalent examination administered by the Association of
19.30 	Social Work Boards or a similar examination body designated by
19.31 	the board if the applicant:
19.32 	(1) meets all requirements specified in paragraphs (a) to
19.33 	(d) other than passing the clinical or equivalent examination
19.34 	administered by the Association of Social Work Boards or a
19.35 	similar examination body designated by the board;
19.36 	(2) provides to the board a description of the efforts the
20.1 	applicant has made to improve the applicant's score and
20.2 	demonstrates to the board's satisfaction that the efforts are
20.3 	likely to improve the score; and 
20.4 	(3) provides to the board letters of recommendation from
20.5 	two licensed social workers attesting to the applicant's ability
20.6 	to practice social work competently and ethically in accordance
20.7 	with professional social work knowledge, skills, and values.
20.8 	(g) An individual must not practice social work until the
20.9 	individual passes the examination and receives a social work
20.10 	license under this section or section 148D.060.  If the board
20.11 	has reason to believe that an applicant may be practicing social
20.12 	work without a license, and the applicant has failed the
20.13 	clinical or equivalent examination administered by the
20.14 	Association of Social Work Boards or a similar examination body
20.15 	designated by the board, the board may notify the applicant's
20.16 	employer that the applicant is not licensed as a social worker.
20.17 	(h) An applicant who was born in a foreign country, who has
20.18 	taken and failed to pass the examination specified in paragraph
20.19 	(a), clause (3), at least once since January 1, 2000, and for
20.20 	whom English is a second language, is eligible for licensure as
20.21 	a social worker if the applicant:
20.22 	(1) provides evidence to the board of compliance with the
20.23 	requirements in paragraph (a), clauses (1), (2), and (4) to (7),
20.24 	and paragraphs (b) to (d) and (g); and 
20.25 	(2) provides to the board letters of recommendation and
20.26 	experience ratings from two licensed social workers and one
20.27 	professor from the applicant's social work program who can
20.28 	attest to the applicant's competence.
20.29 	This paragraph expires August 1, 2007.
20.30 		Subd. 6.Degrees from outside the united states or
20.31 	canada. If an applicant receives a degree from a program
20.32 	outside the United States or Canada that is not accredited by
20.33 	the Council on Social Work Education, the Canadian Association
20.34 	of Schools of Social Work, or a similar examination body
20.35 	designated by the board, the degree does not fulfill the
20.36 	requirements specified in subdivision 2, paragraph (a), clause
21.1 	(1); 3, paragraph (a), clause (1); 4, paragraph (a), clause (1);
21.2 	or 5, paragraph (a), clause (1), unless the Council on Social
21.3 	Work Education or a similar accreditation body designated by the
21.4 	board has determined through the council's international
21.5 	equivalency determination service that the degree earned is
21.6 	equivalent to the degree required.
21.7 		Subd. 7.Licensure by endorsement. (a) An applicant for
21.8 	licensure by endorsement must hold a current license or
21.9 	credential to practice social work in another jurisdiction.
21.10 	(b) An applicant for licensure by endorsement who meets the
21.11 	qualifications of paragraph (a) and who demonstrates to the
21.12 	satisfaction of the board that the applicant passed the
21.13 	examination administered by the Association of Social Work
21.14 	Boards or a similar examination body designated by the board for
21.15 	the applicable license in Minnesota is not required to retake
21.16 	the licensing examination.
21.17 	(c) An application for licensure by endorsement must meet
21.18 	the applicable license requirements specified in subdivisions 1
21.19 	to 6 and submit the licensure by endorsement application fee
21.20 	specified in section 148D.180.
21.21 		Subd. 8.Criminal background checks. (a) Except as
21.22 	provided in paragraph (b), an initial license application must
21.23 	be accompanied by:
21.24 	(1) a form provided by the board authorizing the board to
21.25 	complete a criminal background check; and 
21.26 	(2) the criminal background check fee specified by the
21.27 	Bureau of Criminal Apprehension.
21.28 	Criminal background check fees collected by the board must
21.29 	be used to reimburse the Bureau of Criminal Apprehension for the
21.30 	criminal background checks.
21.31 	(b) An applicant who has previously submitted a license
21.32 	application authorizing the board to complete a criminal
21.33 	background check is exempt from the requirement specified in
21.34 	paragraph (a).
21.35 	(c) If a criminal background check indicates that an
21.36 	applicant has engaged in criminal behavior, the board may take
22.1 	action pursuant to sections 148D.255 to 148D.270.
22.2 		Subd. 9.Effective date. The effective date of an
22.3 	initial license is the day on which the board receives the
22.4 	applicable license fee from an applicant approved for licensure.
22.5 		Subd. 10.Expiration date. The expiration date of an
22.6 	initial license is the last day of the licensee's birth month in
22.7 	the second calendar year following the effective date of the
22.8 	initial license.
22.9 		Subd. 11.Change in license. (a) A licensee who changes
22.10 	from a licensed social worker to a licensed graduate social
22.11 	worker, or from a licensed graduate social worker to a licensed
22.12 	independent social worker, or from a licensed graduate social
22.13 	worker or licensed independent social worker to a licensed
22.14 	independent clinical social worker, must pay the prorated share
22.15 	of the fee for the new license.
22.16 	(b) The effective date of the new license is the day on
22.17 	which the board receives the applicable license fee from an
22.18 	applicant approved for the new license.
22.19 	(c) The expiration date of the new license is the same date
22.20 	as the expiration date of the license held by the licensee prior
22.21 	to the change in the license.

22.22 	Sec. 13. [148D.060] TEMPORARY LICENSES.
22.23 		Subdivision 1.Students and other persons not currently
22.24 	licensed in another jurisdiction. The board may issue a
22.25 	temporary license to practice social work to an applicant who is
22.26 	not licensed or credentialed to practice social work in any
22.27 	jurisdiction but has:
22.28 	(1) applied for a license under section 148D.055;
22.29 	(2) applied for a temporary license on a form provided by
22.30 	the board;
22.31 	(3) submitted a form provided by the board authorizing the
22.32 	board to complete a criminal background check;
22.33 	(4) passed the applicable licensure examination provided
22.34 	for in section 148D.055;
22.35 	(5) attested on a form provided by the board that the
22.36 	applicant has completed the requirements for a baccalaureate or
23.1 	graduate degree in social work from a program accredited by the
23.2 	Council on Social Work Education, the Canadian Association of
23.3 	Schools of Social Work, or a similar accreditation body
23.4 	designated by the board; and 
23.5 	(6) not engaged in conduct that was or would be in
23.6 	violation of the standards of practice specified in sections
23.7 	148D.195 to 148D.240.  If the applicant has engaged in conduct
23.8 	that was or would be in violation of the standards of practice,
23.9 	the board may take action pursuant to sections 148D.255 to
23.10 	148D.270.
23.11 		Subd. 2.Emergency situations and persons currently
23.12 	licensed in another jurisdiction. The board may issue a
23.13 	temporary license to practice social work to an applicant who is
23.14 	licensed or credentialed to practice social work in another
23.15 	jurisdiction, may or may not have applied for a license under
23.16 	section 148D.055, and has:
23.17 	(1) applied for a temporary license on a form provided by
23.18 	the board;
23.19 	(2) submitted a form provided by the board authorizing the
23.20 	board to complete a criminal background check;
23.21 	(3) submitted evidence satisfactory to the board that the
23.22 	applicant is currently licensed or credentialed to practice
23.23 	social work in another jurisdiction;
23.24 	(4) attested on a form provided by the board that the
23.25 	applicant has completed the requirements for a baccalaureate or
23.26 	graduate degree in social work from a program accredited by the
23.27 	Council on Social Work Education, the Canadian Association of
23.28 	Schools of Social Work, or a similar accreditation body
23.29 	designated by the board; and 
23.30 	(5) not engaged in conduct that was or would be in
23.31 	violation of the standards of practice specified in sections
23.32 	148D.195 to 148D.240.  If the applicant has engaged in conduct
23.33 	that was or would be in violation of the standards of practice,
23.34 	the board may take action pursuant to sections 148D.255 to
23.35 	148D.270.
23.36 		Subd. 3.Teachers. The board may issue a temporary
24.1 	license to practice social work to an applicant whose permanent
24.2 	residence is outside the United States, who is teaching social
24.3 	work at an academic institution in Minnesota for a period not to
24.4 	exceed 12 months, who may or may not have applied for a license
24.5 	under section 148D.055, and who has:
24.6 	(1) applied for a temporary license on a form provided by
24.7 	the board;
24.8 	(2) submitted a form provided by the board authorizing the
24.9 	board to complete a criminal background check;
24.10 	(3) attested on a form provided by the board that the
24.11 	applicant has completed the requirements for a baccalaureate or
24.12 	graduate degree in social work; and 
24.13 	(4) has not engaged in conduct that was or would be in
24.14 	violation of the standards of practice specified in sections
24.15 	148D.195 to 148D.240.  If the applicant has engaged in conduct
24.16 	that was or would be in violation of the standards of practice,
24.17 	the board may take action pursuant to sections 148D.255 to
24.18 	148D.270.
24.19 		Subd. 4.Temporary license application fee. An applicant
24.20 	for a temporary license must pay the application fee described
24.21 	in section 148D.180 plus the required fee for the cost of the
24.22 	criminal background check.  Only one fee for the cost of the
24.23 	criminal background check must be submitted when the applicant
24.24 	is applying for both a temporary license and a license under
24.25 	section 148D.055.
24.26 		Subd. 5.Temporary license term. (a) A temporary license
24.27 	is valid until expiration, or until the board issues or denies
24.28 	the license pursuant to section 148D.055, or until the board
24.29 	revokes the temporary license, whichever comes first.  A
24.30 	temporary license is nonrenewable.
24.31 	(b) A temporary license issued pursuant to subdivision 1 or
24.32 	2 expires after six months.
24.33 	(c) A temporary license issued pursuant to subdivision 3
24.34 	expires after 12 months.
24.35 		Subd. 6.Licensee with a temporary license who has
24.36 	completed requirements for a baccalaureate degree. A licensee
25.1 	with a temporary license who has provided evidence to the board
25.2 	that the licensee has completed the requirements for a
25.3 	baccalaureate degree in social work from a program accredited by
25.4 	the Council on Social Work Education, the Canadian Association
25.5 	of Schools of Social Work, or a similar accreditation body
25.6 	designated by the board may temporarily engage in social work
25.7 	practice except that a licensee with a temporary license may not
25.8 	engage in clinical social work practice.
25.9 		Subd. 7.Licensee with a temporary license who has
25.10 	completed requirements for a graduate degree. A licensee with a
25.11 	temporary license who has provided evidence to the board that
25.12 	the licensee has completed the requirements for a graduate
25.13 	degree in social work from a program accredited by the Council
25.14 	on Social Work Education, the Canadian Association of Schools of
25.15 	Social Work, or a similar accreditation body designated by the
25.16 	board may temporarily engage in social work practice, including
25.17 	clinical practice.
25.18 		Subd. 8.Supervision requirements. (a) Except as
25.19 	provided in paragraph (b), an applicant who is not currently
25.20 	licensed or credentialed to practice social work in another
25.21 	jurisdiction and who obtains a temporary license may practice
25.22 	social work only under the supervision of an individual licensed
25.23 	as a social worker who is eligible to provide supervision under
25.24 	sections 148D.100 to 148D.125.  Before the applicant is approved
25.25 	for licensure, the applicant's supervisor must attest to the
25.26 	board's satisfaction that the applicant has practiced social
25.27 	work under supervision.  This supervision applies toward the
25.28 	supervision required after licensure.
25.29 	(b) If an applicant is currently licensed or credentialed
25.30 	to practice social work in another jurisdiction, and receives a
25.31 	temporary license pursuant to subdivision 3, the requirements
25.32 	specified in paragraph (a) do not apply.  However, if an
25.33 	applicant with a temporary license chooses to practice social
25.34 	work under supervision, the supervision applies to the
25.35 	requirements specified in sections 148D.100 to 148D.125.
25.36 		Subd. 9.Prohibition on practice. An applicant for a
26.1 	temporary license must not practice social work in Minnesota,
26.2 	except as provided in section 148D.065, until the applicant has
26.3 	been granted a temporary license.
26.4 		Subd. 10.Representation of professional status. In
26.5 	making representations of professional status to the public, a
26.6 	licensee with a temporary license must state that the licensee
26.7 	has a temporary license.
26.8 		Subd. 11.Standards of practice. A licensee with a
26.9 	temporary license must conduct all professional activities as a
26.10 	social worker in accordance with the requirements of sections
26.11 	148D.195 to 148D.240.
26.12 		Subd. 12.Ineligibility. An applicant who is currently
26.13 	practicing social work in Minnesota in a setting that is not
26.14 	exempt under section 148D.065 at the time of application is
26.15 	ineligible for a temporary license.
26.16 		Subd. 13.Revocation of temporary license. The board may
26.17 	immediately revoke the temporary license of any licensee who
26.18 	violates any requirements of this section.  The revocation must
26.19 	be made for cause, without notice or opportunity to be heard.  A
26.20 	licensee whose temporary license is revoked must immediately
26.21 	return the temporary license to the board.

26.22 	Sec. 14. [148D.065] EXEMPTIONS.
26.23 		Subdivision 1.Other professionals. Nothing in this
26.24 	chapter may be construed to prevent members of other professions
26.25 	or occupations from performing functions for which they are
26.26 	qualified or licensed.  This exception includes but is not
26.27 	limited to:  licensed physicians, registered nurses, licensed
26.28 	practical nurses, licensed psychologists, psychological
26.29 	practitioners, probation officers, members of the clergy and
26.30 	Christian Science practitioners, attorneys, marriage and family
26.31 	therapists, alcohol and drug counselors, professional
26.32 	counselors, school counselors, and registered occupational
26.33 	therapists or certified occupational therapist assistants.
26.34 	These persons must not, however, hold themselves out to the
26.35 	public by any title or description stating or implying that they
26.36 	are engaged in the practice of social work, or that they are
27.1 	licensed to engage in the practice of social work.  Persons
27.2 	engaged in the practice of social work are not exempt from the
27.3 	board's jurisdiction solely by the use of one of the titles in
27.4 	this subdivision.
27.5 		Subd. 2.Students. An internship, externship, or any
27.6 	other social work experience that is required for the completion
27.7 	of an accredited program of social work does not constitute the
27.8 	practice of social work under this chapter.
27.9 		Subd. 3.Geographic waiver. A geographic waiver may be
27.10 	granted by the board on a case-by-case basis to agencies with
27.11 	special regional hiring problems.  The waiver is for the purpose
27.12 	of permitting agencies to hire individuals who do not meet the
27.13 	qualifications of section 148D.055 or 148D.060 to practice
27.14 	social work.
27.15 		Subd. 4.City, county, and state agency social
27.16 	workers. The licensure of city, county, and state agency social
27.17 	workers is voluntary.  City, county, and state agencies
27.18 	employing social workers are not required to employ licensed
27.19 	social workers.
27.20 		Subd. 5.Federally recognized tribes and private
27.21 	nonprofit agencies with a minority focus. The licensure of
27.22 	social workers who are employed by federally recognized tribes,
27.23 	or by private nonprofit agencies whose primary service focus
27.24 	addresses ethnic minority populations, and who are themselves
27.25 	members of ethnic minority populations within those agencies, is
27.26 	voluntary.

27.27 	Sec. 15. [148D.070] LICENSE RENEWALS.
27.28 		Subdivision 1.License renewal term. (a) If a license is
27.29 	renewed, the license must be renewed for a two-year renewal
27.30 	term.  The renewal term is the period from the effective date of
27.31 	an initial or renewed license to the expiration date of the
27.32 	license.
27.33 	(b) The effective date of a renewed license is the day
27.34 	following the expiration date of the expired license.
27.35 	(c) The expiration date of a renewed license is the last
27.36 	day of the licensee's birth month in the second calendar year
28.1 	following the effective date of the renewed license.
28.2 		Subd. 2.Mailing license renewal notices. The board must
28.3 	mail a notice for license renewal to a licensee at least 45 days
28.4 	before the expiration date of the license.  Mailing the notice
28.5 	by United States mail to the licensee's last known mailing
28.6 	address constitutes valid mailing.  Failure to receive the
28.7 	renewal notice does not relieve a licensee of the obligation to
28.8 	renew a license and to pay the renewal fee.
28.9 		Subd. 3.Submitting license renewal applications. (a) In
28.10 	order to renew a license, a licensee must submit:
28.11 	(1) a completed, signed application for license renewal;
28.12 	and 
28.13 	(2) the applicable renewal fee specified in section
28.14 	148D.180.
28.15 	The completed, signed application and renewal fee must be
28.16 	received by the board prior to midnight of the day of the
28.17 	license expiration date.  For renewals submitted electronically,
28.18 	a "signed application" means providing an attestation as
28.19 	specified by the board.
28.20 	(b) An application which is not completed and signed, or
28.21 	which is not accompanied by the correct fee, must be returned to
28.22 	the applicant, along with any fee submitted, and is void.
28.23 	(c) The completed, signed application must include
28.24 	documentation that the licensee has met the continuing education
28.25 	requirements specified in sections 148D.130 to 148D.170 and, if
28.26 	applicable, the supervised practice requirements specified in
28.27 	sections 148D.100 to 148D.125.
28.28 	(d) By submitting a renewal application, an applicant
28.29 	authorizes the board to:
28.30 	(1) investigate any information provided or requested in
28.31 	the application.  The board may request that the applicant
28.32 	provide additional information, verification, or documentation;
28.33 	(2) conduct an audit to determine if the applicant has met
28.34 	the continuing education requirements specified in sections
28.35 	148D.130 to 148D.170; and 
28.36 	(3) if applicable, conduct an audit to determine whether
29.1 	the applicant has met the supervision requirements specified in
29.2 	sections 148D.100 to 148D.125.
29.3 	(e) If a licensee's application for license renewal meets
29.4 	the requirements specified in paragraph (a), the licensee may
29.5 	continue to practice after the license expiration date until the
29.6 	board approves or denies the application.
29.7 		Subd. 4.Renewal late fee. An application that is
29.8 	received after the license expiration date must be accompanied
29.9 	by the renewal late fee specified in section 148D.180 in
29.10 	addition to the applicable renewal fee.  The application,
29.11 	renewal fee, and renewal late fee must be received by the board
29.12 	within 60 days of the license expiration date, or the license
29.13 	automatically expires.
29.14 		Subd. 5.Expired license. (a) If an application does not
29.15 	meet the requirements specified in subdivisions 3 and 4, the
29.16 	license automatically expires.  A licensee whose license has
29.17 	expired may reactivate a license by meeting the requirements in
29.18 	section 148D.080 or be relicensed by meeting the requirements
29.19 	specified in section 148D.055.
29.20 	(b) The board may take action pursuant to sections 148D.255
29.21 	to 148D.270 based on a licensee's conduct before the expiration
29.22 	of the license.
29.23 	(c) An expired license may be reactivated within one year
29.24 	of the expiration date specified in section 148D.080.  After one
29.25 	year of the expiration date, an individual may apply for a new
29.26 	license pursuant to section 148D.055.

29.27 	Sec. 16. [148D.075] INACTIVE LICENSES.
29.28 		Subdivision 1.Inactive status. (a) A licensee qualifies
29.29 	for inactive status under either of the circumstances described
29.30 	in paragraph (b) or (c).
29.31 	(b) A licensee qualifies for inactive status when the
29.32 	licensee is granted temporary leave from active practice.  A
29.33 	licensee qualifies for temporary leave from active practice if
29.34 	the licensee demonstrates to the satisfaction of the board that
29.35 	the licensee is not engaged in the practice of social work in
29.36 	any setting, including settings in which social workers are
30.1 	exempt from licensure pursuant to section 148D.065.  A licensee
30.2 	who is granted temporary leave from active practice may
30.3 	reactivate the license pursuant to section 148D.080.
30.4 	(c) A licensee qualifies for inactive status when a
30.5 	licensee is granted an emeritus license.  A licensee qualifies
30.6 	for an emeritus license if the licensee demonstrates to the
30.7 	satisfaction of the board that:
30.8 	(i) the licensee is retired from social work practice; and 
30.9 	(ii) the licensee is not engaged in the practice of social
30.10 	work in any setting, including settings in which social workers
30.11 	are exempt from licensure pursuant to section 148D.065.
30.12 	A licensee who possesses an emeritus license may reactivate the
30.13 	license pursuant to section 148D.080.
30.14 		Subd. 2.Application. A licensee may apply for inactive
30.15 	status:
30.16 	(1) at any time by submitting an application for a
30.17 	temporary leave from active practice or for an emeritus license;
30.18 	or 
30.19 	(2) as an alternative to applying for the renewal of a
30.20 	license by so recording on the application for license renewal
30.21 	and submitting the completed, signed application to the board.
30.22 	An application that is not completed or signed, or that is
30.23 	not accompanied by the correct fee, must be returned to the
30.24 	applicant, along with any fee submitted, and is void.  For
30.25 	applications submitted electronically, a "signed application"
30.26 	means providing an attestation as specified by the board.
30.27 		Subd. 3.Fee. (a) Regardless of when the application for
30.28 	inactive status is submitted, the temporary leave or emeritus
30.29 	license fee specified in section 148D.180, whichever is
30.30 	applicable, must accompany the application.  A licensee who is
30.31 	approved for inactive status before the license expiration date
30.32 	is not entitled to receive a refund for any portion of the
30.33 	license or renewal fee.
30.34 	(b) If an application for temporary leave is received after
30.35 	the license expiration date, the licensee must pay a renewal
30.36 	late fee as specified in section 148D.180 in addition to the
31.1 	temporary leave fee.
31.2 		Subd. 4.Time limits for temporary leaves. A licensee
31.3 	may maintain an inactive license on temporary leave for no more
31.4 	than five consecutive years.  If a licensee does not apply for
31.5 	reactivation within 60 days following the end of the consecutive
31.6 	five-year period, the license automatically expires.
31.7 		Subd. 5.Time limits for an emeritus license. A licensee
31.8 	with an emeritus license may not apply for reactivation pursuant
31.9 	to section 148D.080 after five years following the granting of
31.10 	the emeritus license.  However, after five years following the
31.11 	granting of the emeritus license, an individual may apply for
31.12 	new licensure pursuant to section 148D.055.
31.13 		Subd. 6.Prohibition on practice. (a) Except as provided
31.14 	in paragraph (b), a licensee whose license is inactive must not
31.15 	practice, attempt to practice, offer to practice, or advertise
31.16 	or hold out as authorized to practice social work.
31.17 	(b) The board may grant a variance to the requirements of
31.18 	paragraph (a) if a licensee on inactive status provides
31.19 	emergency social work services.  A variance is granted only if
31.20 	the board provides the variance in writing to the licensee.  The
31.21 	board may impose conditions or restrictions on the variance.
31.22 		Subd. 7.Representations of professional status. In
31.23 	making representations of professional status to the public, a
31.24 	licensee whose license is inactive must state that the license
31.25 	is inactive and that the licensee cannot practice social work.
31.26 		Subd. 8.Disciplinary or other action. The board may
31.27 	resolve any pending complaints against a licensee before
31.28 	approving an application for inactive status.  The board may
31.29 	take action pursuant to sections 148D.255 to 148D.270 against a
31.30 	licensee whose license is inactive based on conduct occurring
31.31 	before the license is inactive or conduct occurring while the
31.32 	license is inactive.

31.33 	Sec. 17. [148D.080] REACTIVATIONS.
31.34 		Subdivision 1.Mailing notices to licensees on temporary
31.35 	leave. The board must mail a notice for reactivation to a
31.36 	licensee on temporary leave at least 45 days before the
32.1 	expiration date of the license pursuant to section 148D.075,
32.2 	subdivision 4.  Mailing the notice by United States mail to the
32.3 	licensee's last known mailing address constitutes valid
32.4 	mailing.  Failure to receive the reactivation notice does not
32.5 	relieve a licensee of the obligation to comply with the
32.6 	provisions of this section to reactivate a license.
32.7 		Subd. 2.Reactivation from a temporary leave or emeritus
32.8 	status. To reactivate a license from a temporary leave or
32.9 	emeritus status, a licensee must do the following within the
32.10 	time period specified in section 148D.075, subdivisions 4 and 5:
32.11 	(1) complete an application form specified by the board;
32.12 	(2) document compliance with the continuing education
32.13 	requirements specified in subdivision 4;
32.14 	(3) submit a supervision plan, if required;
32.15 	(4) pay the reactivation of an inactive licensee fee
32.16 	specified in section 148D.180; and 
32.17 	(5) pay the wall certificate fee in accordance with section
32.18 	148D.095, subdivision 1, paragraph (b) or (c), if the licensee
32.19 	needs a duplicate license.
32.20 		Subd. 3.Reactivation of an expired license. To
32.21 	reactivate an expired license, a licensee must do the following
32.22 	within one year of the expiration date:
32.23 	(1) complete an application form specified by the board;
32.24 	(2) document compliance with the continuing education
32.25 	requirements that were in effect at the time the license
32.26 	expired;
32.27 	(3) document compliance with the supervision requirements,
32.28 	if applicable, that were in effect at the time the license
32.29 	expired; and 
32.30 	(4) pay the reactivation of an expired license fee
32.31 	specified in section 148D.180.
32.32 		Subd. 4.Continuing education requirements. (a) A
32.33 	licensee who is on temporary leave or who has an emeritus
32.34 	license must obtain the continuing education hours that would be
32.35 	required if the license was active.  At the time of
32.36 	reactivation, the licensee must document compliance with the
33.1 	continuing education requirements specified in sections 148D.130
33.2 	to 148D.170.
33.3 	(b) A licensee applying for reactivation pursuant to
33.4 	subdivision 2 or 3 may apply for a variance to the continuing
33.5 	education requirements pursuant to sections 148D.130 to 148D.170.
33.6 		Subd. 5.Reactivation of a voluntarily terminated
33.7 	license. To reactivate a voluntarily terminated license, a
33.8 	licensee must do the following within one year of the date the
33.9 	voluntary termination takes effect:
33.10 	(1) complete an application form specified by the board;
33.11 	(2) document compliance with the continued education
33.12 	requirements that were in effect at the time the license was
33.13 	voluntarily terminated;
33.14 	(3) document compliance with the supervision requirements,
33.15 	if applicable, that were in effect at the time the license was
33.16 	voluntarily terminated; and 
33.17 	(4) pay the reactivation of an expired or voluntarily
33.18 	terminated license fee specified in section 148D.180.

33.19 	Sec. 18. [148D.085] VOLUNTARY TERMINATIONS.
33.20 		Subdivision 1.Requests for voluntary termination. (a) A
33.21 	licensee may request voluntary termination of a license if the
33.22 	licensee demonstrates to the satisfaction of the board that the
33.23 	licensee is not engaged in the practice of social work in any
33.24 	setting except settings in which social workers are exempt from
33.25 	licensure pursuant to section 148D.065.
33.26 	(b) A licensee may apply for voluntary termination:
33.27 	(1) at any time by submitting an application; or 
33.28 	(2) as an alternative to applying for the renewal of a
33.29 	license by so recording on the application for license renewal
33.30 	and submitting the completed, signed application to the board.
33.31 	For applications submitted electronically, a "signed
33.32 	application" means providing an attestation as specified by the
33.33 	board.  An application that is not completed and signed must be
33.34 	returned to the applicant and is void.
33.35 	(c) The board may resolve any pending complaints against a
33.36 	licensee before approving a request for voluntary termination.
34.1 		Subd. 2.Application for new licensure. A licensee who
34.2 	has voluntarily terminated a license may not reactivate the
34.3 	license after one year following the date the voluntary
34.4 	termination takes effect.  However, a licensee who has
34.5 	voluntarily terminated a license may apply for a new license
34.6 	pursuant to section 148D.055.
34.7 		Subd. 3.Prohibition on practice. A licensee who has
34.8 	voluntarily terminated a license must not practice, attempt to
34.9 	practice, offer to practice, or advertise or hold out as
34.10 	authorized to practice social work, except when the individual
34.11 	is exempt from licensure pursuant to section 148D.065.
34.12 		Subd. 4.Disciplinary or other action. The board may
34.13 	take action pursuant to sections 148D.255 to 148D.270 against a
34.14 	licensee whose license has been terminated based on conduct
34.15 	occurring before the license is terminated or for practicing
34.16 	social work without a license.

34.17 	Sec. 19. [148D.090] NAME; CHANGE OF NAME OR ADDRESS.
34.18 		Subdivision 1.Name. A licensee must use the licensee's
34.19 	legal name or a professional name.  If the licensee uses a
34.20 	professional name, the licensee must inform the board in writing
34.21 	of both the licensee's professional name and legal name and must
34.22 	comply with the requirements of this section.
34.23 		Subd. 2.Legal name change. Within 30 days after
34.24 	changing the licensee's legal name, a licensee must:
34.25 	(1) request a new license wall certificate;
34.26 	(2) provide legal verification of the name change; and 
34.27 	(3) pay the license wall certificate fee specified in
34.28 	section 148D.180.
34.29 		Subd. 3.Professional name change. Within 30 days after
34.30 	changing the licensee's professional name, a licensee must:
34.31 	(1) request a new license wall certificate;
34.32 	(2) provide a notarized statement attesting to the name
34.33 	change; and 
34.34 	(3) pay the license wall certificate fee specified in
34.35 	section 148D.180.
34.36 		Subd. 4.Address or telephone change. When a licensee
35.1 	changes a mailing address, home address, work address, e-mail
35.2 	address, or daytime public telephone number, the licensee must
35.3 	notify the board of the change electronically or in writing no
35.4 	more than 30 days after the date of the change.

35.5 	Sec. 20. [148D.095] LICENSE CERTIFICATE OR CARD.
35.6 		Subdivision 1.License wall certificate. (a) The board
35.7 	must issue a new license wall certificate when the board issues
35.8 	a new license.  No fee in addition to the applicable license fee
35.9 	specified in section 148D.180 is required.
35.10 	(b) The board must replace a license wall certificate when:
35.11 	(1) a licensee submits an affidavit to the board that the
35.12 	original license wall certificate was lost, stolen, or
35.13 	destroyed; and 
35.14 	(2) the licensee submits the license wall certificate fee
35.15 	specified in section 148D.180.
35.16 	(c) The board must issue a revised license wall certificate
35.17 	when:
35.18 	(1) a licensee requests a revised license wall certificate
35.19 	pursuant to section 148D.095; and 
35.20 	(2) submits the license wall certificate fee specified in
35.21 	section 148D.180.
35.22 	(d) The board must issue an additional license wall
35.23 	certificate when:
35.24 	(1) a licensee submits a written request for a new
35.25 	certificate because the licensee practices in more than one
35.26 	location; and 
35.27 	(2) the licensee submits the license wall certificate fee
35.28 	specified in section 148D.180.
35.29 		Subd. 2.License card. (a) The board must issue a new
35.30 	license card when the board issues a new license.  No fee in
35.31 	addition to the applicable license fee specified in section
35.32 	148D.180 is required.
35.33 	(b) The board must replace a license card when a licensee
35.34 	submits:
35.35 	(1) an affidavit to the board that the original license
35.36 	card was lost, stolen, or destroyed; and 
36.1 	(2) the license card fee specified in section 148D.180.
36.2 	(c) The board must issue a revised license card when the
36.3 	licensee submits a written request for a new license wall
36.4 	certificate because of a new professional or legal name pursuant
36.5 	to section 148D.090, subdivision 2 or 3.  No fee in addition to
36.6 	the one specified in subdivision 1, paragraph (b), is required.
36.7 	SUPERVISED PRACTICE

36.8 	Sec. 21. [148D.100] LICENSED SOCIAL WORKERS; SUPERVISED
36.9 	PRACTICE.
36.10 		Subdivision 1.Supervision required after licensure.
 36.11 	After receiving a license from the board as a licensed social
36.12 	worker, the licensed social worker must obtain at least 75 hours
36.13 	of supervision in accordance with the requirements of this
36.14 	section.
36.15 		Subd. 2.Practice requirements. The supervision required
36.16 	by subdivision 1 must be obtained during the first 4,000 hours
36.17 	of postbaccalaureate social work practice authorized by law.  At
36.18 	least three hours of supervision must be obtained during every
36.19 	160 hours of practice.
36.20 		Subd. 3.Types of supervision. (a) Thirty-seven and
36.21 	one-half hours of the supervision required by subdivision 1 must
36.22 	consist of one-on-one in-person supervision.
36.23 	(b) Thirty-seven and one-half hours must consist of one or
36.24 	more of the following types of supervision, subject to the
36.25 	limitation in clause (3):
36.26 	(1) one-on-one in-person supervision;
36.27 	(2) in-person group supervision; or 
36.28 	(3) electronic supervision such as by telephone or video
36.29 	conferencing, provided that electronic supervision must not
36.30 	exceed 25 hours.
36.31 	(c) To qualify as in-person group supervision, the group
36.32 	must not exceed seven members including the supervisor.
36.33 		Subd. 4.Supervisor requirements. The supervision
36.34 	required by subdivision 1 must be provided by a supervisor who:
36.35 	(1) is a licensed social worker who has completed the
36.36 	supervised practice requirements;
37.1 	(2) is a licensed graduate social worker, licensed
37.2 	independent social worker, or licensed independent clinical
37.3 	social worker; or 
37.4 	(3) meets the requirements specified in section 148D.120,
37.5 	subdivision 2.
37.6 		Subd. 5.Supervisee requirements. The supervisee must:
37.7 	(1) to the satisfaction of the supervisor, practice
37.8 	competently and ethically in accordance with professional social
37.9 	work knowledge, skills, and values;
37.10 	(2) receive supervision in the following content areas:
37.11 	(i) development of professional values and
37.12 	responsibilities;
37.13 	(ii) practice skills;
37.14 	(iii) authorized scope of practice;
37.15 	(iv) ensuring continuing competence; and 
37.16 	(v) ethical standards of practice;
37.17 	(3) submit a supervision plan in accordance with section
37.18 	148D.125, subdivision 1; and 
37.19 	(4) if the board audits the supervisee's supervised
37.20 	practice, submit verification of supervised practice in
37.21 	accordance with section 148D.125, subdivision 3.
37.22 		Subd. 6.After completion of supervision requirements. A
37.23 	licensed social worker who fulfills the supervision requirements
37.24 	specified in subdivisions 1 to 5 is not required to be
37.25 	supervised after completion of the supervision requirements.
37.26 		Subd. 7.Attestation. The social worker and the social
37.27 	worker's supervisor must attest that the supervisee has met or
37.28 	has made progress on meeting the applicable supervision
37.29 	requirements in accordance with section 148D.125, subdivision 2.

37.30 	Sec. 22. [148D.105] LICENSED GRADUATE SOCIAL WORKERS;
37.31 	SUPERVISED PRACTICE.
37.32 		Subdivision 1.Supervision required after
37.33 	licensure. After receiving a license from the board as a
37.34 	licensed graduate social worker, a licensed graduate social
37.35 	worker must obtain at least 75 hours of supervision in
37.36 	accordance with the requirements of this section.
38.1 		Subd. 2.Practice requirements. The supervision required
38.2 	by subdivision 1 must be obtained during the first 4,000 hours
38.3 	of postgraduate social work practice authorized by law.  At
38.4 	least three hours of supervision must be obtained during every
38.5 	160 hours of practice.
38.6 		Subd. 3.Types of supervision. (a) Thirty-seven and
38.7 	one-half hours of the supervision required by subdivision 1 must
38.8 	consist of one-on-one in-person supervision.
38.9 	(b) Thirty-seven and one-half hours must consist of one or
38.10 	more of the following types of supervision, subject to the
38.11 	limitation in clause (3):
38.12 	(1) one-on-one in-person supervision;
38.13 	(2) in-person group supervision; or 
38.14 	(3) electronic supervision such as by telephone or video
38.15 	conferencing, provided that electronic supervision must not
38.16 	exceed 25 hours.
38.17 	(c) To qualify as in-person group supervision, the group
38.18 	must not exceed seven members including the supervisor.
38.19 		Subd. 4.Supervisor requirements. The supervision
38.20 	required by subdivision 1 must be provided by a supervisor who
38.21 	meets the requirements specified in section 148D.120.  The
38.22 	supervision must be provided:
38.23 	(1) if the supervisee is not engaged in clinical practice,
38.24 	by a (i) licensed independent social worker, (ii) licensed
38.25 	graduate social worker who has completed the supervised practice
38.26 	requirements, or (iii) licensed independent clinical social
38.27 	worker;
38.28 	(2) if the supervisee is engaged in clinical practice, by a
38.29 	licensed independent clinical social worker; or 
38.30 	(3) by a supervisor who meets the requirements specified in
38.31 	section 148D.120, subdivision 2.
38.32 		Subd. 5.Supervisee requirements. The supervisee must:
38.33 	(1) to the satisfaction of the supervisor, practice
38.34 	competently and ethically in accordance with professional social
38.35 	work knowledge, skills, and values;
38.36 	(2) receive supervision in the following content areas:
39.1 	(i) development of professional values and
39.2 	responsibilities;
39.3 	(ii) practice skills;
39.4 	(iii) authorized scope of practice;
39.5 	(iv) ensuring continuing competence; and 
39.6 	(v) ethical standards of practice;
39.7 	(3) submit a supervision plan in accordance with section
39.8 	148D.125, subdivision 1; and 
39.9 	(4) verify supervised practice in accordance with section
39.10 	148D.125, subdivision 3, if:
39.11 	(i) the board audits the supervisee's supervised practice;
39.12 	or 
39.13 	(ii) a licensed graduate social worker applies for a
39.14 	licensed independent social worker or licensed independent
39.15 	clinical social worker license.
39.16 		Subd. 6.Licensed graduate social workers who practice
39.17 	clinical social work. (a) A licensed graduate social worker
39.18 	must not engage in clinical social work practice except under
39.19 	supervision by a licensed independent clinical social worker or
39.20 	an alternate supervisor designated pursuant to section 148D.120,
39.21 	subdivision 2.
39.22 	(b) Except as provided in paragraph (c), a licensed
39.23 	graduate social worker must not engage in clinical social work
39.24 	practice under supervision for more than 8,000 hours.  In order
39.25 	to practice clinical social work for more than 8,000 hours, a
39.26 	licensed graduate social worker must obtain a licensed
39.27 	independent clinical social worker license.
39.28 	(c) Notwithstanding the requirements of paragraph (b), the
39.29 	board may grant a licensed graduate social worker permission to
39.30 	engage in clinical social work practice for more than 8,000
39.31 	hours if the licensed graduate social worker petitions the board
39.32 	and demonstrates to the board's satisfaction that for reasons of
39.33 	personal hardship the licensed graduate social worker should be
39.34 	granted an extension to continue practicing clinical social work
39.35 	under supervision for up to an additional 2,000 hours.
39.36 	(d) Upon completion of 4,000 hours of clinical social work
40.1 	practice and 75 hours of supervision in accordance with the
40.2 	requirements of this section, a licensed graduate social worker
40.3 	is eligible to apply for a licensed independent clinical social
40.4 	worker license pursuant to section 148D.115, subdivision 1.
40.5 		Subd. 7.Licensed graduate social workers who do not
40.6 	practice clinical social work. A licensed graduate social
40.7 	worker who fulfills the supervision requirements specified in
40.8 	subdivisions 1 to 5, and who does not practice clinical social
40.9 	work, is not required to be supervised after completion of the
40.10 	supervision requirements.
40.11 		Subd. 8.Attestation. A social worker and the social
40.12 	worker's supervisor must attest that the supervisee has met or
40.13 	has made progress on meeting the applicable supervision
40.14 	requirements in accordance with section 148D.125, subdivision 2.

40.15 	Sec. 23. [148D.110] LICENSED INDEPENDENT SOCIAL WORKERS;
40.16 	SUPERVISED PRACTICE.
40.17 		Subdivision 1.Supervision required before
40.18 	licensure. Before becoming licensed as a licensed independent
40.19 	social worker, a person must have obtained at least 75 hours of
40.20 	supervision during 4,000 hours of postgraduate social work
40.21 	practice authorized by law in accordance with the requirements
40.22 	of section 148D.105, subdivisions 3, 4, and 5.  At least three
40.23 	hours of supervision must be obtained during every 160 hours of
40.24 	practice.
40.25 		Subd. 2.Licensed independent social workers who practice
40.26 	clinical social work after licensure. (a) After licensure, a
40.27 	licensed independent social worker must not engage in clinical
40.28 	social work practice except under supervision by a licensed
40.29 	independent clinical social worker or an alternate supervisor
40.30 	designated pursuant to section 148D.120, subdivision 2.
40.31 	(b) Except as provided in paragraph (c), a licensed
40.32 	independent social worker must not engage in clinical social
40.33 	work practice under supervision for more than 8,000 hours.  In
40.34 	order to practice clinical social work for more than 8,000
40.35 	hours, a licensed independent social worker must obtain a
40.36 	licensed independent clinical social worker license.
41.1 	(c) Notwithstanding the requirements of paragraph (b), the
41.2 	board may grant a licensed independent social worker permission
41.3 	to engage in clinical social work practice for more than 8,000
41.4 	hours if the licensed independent social worker petitions the
41.5 	board and demonstrates to the board's satisfaction that for
41.6 	reasons of personal hardship the licensed independent social
41.7 	worker should be granted an extension to continue practicing
41.8 	clinical social work under supervision for up to an additional
41.9 	2,000 hours.
41.10 		Subd. 3.Licensed independent social workers who do not
41.11 	practice clinical social work after licensure. After licensure,
41.12 	a licensed independent social worker is not required to be
41.13 	supervised if the licensed independent social worker does not
41.14 	practice clinical social work.

41.15 	Sec. 24. [148D.115] LICENSED INDEPENDENT CLINICAL SOCIAL
41.16 	WORKERS; SUPERVISED PRACTICE.
41.17 		Subdivision 1.Supervision required before
41.18 	licensure. Before becoming licensed as a licensed independent
41.19 	clinical social worker, a person must have obtained at least 75
41.20 	hours of supervision during 4,000 hours of postgraduate clinical
41.21 	practice authorized by law in accordance with the requirements
41.22 	of section 148D.105, subdivisions 3, 4, and 5.  At least three
41.23 	hours of supervision must be obtained during every 160 hours of
41.24 	practice.
41.25 		Subd. 2.No supervision required after licensure. After
41.26 	licensure, a licensed independent clinical social worker is not
41.27 	required to be supervised.

41.28 	Sec. 25. [148D.120] REQUIREMENTS OF SUPERVISORS.
41.29 		Subdivision 1.Supervisors licensed as social workers.
 41.30 	(a) Except as provided in paragraph (b), to be eligible to
41.31 	provide supervision under this section, a social worker must
41.32 	attest, on a form provided by the board, that he or she has met
41.33 	the applicable licensure requirements specified in sections
41.34 	148D.100 to 148D.115.
41.35 	(b) If the board determines that supervision is not
41.36 	obtainable from an individual meeting the requirements specified
42.1 	in paragraph (a), the board may approve an alternate supervisor
42.2 	pursuant to subdivision 2.
42.3 		Subd. 2.Alternate supervisors. (a) The board may
42.4 	approve an alternate supervisor if:
42.5 	(1) the board determines that supervision is not obtainable
42.6 	pursuant to paragraph (b);
42.7 	(2) the licensee requests in the supervision plan submitted
42.8 	pursuant to section 148D.125, subdivision 1, that an alternate
42.9 	supervisor conduct the supervision;
42.10 	(3) the licensee describes the proposed supervision and the
42.11 	name and qualifications of the proposed alternate supervisor;
42.12 	and 
42.13 	(4) the requirements of paragraph (d) are met.
42.14 	(b) The board may determine that supervision is not
42.15 	obtainable if:
42.16 	(1) the licensee provides documentation as an attachment to
42.17 	the supervision plan submitted pursuant to section 148D.125,
42.18 	subdivision 1, that the licensee has conducted a thorough search
42.19 	for a supervisor meeting the applicable licensure requirements
42.20 	specified in sections 148D.100 to 148D.115;
42.21 	(2) the licensee demonstrates to the board's satisfaction
42.22 	that the search was unsuccessful; and 
42.23 	(3) the licensee describes the extent of the search and the
42.24 	names and locations of the persons and organizations contacted.
42.25 	(c) The following are not grounds for a determination that
42.26 	supervision is unobtainable:
42.27 	(1) obtaining a supervisor who meets the requirements of
42.28 	subdivision 1 would present the licensee with a financial
42.29 	hardship;
42.30 	(2) the licensee is unable to obtain a supervisor who meets
42.31 	the requirements of subdivision 1 within the licensee's agency
42.32 	or organization and the agency or organization will not allow
42.33 	outside supervision; or 
42.34 	(3) the specialized nature of the licensee's practice
42.35 	requires supervision from a practitioner other than an
42.36 	individual licensed as a social worker.
43.1 	(d) An alternate supervisor must:
43.2 	(1) be an unlicensed social worker who is employed in, and
43.3 	provides the supervision in, a setting exempt from licensure by
43.4 	section 148D.065, and who has qualifications equivalent to the
43.5 	applicable requirements specified in sections 148D.100 to
43.6 	148D.115; or 
43.7 	(2) be a licensed marriage and family therapist or a mental
43.8 	health professional as established by section 245.462,
43.9 	subdivision 18, or 245.4871, subdivision 27, or an equivalent
43.10 	mental health professional, as determined by the board, who is
43.11 	licensed or credentialed by a state, territorial, provincial, or
43.12 	foreign licensing agency.
43.13 	In order to qualify to provide clinical supervision of a
43.14 	licensed graduate social worker or licensed independent social
43.15 	worker engaged in clinical practice, the alternate supervisor
43.16 	must be a mental health professional as established by section
43.17 	245.462, subdivision 18, or 245.4871, subdivision 27, or an
43.18 	equivalent mental health professional, as determined by the
43.19 	board, who is licensed or credentialed by a state, territorial,
43.20 	provincial, or foreign licensing agency.

43.21 	Sec. 26. [148D.125] DOCUMENTATION OF SUPERVISION.
43.22 		Subdivision 1.Supervision plan. (a) A social worker
43.23 	must submit, on a form provided by the board, a supervision plan
43.24 	for meeting the supervision requirements specified in sections
43.25 	148D.100 to 148D.120.
43.26 	(b) The supervision plan must be submitted no later than 90
43.27 	days after the licensee begins a social work practice position
43.28 	after becoming licensed.
43.29 	(c) For failure to submit the supervision plan within 90
43.30 	days after beginning a social work practice position, a licensee
43.31 	must pay the supervision plan late fee specified in section
43.32 	148D.180 when the licensee applies for license renewal.
43.33 	(d) A license renewal application submitted pursuant to
43.34 	paragraph (a) must not be approved unless the board has received
43.35 	a supervision plan.
43.36 	(e) The supervision plan must include the following:
44.1 	(1) the name of the supervisee, the name of the agency in
44.2 	which the supervisee is being supervised, and the supervisee's
44.3 	position title;
44.4 	(2) the name and qualifications of the person providing the
44.5 	supervision;
44.6 	(3) the number of hours of one-on-one in-person supervision
44.7 	and the number and type of additional hours of supervision to be
44.8 	completed by the supervisee;
44.9 	(4) the supervisee's position description;
44.10 	(5) a brief description of the supervision the supervisee
44.11 	will receive in the following content areas:
44.12 	(i) clinical practice, if applicable;
44.13 	(ii) development of professional social work knowledge,
44.14 	skills, and values;
44.15 	(iii) practice methods;
44.16 	(iv) authorized scope of practice;
44.17 	(v) ensuring continuing competence; and 
44.18 	(vi) ethical standards of practice; and 
44.19 	(6) if applicable, a detailed description of the
44.20 	supervisee's clinical social work practice, addressing:
44.21 	(i) the client population, the range of presenting issues,
44.22 	and the diagnoses;
44.23 	(ii) the clinical modalities that were utilized; and 
44.24 	(iii) the process utilized for determining clinical
44.25 	diagnoses, including the diagnostic instruments used and the
44.26 	role of the supervisee in the diagnostic process.
44.27 	(f) The board must receive a revised supervision plan
44.28 	within 90 days of any of the following changes:
44.29 	(1) the supervisee has a new supervisor;
44.30 	(2) the supervisee begins a new social work position;
44.31 	(3) the scope or content of the supervisee's social work
44.32 	practice changes substantially;
44.33 	(4) the number of practice or supervision hours changes
44.34 	substantially; or 
44.35 	(5) the type of supervision changes as supervision is
44.36 	described in section 148D.100, subdivision 3, or 148D.105,
45.1 	subdivision 3, or as required in section 148D.115, subdivision 4.
45.2 	(g) For failure to submit a revised supervised plan as
45.3 	required in paragraph (f), a supervisee must pay the supervision
45.4 	plan late fee specified in section 148D.180, when the supervisee
45.5 	applies for license renewal.
45.6 	(h) The board must approve the supervisor and the
45.7 	supervision plan.
45.8 		Subd. 2.Attestation. (a) When a supervisee submits
45.9 	renewal application materials to the board, the supervisee and
45.10 	supervisor must submit an attestation providing the following
45.11 	information on a form provided by the board:
45.12 	(1) the name of the supervisee, the name of the agency in
45.13 	which the supervisee is being supervised, and the supervisee's
45.14 	position title;
45.15 	(2) the name and qualifications of the supervisor;
45.16 	(3) the number of hours and dates of each type of
45.17 	supervision completed;
45.18 	(4) the supervisee's position description;
45.19 	(5) a declaration that the supervisee has not engaged in
45.20 	conduct in violation of the standards of practice specified in
45.21 	sections 148D.195 to 148D.240;
45.22 	(6) a declaration that the supervisee has practiced
45.23 	competently and ethically in accordance with professional social
45.24 	work knowledge, skills, and values; and 
45.25 	(7) a list of the content areas in which the supervisee has
45.26 	received supervision, including the following:
45.27 	(i) clinical practice, if applicable;
45.28 	(ii) development of professional social work knowledge,
45.29 	skills, and values;
45.30 	(iii) practice methods;
45.31 	(iv) authorized scope of practice;
45.32 	(v) ensuring continuing competence; and 
45.33 	(vi) ethical standards of practice.
45.34 	(b) The information provided on the attestation form must
45.35 	demonstrate to the board's satisfaction that the supervisee has
45.36 	met or has made progress on meeting the applicable supervised
46.1 	practice requirements.
46.2 		Subd. 3.Verification of supervised practice. (a) In
46.3 	addition to receiving the attestation required pursuant to
46.4 	subdivision 2, the board must receive verification of supervised
46.5 	practice if:
46.6 	(1) the board audits the supervision of a supervisee
46.7 	pursuant to section 148D.070, subdivision 3; or 
46.8 	(2) an applicant applies for a license as a licensed
46.9 	independent social worker or as a licensed independent clinical
46.10 	social worker.
46.11 	(b) When verification of supervised practice is required
46.12 	pursuant to paragraph (a), the board must receive from the
46.13 	supervisor the following information on a form provided by the
46.14 	board:
46.15 	(1) the name of the supervisee, the name of the agency in
46.16 	which the supervisee is being supervised, and the supervisee's
46.17 	position title;
46.18 	(2) the name and qualifications of the supervisor;
46.19 	(3) the number of hours and dates of each type of
46.20 	supervision completed;
46.21 	(4) the supervisee's position description;
46.22 	(5) a declaration that the supervisee has not engaged in
46.23 	conduct in violation of the standards of practice specified in
46.24 	sections 148D.195 to 148D.240;
46.25 	(6) a declaration that the supervisee has practiced
46.26 	ethically and competently in accordance with professional social
46.27 	work knowledge, skills, and values;
46.28 	(7) a list of the content areas in which the supervisee has
46.29 	received supervision, including the following:
46.30 	(i) clinical practice, if applicable;
46.31 	(ii) development of professional social work knowledge,
46.32 	skills, and values;
46.33 	(iii) practice methods;
46.34 	(iv) authorized scope of practice;
46.35 	(v) ensuring continuing competence; and 
46.36 	(vi) ethical standards of practice; and 
47.1 	(8) if applicable, a detailed description of the
47.2 	supervisee's clinical social work practice, addressing:
47.3 	(i) the client population, the range of presenting issues,
47.4 	and the diagnoses;
47.5 	(ii) the clinical modalities that were utilized; and 
47.6 	(iii) the process utilized for determining clinical
47.7 	diagnoses, including the diagnostic instruments used and the
47.8 	role of the supervisee in the diagnostic process.
47.9 	(c) The information provided on the verification form must
47.10 	demonstrate to the board's satisfaction that the supervisee has
47.11 	met the applicable supervised practice requirements.
47.12 		Subd. 4.Alternative verification of supervised
47.13 	practice. Notwithstanding the requirements of subdivision 3,
47.14 	the board may accept alternative verification of supervised
47.15 	practice if a supervisee demonstrates to the satisfaction of the
47.16 	board that the supervisee is unable to locate a former
47.17 	supervisor to provide the required information.
47.18 	CONTINUING EDUCATION

47.19 	Sec. 27. [148D.130] CLOCK HOURS REQUIRED.
47.20 		Subdivision 1.Total clock hours required. At the time
47.21 	of license renewal, a licensee must provide evidence
47.22 	satisfactory to the board that the licensee has, during the
47.23 	renewal term, completed at least 30 clock hours of continuing
47.24 	education.
47.25 		Subd. 2.Ethics requirement. At least two of the clock
47.26 	hours required under subdivision 1 must be in social work ethics.
47.27 		Subd. 3.Independent study. Independent study must not
47.28 	consist of more than ten clock hours of continuing education per
47.29 	renewal term.  Independent study must be for publication, public
47.30 	presentation, or professional development.  Independent study
47.31 	includes, but is not limited to, electronic study.
47.32 		Subd. 4.Coursework. One credit of coursework in a
47.33 	semester-based academic institution is the equivalent of 15
47.34 	clock hours.
47.35 		Subd. 5.Prorated renewal term. If the licensee's
47.36 	renewal term is prorated to be less or more than 24 months, the
48.1 	required number of continuing education clock hours is prorated
48.2 	proportionately.

48.3 	Sec. 28. [148D.135] APPROVAL OF CLOCK HOURS.
48.4 		Subdivision 1.Ways of approving clock hours. The clock
48.5 	hours required under section 148D.130 must be approved in one or
48.6 	more of the following ways:
48.7 	(1) the hours must be offered by a continuing education
48.8 	provider approved by the board;
48.9 	(2) the hours must be offered by a continuing education
48.10 	provider approved by the Association of Social Work Boards or a
48.11 	similar examination body designated by the board;
48.12 	(3) the hours must be earned through a continuing education
48.13 	program approved by the National Association of Social Workers;
48.14 	or 
48.15 	(4) the hours must be earned through a continuing education
48.16 	program approved by the board.
48.17 		Subd. 2.Preapproval not required. Providers and
48.18 	programs are not required to be preapproved but must meet the
48.19 	requirements specified in this section.

48.20 	Sec. 29. [148D.140] VARIANCES.
48.21 	The board may grant a variance to the continuing education
48.22 	requirements specified in section 148D.130, when a licensee
48.23 	demonstrates to the satisfaction of the board that the licensee
48.24 	is unable to complete the required number of clock hours during
48.25 	the renewal term.  The board may allow a licensee to complete
48.26 	the required number of clock hours within a time frame specified
48.27 	by the board.  The board must not allow a licensee to complete
48.28 	less than the required number of clock hours.

48.29 	Sec. 30. [148D.145] CONTINUING EDUCATION PROVIDERS
48.30 	APPROVED BY THE BOARD.
48.31 		Subdivision 1.Board approval. (a) The board must
48.32 	approve a continuing education provider who:
48.33 	(1) submits a completed application to the board which
48.34 	provides the information required by subdivision 2 and which
48.35 	meets the criteria specified in subdivision 3; and 
48.36 	(2) pays the provider fee specified in section 148D.180.
49.1 	(b) An approval is valid for programs offered no later than
49.2 	one year from the date the application is approved by the board.
49.3 		Subd. 2.Information required. The information that must
49.4 	be provided to the board includes, but is not limited to, the
49.5 	following:
49.6 	(1) the name of the continuing education provider;
49.7 	(2) the address, telephone number, and e-mail address of a
49.8 	contact person for the provider;
49.9 	(3) a signed statement that indicates the provider
49.10 	understands and agrees to abide by the criteria specified in
49.11 	subdivision 3; and 
49.12 	(4) a signed statement that indicates the provider agrees
49.13 	to furnish a certificate of attendance to each participant in a
49.14 	program offered by the provider.
49.15 		Subd. 3.Criteria for programs offered by continuing
49.16 	education providers. (a) A continuing education provider must
49.17 	employ the following criteria in determining whether to offer a
49.18 	continuing education program:
49.19 	(1) whether the material to be presented will promote the
49.20 	standards of practice described in sections 148D.195 to
49.21 	148D.240;
49.22 	(2) whether the material to be presented will contribute to
49.23 	the practice of social work as defined in section 148D.010;
49.24 	(3) whether the material to be presented is intended for
49.25 	the benefit of practicing social workers; and 
49.26 	(4) whether the persons presenting the program are
49.27 	qualified in the subject matter being presented.
49.28 	(b) The material presented must not be primarily procedural
49.29 	or primarily oriented towards business practices or
49.30 	self-development.
49.31 		Subd. 4.Audits. (a) The board may audit programs
49.32 	offered by a continuing education provider approved by the board
49.33 	to determine compliance with the requirements of this section.
49.34 	(b) A continuing education provider audited by the board
49.35 	must provide the documentation specified in subdivision 5.
49.36 		Subd. 5.Information required to be maintained by
50.1 	continuing education providers. For three years following the
50.2 	end of each program offered by a continuing education provider,
50.3 	the provider must maintain the following information:
50.4 	(1) the title of the program;
50.5 	(2) a description of the content and objectives of the
50.6 	program;
50.7 	(3) the date of the program;
50.8 	(4) the number of clock hours credited for participation in
50.9 	the program;
50.10 	(5) the program location;
50.11 	(6) the names and qualifications of the primary presenters;
50.12 	(7) a description of the primary audience the program was
50.13 	designed for; and 
50.14 	(8) a list of the participants in the program.

50.15 	Sec. 31. [148D.150] CONTINUING EDUCATION PROVIDERS
50.16 	APPROVED BY THE ASSOCIATION OF SOCIAL WORK BOARDS.
50.17 	In order to receive credit for a program offered by a
50.18 	continuing education provider approved by the Association of
50.19 	Social Work Boards or a similar examination body designated by
50.20 	the board, the provider must be listed on the Association of
50.21 	Social Work Boards Web site as a provider currently approved by
50.22 	the Association of Social Work Boards or a similar examination
50.23 	body designated by the board.

50.24 	Sec. 32. [148D.155] CONTINUING EDUCATION PROGRAMS
50.25 	APPROVED BY THE NATIONAL ASSOCIATION OF SOCIAL WORKERS.
50.26 	In order to receive credit for a program approved by the
50.27 	National Association of Social Workers, the program must be
50.28 	listed on the National Association of Social Workers Web site as
50.29 	a program currently approved by the National Association of
50.30 	Social Workers.

50.31 	Sec. 33. [148D.160] CONTINUING EDUCATION PROGRAMS
50.32 	APPROVED BY THE BOARD.
50.33 		Subdivision 1.Required program content. In order to be
50.34 	approved by the board, a continuing education program must:
50.35 	(1) promote the standards of practice described in sections
50.36 	148D.195 to 148D.240;
51.1 	(2) contribute to the practice of social work as defined in
51.2 	section 148D.010; and 
51.3 	(3) not be primarily procedural or be primarily oriented
51.4 	towards business practices or self-development.
51.5 		Subd. 2.Types of continuing education programs. In
51.6 	order to be approved by the board, a continuing education
51.7 	program must be one of the following:  academic coursework
51.8 	offered by an institution of higher learning; educational
51.9 	workshops, seminars, or conferences offered by an organization
51.10 	or individual; staff training offered by a public or private
51.11 	employer; or independent study.

51.12 	Sec. 34. [148D.165] CONTINUING EDUCATION REQUIREMENTS OF
51.13 	LICENSEES.
51.14 		Subdivision 1.Information required to be maintained by
51.15 	licensees. For one year following the expiration date of a
51.16 	license, the licensee must maintain documentation of clock hours
51.17 	earned during the previous renewal term.  The documentation must
51.18 	include the following:
51.19 	(1) for educational workshops or seminars offered by an
51.20 	organization or at a conference, a copy of the certificate of
51.21 	attendance issued by the presenter or sponsor giving the
51.22 	following information:
51.23 	(i) the name of the sponsor or presenter of the program;
51.24 	(ii) the title of the workshop or seminar;
51.25 	(iii) the dates the licensee participated in the program;
51.26 	and 
51.27 	(iv) the number of clock hours completed;
51.28 	(2) for academic coursework offered by an institution of
51.29 	higher learning, a copy of a transcript giving the following
51.30 	information:
51.31 	(i) the name of the institution offering the course;
51.32 	(ii) the title of the course;
51.33 	(iii) the dates the licensee participated in the course;
51.34 	and 
51.35 	(iv) the number of credits completed;
51.36 	(3) for staff training offered by public or private
52.1 	employers, a copy of the certificate of attendance issued by the
52.2 	employer giving the following information:
52.3 	(i) the name of the employer;
52.4 	(ii) the title of the staff training;
52.5 	(iii) the dates the licensee participated in the program;
52.6 	and 
52.7 	(iv) the number of clock hours completed; and 
52.8 	(4) for independent study, including electronic study, a
52.9 	written summary of the study conducted, including the following
52.10 	information:
52.11 	(i) the topics studied;
52.12 	(ii) a description of the applicability of the study to the
52.13 	licensee's authorized scope of practice;
52.14 	(iii) the titles and authors of books and articles
52.15 	consulted or the name of the organization offering the study;
52.16 	(iv) the dates the licensee conducted the study; and 
52.17 	(v) the number of clock hours the licensee conducted the
52.18 	study.
52.19 		Subd. 2.Audits. The board may audit license renewal and
52.20 	reactivation applications to determine compliance with the
52.21 	requirements of sections 148D.130 to 148D.170.  A licensee
52.22 	audited by the board must provide the documentation specified in
52.23 	subdivision 1 regardless of whether the provider or program has
52.24 	been approved by the board, the Association of Social Work
52.25 	Boards, or a similar examination body designated by the board,
52.26 	or the National Association of Social Workers.

52.27 	Sec. 35. [148D.170] REVOCATION OF CONTINUING EDUCATION
52.28 	APPROVALS.
52.29 	The board may revoke approval of a provider or of a program
52.30 	offered by a provider, or of an individual program approved by
52.31 	the board, if the board determines subsequent to the approval
52.32 	that the provider or program failed to meet the requirements of
52.33 	sections 148D.130 to 148D.170.
52.34 	FEES

52.35 	Sec. 36. [148D.175] FEES.
52.36 	The fees specified in section 148D.180 are nonrefundable
53.1 	and must be deposited in the state government special revenue
53.2 	fund.

53.3 	Sec. 37. [148D.180] FEE AMOUNTS.
53.4 		Subdivision 1.Application fees. Application fees for
53.5 	licensure are as follows:
53.6 	(1) for a licensed social worker, $45;
53.7 	(2) for a licensed graduate social worker, $45;
53.8 	(3) for a licensed independent social worker, $90;
53.9 	(4) for a licensed independent clinical social worker, $90;
53.10 	(5) for a temporary license, $50; and 
53.11 	(6) for a licensure by endorsement, $150.
53.12 	The fee for criminal background checks is the fee charged
53.13 	by the Bureau of Criminal Apprehension.  The criminal background
53.14 	check fee must be included with the application fee as required
53.15 	pursuant to section 148D.055.
53.16 		Subd. 2.License fees. License fees are as follows:
53.17 	(1) for a licensed social worker, $115.20;
53.18 	(2) for a licensed graduate social worker, $201.60;
53.19 	(3) for a licensed independent social worker, $302.40;
53.20 	(4) for a licensed independent clinical social worker,
53.21 	$331.20;
53.22 	(5) for an emeritus license, $50; and 
53.23 	(6) for a temporary leave fee, the same as the renewal fee
53.24 	specified in subdivision 3.
53.25 	If the licensee's initial license term is less or more than
53.26 	24 months, the required license fees must be prorated
53.27 	proportionately.
53.28 		Subd. 3.Renewal fees. Renewal fees for licensure are as
53.29 	follows:
53.30 	(1) for a licensed social worker, $115.20;
53.31 	(2) for a licensed graduate social worker, $201.60;
53.32 	(3) for a licensed independent social worker, $302.40; and 
53.33 	(4) for a licensed independent clinical social worker,
53.34 	$331.20.
53.35 		Subd. 4.Continuing education provider fees. Continuing
53.36 	education provider fees are as follows:
54.1 	(1) for a provider who offers programs totaling one to
54.2 	eight clock hours in a one-year period pursuant to section
54.3 	148D.145, $50;
54.4 	(2) for a provider who offers programs totaling nine to 16
54.5 	clock hours in a one-year period pursuant to section 148D.145,
54.6 	$100;
54.7 	(3) for a provider who offers programs totaling 17 to 32
54.8 	clock hours in a one-year period pursuant to section 148D.145,
54.9 	$200;
54.10 	(4) for a provider who offers programs totaling 33 to 48
54.11 	clock hours in a one-year period pursuant to section 148D.145,
54.12 	$400; and 
54.13 	(5) for a provider who offers programs totaling 49 or more
54.14 	clock hours in a one-year period pursuant to section 148D.145,
54.15 	$600.
54.16 		Subd. 5.Late fees. Late fees are as follows:
54.17 	(1) renewal late fee, one-half of the renewal fee specified
54.18 	in subdivision 3; and 
54.19 	(2) supervision plan late fee, $40.
54.20 		Subd. 6.License cards and wall certificates. (a) The
54.21 	fee for a license card as specified in section 148D.095 is $10.
54.22 	(b) The fee for a license wall certificate as specified in
54.23 	section 148D.095 is $30.
54.24 		Subd. 7.Reactivation fees. Reactivation fees are as
54.25 	follows:
54.26 	(1) reactivation from a temporary leave or emeritus status,
54.27 	the prorated share of the renewal fee specified in subdivision
54.28 	3; and 
54.29 	(2) reactivation of an expired license, 1-1/2 times the
54.30 	renewal fees specified in subdivision 3.
54.31 	COMPLIANCE

54.32 	Sec. 38. [148D.185] PURPOSE OF COMPLIANCE LAWS.
54.33 	The purpose of sections 148D.185 to 148D.290 is to protect
54.34 	the public by ensuring that all persons licensed as social
54.35 	workers meet minimum standards of practice.  The board shall
54.36 	promptly and fairly investigate and resolve all complaints
55.1 	alleging violations of statutes and rules that the board is
55.2 	empowered to enforce and (1) take appropriate disciplinary
55.3 	action, adversarial action, or other action justified by the
55.4 	facts, or (2) enter into corrective action agreements or
55.5 	stipulations to cease practice, when doing so is consistent with
55.6 	the board's obligation to protect the public.

55.7 	Sec. 39. [148D.190] GROUNDS FOR ACTION.
55.8 		Subdivision 1.Scope. The grounds for action in
55.9 	subdivisions 2 to 4 and the standards of practice requirements
55.10 	in sections 148D.195 to 148D.240 apply to all licensees and
55.11 	applicants.
55.12 		Subd. 2.Violations. The board has grounds to take
55.13 	action pursuant to sections 148D.255 to 148D.270 when a social
55.14 	worker violates:
55.15 	(1) a statute or rule enforced by the board, including this
55.16 	section and sections 148D.195 to 148D.240;
55.17 	(2) a federal or state law or rule related to the practice
55.18 	of social work; or 
55.19 	(3) an order, stipulation, or agreement agreed to or issued
55.20 	by the board.
55.21 		Subd. 3.Conduct before licensure. A violation of the
55.22 	requirements specified in this section and sections 148D.195 to
55.23 	148D.240 is grounds for the board to take action under sections
55.24 	148D.255 to 148D.270.  The board's jurisdiction to exercise the
55.25 	powers provided in this section extends to an applicant or
55.26 	licensee's conduct that occurred before licensure if:
55.27 	(1) the conduct did not meet the minimum accepted and
55.28 	prevailing standards of professional social work practice at the
55.29 	time the conduct occurred; or 
55.30 	(2) the conduct adversely affects the applicant or
55.31 	licensee's present ability to practice social work in conformity
55.32 	with the requirements of sections 148D.195 to 148D.240.
55.33 		Subd. 4.Unauthorized practice. The board has grounds to
55.34 	take action pursuant to sections 148D.255 to 148D.270 when a
55.35 	social worker:
55.36 	(1) practices outside the scope of practice authorized by
56.1 	section 148D.050;
56.2 	(2) engages in the practice of social work without a social
56.3 	work license under section 148D.055 or 148D.060, except when the
56.4 	social worker is exempt from licensure pursuant to section
56.5 	148D.065;
56.6 	(3) provides social work services to a client who receives
56.7 	social work services in this state, and is not licensed pursuant
56.8 	to section 148D.055 or 148D.060, except when the social worker
56.9 	is exempt from licensure pursuant to section 148D.065.
56.10 	STANDARDS OF PRACTICE

56.11 	Sec. 40. [148D.195] REPRESENTATIONS TO CLIENTS AND
56.12 	PUBLIC.
56.13 		Subdivision 1.Required displays and information for
56.14 	clients. (a) A social worker must conspicuously display at the
56.15 	social worker's places of practice, or make available as a
56.16 	handout for all clients, information that the client has the
56.17 	right to the following:
56.18 	(1) to be informed of the social worker's license status,
56.19 	education, training, and experience;
56.20 	(2) to examine public data on the social worker maintained
56.21 	by the board;
56.22 	(3) to report a complaint about the social worker's
56.23 	practice to the board; and 
56.24 	(4) to be informed of the board's mailing address, e-mail
56.25 	address, Web site address, and telephone number.
56.26 	(b) A social worker must conspicuously display the social
56.27 	worker's wall certificate at the social worker's places of
56.28 	practice and office locations.  Additional wall certificates may
56.29 	be requested pursuant to section 148D.095.
56.30 		Subd. 2.Representations. (a) No applicant or other
56.31 	individual may be represented to the public by any title
56.32 	incorporating the words "social work" or "social worker" unless
56.33 	the individual holds a license pursuant to sections 148D.055 and
56.34 	148D.060 or practices in a setting exempt from licensure
56.35 	pursuant to section 148D.065.
56.36 	(b) In all professional use of a social worker's name, the
57.1 	social worker must use the license designation "LSW" or
57.2 	"licensed social worker" for a licensed social worker, "LGSW" or
57.3 	"licensed graduate social worker" for a licensed graduate social
57.4 	worker, "LISW" or "licensed independent social worker" for a
57.5 	licensed independent social worker, or "LICSW" or "licensed
57.6 	independent clinical social worker" for a licensed independent
57.7 	clinical social worker.
57.8 	(c) Public statements or advertisements must not be
57.9 	untruthful, misleading, false, fraudulent, deceptive, or
57.10 	potentially exploitative of clients, former clients, interns,
57.11 	students, supervisees, or the public.
57.12 	(d) A social worker must not:
57.13 	(1) use licensure status as a claim, promise, or guarantee
57.14 	of successful service;
57.15 	(2) obtain a license by cheating or employing fraud or
57.16 	deception;
57.17 	(3) make false statements or misrepresentations to the
57.18 	board or in materials submitted to the board; or 
57.19 	(4) engage in conduct that has the potential to deceive or
57.20 	defraud a social work client, intern, student, supervisee, or
57.21 	the public.
57.22 		Subd. 3.Information on credentials. (a) A social worker
57.23 	must provide accurate and factual information concerning the
57.24 	social worker's credentials, education, training, and experience
57.25 	when the information is requested by clients, potential clients,
57.26 	or other persons or organizations.
57.27 	(b) A social worker must not misrepresent directly or by
57.28 	implication the social worker's license, degree, professional
57.29 	certifications, affiliations, or other professional
57.30 	qualifications in any oral or written communications to clients,
57.31 	potential clients, or other persons or organizations.  A social
57.32 	worker must take reasonable steps to prevent such
57.33 	misrepresentations by other social workers.
57.34 	(c) A social worker must not hold out as a person licensed
57.35 	as a social worker without having a social work license pursuant
57.36 	to sections 148D.055 and 148D.060.
58.1 	(d) A social worker must not misrepresent directly or by
58.2 	implication (1) affiliations with institutions or organizations,
58.3 	or (2) purposes or characteristics of institutions or
58.4 	organizations with which the social worker is or has been
58.5 	affiliated.

58.6 	Sec. 41. [148D.200] COMPETENCE.
58.7 		Subdivision 1.Competence. (a) A social worker must
58.8 	provide services and hold out as competent only to the extent
58.9 	the social worker's education, training, license, consultation
58.10 	received, supervision experience, or other relevant professional
58.11 	experience demonstrate competence in the services provided.  A
58.12 	social worker must make a referral to a competent professional
58.13 	when the services required are beyond the social worker's
58.14 	competence or authorized scope of practice.
58.15 	(b) When generally recognized standards do not exist with
58.16 	respect to an emerging area of practice, including but not
58.17 	limited to providing social work services through electronic
58.18 	means, a social worker must take the steps necessary, such as
58.19 	consultation or supervision, to ensure the competence of the
58.20 	social worker's work and to protect clients from harm.
58.21 		Subd. 2.Supervision or consultation. Notwithstanding
58.22 	the completion of supervision requirements as specified in
58.23 	sections 148D.100 to 148D.125, a social worker must obtain
58.24 	supervision or engage in consultation when appropriate or
58.25 	necessary for competent and ethical practice.
58.26 		Subd. 3.Delegation of social work responsibilities. (a)
58.27 	A social worker must not delegate a social work responsibility
58.28 	to another individual when the social worker knows or reasonably
58.29 	should know that the individual is not licensed when required to
58.30 	be licensed pursuant to sections 148D.055 and 148D.060.
58.31 	(b) A social worker must not delegate a social work
58.32 	responsibility to another individual when the social worker
58.33 	knows or reasonably should know that the individual is not
58.34 	competent to assume the responsibility or perform the task.

58.35 	Sec. 42. [148D.205] IMPAIRMENT.
58.36 		Subdivision 1.Grounds for action. The board has grounds
59.1 	to take action under sections 148D.255 to 148D.270 when a social
59.2 	worker is unable to practice with reasonable skill and safety by
59.3 	reason of illness, use of alcohol, drugs, chemicals, or any
59.4 	other materials, or as a result of any mental, physical, or
59.5 	psychological condition.
59.6 		Subd. 2.Self-reporting. A social worker regulated by
59.7 	the board who is unable to practice with reasonable skill and
59.8 	safety by reason of illness, use of alcohol, drugs, chemicals,
59.9 	or any other materials, or as a result of any mental, physical,
59.10 	or psychological condition, must report to the board or the
59.11 	health professionals services program.

59.12 	Sec. 43. [148D.210] PROFESSIONAL AND ETHICAL CONDUCT.
59.13 	The board has grounds to take action under sections
59.14 	148D.255 to 148D.270 when a social worker:
59.15 	(1) engages in unprofessional or unethical conduct,
59.16 	including any departure from or failure to conform to the
59.17 	minimum accepted ethical and other prevailing standards of
59.18 	professional social work practice, without actual injury to a
59.19 	social work client, intern, student, supervisee or the public
59.20 	needing to be established;
59.21 	(2) engages in conduct that has the potential to cause harm
59.22 	to a client, intern, student, supervisee, or the public;
59.23 	(3) demonstrates a willful or careless disregard for the
59.24 	health, welfare, or safety of a client, intern, student, or
59.25 	supervisee; or 
59.26 	(4) engages in acts or conduct adversely affecting the
59.27 	applicant or licensee's current ability or fitness to engage in
59.28 	social work practice, whether or not the acts or conduct
59.29 	occurred while engaged in the practice of social work.

59.30 	Sec. 44. [148D.215] RESPONSIBILITIES TO CLIENTS.
59.31 		Subdivision 1.Responsibility to clients. A social
59.32 	worker's primary professional responsibility is to the client.
59.33 	A social worker must respect the client's interests, including
59.34 	the interest in self-determination, except when required to do
59.35 	otherwise by law.
59.36 		Subd. 2.Nondiscrimination. A social worker must not
60.1 	discriminate against a client, intern, student, or supervisee or
60.2 	in providing services to a client, intern, or supervisee on the
60.3 	basis of age, gender, sexual orientation, race, color, national
60.4 	origin, religion, illness, disability, political affiliation, or
60.5 	social or economic status.
60.6 		Subd. 3.Research. When undertaking research activities,
60.7 	a social worker must use accepted protocols for the protection
60.8 	of human subjects, including (1) establishing appropriate
60.9 	safeguards to protect the subject's vulnerability, and (2)
60.10 	obtaining the subjects' informed consent.

60.11 	Sec. 45. [148D.220] RELATIONSHIPS WITH CLIENTS, FORMER
60.12 	CLIENTS, AND OTHER INDIVIDUALS.
60.13 		Subdivision 1.Social worker responsibility. (a) A
60.14 	social worker is responsible for acting professionally in
60.15 	relationships with clients or former clients.  A client or a
60.16 	former client's initiation of, or attempt to engage in, or
60.17 	request to engage in, a personal, sexual, or business
60.18 	relationship is not a defense to a violation of this section.
60.19 	(b) When a relationship is permitted by this section,
60.20 	social workers who engage in such a relationship assume the full
60.21 	burden of demonstrating that the relationship will not be
60.22 	detrimental to the client or the professional relationship.
60.23 		Subd. 2.Professional boundaries. A social worker must
60.24 	maintain appropriate professional boundaries with a client.  A
60.25 	social worker must not engage in practices with clients that
60.26 	create an unacceptable risk of client harm or of impairing a
60.27 	social worker's objectivity or professional judgment.  A social
60.28 	worker must not act or fail to act in a way that, as judged by a
60.29 	reasonable and prudent social worker, inappropriately encourages
60.30 	the client to relate to the social worker outside of the
60.31 	boundaries of the professional relationship, or in a way that
60.32 	interferes with the client's ability to benefit from social work
60.33 	services from the social worker.
60.34 		Subd. 3.Misuse of professional relationship. A social
60.35 	worker must not use the professional relationship with a client,
60.36 	student, supervisee, or intern to further the social worker's
61.1 	personal, emotional, financial, sexual, religious, political, or
61.2 	business benefit or interests.
61.3 		Subd. 4.Improper termination. A social worker must not
61.4 	terminate a professional relationship for the purpose of
61.5 	beginning a personal, sexual, or business relationship with a
61.6 	client.
61.7 		Subd. 5.Personal relationship with a client. (a) Except
61.8 	as provided in paragraph (b), a social worker must not engage in
61.9 	a personal relationship with a client that creates a risk of
61.10 	client harm or of impairing a social worker's objectivity or
61.11 	professional judgment.
61.12 	(b) Notwithstanding paragraph (a), if a social worker is
61.13 	unable to avoid a personal relationship with a client, the
61.14 	social worker must take appropriate precautions, such as
61.15 	consultation or supervision, to address the potential for risk
61.16 	of client harm or of impairing a social worker's objectivity or
61.17 	professional judgment.
61.18 		Subd. 6.Personal relationship with a former client. A
61.19 	social worker may engage in a personal relationship with a
61.20 	former client after appropriate termination of the professional
61.21 	relationship, except:
61.22 	(1) as prohibited by subdivision 8; or 
61.23 	(2) if a reasonable and prudent social worker would
61.24 	conclude after appropriate assessment that (i) the former client
61.25 	is emotionally dependent on the social worker or continues to
61.26 	relate to the social worker as a client, or (ii) the social
61.27 	worker is emotionally dependent on the client or continues to
61.28 	relate to the former client as a social worker.
61.29 		Subd. 7.Sexual conduct with a client. A social worker
61.30 	must not engage in or suggest sexual conduct with a client.
61.31 		Subd. 8.Sexual conduct with a former client. (a) A
61.32 	social worker who has engaged in diagnosing, counseling, or
61.33 	treating a client with mental, emotional, or behavioral
61.34 	disorders must not engage in or suggest sexual conduct with the
61.35 	former client under any circumstances unless:
61.36 	(1) the social worker did not intentionally or
62.1 	unintentionally coerce, exploit, deceive, or manipulate the
62.2 	former client at any time;
62.3 	(2) the social worker did not represent to the former
62.4 	client that sexual conduct with the social worker is consistent
62.5 	with or part of the client's treatment;
62.6 	(3) the social worker's sexual conduct was not detrimental
62.7 	to the former client at any time;
62.8 	(4) the former client is not emotionally dependent on the
62.9 	social worker and does not continue to relate to the social
62.10 	worker as a client; and 
62.11 	(5) the social worker is not emotionally dependent on the
62.12 	client and does not continue to relate to the former client as a
62.13 	social worker.
62.14 	(b) If there is an alleged violation of paragraph (a), the
62.15 	social worker assumes the full burden of demonstrating to the
62.16 	board that the social worker did not intentionally or
62.17 	unintentionally coerce, exploit, deceive, or manipulate the
62.18 	client, and the social worker's sexual conduct was not
62.19 	detrimental to the client at any time.  Upon request, a social
62.20 	worker must provide information to the board addressing:
62.21 	(1) the amount of time that has passed since termination of
62.22 	services;
62.23 	(2) the duration, intensity, and nature of services;
62.24 	(3) the circumstances of termination of services;
62.25 	(4) the former client's emotional, mental, and behavioral
62.26 	history;
62.27 	(5) the former client's current emotional, mental, and
62.28 	behavioral status;
62.29 	(6) the likelihood of adverse impact on the former client;
62.30 	and 
62.31 	(7) the existence of actions, conduct, or statements made
62.32 	by the social worker during the course of services suggesting or
62.33 	inviting the possibility of a sexual relationship with the
62.34 	client following termination of services.
62.35 	(c) A social worker who has provided social work services
62.36 	other than those described in paragraph (a) to a client must not
63.1 	engage in or suggest sexual conduct with the former client if a
63.2 	reasonable and prudent social worker would conclude after
63.3 	appropriate assessment that engaging in such behavior with the
63.4 	former client would create an unacceptable risk of harm to the
63.5 	former client.
63.6 		Subd. 9.Sexual conduct with a student, supervisee, or
63.7 	intern. (a) A social worker must not engage in or suggest
63.8 	sexual conduct with a student while the social worker has
63.9 	authority over any part of the student's academic program.
63.10 	(b) A social worker supervising an intern must not engage
63.11 	in or suggest sexual conduct with the intern during the course
63.12 	of the internship.
63.13 	(c) A social worker practicing social work as a supervisor
63.14 	must not engage in or suggest sexual conduct with a supervisee
63.15 	during the period of supervision.
63.16 		Subd. 10.Sexual harassment. A social worker must not
63.17 	engage in any physical, oral, written, or electronic behavior
63.18 	that a client, former client, student, supervisee, or intern may
63.19 	reasonably interpret as sexually harassing or sexually demeaning.
63.20 		Subd. 11.Business relationship with a client. A social
63.21 	worker must not purchase goods or services from a client or
63.22 	otherwise engage in a business relationship with a client except
63.23 	when:
63.24 	(1) a social worker purchases goods or services from the
63.25 	client and a reasonable and prudent social worker would
63.26 	determine that it is not practical or reasonable to obtain the
63.27 	goods or services from another provider; and 
63.28 	(2) engaging in the business relationship will not be
63.29 	detrimental to the client or the professional relationship.
63.30 		Subd. 12.Business relationship with a former client. A
63.31 	social worker may purchase goods or services from a former
63.32 	client or otherwise engage in a business relationship with a
63.33 	former client after appropriate termination of the professional
63.34 	relationship unless a reasonable and prudent social worker would
63.35 	conclude after appropriate assessment that:
63.36 	(1) the former client is emotionally dependent on the
64.1 	social worker and purchasing goods or services from the former
64.2 	client or otherwise engaging in a business relationship with the
64.3 	former client would be detrimental to the former client; or 
64.4 	(2) the social worker is emotionally dependent on the
64.5 	former client and purchasing goods or services from the former
64.6 	client or otherwise engaging in a business relationship with the
64.7 	former client would be detrimental to the former client.
64.8 		Subd. 13.Previous sexual, personal, or business
64.9 	relationship. (a) A social worker must not engage in a social
64.10 	worker/client relationship with an individual with whom the
64.11 	social worker had a previous sexual relationship.
64.12 	(b) A social worker must not engage in a social
64.13 	worker/client relationship with an individual with whom the
64.14 	social worker had a previous personal or business relationship
64.15 	if a reasonable and prudent social worker would conclude after
64.16 	appropriate assessment that the social worker/client
64.17 	relationship would create an unacceptable risk of client harm or
64.18 	that the social worker's objectivity or professional judgment
64.19 	may be impaired.
64.20 		Subd. 14.Giving alcohol or other drugs to a client. (a)
64.21 	Unless authorized by law, a social worker must not offer
64.22 	medication or controlled substances to a client.
64.23 	(b) A social worker must not accept medication or
64.24 	controlled substances from a client except that if authorized by
64.25 	law, a social worker may accept medication or controlled
64.26 	substances from a client for purposes of disposal or to monitor
64.27 	use.
64.28 	(c) A social worker must not offer alcoholic beverages to a
64.29 	client except when such an offer is authorized or prescribed by
64.30 	a physician or is in accordance with a client's care plan.
64.31 	(d) A social worker must not accept alcoholic beverages
64.32 	from a client.
64.33 	Subd. 15.[RELATIONSHIP WITH A CLIENT'S FAMILY OR
64.34 	HOUSEHOLD MEMBER.] Subdivisions 1 to 14 apply to a social
64.35 	worker's relationship with a client's family or household member
64.36 	when a reasonable and prudent social worker would conclude after
65.1 	appropriate assessment that a relationship with a family or
65.2 	household member would create an unacceptable risk of harm to
65.3 	the client.

65.4 	Sec. 46. [148D.225] TREATMENT AND INTERVENTION SERVICES.
65.5 		Subdivision 1.Assessment or diagnosis. A social worker
65.6 	must base treatment and intervention services on an assessment
65.7 	or diagnosis.  A social worker must evaluate, on an ongoing
65.8 	basis, the appropriateness of the assessment or diagnosis.
65.9 		Subd. 2.Assessment or diagnostic instruments. A social
65.10 	worker must not use an assessment or diagnostic instrument
65.11 	without adequate training.  A social worker must follow
65.12 	standards and accepted procedures for using an assessment or
65.13 	diagnostic instrument.  A social worker must inform a client of
65.14 	the purpose before administering the instrument and must make
65.15 	the results available to the client.
65.16 		Subd. 3.Plan for services. A social worker must develop
65.17 	a plan for services that includes goals based on the assessment
65.18 	or diagnosis.  A social worker must evaluate, on an ongoing
65.19 	basis, the appropriateness of the plan and the client's progress
65.20 	toward the goals.
65.21 		Subd. 4.Records. (a) A social worker must make and
65.22 	maintain current and accurate records, appropriate to the
65.23 	circumstances, of all services provided to a client.  At a
65.24 	minimum, the records must contain documentation of:
65.25 	(1) the assessment or diagnosis;
65.26 	(2) the content of the service plan;
65.27 	(3) progress with the plan and any revisions of assessment,
65.28 	diagnosis, or plan;
65.29 	(4) any fees charged and payments made;
65.30 	(5) copies of all client-written authorizations for release
65.31 	of information; and 
65.32 	(6) other information necessary to provide appropriate
65.33 	services.
65.34 	(b) These records must be maintained by the social worker
65.35 	for at least seven years after the last date of service to the
65.36 	client.  Social workers who are employed by an agency or other
66.1 	entity are not required to:
66.2 	(1) maintain personal or separate records; or 
66.3 	(2) personally retain records at the conclusion of their
66.4 	employment.
66.5 		Subd. 5.Termination of services. A social worker must
66.6 	terminate a professional relationship with a client when the
66.7 	social worker reasonably determines that the client is not
66.8 	likely to benefit from continued services or the services are no
66.9 	longer needed, unless the social worker is required by law to
66.10 	provide services.  A social worker who anticipates terminating
66.11 	services must give reasonable notice to the client in a manner
66.12 	that is appropriate to the needs of the client.  The social
66.13 	worker must provide appropriate referrals as needed or upon
66.14 	request of the client.

66.15 	Sec. 47. [148D.230] CONFIDENTIALITY AND RECORDS.
66.16 		Subdivision 1.Informed consent. (a) A social worker
66.17 	must obtain valid, informed consent, appropriate to the
66.18 	circumstances, before providing services to clients.  When
66.19 	obtaining informed consent, the social worker must determine
66.20 	whether the client has the capacity to provide informed
66.21 	consent.  If the client does not have the capacity to provide
66.22 	consent, the social worker must obtain consent for the services
66.23 	from the client's legal representative.  The social worker must
66.24 	not provide services, unless authorized or required by law, if
66.25 	the client or the client's legal representative does not consent
66.26 	to the services.
66.27 	(b) If a social worker determines that a client does not
66.28 	have the capacity to provide consent, and the client does not
66.29 	have a legal representative, the social worker:
66.30 	(1) must, except as provided in clause (2), secure a legal
66.31 	representative for a client before providing services; or 
66.32 	(2) may, notwithstanding clause (1), provide services,
66.33 	except when prohibited by other applicable law, that are
66.34 	necessary to ensure the client's safety or to preserve the
66.35 	client's property or financial resources.
66.36 	(c) A social worker must use clear and understandable
67.1 	language, including using an interpreter proficient in the
67.2 	client's primary language as necessary, to inform clients of the
67.3 	plan of services, risks related to the plan, limits to services,
67.4 	relevant costs, terms of payment, reasonable alternatives, the
67.5 	client's right to refuse or withdraw consent, and the time frame
67.6 	covered by the consent.
67.7 		Subd. 2.Mandatory reporting and disclosure of client
67.8 	information. At the beginning of a professional relationship
67.9 	and during the professional relationship as necessary and
67.10 	appropriate, a social worker must inform the client of those
67.11 	circumstances under which the social worker may be required to
67.12 	disclose client information specified in subdivision 3,
67.13 	paragraph (a), without the client's consent.
67.14 		Subd. 3.Confidentiality of client information. (a) A
67.15 	social worker must ensure the confidentiality of all client
67.16 	information obtained in the course of the social worker/client
67.17 	relationship and all client information otherwise obtained by
67.18 	the social worker that is relevant to the social worker/client
67.19 	relationship.  Except as provided in this section, client
67.20 	information may be disclosed or released only with the client's
67.21 	or the client's legal representative's valid informed consent,
67.22 	appropriate to the circumstances, except when otherwise required
67.23 	by law.  A social worker must seek consent to disclose or
67.24 	release client information only when such disclosure or release
67.25 	is necessary to provide social work services.
67.26 	(b) A social worker must continue to maintain
67.27 	confidentiality of the client information specified in paragraph
67.28 	(a) upon termination of the professional relationship including
67.29 	upon the death of the client, except as provided under this
67.30 	section or other applicable law.
67.31 	(c) A social worker must limit access to the client
67.32 	information specified in paragraph (a) in a social worker's
67.33 	agency to appropriate agency staff whose duties require access.
67.34 		Subd. 4.Release of client information with written
67.35 	informed consent. (a) Except as provided in subdivision 5,
67.36 	client information specified in subdivision 3, paragraph (a),
68.1 	may be released only with the client's or the client's legal
68.2 	representative's written informed consent.  The written informed
68.3 	consent must:
68.4 	(1) explain to whom the client's records may be released;
68.5 	(2) explain the purpose for the release; and 
68.6 	(3) state an expiration date for the authorized release of
68.7 	the records.
68.8 	(b) A social worker may provide client information
68.9 	specified in subdivision 3, paragraph (a), to a third party for
68.10 	the purpose of payment for services rendered only with the
68.11 	client's written informed consent.
68.12 	(c) Except as provided in subdivision 5, a social worker
68.13 	may disclose client information specified in subdivision 3,
68.14 	paragraph (a), only with the client's or the client's legal
68.15 	representative's written informed consent.  When it is not
68.16 	practical to obtain written informed consent before providing
68.17 	necessary services, a social worker may disclose or release
68.18 	client information with the client's or the client's legal
68.19 	representative's oral informed consent.
68.20 	(d) Unless otherwise authorized by law, a social worker
68.21 	must obtain a client's written informed consent before taking a
68.22 	photograph of the client or making an audio or video recording
68.23 	of the client, or allowing a third party to do the same.  The
68.24 	written informed consent must explain:
68.25 	(1) the purpose of the photograph or the recording and how
68.26 	the photograph or recording will be used, how it will be stored,
68.27 	and when it will be destroyed; and 
68.28 	(2) how the client may have access to the photograph or
68.29 	recording.
68.30 		Subd. 5.Release of client information without written
68.31 	informed consent. (a) A social worker may disclose client
68.32 	information specified in subdivision 3, paragraph (a), without
68.33 	the written consent of the client or the client's legal
68.34 	representative only under the following circumstances or under
68.35 	the circumstances described in paragraph (b):
68.36 	(1) when mandated or authorized by federal or state law,
69.1 	including the mandatory reporting requirements under the duty to
69.2 	warn, maltreatment of minors, and vulnerable adult laws
69.3 	specified in section 148D.240, subdivisions 6 to 8;
69.4 	(2) when the board issues a subpoena to the social worker;
69.5 	or 
69.6 	(3) when a court of competent jurisdiction orders release
69.7 	of the client records or information.
69.8 	(b) When providing services authorized or required by law
69.9 	to a client who does not have the capacity to provide consent
69.10 	and who does not have a legal representative, a social worker
69.11 	must disclose or release client records or information as
69.12 	necessary to provide services to ensure the client's safety or
69.13 	to preserve the client's property or financial resources.
69.14 		Subd. 6.Release of client records or information. When
69.15 	releasing client records or information under this section, a
69.16 	social worker must release current, accurate, and complete
69.17 	records or information.

69.18 	Sec. 48. [148D.235] FEES AND BILLING PRACTICES.
69.19 		Subdivision 1.Fees and payments. (a) A social worker
69.20 	must ensure that a client or a client's legal representative is
69.21 	informed of all fees at the initial session or meeting with the
69.22 	client, and that payment for services is arranged with the
69.23 	client or the client's legal representative at the beginning of
69.24 	the professional relationship.  Upon request from a client or a
69.25 	client's legal representative, a social worker must provide in a
69.26 	timely manner a written payment plan or a written explanation of
69.27 	the charges for any services rendered.
69.28 	(b) When providing services authorized or required by law
69.29 	to a client who does not have the capacity to provide consent
69.30 	and who does not have a legal representative, a social worker
69.31 	may submit reasonable bills to an appropriate payer for services
69.32 	provided.
69.33 		Subd. 2.Billing for services not provided. A social
69.34 	worker must not bill for services that have not been provided
69.35 	except that, with prior notice to the client, a social worker
69.36 	may bill for failed appointments or for cancellations without
70.1 	sufficient notice.  A social worker may bill only for provided
70.2 	services which are necessary and appropriate.  Financial
70.3 	responsibility for failed appointment billings resides solely
70.4 	with the client and such costs may not be billed to public or
70.5 	private payers.
70.6 		Subd. 3.No payment for referrals. A social worker must
70.7 	not accept or give a commission, rebate, or other form of
70.8 	remuneration solely or primarily to profit from the referral of
70.9 	a client.
70.10 		Subd. 4.Fees and billing practices. A social worker
70.11 	must not engage in improper or fraudulent billing practices,
70.12 	including, but not limited to, violations of the federal
70.13 	Medicare and Medicaid laws or state medical assistance laws.

70.14 	Sec. 49. [148D.240] REPORTING REQUIREMENTS.
70.15 		Subdivision 1.Failure to self-report adverse
70.16 	actions. The board has grounds to take action under sections
70.17 	148D.255 to 148D.270 when a social worker fails to report to the
70.18 	board within 90 days:
70.19 	(1) having been disciplined, sanctioned, or found to have
70.20 	violated a state, territorial, provincial, or foreign licensing
70.21 	agency's laws or rules;
70.22 	(2) having been convicted of committing a felony, gross
70.23 	misdemeanor, or misdemeanor reasonably related to the practice
70.24 	of social work;
70.25 	(3) having had a finding or verdict of guilt, whether or
70.26 	not the adjudication of guilt is withheld or not entered, of
70.27 	committing a felony, gross misdemeanor, or misdemeanor
70.28 	reasonably related to the practice of social work;
70.29 	(4) having admitted to committing, or entering a no contest
70.30 	plea to committing, a felony, gross misdemeanor, or misdemeanor
70.31 	reasonably related to the practice of social work; or 
70.32 	(5) having been denied licensure by a state, territorial,
70.33 	provincial, or foreign licensing agency.
70.34 		Subd. 2.Failure to submit application information. The
70.35 	board has grounds to take action under sections 148D.255 to
70.36 	148D.270 when an applicant or licensee fails to submit with an
71.1 	application the following information:
71.2 	(1) the dates and dispositions of any malpractice
71.3 	settlements or awards made relating to the social work services
71.4 	provided by the applicant or licensee; or 
71.5 	(2) the dates and dispositions of any civil litigations or
71.6 	arbitrations relating to the social work services provided by
71.7 	the applicant or licensee.
71.8 		Subd. 3.Reporting other licensed health
71.9 	professionals. An applicant or licensee must report to the
71.10 	appropriate health-related licensing board conduct by a licensed
71.11 	health professional which would constitute grounds for
71.12 	disciplinary action under the statutes and rules enforced by
71.13 	that board.
71.14 		Subd. 4.Reporting unlicensed practice. An applicant or
71.15 	licensee must report to the board conduct by an unlicensed
71.16 	person which constitutes the practice of social work, as defined
71.17 	in section 148D.010, except when the unlicensed person is exempt
71.18 	from licensure pursuant to section 148D.065.
71.19 		Subd. 5.Failure to report other applicants or licensees
71.20 	and unlicensed practice. The board has grounds to take action
71.21 	under sections 148D.255 to 148.270 when an applicant or licensee
71.22 	fails to report to the board conduct:
71.23 	(1) by another licensee or applicant which the applicant or
71.24 	licensee has reason to believe may reasonably constitute grounds
71.25 	for disciplinary action under this section; or 
71.26 	(2) by an unlicensed person that constitutes the practice
71.27 	of social work when a license is required to practice social
71.28 	work.
71.29 		Subd. 6.Duty to warn. A licensee must comply with the
71.30 	duty to warn established by section 148.975.
71.31 		Subd. 7.Reporting maltreatment of minors. An applicant
71.32 	or licensee must comply with the reporting of maltreatment of
71.33 	minors established by section 626.556.
71.34 		Subd. 8.Reporting maltreatment of vulnerable adults. An
71.35 	applicant or licensee must comply with the reporting of
71.36 	maltreatment of vulnerable adults established by section 626.557.
72.1 		Subd. 9.Subpoenas. The board may issue subpoenas
72.2 	pursuant to section 148D.245 and chapter 214 for the production
72.3 	of any reports required by this section or any related documents.
72.4 	INVESTIGATIONS

72.5 	Sec. 50. [148D.245] INVESTIGATIVE POWERS AND PROCEDURES.
72.6 		Subdivision 1.Subpoenas. (a) The board may issue
72.7 	subpoenas and compel the attendance of witnesses and the
72.8 	production of all necessary papers, books, records, documents,
72.9 	and other evidentiary material as part of its investigation of
72.10 	an applicant or licensee under this section or chapter 214.
72.11 	(b) If any person fails or refuses to appear or testify
72.12 	regarding any matter about which the person may be lawfully
72.13 	questioned, or fails or refuses to produce any papers, books,
72.14 	records, documents, or other evidentiary materials in the matter
72.15 	to be heard, after having been required by order of the board or
72.16 	by a subpoena of the board to do so, the board may institute a
72.17 	proceeding in any district court to enforce the board's order or
72.18 	subpoena.
72.19 	(c) The board or a designated member of the board acting on
72.20 	behalf of the board may issue subpoenas or administer oaths to
72.21 	witnesses or take affirmations.  Depositions may be taken within
72.22 	or out of the state in the manner provided by law for the taking
72.23 	of depositions in civil actions.
72.24 	(d) A subpoena or other process or paper may be served upon
72.25 	any person named therein, by mail or by any officer authorized
72.26 	to serve subpoenas or other process or paper in civil actions,
72.27 	with the same fees and mileage and in the same manner as
72.28 	prescribed by law for service of process issued out of the
72.29 	district court of this state.
72.30 	(e) Fees, mileage, and other costs must be paid as the
72.31 	board directs.
72.32 		Subd. 2.Classification of data. (a) Any records
72.33 	obtained as part of an investigation must be treated as
72.34 	investigative data under section 13.41 and be classified as
72.35 	confidential data.
72.36 	(b) Notwithstanding paragraph (a), client records must be
73.1 	treated as private data under chapter 13.  Client records must
73.2 	be protected as private data in the records of the board and in
73.3 	administrative or judicial proceedings unless the client
73.4 	authorizes the board in writing to make public the identity of
73.5 	the client or a portion or all of the client's records.
73.6 		Subd. 3.Mental or physical examination; chemical
73.7 	dependency evaluation. (a) If the board has (1) probable cause
73.8 	to believe that an applicant or licensee has violated a statute
73.9 	or rule enforced by the board, or an order issued by the board
73.10 	and (2) the board believes the applicant may have a
73.11 	health-related condition relevant to the violation, the board
73.12 	may issue an order directing the applicant or licensee to submit
73.13 	to one or more of the following:  a mental examination, a
73.14 	physical examination, or a chemical dependency evaluation.
73.15 	(b) An examination or evaluation order issued by the board
73.16 	must include:
73.17 	(1) factual specifications on which the order is based;
73.18 	(2) the purpose of the examination or evaluation;
73.19 	(3) the name of the person or entity that will conduct the
73.20 	examination or evaluation; and 
73.21 	(4) the means by which the examination or evaluation will
73.22 	be paid for.
73.23 	(c) Every applicant or licensee must submit to a mental
73.24 	examination, a physical examination, or a chemical dependency
73.25 	evaluation when ordered to do so in writing by the board.
73.26 	(d) By submitting to a mental examination, a physical
73.27 	examination, or a chemical dependency evaluation, an applicant
73.28 	or licensee waives all objections to the admissibility of the
73.29 	examiner or evaluator's testimony or reports on the grounds that
73.30 	the testimony or reports constitute a privileged communication.
73.31 		Subd. 4.Failure to submit to an examination. (a) If an
73.32 	applicant or licensee fails to submit to an examination or
73.33 	evaluation ordered by the board pursuant to subdivision 3,
73.34 	unless the failure was due to circumstances beyond the control
73.35 	of the applicant or licensee, the failure is an admission that
73.36 	the applicant or licensee violated a statute or rule enforced by
74.1 	the board as specified in the examination or evaluation order
74.2 	issued by the board.  The failure may result in an application
74.3 	being denied or other adversarial, corrective, or disciplinary
74.4 	action being taken by the board without a contested case hearing.
74.5 	(b) If an applicant or licensee requests a contested case
74.6 	hearing after the board denies an application or takes other
74.7 	disciplinary or adversarial action, the only issues which may be
74.8 	determined at the hearing are:
74.9 	(1) whether the board had probable cause to issue the
74.10 	examination or evaluation order; and 
74.11 	(2) whether the failure to submit to the examination or
74.12 	evaluation was due to circumstances beyond the control of the
74.13 	applicant or licensee.
74.14 	(c) Neither the record of a proceeding under this
74.15 	subdivision nor an order issued by the board may be admissible,
74.16 	subject to subpoena, or be used against the applicant or
74.17 	licensee in a proceeding in which the board is not a party or
74.18 	decision maker.
74.19 	(d) Information obtained under this subdivision must be
74.20 	treated as private data under chapter 13.  An order issued by
74.21 	the board as the result of an applicant's or licensee's failure
74.22 	to submit to an examination or evaluation must be treated as
74.23 	public data under chapter 13.
74.24 		Subd. 5.Access to data and records. (a) In addition to
74.25 	ordering a physical or mental examination or chemical dependency
74.26 	evaluation, and notwithstanding section 13.384, 144.651, 595.02,
74.27 	or any other statute limiting access to health records, the
74.28 	board or a designated member of the board acting on behalf of
74.29 	the board may subpoena physical, mental, and chemical dependency
74.30 	health records relating to an applicant or licensee without the
74.31 	applicant's or licensee's consent if:
74.32 	(1) the board has probable cause to believe that the
74.33 	applicant or licensee has violated chapter 214, a statute or
74.34 	rule enforced by the board, or an order issued by the board; and 
74.35 	(2) the board has reason to believe that the records are
74.36 	relevant and necessary to the investigation.
75.1 	(b) An applicant, licensee, insurance company, government
75.2 	agency, health care facility, or provider as defined in section
75.3 	144.335, subdivision 1, paragraph (b), must comply with any
75.4 	subpoena of the board under this subdivision and is not liable
75.5 	in any action for damages for releasing information subpoenaed
75.6 	by the board under this subdivision unless the information
75.7 	provided is false and the person or entity providing the
75.8 	information knew or had reason to know that the information was
75.9 	false.
75.10 	(c) Information on individuals obtained under this
75.11 	subdivision must be treated as investigative data under section
75.12 	13.41 and be classified as confidential data.
75.13 	(d) If an applicant, licensee, person, or entity does not
75.14 	comply with any subpoena of the board under this subdivision,
75.15 	the board may institute a proceeding in any district court to
75.16 	enforce the board's subpoena.
75.17 		Subd. 6.Evidence of past sexual conduct. If, in a
75.18 	proceeding for taking action against an applicant or licensee
75.19 	under this section, the charges involve sexual contact with a
75.20 	client or former client, the board or administrative law judge
75.21 	must not consider evidence of the client's or former client's
75.22 	previous sexual conduct.  Reference to the client's or former
75.23 	client's previous sexual conduct must not be made during the
75.24 	proceedings or in the findings, except by motion of the
75.25 	complainant, unless the evidence would be admissible under the
75.26 	applicable provisions of section 609.347, subdivision 3.
75.27 		Subd. 7.Investigations involving vulnerable adults or
75.28 	children in need of protection. (a) Except as provided in
75.29 	paragraph (b), if the board receives a complaint about a social
75.30 	worker regarding the social worker's involvement in a case of
75.31 	vulnerable adults or children in need of protection, the county
75.32 	or other appropriate public authority may request that the board
75.33 	suspend its investigation, and the board must comply until such
75.34 	time as the court issues its findings on the case.
75.35 	(b) Notwithstanding paragraph (a), the board may continue
75.36 	with an investigation if the board determines that doing so is
76.1 	in the best interests of the vulnerable adult or child and is
76.2 	consistent with the board's obligation to protect the public.
76.3 	If the board chooses to continue an investigation, the board
76.4 	must notify the county or other appropriate public authority in
76.5 	writing and state its reasons for doing so.
76.6 		Subd. 8.Notification of complainant. (a) In no more
76.7 	than 14 calendar days after receiving a complaint regarding a
76.8 	licensee, the board must notify the complainant that the board
76.9 	has received the complaint.
76.10 	(b) The board must periodically notify the complainant of
76.11 	the status of the complaint.
76.12 		Subd. 9.Notification of licensee. (a) Except as
76.13 	provided in paragraph (b), in no more than 60 calendar days
76.14 	after receiving a complaint regarding a licensee, the board must
76.15 	notify the licensee that the board has received the complaint
76.16 	and inform the licensee of:
76.17 	(1) the substance of the complaint;
76.18 	(2) the sections of the law that allegedly have been
76.19 	violated; and 
76.20 	(3) whether an investigation is being conducted.
76.21 	(b) Paragraph (a) does not apply if:
76.22 	(1) the board determines that such notice would compromise
76.23 	the board's investigation pursuant to section 214.10; or 
76.24 	(2) the board determines that such notice cannot reasonably
76.25 	be accomplished within this time.
76.26 	(c) The board must periodically notify the licensee of the
76.27 	status of the complaint.
76.28 		Subd. 10.Resolution of complaints. In no more than one
76.29 	year after receiving a complaint regarding a licensee, the board
76.30 	must resolve or dismiss the complaint unless the board
76.31 	determines that resolving or dismissing the complaint cannot
76.32 	reasonably be accomplished within this time.

76.33 	Sec. 51. [148D.250] OBLIGATION TO COOPERATE.
76.34 		Subdivision 1.Obligation to cooperate. An applicant or
76.35 	licensee who is the subject of an investigation, or who is
76.36 	questioned by or on behalf of the board in connection with an
77.1 	investigation, must cooperate fully with the investigation.
77.2 	Cooperation includes, but is not limited to:
77.3 	(1) responding fully and promptly to any question relating
77.4 	to the investigation;
77.5 	(2) as reasonably requested by the board, providing copies
77.6 	of client and other records in the applicant's or licensee's
77.7 	possession relating to the investigation;
77.8 	(3) executing release of records as reasonably requested by
77.9 	the board; and 
77.10 	(4) appearing at conferences, hearings, or meetings
77.11 	scheduled by the board, as required in sections 148D.255 to
77.12 	148D.270 and chapter 214.
77.13 		Subd. 2.Investigation. A social worker must not
77.14 	knowingly withhold relevant information, give false or
77.15 	misleading information, or do anything to obstruct an
77.16 	investigation of the social worker or another social worker by
77.17 	the board or by another state or federal regulatory or law
77.18 	enforcement authority.
77.19 		Subd. 3.Payment for copies. The board must pay for
77.20 	copies requested by the board.
77.21 		Subd. 4.Access to client records. Notwithstanding any
77.22 	law to the contrary, an applicant or licensee must allow the
77.23 	board access to any records of a client provided services by the
77.24 	applicant or licensee under investigation.  If the client has
77.25 	not signed a consent permitting access to the client's records,
77.26 	the applicant or licensee must delete any data in the records
77.27 	that identifies the client before providing the records to the
77.28 	board.
77.29 		Subd. 5.Classification of data. Any records obtained
77.30 	pursuant to this subdivision must be treated as investigative
77.31 	data pursuant to section 13.41 and be classified as confidential
77.32 	data.
77.33 	TYPES OF ACTIONS

77.34 	Sec. 52. [148D.255] TYPES OF ACTIONS.
77.35 		Subdivision 1.Actions. The board may take disciplinary
77.36 	action pursuant to section 148D.260, adversarial but
78.1 	nondisciplinary action pursuant to section 148D.265, or
78.2 	voluntary action pursuant to section 148D.270.  Any action taken
78.3 	under sections 148D.260 to 148D.270 is public data.
78.4 		Subd. 2.Disciplinary action. For purposes of section
78.5 	148D.260, "disciplinary action" means an action taken by the
78.6 	board against an applicant or licensee that addresses a
78.7 	complaint alleging a violation of a statute or rule the board is
78.8 	empowered to enforce.
78.9 		Subd. 3.Adversarial but nondisciplinary action. For
78.10 	purposes of section 148D.265, "adversarial but nondisciplinary
78.11 	action" means a nondisciplinary action taken by the board that
78.12 	addresses a complaint alleging a violation of a statute or rule
78.13 	the board is empowered to enforce.
78.14 		Subd. 4.Voluntary action. For purposes of section
78.15 	148D.270, "voluntary action" means a nondisciplinary action
78.16 	agreed to by the board or a designated board member and an
78.17 	applicant or licensee that, through educational or other
78.18 	corrective means, addresses a complaint alleging a violation of
78.19 	a statute or rule that the board is empowered to enforce.

78.20 	Sec. 53. [148D.260] DISCIPLINARY ACTIONS.
78.21 		Subdivision 1.General disciplinary actions. (a) When
78.22 	the board has grounds for disciplinary actions under this
78.23 	chapter, the board may take one or more of the following
78.24 	disciplinary actions:
78.25 	(1) deny an application;
78.26 	(2) permanently revoke a license to practice social work;
78.27 	(3) indefinitely or temporarily suspend a license to
78.28 	practice social work;
78.29 	(4) impose restrictions on a licensee's scope of practice;
78.30 	(5) impose conditions required for the licensee to maintain
78.31 	licensure, including, but not limited to, additional education,
78.32 	supervision, and requiring the passing of an examination
78.33 	provided for in section 148D.055;
78.34 	(6) reprimand a licensee;
78.35 	(7) impose a civil penalty of up to $10,000 for each
78.36 	violation in order to discourage future violations or to deprive
79.1 	the licensee of any economic advantage gained by reason of the
79.2 	violation; or 
79.3 	(8) impose a fee to reimburse the board for all or part of
79.4 	the cost of the proceedings resulting in disciplinary action,
79.5 	including, but not limited to, the amount paid by the board for
79.6 	services received from or expenses incurred by the Office of
79.7 	Administrative Hearings, the Office of the Attorney General,
79.8 	court reporters, witnesses, board members, board staff, or the
79.9 	amount paid by the board for reproducing records.
79.10 	(b) Disciplinary action taken by the board under this
79.11 	subdivision is in effect pending determination of an appeal
79.12 	unless the court, upon petition and for good cause shown,
79.13 	decides otherwise.
79.14 		Subd. 2.Reprimands. (a) In addition to the board's
79.15 	authority to issue a reprimand pursuant to subdivision 1, a
79.16 	designated board member reviewing a complaint as provided for in
79.17 	chapter 214 may issue a reprimand to a licensee.  The designated
79.18 	board member must notify the licensee that the reprimand will
79.19 	become final disciplinary action unless the licensee requests a
79.20 	hearing by the board within 14 calendar days.
79.21 	(b) If the licensee requests a hearing within 14 calendar
79.22 	days, the board must schedule a hearing unless the designated
79.23 	board member withdraws the reprimand.
79.24 	(c) The hearing must be scheduled within 14 working days of
79.25 	the time the licensee submits a request for the hearing.
79.26 	(d) The designated board member who issued the reprimand
79.27 	may participate in the hearing but must not deliberate or vote
79.28 	on the decision by the board.
79.29 	(e) The only evidence permitted at the hearing is
79.30 	affidavits or other documents except for testimony by the
79.31 	licensee or other witnesses whose testimony the board chair has
79.32 	authorized for good cause.
79.33 	(f) If testimony is authorized, the testimony is subject to
79.34 	cross-examination.
79.35 	(g) After the hearing, the board must affirm or dismiss the
79.36 	reprimand.
80.1 		Subd. 3.Temporary suspensions. (a) In addition to any
80.2 	other remedy provided by statute, the board or a designated
80.3 	board member may, without a hearing, temporarily suspend a
80.4 	license to practice social work if the board or the designated
80.5 	board member finds that:
80.6 	(1) the licensee has violated a statute or rule enforced by
80.7 	the board, any other federal or state law or rule related to the
80.8 	practice of social work, or an order, stipulation, or agreement
80.9 	agreed to or issued by the board; and 
80.10 	(2) continued practice by the licensee would create a
80.11 	serious risk of harm to others.
80.12 	(b) The suspension is in effect upon service of a written
80.13 	order on the licensee specifying the statute, rule, order,
80.14 	stipulation, or agreement violated.  Service of the order is
80.15 	effective if the order is served on the licensee or the
80.16 	licensee's attorney personally or by first class mail to the
80.17 	most recent address provided to the board for the licensee or
80.18 	the licensee's attorney.
80.19 	(c) The temporary suspension remains in effect until after
80.20 	the board issues an order pursuant to paragraph (e), or if there
80.21 	is a contested case hearing, after the board issues a written
80.22 	final order pursuant to paragraph (g).
80.23 	(d) If the licensee requests in writing within five
80.24 	calendar days of service of the order that the board hold a
80.25 	hearing, the board must hold a hearing on the sole issue of
80.26 	whether to continue, modify, or lift the suspension.  The board
80.27 	must hold the hearing within ten working days of receipt of the
80.28 	licensee's written request.  Evidence presented by the board or
80.29 	licensee must be in affidavit form only, except that the
80.30 	licensee or the licensee's attorney may present oral argument.
80.31 	(e) Within five working days after the hearing, the board
80.32 	must issue its order.  If the licensee contests the order, the
80.33 	board must schedule a contested case hearing under chapter 14.
80.34 	The contested case hearing must be scheduled to occur within 45
80.35 	calendar days after issuance of the order.
80.36 	(f) The administrative law judge must issue a report within
81.1 	30 calendar days after the contested case hearing is concluded.
81.2 	(g) The board must issue a final order within 30 calendar
81.3 	days after the board receives the administrative law judge's
81.4 	report.

81.5 	Sec. 54. [148D.265] ADVERSARIAL BUT NONDISCIPLINARY
81.6 	ACTIONS.
81.7 		Subdivision 1.Automatic suspensions. (a) A license to
81.8 	practice social work is automatically suspended if:
81.9 	(1) a guardian of a licensee is appointed by order of a
81.10 	court pursuant to sections 524.5-101 and 524.5.102; or 
81.11 	(2) the licensee is committed by order of a court pursuant
81.12 	to chapter 253B.
81.13 	(b) A license remains suspended until:
81.14 	(1) the licensee is restored to capacity by a court; and 
81.15 	(2) upon petition by the licensee and after a hearing or an
81.16 	agreement with the licensee, the board terminates the suspension.
81.17 	(c) If the board terminates the suspension, it may do so
81.18 	with or without conditions or restrictions, including, but not
81.19 	limited to, participation in the health professional services
81.20 	program.
81.21 		Subd. 2.Cease and desist orders. (a) The board or a
81.22 	designated board member may issue a cease and desist order to
81.23 	stop a person from engaging in unauthorized practice or from
81.24 	violating or threatening to violate a statute or rule enforced
81.25 	by the board or an order, stipulation, or agreement agreed to or
81.26 	issued by the board.
81.27 	(b) The cease and desist order must state the reason for
81.28 	its issuance and give notice of the person's right to request a
81.29 	hearing under sections 14.57 to 14.62.  If the person fails to
81.30 	request a hearing in writing postmarked within 15 calendar days
81.31 	after service of the cease and desist order, the order is the
81.32 	final order of the board and is not reviewable by a court or
81.33 	agency.
81.34 	(c) If the board receives a written request for a hearing
81.35 	postmarked within 15 calendar days after service of the cease
81.36 	and desist order, the board must schedule a hearing within 30
82.1 	calendar days of receiving the request.
82.2 	(d) The administrative law judge must issue a report within
82.3 	30 calendar days after the contested case hearing is concluded.
82.4 	(e) Within 30 calendar days after the board receives the
82.5 	administrative law judge's report, the board must issue a final
82.6 	order modifying, vacating, or making permanent the cease and
82.7 	desist order.  The final order remains in effect until modified
82.8 	or vacated by the board.
82.9 	(f) If a person does not comply with a cease and desist
82.10 	order, the board may institute a proceeding in any district
82.11 	court to obtain injunctive relief or other appropriate relief,
82.12 	including but not limited to, a civil penalty payable to the
82.13 	board of up to $10,000 for each violation.
82.14 	(g) A cease and desist order issued pursuant to this
82.15 	subdivision does not relieve a person from criminal prosecution
82.16 	by a competent authority or from disciplinary action by the
82.17 	board.
82.18 		Subd. 3.Injunctive relief. (a) In addition to any other
82.19 	remedy provided by law, the board may bring an action in
82.20 	district court for injunctive relief to restrain any
82.21 	unauthorized practice or violation or threatened violation of
82.22 	any statute or rule, stipulation, or agreement agreed to or
82.23 	enforced by the board or an order issued by the board.
82.24 	(b) A temporary restraining order may be granted in the
82.25 	proceeding if continued activity by a person would create an
82.26 	imminent risk of harm to others.
82.27 	(c) Injunctive relief granted pursuant to this subdivision
82.28 	does not relieve a person from criminal prosecution by a
82.29 	competent authority or from disciplinary action by the board.
82.30 	(d) In bringing an action for injunctive relief, the board
82.31 	need not show irreparable harm.

82.32 	Sec. 55. [148D.270] VOLUNTARY ACTIONS.
82.33 		Subdivision 1.Agreements for corrective action. (a) The
82.34 	board or a designated board member may enter into an agreement
82.35 	for corrective action with an applicant or licensee when the
82.36 	board or a designated board member determines that a complaint
83.1 	alleging a violation of a statute or rule enforced by the board
83.2 	or an order issued by the board may best be resolved through an
83.3 	agreement for corrective action when disciplinary action is not
83.4 	required to protect the public.
83.5 	(b) An agreement for corrective action must:
83.6 	(1) be in writing;
83.7 	(2) specify the facts upon which the agreement is based;
83.8 	(3) clearly indicate the corrective action agreed upon; and 
83.9 	(4) provide that the complaint that resulted in the
83.10 	agreement must be dismissed by the board or the designated board
83.11 	member upon successful completion of the corrective action.
83.12 	(c) The board or designated board member may determine
83.13 	successful completion when the applicant or licensee submits a
83.14 	request for dismissal that documents the applicant's or
83.15 	licensee's successful completion of the corrective action.  The
83.16 	burden of proof is on the applicant or licensee to prove
83.17 	successful completion.
83.18 	(d) An agreement for corrective action is not disciplinary
83.19 	action but must be treated as public data under chapter 13.
83.20 	(e) The board may impose a fee to reimburse the board for
83.21 	all or part of the costs of the proceedings resulting in a
83.22 	corrective action, including, but not limited to, the amount
83.23 	paid by the board for services received from or expenses
83.24 	incurred by the Office of the Attorney General, board members,
83.25 	board staff, or the amount paid by the board for reproducing
83.26 	records.
83.27 	(f) The board or designated board member must not enter
83.28 	into an agreement for corrective action when the complaint
83.29 	alleged sexual conduct with a client unless there is
83.30 	insufficient evidence to justify disciplinary action but there
83.31 	is a basis for corrective action.
83.32 		Subd. 2.Stipulations to cease practicing social
83.33 	work. (a) The board or a designated board member may enter into
83.34 	a stipulation to cease practicing social work with a licensee if
83.35 	the board or designated board member determines that the
83.36 	licensee is unable to practice social work competently or safely
84.1 	or that the social worker's continued practice creates an
84.2 	unacceptable risk of safety to clients, potential clients, or
84.3 	the public.
84.4 	(b) A stipulation to cease practicing social work must:
84.5 	(1) be in writing;
84.6 	(2) specify the facts upon which the stipulation is based;
84.7 	(3) clearly indicate that the licensee must not practice
84.8 	social work and must not hold out to the public that the social
84.9 	worker is licensed; and 
84.10 	(4) specify the term of the stipulation or when and under
84.11 	what circumstances the licensee may petition the board for
84.12 	termination of the stipulation.
84.13 	(c) A stipulation to cease practicing social work is not
84.14 	disciplinary action but must be treated as public data under
84.15 	chapter 13.
84.16 	(d) Nothing in this subdivision prevents the board or
84.17 	designated board member from taking any other disciplinary or
84.18 	adversarial action authorized by sections 148D.255 to 148D.265
84.19 	in lieu of or in addition to entering into a stipulation to
84.20 	cease practicing social work.
84.21 	REQUIREMENTS OF NONLICENSEES

84.22 	Sec. 56. [148D.275] UNAUTHORIZED PRACTICE.
84.23 	No individual may:
84.24 	(1) engage in the practice of social work without a social
84.25 	work license under sections 148D.055 and 148D.060, except when
84.26 	the individual is exempt from licensure pursuant to section
84.27 	148D.065;
84.28 	(2) provide social work services to a client who resides in
84.29 	this state when the individual providing the services is not
84.30 	licensed as a social worker pursuant to sections 148D.055 to
84.31 	148D.060, except when the individual is exempt from licensure
84.32 	pursuant to section 148D.065.

84.33 	Sec. 57. [148D.280] USE OF TITLES.
84.34 	No individual may be presented to the public by any title
84.35 	incorporating the words "social work" or "social worker" or in
84.36 	the titles in section 148D.195, unless that individual holds a
85.1 	license pursuant to sections 148D.055 and 148D.060, or practices
85.2 	in a setting exempt from licensure pursuant to section 148D.065.

85.3 	Sec. 58. [148D.285] REPORTING REQUIREMENTS.
85.4 		Subdivision 1.Institutions. A state agency, political
85.5 	subdivision, agency of a local unit of government, private
85.6 	agency, hospital, clinic, prepaid medical plan, or other health
85.7 	care institution or organization must report to the board:
85.8 	(1) any adversarial action, disciplinary action, or other
85.9 	sanction for conduct that might constitute grounds for action
85.10 	under section 148D.190;
85.11 	(2) the resignation of any applicant or licensee prior to
85.12 	the conclusion of any proceeding for adversarial action,
85.13 	disciplinary action, or other sanction for conduct that might
85.14 	constitute grounds for action under section 148D.190; or 
85.15 	(3) the resignation of any applicant or licensee prior to
85.16 	the commencement of a proceeding for adversarial action,
85.17 	disciplinary action, or other sanction for conduct that might
85.18 	constitute grounds for action under section 148D.190, but after
85.19 	the applicant or licensee had knowledge that a proceeding was
85.20 	contemplated or in preparation.
85.21 		Subd. 2.Professional societies and associations. A
85.22 	state or local professional society or association whose members
85.23 	consist primarily of licensed social workers must report to the
85.24 	board any adversarial action, disciplinary action, or other
85.25 	sanction taken against a member.
85.26 		Subd. 3.Immunity. An individual, professional society
85.27 	or association, state agency, political subdivision, agency of a
85.28 	local unit of government, private agency, hospital, clinic,
85.29 	prepaid medical plan, other health care institution or
85.30 	organization or other entity is immune from civil liability or
85.31 	criminal prosecution for submitting in good faith a report under
85.32 	subdivision 1 or 2 or for otherwise reporting, providing
85.33 	information, or testifying about violations or alleged
85.34 	violations of this chapter.

85.35 	Sec. 59. [148D.290] PENALTIES.
85.36 	An individual or other entity that violates section
86.1 	148D.275, 148D.280, or 148D.285 is guilty of a misdemeanor.

86.2 	Sec. 60. Minnesota Statutes 2004, section 214.06,
86.3 	subdivision 1, is amended to read:
86.4 		Subdivision 1.Fee adjustment.  Notwithstanding any law
86.5 	to the contrary, the commissioner of health as authorized by
86.6 	section 214.13, all health-related licensing boards and all
86.7 	non-health-related licensing boards shall by rule, with the
86.8 	approval of the commissioner of finance, adjust, as needed, any
86.9 	fee which the commissioner of health or the board is empowered
86.10 	to assess.  As provided in section 16A.1285, the adjustment
86.11 	shall be an amount sufficient so that the total fees collected
86.12 	by each board will as closely as possible equal be based on 
86.13 	anticipated expenditures during the fiscal biennium, including
86.14 	expenditures for the programs authorized by sections 214.17 to
86.15 	214.25 and 214.31 to 214.37214.10, 214.103, 214.11, 214.17 to
86.16 	214.24, 214.28 to 214.37, and 214.40, except that a
86.17 	health-related licensing board may have anticipated expenditures
86.18 	in excess of anticipated revenues in a biennium by using
86.19 	accumulated surplus revenues from fees collected by that board
86.20 	in previous bienniums. A health-related licensing board shall
86.21 	not spend more money than the amount appropriated by the
86.22 	legislature for a biennium.For members of an occupation
86.23 	registered after July 1, 1984, by the commissioner of health
86.24 	under the provisions of section 214.13, the fee established must
86.25 	include an amount necessary to recover, over a five-year period,
86.26 	the commissioner's direct expenditures for adoption of the rules
86.27 	providing for registration of members of the occupation.  All
86.28 	fees received shall be deposited in the state treasury. Fees
86.29 	received by the commissioner of health or health-related
86.30 	licensing boards must be credited to the health occupations
86.31 	licensing account in the state government special revenue fund.

86.32 	Sec. 61. Minnesota Statutes 2004, section 214.06, is
86.33 	amended by adding a subdivision to read:
86.34 		Subd. 1a.Health occupations licensing account. Fees
86.35 	received by the commissioner of health or health-related
86.36 	licensing boards must be credited to the health occupations
87.1 	licensing account in the state government special revenue fund.
87.2 	The commissioner of finance shall ensure that the revenues and
87.3 	expenditures of each health-related licensing board are tracked
87.4 	separately in the health occupations licensing account.

87.5 	Sec. 62. REPEALER.
 87.6 		Subdivision 1.Repeal of statutes. Minnesota Statutes
87.7 	2004, sections 148B.18; 148B.185; 148B.19; 148B.20; 148B.21;
87.8 	148B.215; 148B.22; 148B.224; 148B.225; 148B.226; 148B.24;
87.9 	148B.25; 148B.26; 148B.27; 148B.28; 148B.281; 148B.282;
87.10 	148B.283; 148B.284; 148B.285; 148B.286; 148B.287; 148B.288; and
87.11 	148B.289, are repealed.
87.12 		Subd. 2.Repeal of rules. Minnesota Rules, parts
87.13 	8740.0100; 8740.0110; 8740.0120; 8740.0122; 8740.0130;
87.14 	8740.0155; 8740.0185; 8740.0187; 8740.0200; 8740.0240;
87.15 	8740.0260; 8740.0285; 8740.0300; 8740.0310; 8740.0315;
87.16 	8740.0320; 8740.0325; 8740.0330; 8740.0335; 8740.0340; and
87.17 	8740.0345, are repealed.

87.18 	Sec. 63. EFFECTIVE DATE.
 87.19 	Sections 1 to 60 and 62 are effective January 1, 2006.
87.20 	Section 61 is effective July 1, 2005.

87.21 	ARTICLE 2
87.22 	BOARD OF SOCIAL WORK
87.23 	CONFORMING AMENDMENTS

87.24 	Section 1. Minnesota Statutes 2004, section 13.383,
87.25 	subdivision 10, is amended to read:
87.26 		Subd. 10.Social workers.  (a)  [DISCIPLINARY DATA
87.27 	GENERALLY.] Data held by the Board of Social Work in connection
87.28 	with disciplinary matters are classified under
87.29 	sections 148B.281, subdivisions 2 and 5, and 148B.285148D.255
87.30 	to 148D.270.
87.31 	(b)  [REPORTS OF VIOLATIONS.] Certain reports of violations
87.32 	submitted to the Board of Social Work are classified
87.33 	under section 148B.284sections 148D.240 to 148D.250.
87.34 	(c)  [CLIENT RECORDS.] Client records of a patient cared
87.35 	for by a social worker who is under review by the Board of
87.36 	Social Work are classified under sections 148B.282 and 148B.286,
88.1 	subdivision 3 section 148D.230.

88.2 	Sec. 2. Minnesota Statutes 2004, section 13.411,
88.3 	subdivision 5, is amended to read:
88.4 		Subd. 5.Social workers.  Residence addresses and
88.5 	telephone numbers of social worker licensees are classified
88.6 	under section 148B.285, subdivision 5chapter 148D.

88.7 	Sec. 3. Minnesota Statutes 2004, section 144.335,
88.8 	subdivision 1, is amended to read:
88.9 		Subdivision 1.Definitions.  For the purposes of this
88.10 	section, the following terms have the meanings given them:
88.11 	(a) "Patient" means a natural person who has received
88.12 	health care services from a provider for treatment or
88.13 	examination of a medical, psychiatric, or mental condition, the
88.14 	surviving spouse and parents of a deceased patient, or a person
88.15 	the patient appoints in writing as a representative, including a
88.16 	health care agent acting pursuant to chapter 145C, unless the
88.17 	authority of the agent has been limited by the principal in the
88.18 	principal's health care directive.  Except for minors who have
88.19 	received health care services pursuant to sections 144.341 to
88.20 	144.347, in the case of a minor, patient includes a parent or
88.21 	guardian, or a person acting as a parent or guardian in the
88.22 	absence of a parent or guardian.
88.23 	(b) "Provider" means (1) any person who furnishes health
88.24 	care services and is regulated to furnish the services pursuant
88.25 	to chapter 147, 147A, 147B, 147C, 147D, 148, 148B, 148C, 148D,
88.26 	150A, 151, 153, or 153A, or Minnesota Rules, chapter 4666; (2) a
88.27 	home care provider licensed under section 144A.46; (3) a health
88.28 	care facility licensed pursuant to this chapter or chapter 144A;
88.29 	(4) a physician assistant registered under chapter 147A; and (5)
88.30 	an unlicensed mental health practitioner regulated pursuant to
88.31 	sections 148B.60 to 148B.71.
88.32 	(c) "Individually identifiable form" means a form in which
88.33 	the patient is or can be identified as the subject of the health
88.34 	records.

88.35 	Sec. 4. Minnesota Statutes 2004, section 144A.46,
88.36 	subdivision 2, is amended to read:
89.1 		Subd. 2.Exemptions.  The following individuals or
89.2 	organizations are exempt from the requirement to obtain a home
89.3 	care provider license:
89.4 	(1) a person who is licensed as a registered nurse under
89.5 	sections 148.171 to 148.285 and who independently provides
89.6 	nursing services in the home without any contractual or
89.7 	employment relationship to a home care provider or other
89.8 	organization;
89.9 	(2) a personal care assistant who provides services to only
89.10 	one individual under the medical assistance program as
89.11 	authorized under sections 256B.0625, subdivision 19a, and
89.12 	256B.04, subdivision 16;
89.13 	(3) a person or organization that exclusively offers,
89.14 	provides, or arranges for personal care assistant services to
89.15 	only one individual under the medical assistance program as
89.16 	authorized under sections 256B.0625, subdivision 19a, and
89.17 	256B.04, subdivision 16;
89.18 	(4) a person who is licensed under sections 148.65 to
89.19 	148.78 and who independently provides physical therapy services
89.20 	in the home without any contractual or employment relationship
89.21 	to a home care provider or other organization;
89.22 	(5) a provider that is licensed by the commissioner of
89.23 	human services to provide semi-independent living services under
89.24 	Minnesota Rules, parts 9525.0500 to 9525.0660 when providing
89.25 	home care services to a person with a developmental disability;
89.26 	(6) a provider that is licensed by the commissioner of
89.27 	human services to provide home and community-based services
89.28 	under Minnesota Rules, parts 9525.2000 to 9525.2140 when
89.29 	providing home care services to a person with a developmental
89.30 	disability;
89.31 	(7) a person or organization that provides only home
89.32 	management services, if the person or organization is registered
89.33 	under section 144A.461; or
89.34 	(8) a person who is licensed as a social worker under
89.35 	sections 148B.18 to 148B.289chapter 148D and who provides
89.36 	social work services in the home independently and not through
90.1 	any contractual or employment relationship with a home care
90.2 	provider or other organization.
90.3 	An exemption under this subdivision does not excuse the
90.4 	individual from complying with applicable provisions of the home
90.5 	care bill of rights.

90.6 	Sec. 5. Minnesota Statutes 2004, section 147.09, is
90.7 	amended to read:
90.8 	147.09 EXEMPTIONS.
90.9 	Section 147.081 does not apply to, control, prevent or
90.10 	restrict the practice, service, or activities of:
90.11 	(1) A person who is a commissioned medical officer of, a
90.12 	member of, or employed by, the armed forces of the United
90.13 	States, the United States Public Health Service, the Veterans
90.14 	Administration, any federal institution or any federal agency
90.15 	while engaged in the performance of official duties within this
90.16 	state, if the person is licensed elsewhere.
90.17 	(2) A licensed physician from a state or country who is in
90.18 	actual consultation here.
90.19 	(3) A licensed or registered physician who treats the
90.20 	physician's home state patients or other participating patients
90.21 	while the physicians and those patients are participating
90.22 	together in outdoor recreation in this state as defined by
90.23 	section 86A.03, subdivision 3.  A physician shall first register
90.24 	with the board on a form developed by the board for that
90.25 	purpose.  The board shall not be required to promulgate the
90.26 	contents of that form by rule.  No fee shall be charged for this
90.27 	registration.
90.28 	(4) A student practicing under the direct supervision of a
90.29 	preceptor while the student is enrolled in and regularly
90.30 	attending a recognized medical school.
90.31 	(5) A student who is in continuing training and performing
90.32 	the duties of an intern or resident or engaged in postgraduate
90.33 	work considered by the board to be the equivalent of an
90.34 	internship or residency in any hospital or institution approved
90.35 	for training by the board, provided the student has a residency
90.36 	permit issued by the board under section 147.0391.
91.1 	(6) A person employed in a scientific, sanitary, or
91.2 	teaching capacity by the state university, the Department of
91.3 	Education, a public or private school, college, or other bona
91.4 	fide educational institution, a nonprofit organization, which
91.5 	has tax-exempt status in accordance with the Internal Revenue
91.6 	Code, section 501(c)(3), and is organized and operated primarily
91.7 	for the purpose of conducting scientific research directed
91.8 	towards discovering the causes of and cures for human diseases,
91.9 	or the state Department of Health, whose duties are entirely of
91.10 	a research, public health, or educational character, while
91.11 	engaged in such duties; provided that if the research includes
91.12 	the study of humans, such research shall be conducted under the
91.13 	supervision of one or more physicians licensed under this
91.14 	chapter.
91.15 	(7) Physician's assistants registered in this state.
91.16 	(8) A doctor of osteopathy duly licensed by the state Board
91.17 	of Osteopathy under Minnesota Statutes 1961, sections 148.11 to
91.18 	148.16, prior to May 1, 1963, who has not been granted a license
91.19 	to practice medicine in accordance with this chapter provided
91.20 	that the doctor confines activities within the scope of the
91.21 	license.
91.22 	(9) Any person licensed by a health related licensing
91.23 	board, as defined in section 214.01, subdivision 2, or
91.24 	registered by the commissioner of health pursuant to section
91.25 	214.13, including psychological practitioners with respect to
91.26 	the use of hypnosis; provided that the person confines
91.27 	activities within the scope of the license.
91.28 	(10) A person who practices ritual circumcision pursuant to
91.29 	the requirements or tenets of any established religion.
91.30 	(11) A Christian Scientist or other person who endeavors to
91.31 	prevent or cure disease or suffering exclusively by mental or
91.32 	spiritual means or by prayer.
91.33 	(12) A physician licensed to practice medicine in another
91.34 	state who is in this state for the sole purpose of providing
91.35 	medical services at a competitive athletic event.  The physician
91.36 	may practice medicine only on participants in the athletic
92.1 	event.  A physician shall first register with the board on a
92.2 	form developed by the board for that purpose.  The board shall
92.3 	not be required to adopt the contents of the form by rule.  The
92.4 	physician shall provide evidence satisfactory to the board of a
92.5 	current unrestricted license in another state.  The board shall
92.6 	charge a fee of $50 for the registration.
92.7 	(13) A psychologist licensed under section 148.907 or a
92.8 	social worker licensed under section 148B.21chapter 148D who
92.9 	uses or supervises the use of a penile or vaginal plethysmograph
92.10 	in assessing and treating individuals suspected of engaging in
92.11 	aberrant sexual behavior and sex offenders.
92.12 	(14) Any person issued a training course certificate or
92.13 	credentialed by the Emergency Medical Services Regulatory Board
92.14 	established in chapter 144E, provided the person confines
92.15 	activities within the scope of training at the certified or
92.16 	credentialed level.
92.17 	(15) An unlicensed complementary and alternative health
92.18 	care practitioner practicing according to chapter 146A.

92.19 	Sec. 6. Minnesota Statutes 2004, section 214.01,
92.20 	subdivision 2, is amended to read:
92.21 		Subd. 2.Health-related licensing board.  "Health-related
92.22 	licensing board" means the Board of Examiners of Nursing Home
92.23 	Administrators established pursuant to section 144A.19, the
92.24 	Office of Unlicensed Complementary and Alternative Health Care
92.25 	Practice established pursuant to section 146A.02, the Board of
92.26 	Medical Practice created pursuant to section 147.01, the Board
92.27 	of Nursing created pursuant to section 148.181, the Board of
92.28 	Chiropractic Examiners established pursuant to section 148.02,
92.29 	the Board of Optometry established pursuant to section 148.52,
92.30 	the Board of Physical Therapy established pursuant to section
92.31 	148.67, the Board of Psychology established pursuant to section
92.32 	148.90, the Board of Social Work pursuant to section 148B.19 
92.33 	148D.025, the Board of Marriage and Family Therapy pursuant to
92.34 	section 148B.30, the Office of Mental Health Practice
92.35 	established pursuant to section 148B.61, the Board of Behavioral
92.36 	Health and Therapy established by section 148B.51, the Alcohol
93.1 	and Drug Counselors Licensing Advisory Council established
93.2 	pursuant to section 148C.02, the Board of Dietetics and
93.3 	Nutrition Practice established under section 148.622, the Board
93.4 	of Dentistry established pursuant to section 150A.02, the Board
93.5 	of Pharmacy established pursuant to section 151.02, the Board of
93.6 	Podiatric Medicine established pursuant to section 153.02, and
93.7 	the Board of Veterinary Medicine, established pursuant to
93.8 	section 156.01.

93.9 	Sec. 7. Minnesota Statutes 2004, section 245.462,
93.10 	subdivision 18, is amended to read:
93.11 		Subd. 18.Mental health professional.  "Mental health
93.12 	professional" means a person providing clinical services in the
93.13 	treatment of mental illness who is qualified in at least one of
93.14 	the following ways:
93.15 	(1) in psychiatric nursing:  a registered nurse who is
93.16 	licensed under sections 148.171 to 148.285; and:
93.17 	(i) who is certified as a clinical specialist or as a nurse
93.18 	practitioner in adult or family psychiatric and mental health
93.19 	nursing by a national nurse certification organization; or
93.20 	(ii) who has a master's degree in nursing or one of the
93.21 	behavioral sciences or related fields from an accredited college
93.22 	or university or its equivalent, with at least 4,000 hours of
93.23 	post-master's supervised experience in the delivery of clinical
93.24 	services in the treatment of mental illness;
93.25 	(2) in clinical social work:  a person licensed as an
93.26 	independent clinical social worker under section 148B.21,
93.27 	subdivision 6 chapter 148D, or a person with a master's degree
93.28 	in social work from an accredited college or university, with at
93.29 	least 4,000 hours of post-master's supervised experience in the
93.30 	delivery of clinical services in the treatment of mental
93.31 	illness;
93.32 	(3) in psychology:  an individual licensed by the Board of
93.33 	Psychology under sections 148.88 to 148.98 who has stated to the
93.34 	Board of Psychology competencies in the diagnosis and treatment
93.35 	of mental illness;
93.36 	(4) in psychiatry:  a physician licensed under chapter 147
94.1 	and certified by the American Board of Psychiatry and Neurology
94.2 	or eligible for board certification in psychiatry;
94.3 	(5) in marriage and family therapy:  the mental health
94.4 	professional must be a marriage and family therapist licensed
94.5 	under sections 148B.29 to 148B.39 with at least two years of
94.6 	post-master's supervised experience in the delivery of clinical
94.7 	services in the treatment of mental illness; or
94.8 	(6) in allied fields:  a person with a master's degree from
94.9 	an accredited college or university in one of the behavioral
94.10 	sciences or related fields, with at least 4,000 hours of
94.11 	post-master's supervised experience in the delivery of clinical
94.12 	services in the treatment of mental illness.

94.13 	Sec. 8. Minnesota Statutes 2004, section 245.4871,
94.14 	subdivision 27, is amended to read:
94.15 		Subd. 27.Mental health professional.  "Mental health
94.16 	professional" means a person providing clinical services in the
94.17 	diagnosis and treatment of children's emotional disorders.  A
94.18 	mental health professional must have training and experience in
94.19 	working with children consistent with the age group to which the
94.20 	mental health professional is assigned.  A mental health
94.21 	professional must be qualified in at least one of the following
94.22 	ways:
94.23 	(1) in psychiatric nursing, the mental health professional
94.24 	must be a registered nurse who is licensed under sections
94.25 	148.171 to 148.285 and who is certified as a clinical specialist
94.26 	in child and adolescent psychiatric or mental health nursing by
94.27 	a national nurse certification organization or who has a
94.28 	master's degree in nursing or one of the behavioral sciences or
94.29 	related fields from an accredited college or university or its
94.30 	equivalent, with at least 4,000 hours of post-master's
94.31 	supervised experience in the delivery of clinical services in
94.32 	the treatment of mental illness;
94.33 	(2) in clinical social work, the mental health professional
94.34 	must be a person licensed as an independent clinical social
94.35 	worker under section 148B.21, subdivision 6chapter 148D, or a
94.36 	person with a master's degree in social work from an accredited
95.1 	college or university, with at least 4,000 hours of
95.2 	post-master's supervised experience in the delivery of clinical
95.3 	services in the treatment of mental disorders;
95.4 	(3) in psychology, the mental health professional must be
95.5 	an individual licensed by the board of psychology under sections
95.6 	148.88 to 148.98 who has stated to the board of psychology
95.7 	competencies in the diagnosis and treatment of mental disorders;
95.8 	(4) in psychiatry, the mental health professional must be a
95.9 	physician licensed under chapter 147 and certified by the
95.10 	American board of psychiatry and neurology or eligible for board
95.11 	certification in psychiatry;
95.12 	(5) in marriage and family therapy, the mental health
95.13 	professional must be a marriage and family therapist licensed
95.14 	under sections 148B.29 to 148B.39 with at least two years of
95.15 	post-master's supervised experience in the delivery of clinical
95.16 	services in the treatment of mental disorders or emotional
95.17 	disturbances; or
95.18 	(6) in allied fields, the mental health professional must
95.19 	be a person with a master's degree from an accredited college or
95.20 	university in one of the behavioral sciences or related fields,
95.21 	with at least 4,000 hours of post-master's supervised experience
95.22 	in the delivery of clinical services in the treatment of
95.23 	emotional disturbances.

95.24 	Sec. 9. Minnesota Statutes 2004, section 256B.0625,
95.25 	subdivision 38, is amended to read:
95.26 		Subd. 38.Payments for mental health services.  Payments
95.27 	for mental health services covered under the medical assistance
95.28 	program that are provided by masters-prepared mental health
95.29 	professionals shall be 80 percent of the rate paid to
95.30 	doctoral-prepared professionals.  Payments for mental health
95.31 	services covered under the medical assistance program that are
95.32 	provided by masters-prepared mental health professionals
95.33 	employed by community mental health centers shall be 100 percent
95.34 	of the rate paid to doctoral-prepared professionals.  For
95.35 	purposes of reimbursement of mental health professionals under
95.36 	the medical assistance program, all social workers who:
96.1 	(1) have received a master's degree in social work from a
96.2 	program accredited by the Council on Social Work Education;
96.3 	(2) are licensed at the level of graduate social worker or
96.4 	independent social worker; and
96.5 	(3) are practicing clinical social work under appropriate
96.6 	supervision, as defined by section 148B.18chapter 148D; meet
96.7 	all requirements under Minnesota Rules, part 9505.0323, subpart
96.8 	24, and shall be paid accordingly.

96.9 	Sec. 10. Minnesota Statutes 2004, section 256J.08,
96.10 	subdivision 73a, is amended to read:
96.11 		Subd. 73a.Qualified professional.  (a) For physical
96.12 	illness, injury, or incapacity, a "qualified professional" means
96.13 	a licensed physician, a physician's assistant, a nurse
96.14 	practitioner, or a licensed chiropractor.
96.15 	(b) For mental retardation and intelligence testing, a
96.16 	"qualified professional" means an individual qualified by
96.17 	training and experience to administer the tests necessary to
96.18 	make determinations, such as tests of intellectual functioning,
96.19 	assessments of adaptive behavior, adaptive skills, and
96.20 	developmental functioning.  These professionals include licensed
96.21 	psychologists, certified school psychologists, or certified
96.22 	psychometrists working under the supervision of a licensed
96.23 	psychologist.
96.24 	(c) For learning disabilities, a "qualified professional"
96.25 	means a licensed psychologist or school psychologist with
96.26 	experience determining learning disabilities.
96.27 	(d) For mental health, a "qualified professional" means a
96.28 	licensed physician or a qualified mental health professional.  A
96.29 	"qualified mental health professional" means:
96.30 	(1) for children, in psychiatric nursing, a registered
96.31 	nurse who is licensed under sections 148.171 to 148.285, and who
96.32 	is certified as a clinical specialist in child and adolescent
96.33 	psychiatric or mental health nursing by a national nurse
96.34 	certification organization or who has a master's degree in
96.35 	nursing or one of the behavioral sciences or related fields from
96.36 	an accredited college or university or its equivalent, with at
97.1 	least 4,000 hours of post-master's supervised experience in the
97.2 	delivery of clinical services in the treatment of mental
97.3 	illness;
97.4 	(2) for adults, in psychiatric nursing, a registered nurse
97.5 	who is licensed under sections 148.171 to 148.285, and who is
97.6 	certified as a clinical specialist in adult psychiatric and
97.7 	mental health nursing by a national nurse certification
97.8 	organization or who has a master's degree in nursing or one of
97.9 	the behavioral sciences or related fields from an accredited
97.10 	college or university or its equivalent, with at least 4,000
97.11 	hours of post-master's supervised experience in the delivery of
97.12 	clinical services in the treatment of mental illness;
97.13 	(3) in clinical social work, a person licensed as an
97.14 	independent clinical social worker under section 148B.21,
97.15 	subdivision 6 chapter 148D, or a person with a master's degree
97.16 	in social work from an accredited college or university, with at
97.17 	least 4,000 hours of post-master's supervised experience in the
97.18 	delivery of clinical services in the treatment of mental
97.19 	illness;
97.20 	(4) in psychology, an individual licensed by the Board of
97.21 	Psychology under sections 148.88 to 148.98, who has stated to
97.22 	the Board of Psychology competencies in the diagnosis and
97.23 	treatment of mental illness;
97.24 	(5) in psychiatry, a physician licensed under chapter 147
97.25 	and certified by the American Board of Psychiatry and Neurology
97.26 	or eligible for board certification in psychiatry; and
97.27 	(6) in marriage and family therapy, the mental health
97.28 	professional must be a marriage and family therapist licensed
97.29 	under sections 148B.29 to 148B.39, with at least two years of
97.30 	post-master's supervised experience in the delivery of clinical
97.31 	services in the treatment of mental illness.

97.32 	Sec. 11. Minnesota Statutes 2004, section 319B.02,
97.33 	subdivision 19, is amended to read:
97.34 		Subd. 19.Professional services.  "Professional services"
97.35 	means services of the type required or permitted to be furnished
97.36 	by a professional under a license, registration, or certificate
98.1 	issued by the state of Minnesota to practice medicine and
98.2 	surgery under sections 147.01 to 147.22, as a physician
98.3 	assistant pursuant to sections 147A.01 to 147A.27, chiropractic
98.4 	under sections 148.01 to 148.105, registered nursing under
98.5 	sections 148.171 to 148.285, optometry under sections 148.52 to
98.6 	148.62, psychology under sections 148.88 to 148.98, social work
98.7 	under sections 148B.18 to 148B.289chapter 148D, dentistry and
98.8 	dental hygiene under sections 150A.01 to 150A.12, pharmacy under
98.9 	sections 151.01 to 151.40, podiatric medicine under sections
98.10 	153.01 to 153.25, veterinary medicine under sections 156.001 to
98.11 	156.14, architecture, engineering, surveying, landscape
98.12 	architecture, geoscience, and certified interior design under
98.13 	sections 326.02 to 326.15, accountancy under chapter 326A, or
98.14 	law under sections 481.01 to 481.17, or under a license or
98.15 	certificate issued by another state under similar laws.
98.16 	Professional services includes services of the type required to
98.17 	be furnished by a professional pursuant to a license or other
98.18 	authority to practice law under the laws of a foreign nation.

98.19 	Sec. 12. Minnesota Statutes 2004, section 319B.40, is
98.20 	amended to read:
98.21 	319B.40 PROFESSIONAL HEALTH SERVICES.
98.22 	(a) Individuals who furnish professional services pursuant
98.23 	to a license, registration, or certificate issued by the state
98.24 	of Minnesota to practice medicine pursuant to sections 147.01 to
98.25 	147.22, as a physician assistant pursuant to sections 147A.01 to
98.26 	147A.27, chiropractic pursuant to sections 148.01 to 148.106,
98.27 	registered nursing pursuant to sections 148.171 to 148.285,
98.28 	optometry pursuant to sections 148.52 to 148.62, psychology
98.29 	pursuant to sections 148.88 to 148.98, social work pursuant to
98.30 	sections 148B.18 to 148B.289chapter 148D, dentistry pursuant to
98.31 	sections 150A.01 to 150A.12, pharmacy pursuant to sections
98.32 	151.01 to 151.40, or podiatric medicine pursuant to sections
98.33 	153.01 to 153.26 are specifically authorized to practice any of
98.34 	these categories of services in combination if the individuals
98.35 	are organized under this chapter.
98.36 	(b) This authorization does not authorize an individual to
99.1 	practice any profession, or furnish a professional service, for
99.2 	which the individual is not licensed, registered, or certified,
99.3 	but otherwise applies regardless of any contrary provision of a
99.4 	licensing statute or rules adopted pursuant to that statute,
99.5 	related to practicing and organizing in combination with other
99.6 	health services professionals.

99.7 	Sec. 13. EFFECTIVE DATE.
 99.8 	This article is effective January 1, 2006.

99.9 	ARTICLE 3
99.10 	PHYSICAL THERAPISTS

99.11 	Section 1. Minnesota Statutes 2004, section 148.65, is
99.12 	amended by adding a subdivision to read:
99.13 		Subd. 3.Physical therapist assistant. "Physical
99.14 	therapist assistant" means a graduate of a physical therapist
99.15 	assistant educational program accredited by the Commission on
99.16 	Accreditation in Physical Therapy Education (CAPTE) or a
99.17 	recognized comparable national accrediting agency approved by
99.18 	the board.  The physical therapist assistant, under the
99.19 	direction and supervision of the physical therapist, performs
99.20 	physical therapy interventions and assists with coordination,
99.21 	communication, and documentation; and patient-client-related
99.22 	instruction.  The physical therapist is not required to be
99.23 	on-site except as required under Minnesota Rules, part
99.24 	5601.1500, but must be easily available by telecommunications.

99.25 	Sec. 2. Minnesota Statutes 2004, section 148.65, is
99.26 	amended by adding a subdivision to read:
99.27 		Subd. 4.Physical therapy aide. "Physical therapy aide"
99.28 	means a person, working under the direct supervision of a
99.29 	physical therapist, who is not a physical therapist assistant as
99.30 	defined in subdivision 3, who performs tasks as provided under
99.31 	Minnesota Rules, part 5601.1400.

99.32 	Sec. 3. Minnesota Statutes 2004, section 148.65, is
99.33 	amended by adding a subdivision to read:
99.34 		Subd. 5.Student physical therapist. "Student physical
99.35 	therapist" means a person in a professional educational program,
99.36 	approved by the board under section 148.705, who is satisfying
100.1 	supervised clinical education requirements by performing
100.2 	physical therapy under the on-site supervision of a licensed
100.3 	physical therapist.  "On-site supervision" means the physical
100.4 	therapist is easily available for instruction to the student
100.5 	physical therapist.  The physical therapist shall have direct
100.6 	contact with the patient during at least every second treatment
100.7 	session by the student physical therapist.  Telecommunications,
100.8 	except within the facility, does not meet the requirement of
100.9 	on-site supervision.

100.10 	Sec. 4. Minnesota Statutes 2004, section 148.65, is
100.11 	amended by adding a subdivision to read:
100.12 		Subd. 6.Student physical therapist assistant. "Student
100.13 	physical therapist assistant" means a person in a physical
100.14 	therapist assistant educational program accredited by the
100.15 	Commission on Accreditation in Physical Therapy Education
100.16 	(CAPTE) or a recognized comparable national accrediting agency
100.17 	approved by the board.  The student physical therapist
100.18 	assistant, under the direct supervision of the physical
100.19 	therapist, or the direct supervision of the physical therapist
100.20 	and physical therapist assistant, performs physical therapy
100.21 	interventions and assists with coordination, communication,
100.22 	documentation, and patient-client-related instruction.  "Direct
100.23 	supervision" means the physical therapist is physically present
100.24 	and immediately available to provide instruction to the student
100.25 	physical therapist assistant.

100.26 	Sec. 5. Minnesota Statutes 2004, section 148.65, is
100.27 	amended by adding a subdivision to read:
100.28 		Subd. 7.Supportive personnel. "Supportive personnel"
100.29 	means a physical therapist assistant and a physical therapy aide.

100.30 	Sec. 6. Minnesota Statutes 2004, section 148.706, is
100.31 	amended to read:
100.32 	148.706 SUPERVISION OF ASSISTANTS AND ,AIDES, AND
100.33 	STUDENTS.
100.34 	Every physical therapist who uses the services of an a
100.35 	physical therapist assistant or physical therapy aide for the
100.36 	purpose of assisting in the practice of physical therapy is
101.1 	responsible for functions performed by the assistant or aide
101.2 	while engaged in such assistance.  The physical therapist shall
101.3 	permit the assistant or aide to perform only those functions
101.4 	which the therapist is authorized by rule to delegate to a
101.5 	physical therapist assistant or assign to a physical therapy
101.6 	aide and shall provide supervision as specified delegate duties
101.7 	to the physical therapist assistant and assign tasks to the
101.8 	physical therapy aide in accordance with Minnesota Rules, part
101.9 	5601.1400. Physical therapists who instruct student physical
101.10 	therapists and student physical therapist assistants are
101.11 	responsible for the functions performed by the students and
101.12 	shall supervise the students as provided under section 148.65,
101.13 	subdivisions 5 and 6.

101.14 	Sec. 7. [148.735] CANCELLATION OF LICENSE IN GOOD
101.15 	STANDING.
101.16 		Subdivision 1.Board approval; reporting. A physical
101.17 	therapist holding an active license to practice physical therapy
101.18 	in the state may, upon approval of the board, be granted license
101.19 	cancellation if the board is not investigating the person as a
101.20 	result of a complaint or information received or if the board
101.21 	has not begun disciplinary proceedings against the person.  Such
101.22 	action by the board shall be reported as a cancellation of a
101.23 	license in good standing.
101.24 		Subd. 2.Fees nonrefundable. A physical therapist who
101.25 	receives board approval for license cancellation is not entitled
101.26 	to a refund of any license fees paid for the licensure year in
101.27 	which cancellation of the license occurred.
101.28 		Subd. 3.New license after cancellation. If a physical
101.29 	therapist who has been granted board approval for license
101.30 	cancellation desires to resume the practice of physical therapy
101.31 	in Minnesota, that physical therapist must obtain a new license
101.32 	by applying for licensure and fulfilling the requirements then
101.33 	in existence for obtaining an initial license to practice
101.34 	physical therapy in Minnesota.

101.35 	Sec. 8. [148.736] CANCELLATION OF CREDENTIALS UNDER
101.36 	DISCIPLINARY ORDER.
102.1 		Subdivision 1.Board approval; reporting. A physical
102.2 	therapist, whose right to practice is under suspension,
102.3 	condition, limitation, qualification, or restriction by the
102.4 	board may be granted cancellation of credentials by approval of
102.5 	the board.  Such action by the board shall be reported as
102.6 	cancellation while under discipline.  Credentials, for purposes
102.7 	of this section, means board authorized documentation of the
102.8 	privilege to practice physical therapy.
102.9 		Subd. 2.Fees nonrefundable. A physical therapist who
102.10 	receives board approval for credential cancellation is not
102.11 	entitled to a refund of any fees paid for the credentialing year
102.12 	in which cancellation of the credential occurred.
102.13 		Subd. 3.New credential after cancellation. If a
102.14 	physical therapist who has been granted board approval for
102.15 	credential cancellation desires to resume the practice of
102.16 	physical therapy in Minnesota, that physical therapist must
102.17 	obtain a new credential by applying to the board and fulfilling
102.18 	the requirements then in existence for obtaining an initial
102.19 	credential to practice physical therapy in Minnesota.

102.20 	Sec. 9. [148.737] CANCELLATION OF LICENSE FOR
102.21 	NONRENEWAL.
102.22 	The Board of Physical Therapy shall not renew, reissue,
102.23 	reinstate, or restore a license that has lapsed on or after
102.24 	January 1, 2006, and has not been renewed within two annual
102.25 	license renewal cycles starting January 1, 2008.  A licensee
102.26 	whose license is canceled for nonrenewal must obtain a new
102.27 	license by applying for licensure and fulfilling all
102.28 	requirements then in existence for an initial license to
102.29 	practice physical therapy in Minnesota.

102.30 	Sec. 10. Minnesota Statutes 2004, section 148.75, is
102.31 	amended to read:
102.32 	148.75 LICENSES; DENIAL, SUSPENSION, REVOCATION.
102.33 	(a) The state Board of Physical Therapy may refuse to grant
102.34 	a license to any physical therapist, or may suspend or revoke
102.35 	the license of any physical therapist for any of the following
102.36 	grounds:
103.1 	(1) using drugs or intoxicating liquors to an extent which
103.2 	affects professional competence;
103.3 	(2) conviction of a felony;
103.4 	(3) conviction for violating any state or federal narcotic
103.5 	law;
103.6 	(4) obtaining a license or attempting to obtain a license
103.7 	by fraud or deception;
103.8 	(5) conduct unbecoming a person licensed as a physical
103.9 	therapist or conduct detrimental to the best interests of the
103.10 	public;
103.11 	(6) gross negligence in the practice of physical therapy as
103.12 	a physical therapist;
103.13 	(7) treating human ailments by physical therapy after an
103.14 	initial 30-day period of patient admittance to treatment has
103.15 	lapsed, except by the order or referral of a person licensed in
103.16 	this state in the practice of medicine as defined in section
103.17 	147.081, the practice of chiropractic as defined in section
103.18 	148.01, the practice of podiatry as defined in section 153.01,
103.19 	or the practice of dentistry as defined in section 150A.05 and
103.20 	whose license is in good standing; or when a previous diagnosis
103.21 	exists indicating an ongoing condition warranting physical
103.22 	therapy treatment, subject to periodic review defined by board
103.23 	of physical therapy rule;
103.24 	(8) treating human ailments, without referral, by physical
103.25 	therapy treatment without first having practiced one year under
103.26 	a physician's orders as verified by the board's records;
103.27 	(9) failing to consult with the patient's health care
103.28 	provider who prescribed the physical therapy treatment if the
103.29 	treatment is altered by the physical therapist from the original
103.30 	written order.  The provision does not include written orders to
103.31 	"evaluate and treat";
103.32 	(10) treating human ailments other than by physical therapy
103.33 	unless duly licensed or registered to do so under the laws of
103.34 	this state;
103.35 	(11) inappropriate delegation to a physical therapist
103.36 	assistant or inappropriate task assignment to an aide or
104.1 	inadequate supervision of either level of supportive personnel a
104.2 	student physical therapist, physical therapist assistant,
104.3 	student physical therapist assistant, or a physical therapy
104.4 	aide;
104.5 	(12) practicing as a physical therapist performing medical
104.6 	diagnosis, the practice of medicine as defined in section
104.7 	147.081, or the practice of chiropractic as defined in section
104.8 	148.01;
104.9 	(13) failing to comply with a reasonable request to obtain
104.10 	appropriate clearance for mental or physical conditions that
104.11 	would interfere with the ability to practice physical therapy,
104.12 	and that may be potentially harmful to patients;
104.13 	(14) dividing fees with, or paying or promising to pay a
104.14 	commission or part of the fee to, any person who contacts the
104.15 	physical therapist for consultation or sends patients to the
104.16 	physical therapist for treatment;
104.17 	(15) engaging in an incentive payment arrangement, other
104.18 	than that prohibited by clause (14), that tends to promote
104.19 	physical therapy overuse, that allows the referring person or
104.20 	person who controls the availability of physical therapy
104.21 	services to a client to profit unreasonably as a result of
104.22 	patient treatment;
104.23 	(16) practicing physical therapy and failing to refer to a
104.24 	licensed health care professional a patient whose medical
104.25 	condition at the time of evaluation has been determined by the
104.26 	physical therapist to be beyond the scope of practice of a
104.27 	physical therapist; and 
104.28 	(17) failing to report to the board other licensed physical
104.29 	therapists who violate this section; and 
104.30 	(18) practice of physical therapy under lapsed or
104.31 	nonrenewed credentials.
104.32 	(b) A license to practice as a physical therapist is
104.33 	suspended if (1) a guardian of the physical therapist is
104.34 	appointed by order of a court pursuant to sections 524.5-101 to
104.35 	524.5-502, for reasons other than the minority of the physical
104.36 	therapist; or (2) the physical therapist is committed by order
105.1 	of a court pursuant to chapter 253B.  The license remains
105.2 	suspended until the physical therapist is restored to capacity
105.3 	by a court and, upon petition by the physical therapist, the
105.4 	suspension is terminated by the Board of Physical Therapy after
105.5 	a hearing.

105.6 	Sec. 11. [148.754] EXAMINATION; ACCESS TO MEDICAL DATA.
105.7 	(a) If the board has probable cause to believe that a
105.8 	physical therapist comes under section 148.75, paragraph (a), it
105.9 	may direct the physical therapist to submit to a mental or
105.10 	physical examination.  For the purpose of this paragraph, every
105.11 	physical therapist is deemed to have consented to submit to a
105.12 	mental or physical examination when directed in writing by the
105.13 	board and further to have waived all objections to the
105.14 	admissibility of the examining physicians' testimony or
105.15 	examination reports on the ground that they constitute a
105.16 	privileged communication.  Failure of the physical therapist to
105.17 	submit to an examination when directed constitutes an admission
105.18 	of the allegations against the person, unless the failure was
105.19 	due to circumstances beyond the person's control, in which case
105.20 	a default and final order may be entered without the taking of
105.21 	testimony or presentation of evidence.  A physical therapist
105.22 	affected under this paragraph shall, at reasonable intervals, be
105.23 	given an opportunity to demonstrate that the person can resume
105.24 	the competent practice of physical therapy with reasonable skill
105.25 	and safety to the public.
105.26 	(b) In any proceeding under paragraph (a), neither the
105.27 	record of proceedings nor the orders entered by the board shall
105.28 	be used against a physical therapist in any other proceeding.
105.29 	(c) In addition to ordering a physical or mental
105.30 	examination, the board may, notwithstanding section 13.384,
105.31 	144.651, or any other law limiting access to medical or other
105.32 	health data, obtain medical data and health records relating to
105.33 	a physical therapist or applicant without the person's or
105.34 	applicant's consent if the board has probable cause to believe
105.35 	that a physical therapist comes under paragraph (a).  The
105.36 	medical data may be requested from a provider, as defined in
106.1 	section 144.335, subdivision 1, paragraph (b), an insurance
106.2 	company, or a government agency, including the Department of
106.3 	Human Services.  A provider, insurance company, or government
106.4 	agency shall comply with any written request of the board under
106.5 	this paragraph and is not liable in any action for damages for
106.6 	releasing the data requested by the board if the data are
106.7 	released pursuant to a written request under this paragraph,
106.8 	unless the information is false and the provider giving the
106.9 	information knew, or had reason to believe, the information was
106.10 	false.  Information obtained under this paragraph is classified
106.11 	as private under sections 13.01 to 13.87.

106.12 	Sec. 12. [148.755] TEMPORARY SUSPENSION OF LICENSE.
106.13 	In addition to any other remedy provided by law, the board
106.14 	may, without a hearing, temporarily suspend the license of a
106.15 	physical therapist if the board finds that the physical
106.16 	therapist has violated a statute or rule which the board is
106.17 	empowered to enforce and continued practice by the physical
106.18 	therapist would create a serious risk of harm to the public.
106.19 	The suspension shall take effect upon written notice to the
106.20 	physical therapist, specifying the statute or rule violated.
106.21 	The suspension shall remain in effect until the board issues a
106.22 	final order in the matter after a hearing.  At the time it
106.23 	issues the suspension notice, the board shall schedule a
106.24 	disciplinary hearing to be held pursuant to the Administrative
106.25 	Procedure Act, chapter 14.  The physical therapist shall be
106.26 	provided with at least 20 days' notice of any hearing held
106.27 	pursuant to this section.  The hearing shall be scheduled to
106.28 	begin no later than 30 days after the issuance of the suspension
106.29 	order.

106.30 	Sec. 13. REPEALER.
 106.31 	Minnesota Rules, part 5601.0100, subparts 3 and 4, are
106.32 	repealed.

106.33 	ARTICLE 4
106.34 	DENTISTRY

106.35 	Section 1. Minnesota Statutes 2004, section 150A.01,
106.36 	subdivision 6a, is amended to read:
107.1 		Subd. 6a.Faculty dentist.  "Faculty dentist" means a
107.2 	person who is licensed to practice dentistry as a faculty member
107.3 	of a school of dentistry, pursuant to section 150A.06,
107.4 	subdivision 1a.

107.5 	Sec. 2. Minnesota Statutes 2004, section 150A.06,
107.6 	subdivision 1a, is amended to read:
107.7 		Subd. 1a.Faculty dentists.  (a) Faculty members of a
107.8 	school of dentistry must be licensed in order to practice
107.9 	dentistry as defined in section 150A.05.  The board may issue to
107.10 	members of the faculty of a school of dentistry a license
107.11 	designated as either a "limited faculty license" or a "full
107.12 	faculty license" entitling the holder to practice dentistry
107.13 	within the terms described in paragraph (b) or (c).  The dean of
107.14 	a school of dentistry and program directors of a Minnesota
107.15 	dental hygiene or dental assisting school accredited by the
107.16 	Commission on Dental Accreditation of the American Dental
107.17 	Association shall certify to the board those members of the
107.18 	school's faculty who practice dentistry but are not licensed to
107.19 	practice dentistry in Minnesota.  A faculty member who practices
107.20 	dentistry as defined in section 150A.05, before beginning duties
107.21 	in a school of dentistry or a dental hygiene or dental assisting
107.22 	school, shall apply to the board for a limited or full faculty
107.23 	license. The license expires the next July 1 and may, at the
107.24 	discretion of the board, be renewed on a yearly basis.Pursuant
107.25 	to Minnesota Rules, chapter 3100, and at the discretion of the
107.26 	board, a limited faculty license must be renewed annually and a
107.27 	full faculty license must be renewed biennially.The faculty
107.28 	applicant shall pay a nonrefundable fee set by the board for
107.29 	issuing and renewing the faculty license.  The faculty license
107.30 	is valid during the time the holder remains a member of the
107.31 	faculty of a school of dentistry or a dental hygiene or dental
107.32 	assisting school and subjects the holder to this chapter.
107.33 	(b) The board may issue to dentist members of the faculty
107.34 	of a Minnesota school of dentistry, dental hygiene, or dental
107.35 	assisting accredited by the Commission on Dental Accreditation
107.36 	of the American Dental Association, a license designated as a
108.1 	limited faculty license entitling the holder to practice
108.2 	dentistry within the school and its affiliated teaching
108.3 	facilities, but only for the purposes of teaching or conducting
108.4 	research.  The practice of dentistry at a school facility for
108.5 	purposes other than teaching or research is not allowed unless
108.6 	the dentist was a faculty member on August 1, 1993.
108.7 	(c) The board may issue to dentist members of the faculty
108.8 	of a Minnesota school of dentistry, dental hygiene, or dental
108.9 	assisting accredited by the Commission on Dental Accreditation
108.10 	of the American Dental Association a license designated as a
108.11 	full faculty license entitling the holder to practice dentistry
108.12 	within the school and its affiliated teaching facilities and
108.13 	elsewhere if the holder of the license is employed 50 percent
108.14 	time or more by the school in the practice of teaching or
108.15 	research, and upon successful review by the board of the
108.16 	applicant's qualifications as described in subdivisions 1, 1c,
108.17 	and 4 and board rule.  The board, at its discretion, may waive
108.18 	specific licensing prerequisites.

108.19 	Sec. 3. [150A.091] FEES.
108.20 		Subdivision 1.Fee refunds. No fee may be refunded for
108.21 	any reason.
108.22 		Subd. 2.Application fees. Each applicant for licensure
108.23 	or registration shall submit with a license or registration
108.24 	application a nonrefundable fee in the following amounts in
108.25 	order to administratively process an application:
108.26 	(1) dentist, $140;
108.27 	(2) limited faculty dentist, $140;
108.28 	(3) resident dentist, $55;
108.29 	(4) dental hygienist, $55;
108.30 	(5) registered dental assistant, $35; and 
108.31 	(6) dental assistant with a limited registration, $15.
108.32 		Subd. 3.Initial license or registration fees. Along
108.33 	with the application fee, each of the following licensees or
108.34 	registrants shall submit a separate prorated initial license or
108.35 	registration fee.  The prorated initial fee shall be established
108.36 	by the board based on the number of months of the licensee's or
109.1 	registrant's initial term as described in Minnesota Rules, part
109.2 	3100.1700, subpart 1a, not to exceed the following monthly fee
109.3 	amounts:
109.4 	(1) dentist, $14 times the number of months of the initial
109.5 	term;
109.6 	(2) dental hygienist, $5 times the number of months of the
109.7 	initial term;
109.8 	(3) registered dental assistant, $3 times the number of
109.9 	months of initial term; and 
109.10 	(4) dental assistant with a limited registration, $1 times
109.11 	the number of months of the initial term.
109.12 		Subd. 4.Annual license fees. Each limited faculty or
109.13 	resident dentist shall submit with an annual license renewal
109.14 	application a fee established by the board not to exceed the
109.15 	following amounts:
109.16 	(1) limited faculty dentist, $168; and 
109.17 	(2) resident dentist, $59.
109.18 		Subd. 5.Biennial license or registration fees. Each of
109.19 	the following licensees or registrants shall submit with a
109.20 	biennial license or registration renewal application a fee as
109.21 	established by the board, not to exceed the following amounts:
109.22 	(1) dentist, $336;
109.23 	(2) dental hygienist, $118;
109.24 	(3) registered dental assistant, $80; and 
109.25 	(4) dental assistant with a limited registration, $24.
109.26 		Subd. 6.Annual license late fee. Applications for
109.27 	renewal of any license received after the time specified in
109.28 	Minnesota Rules, part 3100.1750, must be assessed a late fee
109.29 	equal to 50 percent of the annual renewal fee.
109.30 		Subd. 7.Biennial license or registration late
109.31 	fee. Applications for renewal of any license or registration
109.32 	received after the time specified in Minnesota Rules, part
109.33 	3100.1700, must be assessed a late fee equal to 25 percent of
109.34 	the biennial renewal fee.
109.35 		Subd. 8.Duplicate license or registration fee. Each
109.36 	licensee or registrant shall submit, with a request for issuance
110.1 	of a duplicate of the original license or registration, or of an
110.2 	annual or biennial renewal of it, a fee in the following amounts:
110.3 	(1) original dentist or dental hygiene license, $35; and 
110.4 	(2) initial and renewal registration certificates and
110.5 	license renewal certificates, $10.
110.6 		Subd. 9.Licensure and registration by credentials. Each
110.7 	applicant for licensure as a dentist or dental hygienist or for
110.8 	registration as a registered dental assistant by credentials
110.9 	pursuant to section 150A.06, subdivisions 4 and 8, and Minnesota
110.10 	Rules, part 3100.1400, shall submit with the license or
110.11 	registration application a fee in the following amounts:
110.12 	(1) dentist, $725;
110.13 	(2) dental hygienist, $175; and 
110.14 	(3) registered dental assistant, $35.
110.15 		Subd. 10.Reinstatement fee. No dentist, dental
110.16 	hygienist, or registered dental assistant whose license or
110.17 	registration has been suspended or revoked may have the license
110.18 	or registration reinstated or a new license or registration
110.19 	issued until a fee has been submitted to the board in the
110.20 	following amounts:
110.21 	(1) dentist, $140;
110.22 	(2) dental hygienist, $55; and 
110.23 	(3) registered dental assistant, $35.
110.24 		Subd. 11.Certificate application fee for
110.25 	anesthesia/sedation. Each dentist shall submit with a general
110.26 	anesthesia or conscious sedation application a fee as
110.27 	established by the board not to exceed the following amounts:
110.28 	(1) for both a general anesthesia and conscious sedation
110.29 	application, $50;
110.30 	(2) for a general anesthesia application only, $50; and 
110.31 	(3) for a conscious sedation application only, $50.
110.32 		Subd. 12.Duplicate certificate fee for
110.33 	anesthesia/sedation. Each dentist shall submit with a request
110.34 	for issuance of a duplicate of the original general anesthesia
110.35 	or conscious sedation certificate a fee in the amount of $10.
110.36 		Subd. 13.On-site inspection fee. An on-site inspection
111.1 	fee must be paid to the individual, organization, or agency
111.2 	conducting the inspection and be limited to a maximum fee as
111.3 	determined by the board.  Travel, lodging, and other expenses
111.4 	are not part of the on-site inspection fee.
111.5 		Subd. 14.Affidavit of licensure. Each licensee or
111.6 	registrant shall submit with a request for an affidavit of
111.7 	licensure a fee in the amount of $10.
111.8 		Subd. 15.Verification of licensure. Each institution or
111.9 	corporation shall submit with a request for verification of a
111.10 	license or registration a fee in the amount of $5 for each
111.11 	license or registration to be verified.
111.12 	
EFFECTIVE DATE. Subdivisions 11 and 12 are effective
111.13 	........

111.14 	ARTICLE 5
111.15 	PHYSICIAN ASSISTANTS

111.16 	Section 1. Minnesota Statutes 2004, section 147A.18,
111.17 	subdivision 1, is amended to read:
111.18 		Subdivision 1.Delegation.  (a) A supervising physician
111.19 	may delegate to a physician assistant who is registered with the
111.20 	board, certified by the National Commission on Certification of
111.21 	Physician Assistants or successor agency approved by the board,
111.22 	and who is under the supervising physician's supervision, the
111.23 	authority to prescribe, dispense, and administer legend drugs,
111.24 	medical devices, and controlled substances subject to the
111.25 	requirements in this section.  The authority to dispense
111.26 	includes, but is not limited to, the authority to request,
111.27 	receive, and dispense sample drugs.  This authority to dispense
111.28 	extends only to those drugs described in the written agreement
111.29 	developed under paragraph (b).
111.30 	(b) The agreement between the physician assistant and
111.31 	supervising physician and any alternate supervising physicians
111.32 	must include a statement by the supervising physician regarding
111.33 	delegation or nondelegation of the functions of prescribing,
111.34 	dispensing, and administering of legend drugs and medical
111.35 	devices to the physician assistant.  The statement must include
111.36 	a protocol indicating categories of drugs for which the
112.1 	supervising physician delegates prescriptive and dispensing
112.2 	authority.  The delegation must be appropriate to the physician
112.3 	assistant's practice and within the scope of the physician
112.4 	assistant's training.  Physician assistants who have been
112.5 	delegated the authority to prescribe, dispense, and administer
112.6 	legend drugs and medical devices shall provide evidence of
112.7 	current certification by the National Commission on
112.8 	Certification of Physician Assistants or its successor agency
112.9 	when registering or reregistering as physician assistants.
112.10 	Physician assistants who have been delegated the authority to
112.11 	prescribe controlled substances must present evidence of the
112.12 	certification and hold a valid DEA certificate.  Supervising
112.13 	physicians shall retrospectively review the prescribing,
112.14 	dispensing, and administering of legend and controlled drugs and
112.15 	medical devices by physician assistants, when this authority has
112.16 	been delegated to the physician assistant as part of the
112.17 	delegation agreement between the physician and the physician
112.18 	assistant.  This review must take place at least weekly as
112.19 	outlined in the internal protocol.  The process and schedule for
112.20 	the review must be outlined in the delegation agreement.
112.21 	(c) The board may establish by rule:
112.22 	(1) a system of identifying physician assistants eligible
112.23 	to prescribe, administer, and dispense legend drugs and medical
112.24 	devices;
112.25 	(2) a system of identifying physician assistants eligible
112.26 	to prescribe, administer, and dispense controlled substances;
112.27 	(3) a method of determining the categories of legend and
112.28 	controlled drugs and medical devices that each physician
112.29 	assistant is allowed to prescribe, administer, and dispense; and
112.30 	(4) a system of transmitting to pharmacies a listing of
112.31 	physician assistants eligible to prescribe legend and controlled
112.32 	drugs and medical devices.

112.33 	Sec. 2. Minnesota Statutes 2004, section 147A.18,
112.34 	subdivision 3, is amended to read:
112.35 		Subd. 3.Other requirements and restrictions.  (a) The
112.36 	supervising physician and the physician assistant must complete,
113.1 	sign, and date an internal protocol which lists each category of
113.2 	drug or medical device, or controlled substance the physician
113.3 	assistant may prescribe, dispense, and administer.  The
113.4 	supervising physician and physician assistant shall submit the
113.5 	internal protocol to the board upon request.  The supervising
113.6 	physician may amend the internal protocol as necessary, within
113.7 	the limits of the completed delegation form in subdivision 5.
113.8 	The supervising physician and physician assistant must sign and
113.9 	date any amendments to the internal protocol.  Any amendments
113.10 	resulting in a change to an addition or deletion to categories
113.11 	delegated in the delegation form in subdivision 5 must be
113.12 	submitted to the board according to this chapter, along with the
113.13 	fee required.
113.14 	(b) The supervising physician and physician assistant shall
113.15 	review delegation of prescribing, dispensing, and administering
113.16 	authority on an annual basis at the time of reregistration.  The
113.17 	internal protocol must be signed and dated by the supervising
113.18 	physician and physician assistant after review.  Any amendments
113.19 	to the internal protocol resulting in changes to the delegation
113.20 	form in subdivision 5 must be submitted to the board according
113.21 	to this chapter, along with the fee required.
113.22 	(c) Each prescription initiated by a physician assistant
113.23 	shall indicate the following:
113.24 	(1) the date of issue;
113.25 	(2) the name and address of the patient;
113.26 	(3) the name and quantity of the drug prescribed;
113.27 	(4) directions for use; and
113.28 	(5) the name,and address, and telephone number of the
113.29 	prescribing physician assistant and of the physician serving as
113.30 	supervisor.
113.31 	(d) In prescribing, dispensing, and administering legend
113.32 	drugs and medical devices, including controlled substances as
113.33 	defined in section 152.01, subdivision 4, a physician assistant
113.34 	must conform with the agreement, chapter 151, and this chapter.

113.35 	ARTICLE 6
113.36 	RESPIRATORY THERAPISTS

114.1 	Section 1. Minnesota Statutes 2004, section 147C.05, is
114.2 	amended to read:
114.3 	147C.05 SCOPE OF PRACTICE.
114.4 	(a) The practice of respiratory care by a registered
114.5 	respiratory care practitioner includes, but is not limited to,
114.6 	the following services:
114.7 	(1) providing and monitoring therapeutic administration of
114.8 	medical gases, aerosols, humidification, and pharmacological
114.9 	agents related to respiratory care procedures, but not including
114.10 	administration of general anesthesia;
114.11 	(2) carrying out therapeutic application and monitoring of
114.12 	mechanical ventilatory support;
114.13 	(3) providing cardiopulmonary resuscitation and maintenance
114.14 	of natural airways and insertion and maintenance of artificial
114.15 	airways;
114.16 	(4) assessing and monitoring signs, symptoms, and general
114.17 	behavior relating to, and general physical response to,
114.18 	respiratory care treatment or evaluation for treatment and
114.19 	diagnostic testing, including determination of whether the
114.20 	signs, symptoms, reactions, behavior, or general response
114.21 	exhibit abnormal characteristics;
114.22 	(5) obtaining physiological specimens and interpreting
114.23 	physiological data including:
114.24 	(i) analyzing arterial and venous blood gases;
114.25 	(ii) assessing respiratory secretions;
114.26 	(iii) measuring ventilatory volumes, pressures, and flows;
114.27 	(iv) testing pulmonary function;
114.28 	(v) testing and studying the cardiopulmonary system; and
114.29 	(vi) diagnostic testing of breathing patterns related to
114.30 	sleep disorders;
114.31 	(6) assisting hemodynamic monitoring and support of the
114.32 	cardiopulmonary system;
114.33 	(7) assessing and making suggestions for modifications in
114.34 	the treatment regimen based on abnormalities, protocols, or
114.35 	changes in patient response to respiratory care treatment;
114.36 	(8) providing cardiopulmonary rehabilitation including
115.1 	respiratory-care related educational components, postural
115.2 	drainage, chest physiotherapy, breathing exercises, aerosolized
115.3 	administration of medications, and equipment use and
115.4 	maintenance;
115.5 	(9) instructing patients and their families in techniques
115.6 	for the prevention, alleviation, and rehabilitation of
115.7 	deficiencies, abnormalities, and diseases of the cardiopulmonary
115.8 	system; and
115.9 	(10) transcribing and implementing physician orders for
115.10 	respiratory care services.
115.11 	(b) Patient service by a practitioner must be limited to:
115.12 	(1) services within the training and experience of the
115.13 	practitioner; and
115.14 	(2) services within the parameters of the laws, rules, and
115.15 	standards of the facilities in which the respiratory care
115.16 	practitioner practices.
115.17 	(c) Respiratory care services provided by a registered
115.18 	respiratory care practitioner, whether delivered in a health
115.19 	care facility or the patient's residence, must not be provided
115.20 	except upon referral from a physician.
115.21 	(d) This section does not prohibit an individual licensed
115.22 	or registered as a respiratory therapist in another state or
115.23 	country from providing respiratory care in an emergency in this
115.24 	state, providing respiratory care as a member of an organ
115.25 	harvesting team, or from providing respiratory care on board an
115.26 	ambulance as part of an ambulance treatment team.

115.27 	ARTICLE 7
115.28 	LICENSED PROFESSIONAL COUNSELORS,
115.29 	ALCOHOL AND DRUG COUNSELORS

115.30 	Section 1. Minnesota Statutes 2004, section 148B.53,
115.31 	subdivision 1, is amended to read:
115.32 		Subdivision 1.General requirements.  (a) To be licensed
115.33 	as a licensed professional counselor (LPC), an applicant must
115.34 	provide evidence satisfactory to the board that the applicant:
115.35 	(1) is at least 18 years of age;
115.36 	(2) is of good moral character;
116.1 	(3) has completed a master's or doctoral degree program in
116.2 	counseling or a related field, as determined by the board based
116.3 	on the criteria in paragraph (b),that includes a minimum of 48
116.4 	semester hours or 72 quarter hours and a supervised field
116.5 	experience of not fewer than 700 hours that is counseling in
116.6 	nature;
116.7 	(4) has submitted to the board a plan for supervision
116.8 	during the first 2,000 hours of professional practice or has
116.9 	submitted proof of supervised professional practice that is
116.10 	acceptable to the board; and
116.11 	(5) has demonstrated competence in professional counseling
116.12 	by passing the National Counseling Exam (NCE) administered by
116.13 	the National Board for Certified Counselors, Inc. (NBCC)
116.14 	including obtaining a passing score on the examination accepted
116.15 	by the board based on the determinations made by the NBCC or an
116.16 	equivalent national examination as determined by the board,and
116.17 	ethical,oral,and situational examinations if prescribed by the
116.18 	board.
116.19 	(b) The degree described in paragraph (a), clause (3), must
116.20 	be from a counseling program recognized by the Council for
116.21 	Accreditation of Counseling and Related Education Programs
116.22 	(CACREP) or from an institution of higher education that is
116.23 	accredited by a regional accrediting organization recognized by
116.24 	the Council for Higher Education Accreditation (CHEA). Except
116.25 	as provided in paragraph (e),specific academic course content
116.26 	and training must meet standards established by the CACREP,
116.27 	including include course work in each of the following subject
116.28 	areas:
116.29 	(1) the helping relationship, including counseling theory
116.30 	and practice;
116.31 	(2) human growth and development;
116.32 	(3) lifestyle and career development;
116.33 	(4) group dynamics, processes, counseling, and consulting;
116.34 	(5) assessment and appraisal;
116.35 	(6) social and cultural foundations, including
116.36 	multicultural issues;
117.1 	(7) principles of etiology, treatment planning, and
117.2 	prevention of mental and emotional disorders and dysfunctional
117.3 	behavior;
117.4 	(8) family counseling and therapy;
117.5 	(9) research and evaluation; and
117.6 	(10) professional counseling orientation and ethics.
117.7 	(c) To be licensed as a professional counselor, a
117.8 	psychological practitioner licensed under section 148.908 need
117.9 	only show evidence of licensure under that section and is not
117.10 	required to comply with paragraph (a), clauses (1) to (3) and
117.11 	(5),or paragraph (b).
117.12 	(d) To be licensed as a professional counselor, a Minnesota
117.13 	licensed psychologist need only show evidence of licensure from
117.14 	the Minnesota Board of Psychology and is not required to comply
117.15 	with paragraph (a) or (b).
117.16 	(e) If the degree described in paragraph (a), clause (3),
117.17 	is from a counseling program recognized by the Council for
117.18 	Accreditation of Counseling and Related Education Programs
117.19 	(CACREP), the applicant is deemed to have met the specific
117.20 	course work requirements of paragraph (b).

117.21 	Sec. 2. Minnesota Statutes 2004, section 148B.53,
117.22 	subdivision 3, is amended to read:
117.23 		Subd. 3.Fee. Each applicant shall pay a 
117.24 	Nonrefundable fee fees are as follows:
117.25 	(1) initial license application fee for licensed
117.26 	professional counseling (LPC) - $250;
117.27 	(2) annual active license renewal fee for LPC - $200 or
117.28 	equivalent;
117.29 	(3) annual inactive license renewal fee for LPC - $100;
117.30 	(4) license renewal late fee - $100 per month or portion
117.31 	thereof;
117.32 	(5) copy of board order or stipulation - $10;
117.33 	(6) certificate of good standing or license verification -
117.34 	$10;
117.35 	(7) duplicate certificate fee - $10;
117.36 	(8) professional firm renewal fee - $25;
118.1 	(9) initial registration fee - $50; and
118.2 	(10) annual registration renewal fee - $25.

118.3 	Sec. 3. [148B.531] POSTDEGREE COMPLETION OF DEGREE
118.4 	REQUIREMENTS FOR LICENSURE.
118.5 	An individual whose degree upon which licensure is to be
118.6 	based included less than 48 semester hours or 72 quarter hours,
118.7 	who did not complete 700 hours of supervised professional
118.8 	practice as part of the degree program, or who did not complete
118.9 	course work in all of the content areas required by section
118.10 	148B.53, subdivision 1, paragraph (b), may complete these
118.11 	requirements postdegree, in order to obtain licensure, if:
118.12 	(1) all course work and field experiences are completed
118.13 	through an institution of higher education that is accredited by
118.14 	a regional accrediting organization recognized by the Council
118.15 	for Higher Education Accreditation (CHEA) or through a
118.16 	counseling program recognized by the Council for Accreditation
118.17 	of Counseling and Related Education Programs (CACREP);
118.18 	(2) all course work and field experiences are taken and
118.19 	passed for credit; and 
118.20 	(3) no more than 20 semester credits or 30 quarter credits
118.21 	are completed postdegree for purposes of licensure unless the
118.22 	credits are earned as part of an organized sequence of study.

118.23 	Sec. 4. Minnesota Statutes 2004, section 148B.54,
118.24 	subdivision 2, is amended to read:
118.25 		Subd. 2.Continuing education.  At the completion of the
118.26 	first two four years of licensure, a licensee must provide
118.27 	evidence satisfactory to the board of completion of 12
118.28 	additional postgraduate semester credit hours or its equivalent
118.29 	in counseling as determined by the board, except that no
118.30 	licensee shall be required to show evidence of greater than 60
118.31 	semester hours or its equivalent.  Thereafter, at the time of
118.32 	renewal, each licensee shall provide evidence satisfactory to
118.33 	the board that the licensee has completed during each two-year
118.34 	period at least the equivalent of 40 clock hours of professional
118.35 	postdegree continuing education in programs approved by the
118.36 	board and continues to be qualified to practice under sections
119.1 	148B.50 to 148B.593.

119.2 	Sec. 5. [148B.555] EXPERIENCED COUNSELOR TRANSITION.
119.3 	(a) An applicant for licensure who, prior to December 31,
119.4 	2003, completed a master's or doctoral degree program in
119.5 	counseling or a related field, as determined by the board, and
119.6 	whose degree was from a counseling program recognized by the
119.7 	Council for Accreditation of Counseling and Related Education
119.8 	Programs (CACREP) or from an institution of higher education
119.9 	that is accredited by a regional accrediting organization
119.10 	recognized by the Council for Higher Education Accreditation
119.11 	(CHEA), need not comply with the requirements of section
119.12 	148B.53, subdivision 1, paragraph (a), clause (3), or (b), so
119.13 	long as the applicant can document five years of full-time
119.14 	postdegree work experience within the practice of professional
119.15 	counseling as defined under section 148B.50, subdivisions 4 and
119.16 	5.
119.17 	(b) This section expires July 1, 2007.

119.18 	Sec. 6. [148B.561] RETALIATORY PROVISIONS.
119.19 	If by the laws of any state or the rulings or decisions of
119.20 	the appropriate officers or boards thereof, any burden,
119.21 	obligation, requirement, disqualification, or disability is put
119.22 	upon licensed professional counselors licensed and in good
119.23 	standing in this state, affecting the right of these licensed
119.24 	professional counselors to be registered or licensed in that
119.25 	state, then the same or like burden, obligation, requirement,
119.26 	disqualification, or disability may be put upon the licensure in
119.27 	this state of licensed professional counselors registered in
119.28 	that state.

119.29 	Sec. 7. Minnesota Statutes 2004, section 148B.59, is
119.30 	amended to read:
119.31 	148B.59 GROUNDS FOR DISCIPLINARY ACTION; FORMS OF
119.32 	DISCIPLINARY ACTION; RESTORATION OF LICENSE.
119.33 	(a) The board may impose disciplinary action as described
119.34 	in paragraph (b) against an applicant or licensee whom the
119.35 	board, by a preponderance of the evidence, determines:
119.36 	(1) has violated a statute, rule, or order that the board
120.1 	issued or is empowered to enforce;
120.2 	(2) has engaged in fraudulent, deceptive, or dishonest
120.3 	conduct, whether or not the conduct relates to the practice of
120.4 	licensed professional counseling, that adversely affects the
120.5 	person's ability or fitness to practice professional counseling;
120.6 	(3) has engaged in unprofessional conduct or any other
120.7 	conduct which has the potential for causing harm to the public,
120.8 	including any departure from or failure to conform to the
120.9 	minimum standards of acceptable and prevailing practice without
120.10 	actual injury having to be established;
120.11 	(4) has been convicted of or has pled guilty or nolo
120.12 	contendere to a felony or other crime, an element of which is
120.13 	dishonesty or fraud, or has been shown to have engaged in acts
120.14 	or practices tending to show that the applicant or licensee is
120.15 	incompetent or has engaged in conduct reflecting adversely on
120.16 	the applicant's or licensee's ability or fitness to engage in
120.17 	the practice of professional counseling;
120.18 	(5) has employed fraud or deception in obtaining or
120.19 	renewing a license, or in passing an examination;
120.20 	(6) has had any counseling license, certificate,
120.21 	registration, privilege to take an examination, or other similar
120.22 	authority denied, revoked, suspended, canceled, limited, or not
120.23 	renewed for cause in any jurisdiction or has surrendered or
120.24 	voluntarily terminated a license or certificate during a board
120.25 	investigation of a complaint, as part of a disciplinary order,
120.26 	or while under a disciplinary order;
120.27 	(7) has failed to meet any requirement for the issuance or
120.28 	renewal of the person's license.  The burden of proof is on the
120.29 	applicant or licensee to demonstrate the qualifications or
120.30 	satisfy the requirements for a license under the Licensed
120.31 	Professional Counseling Act;
120.32 	(8) has failed to cooperate with an investigation of the
120.33 	board;
120.34 	(9) has demonstrated an inability to practice professional
120.35 	counseling with reasonable skill and safety to clients due to
120.36 	any mental or physical illness or condition;
121.1 	(10) has engaged in fee splitting.  This clause does not
121.2 	apply to the distribution of revenues from a partnership, group
121.3 	practice, nonprofit corporation, or professional corporation to
121.4 	its partners, shareholders, members, or employees if the
121.5 	revenues consist only of fees for services performed by the
121.6 	licensee or under a licensee's administrative authority.  Fee
121.7 	splitting includes, but is not limited to:
121.8 	(i) dividing fees with another person or a professional
121.9 	corporation, unless the division is in proportion to the
121.10 	services provided and the responsibility assumed by each
121.11 	professional; and 
121.12 	(ii) referring a client to any health care provider as
121.13 	defined in section 144.335 in which the referring licensee has a
121.14 	significant financial interest, unless the licensee has
121.15 	disclosed in advance to the client the licensee's own financial
121.16 	interest; or and 
121.17 	(iii) paying, offering to pay, receiving, or agreeing to
121.18 	receive a commission, rebate, or remuneration, directly or
121.19 	indirectly, primarily for the referral of clients;
121.20 	(11) has engaged in conduct with a patient client that is
121.21 	sexual or may reasonably be interpreted by the patient client as
121.22 	sexual, or in any verbal behavior that is seductive or sexually
121.23 	demeaning to a patient client;
121.24 	(12) has been subject to a corrective action or similar
121.25 	action in another jurisdiction or by another regulatory
121.26 	authority; or 
121.27 	(13) has been adjudicated as mentally incompetent, mentally
121.28 	ill, or mentally retarded or as a chemically dependent person, a
121.29 	person dangerous to the public, a sexually dangerous person, or
121.30 	a person who has a sexual psychopathic personality by a court of
121.31 	competent jurisdiction within this state or an equivalent
121.32 	adjudication from another state.  Adjudication automatically
121.33 	suspends a license for the duration thereof unless the board
121.34 	orders otherwise.
121.35 	(b) If grounds for disciplinary action exist under
121.36 	paragraph (a), the board may take one or more of the following
122.1 	actions:
122.2 	(1) refuse to grant or renew a license;
122.3 	(2) revoke a license;
122.4 	(3) suspend a license;
122.5 	(4) impose limitations or conditions on a licensee's
122.6 	practice of professional counseling, including, but not limited
122.7 	to, limiting the scope of practice to designated competencies,
122.8 	imposing retraining or rehabilitation requirements, requiring
122.9 	the licensee to practice under supervision, or conditioning
122.10 	continued practice on the demonstration of knowledge or skill by
122.11 	appropriate examination or other review of skill and competence;
122.12 	(5) censure or reprimand the licensee;
122.13 	(6) refuse to permit an applicant to take the licensure
122.14 	examination or refuse to release an applicant's examination
122.15 	grade if the board finds that it is in the public interest; or
122.16 	(7) impose a civil penalty not exceeding $10,000 for each
122.17 	separate violation, the amount of the civil penalty to be fixed
122.18 	so as to deprive the applicant or licensee of any economic
122.19 	advantage gained by reason of the violation charged, to
122.20 	discourage similar violations or to reimburse the board for the
122.21 	cost of the investigation and proceeding, including, but not
122.22 	limited to, fees paid for services provided by the Office of
122.23 	Administrative Hearings, legal and investigative services
122.24 	provided by the Office of the Attorney General, court reporters,
122.25 	witnesses, reproduction of records, board members' per diem
122.26 	compensation, board staff time, and travel costs and expenses
122.27 	incurred by board staff and board members.
122.28 	(c) In lieu of or in addition to paragraph (b), the board
122.29 	may require, as a condition of continued licensure, termination
122.30 	of suspension, reinstatement of license, examination, or release
122.31 	of examination grades, that the applicant or licensee:
122.32 	(1) submit to a quality review, as specified by the board,
122.33 	of the applicant's or licensee's ability, skills, or quality of
122.34 	work; and
122.35 	(2) complete to the satisfaction of the board educational
122.36 	courses specified by the board.
123.1 	The board may also refer a licensee, if appropriate, to the
123.2 	health professionals services program described in sections
123.3 	214.31 to 214.37.
123.4 	(d) Service of the order is effective if the order is
123.5 	served on the applicant, licensee, or counsel of record
123.6 	personally or by mail to the most recent address provided to the
123.7 	board for the licensee, applicant, or counsel of record.  The
123.8 	order shall state the reasons for the entry of the order.

123.9 	Sec. 8. [148B.5901] TEMPORARY SUSPENSION OF LICENSE.
123.10 	(a) In addition to any other remedy provided by law, the
123.11 	board may issue an order to temporarily suspend the credentials
123.12 	of a licensee after conducting a preliminary inquiry to
123.13 	determine if the board reasonably believes that the licensee has
123.14 	violated a statute or rule that the board is empowered to
123.15 	enforce and whether continued practice by the licensee would
123.16 	create an imminent risk of harm to others.
123.17 	(b) The order may prohibit the licensee from engaging in
123.18 	the practice of licensed professional counseling in whole or in
123.19 	part and may condition the end of a suspension on the licensee's
123.20 	compliance with a statute, rule, or order that the board has
123.21 	issued or is empowered to enforce.
123.22 	(c) The order shall give notice of the right to a hearing
123.23 	according to this subdivision and shall state the reasons for
123.24 	the entry of the order.
123.25 	(d) Service of the order is effective when the order is
123.26 	served on the licensee personally or by certified mail, which is
123.27 	complete upon receipt, refusal, or return for nondelivery to the
123.28 	most recent address provided to the board for the licensee.
123.29 	(e) At the time the board issues a temporary suspension
123.30 	order, the board shall schedule a hearing to be held before its
123.31 	own members.  The hearing shall begin no later than 60 days
123.32 	after issuance of the temporary suspension order or within 15
123.33 	working days of the date of the board's receipt of a request for
123.34 	hearing by a licensee, on the sole issue of whether there is a
123.35 	reasonable basis to continue, modify, or lift the temporary
123.36 	suspension.  The hearing is not subject to chapter 14.  Evidence
124.1 	presented by the board or the licensee shall be in affidavit
124.2 	form only.  The licensee or counsel of record may appear for
124.3 	oral argument.
124.4 	(f) Within five working days of the hearing, the board
124.5 	shall issue its order and, if the suspension is continued,
124.6 	schedule a contested case hearing within 30 days of the issuance
124.7 	of the order.  Notwithstanding chapter 14, the administrative
124.8 	law judge shall issue a report within 30 days after closing the
124.9 	contested case hearing record.  The board shall issue a final
124.10 	order within 30 days of receipt of the administrative law
124.11 	judge's report.

124.12 	Sec. 9. [148B.5905] MENTAL, PHYSICAL, OR CHEMICAL
124.13 	DEPENDENCY EXAMINATION OR EVALUATION; ACCESS TO MEDICAL DATA.
124.14 	(a) If the board has probable cause to believe section
124.15 	148B.59, paragraph (a), clause (9), applies to a licensee or
124.16 	applicant, the board may direct the person to submit to a
124.17 	mental, physical, or chemical dependency examination or
124.18 	evaluation.  For the purpose of this section, every licensee and
124.19 	applicant is deemed to have consented to submit to a mental,
124.20 	physical, or chemical dependency examination or evaluation when
124.21 	directed in writing by the board and to have waived all
124.22 	objections to the admissibility of the examining professionals'
124.23 	testimony or examination reports on the grounds that the
124.24 	testimony or examination reports constitute a privileged
124.25 	communication.  Failure of a licensee or applicant to submit to
124.26 	an examination when directed by the board constitutes an
124.27 	admission of the allegations against the person, unless the
124.28 	failure was due to circumstances beyond the person's control, in
124.29 	which case a default and final order may be entered without the
124.30 	taking of testimony or presentation of evidence.  A licensee or
124.31 	applicant affected under this paragraph shall at reasonable
124.32 	intervals be given an opportunity to demonstrate that the person
124.33 	can resume the competent practice of licensed professional
124.34 	counseling with reasonable skill and safety to the public.  In
124.35 	any proceeding under this paragraph, neither the record of
124.36 	proceedings nor the orders entered by the board shall be used
125.1 	against a licensee or applicant in any other proceeding.
125.2 	(b) In addition to ordering a physical or mental
125.3 	examination, the board may, notwithstanding section 13.384,
125.4 	144.651, or any other law limiting access to medical or other
125.5 	health data, obtain medical data and health records relating to
125.6 	a licensee or applicant without the licensee's or applicant's
125.7 	consent if the board has probable cause to believe that section
125.8 	148B.59, paragraph (a), clause (9), applies to the licensee or
125.9 	applicant.  The medical data may be requested from a provider,
125.10 	as defined in section 144.335, subdivision 1, paragraph (b); an
125.11 	insurance company; or a government agency, including the
125.12 	Department of Human Services.  A provider, insurance company, or
125.13 	government agency shall comply with any written request of the
125.14 	board under this subdivision and is not liable in any action for
125.15 	damages for releasing the data requested by the board if the
125.16 	data are released pursuant to a written request under this
125.17 	subdivision, unless the information is false and the provider
125.18 	giving the information knew, or had reason to believe, the
125.19 	information was false.  Information obtained under this
125.20 	subdivision is classified as private under sections 13.01 to
125.21 	13.87.

125.22 	Sec. 10. [148B.5925] ASSESSMENT TOOL SECURITY.
125.23 	Notwithstanding section 144.335, subdivision 2, paragraphs
125.24 	(a) and (b), a provider shall not be required to provide copies
125.25 	of assessment tools, assessment tool materials, or scoring keys
125.26 	to any individual who has completed an assessment tool or to an
125.27 	individual not qualified to administer, score, and interpret the
125.28 	assessment tool, if the provider reasonably determines that
125.29 	access would compromise the objectivity, fairness, or integrity
125.30 	of the assessment process for the individual or others.  If the
125.31 	provider makes this determination, the provider shall, at the
125.32 	discretion of the individual who has completed the assessment
125.33 	tool, release the information either to another provider who is
125.34 	qualified to administer, score, and interpret the assessment
125.35 	tool or furnish a summary of the assessment tool results to the
125.36 	individual or to a third party designated by the individual.

126.1 	Sec. 11. Minnesota Statutes 2004, section 148C.03,
126.2 	subdivision 1, is amended to read:
126.3 		Subdivision 1.General.  The commissioner shall, after
126.4 	consultation with the advisory council or a committee
126.5 	established by rule:
126.6 	(a) adopt and enforce rules for licensure of alcohol and
126.7 	drug counselors, including establishing standards and methods of
126.8 	determining whether applicants and licensees are qualified under
126.9 	section 148C.04.  The rules must provide for examinations and
126.10 	establish standards for the regulation of professional conduct.
126.11 	The rules must be designed to protect the public;
126.12 	(b) develop and, at least twice a year, administer an
126.13 	examination to assess applicants' knowledge and skills.  The
126.14 	commissioner may contract for the administration of an
126.15 	examination with an entity designated by the commissioner.  The
126.16 	examinations must be psychometrically valid and reliable; must
126.17 	be written and oral, with the oral examination based on a
126.18 	written case presentation; must minimize cultural bias; and must
126.19 	be balanced in various theories relative to the practice of
126.20 	alcohol and drug counseling;
126.21 	(c) issue licenses to individuals qualified under sections
126.22 	148C.01 to 148C.11;
126.23 	(d) (c) issue copies of the rules for licensure to all
126.24 	applicants;
126.25 	(e) (d) adopt rules to establish and implement procedures,
126.26 	including a standard disciplinary process and rules of
126.27 	professional conduct;
126.28 	(f) (e) carry out disciplinary actions against licensees;
126.29 	(g) (f) establish, with the advice and recommendations of
126.30 	the advisory council,written internal operating procedures for
126.31 	receiving and investigating complaints and for taking
126.32 	disciplinary actions as appropriate;
126.33 	(h) (g) educate the public about the existence and content
126.34 	of the rules for alcohol and drug counselor licensing to enable
126.35 	consumers to file complaints against licensees who may have
126.36 	violated the rules;
127.1 	(i) (h) evaluate the rules in order to refine and improve
127.2 	the methods used to enforce the commissioner's standards; and
127.3 	(j) (i) collect license fees for alcohol and drug
127.4 	counselors.

127.5 	Sec. 12. Minnesota Statutes 2004, section 148C.04,
127.6 	subdivision 3, is amended to read:
127.7 		Subd. 3.Requirements for licensure before july 1, 2008.
 127.8 	An applicant for a license must furnish evidence satisfactory to
127.9 	the commissioner that the applicant has met all the requirements
127.10 	in clauses (1) to (3).  The applicant must have:
127.11 	(1) received an associate degree, or an equivalent number
127.12 	of credit hours, and a certificate in alcohol and drug
127.13 	counseling, including 18 semester credits or 270 clock hours of
127.14 	academic course work in accordance with subdivision 5a,
127.15 	paragraph (a), from an accredited school or educational program
127.16 	and 880 clock hours of supervised alcohol and drug counseling
127.17 	practicum;
127.18 	(2) completed one of the following:
127.19 	(i) a written case presentation and satisfactorily passed
127.20 	an oral examination established by the commissioner that
127.21 	demonstrates competence in the core functions as determined by
127.22 	the board; or 
127.23 	(ii) satisfactorily completed 2,000 hours of supervised
127.24 	postdegree equivalent professional practice according to
127.25 	subdivision 5b; and
127.26 	(3) satisfactorily passed a written examination as
127.27 	established by the commissioner examinations for licensure as
127.28 	determined by the board.

127.29 	Sec. 13. Minnesota Statutes 2004, section 148C.04,
127.30 	subdivision 4, is amended to read:
127.31 		Subd. 4.Requirements for licensure after july 1, 2008.
 127.32 	An applicant for a license must submit evidence to the
127.33 	commissioner that the applicant has met one of the following
127.34 	requirements:
127.35 	(1) the applicant must have:
127.36 	(i) received a bachelor's degree from an accredited school
128.1 	or educational program, including 18 semester credits or 270
128.2 	clock hours of academic course work in accordance with
128.3 	subdivision 5a, paragraph (a), from an accredited school or
128.4 	educational program and 880 clock hours of supervised alcohol
128.5 	and drug counseling practicum;
128.6 	(ii) completed a written case presentation and
128.7 	satisfactorily passed an oral examination established by the
128.8 	commissioner that demonstrates competence in the core functions
128.9 	as determined by the board, submitted to the board a plan for
128.10 	supervision during the first 2,000 hours of professional
128.11 	practice, or submitted proof of supervised professional practice
128.12 	that is acceptable to the board; and
128.13 	(iii) satisfactorily passed a written examination as
128.14 	established by the commissioner examinations for licensure
128.15 	determined by the board; or
128.16 	(2) the applicant must meet the requirements of section
128.17 	148C.07.

128.18 	Sec. 14. Minnesota Statutes 2004, section 148C.04, is
128.19 	amended by adding a subdivision to read:
128.20 		Subd. 5b.Supervised postdegree professional practice.
 128.21 	(a) For the purpose of meeting the requirements of this
128.22 	subdivision, "supervision" means documented interactive
128.23 	consultation, which, subject to the limitations in paragraph
128.24 	(d), clause (2), may be conducted in person, by telephone, or by
128.25 	audio or audiovisual electronic device, with a supervisor as
128.26 	defined in paragraph (c).  The supervision shall be adequate to
128.27 	ensure the quality and competence of the activities supervised.
128.28 	Supervisory consultation shall include discussions on the nature
128.29 	and content of the practice of the supervisee, including, but
128.30 	not limited to, a review of a representative sample of
128.31 	counseling services in the supervisee's practice.
128.32 	(b) "Postdegree professional practice" means required
128.33 	postdegree paid or volunteer work experience and training that
128.34 	involves the professional oversight by a supervisor approved by
128.35 	the board and that satisfies the supervision requirements in
128.36 	paragraph (d).
129.1 	(c) For purposes of this subdivision, the supervisor shall:
129.2 	(1) be a licensed alcohol and drug counselor or other
129.3 	qualified professional as determined by the board;
129.4 	(2) have four years of experience in providing alcohol and
129.5 	drug counseling; and 
129.6 	(3) have received a minimum of 12 hours of training in
129.7 	clinical and ethical supervision, which may include graduate
129.8 	course work, continuing education courses, workshops, or a
129.9 	combination thereof.
129.10 	(d) (1) The content of supervision must include:
129.11 	(i) knowledge, skills, values, and ethics with specific
129.12 	application to the practice issues faced by the supervisee,
129.13 	including the core functions under section 148C.01, subdivision
129.14 	9;
129.15 	(ii) the standards of practice and ethical conduct, with
129.16 	particular emphasis given to the counselor's role and
129.17 	appropriate responsibilities, professional boundaries, and power
129.18 	dynamics; and 
129.19 	(iii) the supervisee's permissible scope of practice, as
129.20 	defined in section 148C.01, subdivision 10.
129.21 	(2) The supervision shall be obtained at the rate of one
129.22 	hour of supervision per 40 hours of professional practice, for a
129.23 	total of 50 hours of supervision.  The supervision must be
129.24 	evenly distributed over the course of the supervised
129.25 	professional practice.  At least 75 percent of the required
129.26 	supervision hours must be received in person.  The remaining 25
129.27 	percent of the required hours may be received by telephone, or
129.28 	by audio or audiovisual electronic device.  At least 50 percent
129.29 	of the required hours of supervision must be received on an
129.30 	individual basis.  The remaining 50 percent may be received in a
129.31 	group setting.
129.32 	(3) The supervision shall be completed in no fewer than 12
129.33 	consecutive months and no more than 36 consecutive months.
129.34 	(4) The applicant shall include, with an application for
129.35 	licensure, verification of completion of the 2,000 hours of
129.36 	supervised professional practice.  Verification shall be on a
130.1 	form specified by the board.  The supervisor or supervisors
130.2 	shall verify that the supervisee has completed the required
130.3 	hours of supervision in accordance with this subdivision.  The
130.4 	supervised practice required under this subdivision shall be
130.5 	unacceptable if the supervisor attests that the supervisee's
130.6 	performance, competence, or adherence to the standards of
130.7 	practice and ethical conduct has been unsatisfactory.

130.8 	Sec. 15. Minnesota Statutes 2004, section 148C.04,
130.9 	subdivision 6, is amended to read:
130.10 		Subd. 6.Temporary permit requirements.  (a) The
130.11 	commissioner shall issue a temporary permit to practice alcohol
130.12 	and drug counseling prior to being licensed under this chapter
130.13 	if the person:
130.14 	(1) either:
130.15 	(i) submits verification of a current and unrestricted
130.16 	credential for the practice of alcohol and drug counseling from
130.17 	a national certification body or a certification or licensing
130.18 	body from another state, United States territory, or federally
130.19 	recognized tribal authority;
130.20 	(ii) submits verification of the completion of at least 64
130.21 	semester credits, including 270 clock hours or 18 semester
130.22 	credits of formal classroom education in alcohol and drug
130.23 	counseling and at least 880 clock hours of alcohol and drug
130.24 	counseling practicum from an accredited school or educational
130.25 	program;
130.26 	(iii) applies to renew a lapsed license according to the
130.27 	requirements of section 148C.055, subdivision 3, clauses (1) and
130.28 	(2), or section 148C.055, subdivision 4, clauses (1) and (2); or
130.29 	(iv) meets the requirements of section 148C.11, subdivision
130.30 	1, paragraph (c), or 6, clauses (1), (2), and (5);
130.31 	(2) applies, in writing, on an application form provided by
130.32 	the commissioner, which includes the nonrefundable temporary
130.33 	permit fee as specified in section 148C.12 and an affirmation by
130.34 	the person's supervisor, as defined in paragraph (c), clause
130.35 	(1), which is signed and dated by the person and the person's
130.36 	supervisor; and
131.1 	(3) has not been disqualified to practice temporarily on
131.2 	the basis of a background investigation under section 148C.09,
131.3 	subdivision 1a.
131.4 	(b) The commissioner must notify the person in writing
131.5 	within 90 days from the date the completed application and all
131.6 	required information is received by the commissioner whether the
131.7 	person is qualified to practice under this subdivision.
131.8 	(c) A person practicing under this subdivision:
131.9 	(1) may practice under tribal jurisdiction or under the
131.10 	direct supervision of a person who is licensed under this
131.11 	chapter;
131.12 	(2) is subject to the Rules of Professional Conduct set by
131.13 	rule; and
131.14 	(3) is not subject to the continuing education requirements
131.15 	of section 148C.075.
131.16 	(d) A person practicing under this subdivision must use the
131.17 	title or description stating or implying that the person is a
131.18 	trainee engaged in the practice of alcohol and drug counseling.
131.19 	(e) A person practicing under this subdivision must
131.20 	annually submit a renewal application on forms provided by the
131.21 	commissioner with the renewal fee required in section 148C.12,
131.22 	subdivision 3, and the commissioner may renew the temporary
131.23 	permit if the trainee meets the requirements of this
131.24 	subdivision.  A trainee may renew a practice permit no more than
131.25 	five times.
131.26 	(f) A temporary permit expires if not renewed, upon a
131.27 	change of employment of the trainee or upon a change in
131.28 	supervision, or upon the granting or denial by the commissioner
131.29 	of a license.

131.30 	Sec. 16. Minnesota Statutes 2004, section 148C.091,
131.31 	subdivision 1, is amended to read:
131.32 		Subdivision 1.Forms of disciplinary action.  When the
131.33 	commissioner finds that an applicant or a licensed alcohol and
131.34 	drug counselor has violated a provision or provisions of
131.35 	sections 148C.01 to 148C.11, or rules promulgated under this
131.36 	chapter, the commissioner may take one or more of the following
132.1 	actions:
132.2 	(1) refuse to grant a license;
132.3 	(2) revoke the license;
132.4 	(3) suspend the license;
132.5 	(4) impose limitations or conditions;
132.6 	(5) impose a civil penalty not exceeding $10,000 for each
132.7 	separate violation, the amount of the civil penalty to be fixed
132.8 	so as to deprive the counselor of any economic advantage gained
132.9 	by reason of the violation charged or to reimburse the
132.10 	commissioner for all costs of the investigation and proceeding;
132.11 	including, but not limited to, the amount paid by the
132.12 	commissioner for services from the Office of Administrative
132.13 	Hearings, attorney fees, court reports, witnesses, reproduction
132.14 	of records, advisory council members' per diem compensation,
132.15 	staff time, and expense incurred by advisory council members and 
132.16 	staff of the department;
132.17 	(6) order the counselor to provide uncompensated
132.18 	professional service under supervision at a designated public
132.19 	hospital, clinic, or other health care institution;
132.20 	(7) censure or reprimand the counselor; or
132.21 	(8) any other action justified by the case.

132.22 	Sec. 17. Minnesota Statutes 2004, section 148C.10,
132.23 	subdivision 2, is amended to read:
132.24 		Subd. 2.Use of titles.  No person shall present
132.25 	themselves or any other individual to the public by any title
132.26 	incorporating the words "licensed alcohol and drug counselor" or
132.27 	otherwise hold themselves out to the public by any title or
132.28 	description stating or implying that they are licensed or
132.29 	otherwise qualified to practice alcohol and drug counseling
132.30 	unless that individual holds a valid license.  Persons issued a
132.31 	temporary permit must use titles consistent with section
132.32 	148C.04, subdivision 6, paragraph (c) (d).

132.33 	Sec. 18. Minnesota Statutes 2004, section 148C.11,
132.34 	subdivision 1, is amended to read:
132.35 		Subdivision 1.Other professionals.  (a) Nothing in this
132.36 	chapter prevents members of other professions or occupations
133.1 	from performing functions for which they are qualified or
133.2 	licensed.  This exception includes, but is not limited to,:
133.3 	licensed physicians,;registered nurses,;licensed practical
133.4 	nurses,;licensed psychological practitioners,;members of the
133.5 	clergy,;American Indian medicine men and women,;licensed
133.6 	attorneys,;probation officers,;licensed marriage and family
133.7 	therapists,;licensed social workers,; social workers employed
133.8 	by city, county, or state agencies;licensed professional
133.9 	counselors,;licensed school counselors,;registered
133.10 	occupational therapists or occupational therapy assistants,;
133.11 	city, county, or state employees when providing assessments or
133.12 	case management under Minnesota Rules, chapter 9530;and until
133.13 	July 1, 2005, individuals providing integrated dual-diagnosis
133.14 	treatment in adult mental health rehabilitative programs
133.15 	certified by the Department of Human Services under section
133.16 	256B.0622 or 256B.0623.
133.17 	(b) Nothing in this chapter prohibits technicians and
133.18 	resident managers in programs licensed by the Department of
133.19 	Human Services from discharging their duties as provided in
133.20 	Minnesota Rules, chapter 9530.
133.21 	(c) Any person who is exempt under this section subdivision 
133.22 	but who elects to obtain a license under this chapter is subject
133.23 	to this chapter to the same extent as other licensees. The
133.24 	commissioner shall issue a license without examination to an
133.25 	applicant who is licensed or registered in a profession
133.26 	identified in paragraph (a) if the applicant:
133.27 	(1) shows evidence of current licensure or registration;
133.28 	and 
133.29 	(2) has submitted to the commissioner a plan for
133.30 	supervision during the first 2,000 hours of professional
133.31 	practice or has submitted proof of supervised professional
133.32 	practice that is acceptable to the commissioner.
133.33 	(d) These persons Any person who is exempt from licensure
133.34 	under this section must not, however,use a title incorporating
133.35 	the words "alcohol and drug counselor" or "licensed alcohol and
133.36 	drug counselor" or otherwise hold themselves out to the public
134.1 	by any title or description stating or implying that they are
134.2 	engaged in the practice of alcohol and drug counseling, or that
134.3 	they are licensed to engage in the practice of alcohol and drug
134.4 	counseling unless that person is also licensed as an alcohol and
134.5 	drug counselor.  Persons engaged in the practice of alcohol and
134.6 	drug counseling are not exempt from the commissioner's
134.7 	jurisdiction solely by the use of one of the above titles.

134.8 	Sec. 19. Minnesota Statutes 2004, section 148C.11,
134.9 	subdivision 4, is amended to read:
134.10 		Subd. 4.Hospital alcohol and drug counselors.  Effective
134.11 	January 1, 2006 2007, hospitals employing alcohol and drug
134.12 	counselors shall be required to employ licensed alcohol and drug
134.13 	counselors.  An alcohol or drug counselor employed by a hospital
134.14 	must be licensed as an alcohol and drug counselor in accordance
134.15 	with this chapter.

134.16 	Sec. 20. Minnesota Statutes 2004, section 148C.11,
134.17 	subdivision 5, is amended to read:
134.18 		Subd. 5.City, county, and state agency alcohol and drug
134.19 	counselors.  Effective January 1, 2006 2007, city, county, and
134.20 	state agencies employing alcohol and drug counselors shall be
134.21 	required to employ licensed alcohol and drug counselors.  An
134.22 	alcohol and drug counselor employed by a city, county, or state
134.23 	agency must be licensed as an alcohol and drug counselor in
134.24 	accordance with this chapter.

134.25 	Sec. 21. Minnesota Statutes 2004, section 148C.11,
134.26 	subdivision 6, is amended to read:
134.27 		Subd. 6.Transition period for hospital and city, county,
134.28 	and state agency alcohol and drug counselors.  For the period
134.29 	between July 1, 2003, and January 1, 2006 2007, the commissioner
134.30 	shall grant a license to an individual who is employed as an
134.31 	alcohol and drug counselor at a Minnesota school district or
134.32 	hospital, or a city, county, or state agency in Minnesota, if
134.33 	the individual meets the requirements in section 148C.0351 and:
134.34 	(1) was employed as an alcohol and drug counselor at a
134.35 	school district, a hospital, or a city, county, or state agency
134.36 	before August 1, 2002; (2) has 8,000 hours of alcohol and drug
135.1 	counselor work experience; (3) has completed a written case
135.2 	presentation and satisfactorily passed an oral examination
135.3 	established by the commissioner; (4) and has satisfactorily
135.4 	passed a written examination as established by the commissioner;
135.5 	and (5) meets the requirements in section 148C.0351or 
135.6 	(2) is credentialed as a board certified counselor (BCC) or
135.7 	board certified counselor reciprocal (BCCR) by the Minnesota
135.8 	Certification Board; or 
135.9 	(3) has 14,000 hours of supervised alcohol and drug
135.10 	counselor work experience as documented by the employer.

135.11 	Sec. 22. Minnesota Statutes 2004, section 148C.12,
135.12 	subdivision 3, is amended to read:
135.13 		Subd. 3.Temporary permit fee.  The initial fee for
135.14 	applicants under section 148C.04, subdivision 6, paragraph (a),
135.15 	is $100.  The fee for annual renewal of a temporary permit
135.16 	is $100 $150, but when the first expiration date occurs in less
135.17 	or more than one year, the fee must be prorated.

135.18 	Sec. 23. AUTHORIZATION FOR EXPEDITED RULEMAKING
135.19 	AUTHORITY.
 135.20 	The Board of Behavioral Health and Therapy may use the
135.21 	expedited rulemaking process under Minnesota Statutes, section
135.22 	14.389, for adopting and amending rules to conform with sections
135.23 	1 to 14.

135.24 	Sec. 24. REPEALER.
 135.25 	(a) Minnesota Statutes 2004, sections 148C.02 and 148C.12,
135.26 	subdivision 4, are repealed.
135.27 	(b) Minnesota Rules, parts 4747.0030, subparts 11 and 16;
135.28 	4747.1200; and 4747.1300, are repealed.

135.29 	Sec. 25. EFFECTIVE DATE.
 135.30 	Sections 1 to 24 are effective July 1, 2005.

135.31 	ARTICLE 8
135.32 	AUDIOLOGISTS, HEARING AID DISPENSERS

135.33 	Section 1. Minnesota Statutes 2004, section 148.512,
135.34 	subdivision 6, is amended to read:
135.35 		Subd. 6.Audiologist.  "Audiologist" means a natural
135.36 	person who engages in the practice of audiology, meets the
136.1 	qualifications required by sections 148.511 to 148.5196 
136.2 	148.5198, and is licensed by the commissioner under a general,
136.3 	clinical fellowship, doctoral externship, or temporary license.
136.4 	Audiologist also means a natural person using any descriptive
136.5 	word with the title audiologist.

136.6 	Sec. 2. Minnesota Statutes 2004, section 148.512, is
136.7 	amended by adding a subdivision to read:
136.8 		Subd. 10a.Hearing aid. "Hearing aid" means an
136.9 	instrument, or any of its parts, worn in the ear canal and
136.10 	designed to or represented as being able to aid or enhance human
136.11 	hearing.  "Hearing aid" includes the aid's parts, attachments,
136.12 	or accessories, including, but not limited to, ear molds and
136.13 	behind the ear (BTE) devices with or without an ear mold.
136.14 	Batteries and cords are not parts, attachments, or accessories
136.15 	of a hearing aid.  Surgically implanted hearing aids, and
136.16 	assistive listening devices not worn within the ear canal, are
136.17 	not hearing aids.

136.18 	Sec. 3. Minnesota Statutes 2004, section 148.512, is
136.19 	amended by adding a subdivision to read:
136.20 		Subd. 10b.Hearing aid dispensing. "Hearing aid
136.21 	dispensing" means making ear mold impressions, prescribing, or
136.22 	recommending a hearing aid, assisting the consumer in aid
136.23 	selection, selling hearing aids at retail, or testing human
136.24 	hearing in connection with these activities regardless of
136.25 	whether the person conducting these activities has a monetary
136.26 	interest in the dispensing of hearing aids to the consumer.

136.27 	Sec. 4. Minnesota Statutes 2004, section 148.513, is
136.28 	amended by adding a subdivision to read:
136.29 		Subd. 2a.Hearing aid dispensers. An audiologist must
136.30 	not hold out as a licensed hearing aid dispenser.

136.31 	Sec. 5. Minnesota Statutes 2004, section 148.515, is
136.32 	amended by adding a subdivision to read:
136.33 		Subd. 6.Dispensing audiologist examination
136.34 	requirements. (a) Audiologists are exempt from the written
136.35 	examination requirement in section 153A.14, subdivision 2h,
136.36 	paragraph (a), clause (1).
137.1 	(b) After July 31, 2005, all applicants for audiologist
137.2 	licensure under sections 148.512 to 148.5198 must achieve a
137.3 	passing score on the practical tests of proficiency described in
137.4 	section 153A.14, subdivision 2h, paragraph (a), clause (2),
137.5 	within the time period described in section 153A.14, subdivision
137.6 	2h, paragraph (c).
137.7 	(c) In order to dispense hearing aids as a sole proprietor,
137.8 	member of a partnership, or for a limited liability company,
137.9 	corporation, or any other entity organized for profit, a
137.10 	licensee who obtained audiologist licensure under sections
137.11 	148.512 to 148.5198, before August 1, 2005, and who is not
137.12 	certified to dispense hearing aids under chapter 153A, must
137.13 	achieve a passing score on the practical tests of proficiency
137.14 	described in section 153A.14, subdivision 2h, paragraph (a),
137.15 	clause (2), within the time period described in section 153A.14,
137.16 	subdivision 2h, paragraph (c).  All other audiologist licensees
137.17 	who obtained licensure before August 1, 2005, are exempt from
137.18 	the practical tests.

137.19 	Sec. 6. Minnesota Statutes 2004, section 148.5194, is
137.20 	amended by adding a subdivision to read:
137.21 		Subd. 7.Audiologist surcharge fee. (a) The biennial
137.22 	surcharge fee for audiologists is $235.  The commissioner shall
137.23 	prorate the fee for clinical fellowship, doctoral externship,
137.24 	temporary, and first time licensees according to the number of
137.25 	months that have elapsed between the date the license is issued
137.26 	and the date the license expires or must be renewed under
137.27 	section 148.5191, subdivision 4.
137.28 	(b) Effective November 1, 2005, the commissioner shall
137.29 	collect the $235 audiologist surcharge fee prorated according to
137.30 	the number of months remaining until the next scheduled license
137.31 	renewal.

137.32 	Sec. 7. Minnesota Statutes 2004, section 148.5195,
137.33 	subdivision 3, is amended to read:
137.34 		Subd. 3.Grounds for disciplinary action by
137.35 	commissioner.  The commissioner may take any of the disciplinary
137.36 	actions listed in subdivision 4 on proof that the individual has:
138.1 	(1) intentionally submitted false or misleading information
138.2 	to the commissioner or the advisory council;
138.3 	(2) failed, within 30 days, to provide information in
138.4 	response to a written request, via certified mail, by the
138.5 	commissioner or advisory council;
138.6 	(3) performed services of a speech-language pathologist or
138.7 	audiologist in an incompetent or negligent manner;
138.8 	(4) violated sections 148.511 to 148.5196 148.5198;
138.9 	(5) failed to perform services with reasonable judgment,
138.10 	skill, or safety due to the use of alcohol or drugs, or other
138.11 	physical or mental impairment;
138.12 	(6) violated any state or federal law, rule, or regulation,
138.13 	and the violation is a felony or misdemeanor, an essential
138.14 	element of which is dishonesty, or which relates directly or
138.15 	indirectly to the practice of speech-language pathology or
138.16 	audiology.  Conviction for violating any state or federal law
138.17 	which relates to speech-language pathology or audiology is
138.18 	necessarily considered to constitute a violation, except as
138.19 	provided in chapter 364;
138.20 	(7) aided or abetted another person in violating any
138.21 	provision of sections 148.511 to 148.5196 148.5198;
138.22 	(8) been or is being disciplined by another jurisdiction,
138.23 	if any of the grounds for the discipline is the same or
138.24 	substantially equivalent to those under sections 148.511 to
138.25 	148.5196;
138.26 	(9) not cooperated with the commissioner or advisory
138.27 	council in an investigation conducted according to subdivision
138.28 	1;
138.29 	(10) advertised in a manner that is false or misleading;
138.30 	(11) engaged in conduct likely to deceive, defraud, or harm
138.31 	the public; or demonstrated a willful or careless disregard for
138.32 	the health, welfare, or safety of a client;
138.33 	(12) failed to disclose to the consumer any fee splitting
138.34 	or any promise to pay a portion of a fee to any other
138.35 	professional other than a fee for services rendered by the other
138.36 	professional to the client;
139.1 	(13) engaged in abusive or fraudulent billing practices,
139.2 	including violations of federal Medicare and Medicaid laws, Food
139.3 	and Drug Administration regulations, or state medical assistance
139.4 	laws;
139.5 	(14) obtained money, property, or services from a consumer
139.6 	through the use of undue influence, high pressure sales tactics,
139.7 	harassment, duress, deception, or fraud;
139.8 	(15) performed services for a client who had no possibility
139.9 	of benefiting from the services;
139.10 	(16) failed to refer a client for medical evaluation or to
139.11 	other health care professionals when appropriate or when a
139.12 	client indicated symptoms associated with diseases that could be
139.13 	medically or surgically treated;
139.14 	(17) if the individual is a dispenser of hearing
139.15 	instruments as defined by section 153A.13, subdivision 5,had
139.16 	the certification required by chapter 153A,denied, suspended,
139.17 	or revoked according to chapter 153A;
139.18 	(18) used the term doctor of audiology, doctor of
139.19 	speech-language pathology, AuD, or SLPD without having obtained
139.20 	the degree from an institution accredited by the North Central
139.21 	Association of Colleges and Secondary Schools, the Council on
139.22 	Academic Accreditation in Audiology and Speech-Language
139.23 	Pathology, the United States Department of Education, or an
139.24 	equivalent; or 
139.25 	(19) failed to comply with the requirements of section
139.26 	148.5192 regarding supervision of speech-language pathology
139.27 	assistants.; or 
139.28 	(20) if the individual is an audiologist or certified
139.29 	hearing aid dispenser:
139.30 	(i) prescribed or otherwise recommended to a consumer or
139.31 	potential consumer the use of a hearing aid, unless the
139.32 	prescription from a physician or recommendation from an
139.33 	audiologist or certified dispenser is in writing, is based on an
139.34 	audiogram that is delivered to the consumer or potential
139.35 	consumer when the prescription or recommendation is made, and
139.36 	bears the following information in all capital letters of
140.1 	12-point or larger boldface type:  "THIS PRESCRIPTION OR
140.2 	RECOMMENDATION MAY BE FILLED BY, AND HEARING AIDS MAY BE
140.3 	PURCHASED FROM, THE LICENSED AUDIOLOGIST OR CERTIFIED DISPENSER
140.4 	OF YOUR CHOICE";
140.5 	(ii) failed to give a copy of the audiogram, upon which the
140.6 	prescription or recommendation is based, to the consumer when
140.7 	the consumer requests a copy;
140.8 	(iii) failed to provide the consumer rights brochure
140.9 	required by section 148.5197, subdivision 3;
140.10 	(iv) failed to comply with restrictions on sales of hearing
140.11 	aids in sections 148.5197, subdivision 3, and 148.5198;
140.12 	(v) failed to return a consumer's hearing aid used as a
140.13 	trade-in or for a discount in the price of a new hearing aid
140.14 	when requested by the consumer upon cancellation of the purchase
140.15 	agreement;
140.16 	(vi) failed to follow Food and Drug Administration or
140.17 	Federal Trade Commission regulations relating to dispensing
140.18 	hearing aids;
140.19 	(vii) failed to dispense a hearing aid in a competent
140.20 	manner or without appropriate training;
140.21 	(viii) delegated hearing instrument dispensing authority to
140.22 	a person not authorized to dispense a hearing instrument under
140.23 	this chapter or chapter 153A;
140.24 	(ix) failed to comply with the requirements of an employer
140.25 	or supervisor of a hearing aid dispenser trainee; or 
140.26 	(x) violated a state or federal court order or judgment,
140.27 	including a conciliation court judgment, relating to the
140.28 	activities of the individual's hearing aid dispensing.

140.29 	Sec. 8. Minnesota Statutes 2004, section 148.5196,
140.30 	subdivision 1, is amended to read:
140.31 		Subdivision 1.Membership.  The commissioner shall
140.32 	appoint eight 12 persons to a Speech-Language Pathologist and
140.33 	Audiologist Advisory Council.  The eight 12 persons must include:
140.34 	(1) two three public members, as defined in section 214.02.
140.35 	Two of the public members shall be either persons receiving
140.36 	services of a speech-language pathologist or audiologist, or
141.1 	family members of or caregivers to such persons, and at least
141.2 	one of the public members shall be either a hearing instrument
141.3 	user or an advocate of one;
141.4 	(2) two three speech-language pathologists licensed under
141.5 	sections 148.511 to 148.5196, one of whom is currently and has
141.6 	been, for the five years immediately preceding the appointment,
141.7 	engaged in the practice of speech-language pathology in
141.8 	Minnesota and each of whom is employed in a different employment
141.9 	setting including, but not limited to, private practice,
141.10 	hospitals, rehabilitation settings, educational settings, and
141.11 	government agencies;
141.12 	(3) one speech-language pathologist licensed under sections
141.13 	148.511 to 148.5196, who is currently and has been, for the five
141.14 	years immediately preceding the appointment, employed by a
141.15 	Minnesota public school district or a Minnesota public school
141.16 	district consortium that is authorized by Minnesota Statutes and
141.17 	who is licensed in speech-language pathology by the Minnesota
141.18 	Board of Teaching;
141.19 	(4) two three audiologists licensed under sections 148.511
141.20 	to 148.5196, one two of whom is are currently and has have 
141.21 	been, for the five years immediately preceding the appointment,
141.22 	engaged in the practice of audiology and the dispensing of
141.23 	hearing instruments in Minnesota and each of whom is employed in
141.24 	a different employment setting including, but not limited to,
141.25 	private practice, hospitals, rehabilitation settings,
141.26 	educational settings, industry, and government agencies; and 
141.27 	(5) one nonaudiologist hearing instrument dispenser
141.28 	recommended by a professional association representing hearing
141.29 	instrument dispensers; and 
141.30 	(6) one physician licensed under chapter 147 and certified
141.31 	by the American Board of Otolaryngology, Head and Neck Surgery.

141.32 	Sec. 9. [148.5197] HEARING AID DISPENSING.
141.33 		Subdivision 1.Content of contracts. Oral statements
141.34 	made by an audiologist or certified dispenser regarding the
141.35 	provision of warranties, refunds, and service on the hearing aid
141.36 	or aids dispensed must be written on, and become part of, the
142.1 	contract of sale, specify the item or items covered, and
142.2 	indicate the person or business entity obligated to provide the
142.3 	warranty, refund, or service.
142.4 		Subd. 2.Required use of license number. The
142.5 	audiologist's license number or certified dispenser's
142.6 	certificate number must appear on all contracts, bills of sale,
142.7 	and receipts used in the sale of hearing aids.
142.8 		Subd. 3.Consumer rights information. An audiologist or
142.9 	certified dispenser shall, at the time of the recommendation or
142.10 	prescription, give a consumer rights brochure, prepared by the
142.11 	commissioner and containing information about legal requirements
142.12 	pertaining to dispensing of hearing aids, to each potential
142.13 	consumer of a hearing aid.  The brochure must contain
142.14 	information about the consumer information center described in
142.15 	section 153A.18.  A contract for a hearing aid must note the
142.16 	receipt of the brochure by the consumer, along with the
142.17 	consumer's signature or initials.
142.18 		Subd. 4.Liability for contracts. Owners of entities in
142.19 	the business of dispensing hearing aids, employers of
142.20 	audiologists or persons who dispense hearing aids, supervisors
142.21 	of trainees or audiology students, and hearing aid dispensers
142.22 	conducting the transaction at issue are liable for satisfying
142.23 	all terms of contracts, written or oral, made by their agents,
142.24 	employees, assignees, affiliates, or trainees, including terms
142.25 	relating to products, repairs, warranties, service, and
142.26 	refunds.  The commissioner may enforce the terms of hearing aid
142.27 	contracts against the principal, employer, supervisor, or
142.28 	dispenser who conducted the transaction and may impose any
142.29 	remedy provided for in this chapter.

142.30 	Sec. 10. [148.5198] RESTRICTION ON SALE OF HEARING AIDS.
142.31 		Subdivision 1.45-calendar-day guarantee and buyer right
142.32 	to cancel. (a) An audiologist or certified dispenser dispensing
142.33 	a hearing aid in this state must comply with paragraphs (b) and
142.34 	(c).
142.35 	(b) The audiologist or certified dispenser must provide the
142.36 	buyer with a 45-calendar-day written money-back guarantee.  The
143.1 	guarantee must permit the buyer to cancel the purchase for any
143.2 	reason within 45 calendar days after receiving the hearing aid
143.3 	by giving or mailing written notice of cancellation to the
143.4 	audiologist or certified dispenser.  If the buyer mails the
143.5 	notice of cancellation, the 45-calendar-day period is counted
143.6 	using the postmark date, to the date of receipt by the
143.7 	audiologist or certified dispenser.  If the hearing aid must be
143.8 	repaired, remade, or adjusted during the 45-calendar-day
143.9 	money-back guarantee period, the running of the 45-calendar-day
143.10 	period is suspended one day for each 24-hour period that the
143.11 	hearing aid is not in the buyer's possession.  A repaired,
143.12 	remade, or adjusted hearing aid must be claimed by the buyer
143.13 	within three business days after notification of availability,
143.14 	after which time the running of the 45-calendar-day period
143.15 	resumes.  The guarantee must entitle the buyer, upon
143.16 	cancellation, to receive a refund of payment within 30 days of
143.17 	return of the hearing aid to the audiologist or certified
143.18 	dispenser.  The audiologist or certified dispenser may retain as
143.19 	a cancellation fee no more than $250 of the buyer's total
143.20 	purchase price of the hearing aid.
143.21 	(c) The audiologist or certified dispenser shall provide
143.22 	the buyer with a contract written in plain English, that
143.23 	contains uniform language and provisions that meet the
143.24 	requirements under the Plain Language Contract Act, sections
143.25 	325G.29 to 325G.36.  The contract must include, but is not
143.26 	limited to, the following:  in immediate proximity to the space
143.27 	reserved for the signature of the buyer, or on the first page if
143.28 	there is no space reserved for the signature of the buyer, a
143.29 	clear and conspicuous disclosure of the following specific
143.30 	statement in all capital letters of no less than 12-point
143.31 	boldface type:  "MINNESOTA STATE LAW GIVES THE BUYER THE RIGHT
143.32 	TO CANCEL THIS PURCHASE FOR ANY REASON AT ANY TIME PRIOR TO
143.33 	MIDNIGHT OF THE 45TH CALENDAR DAY AFTER RECEIPT OF THE HEARING
143.34 	AID(S).  THIS CANCELLATION MUST BE IN WRITING AND MUST BE GIVEN
143.35 	OR MAILED TO THE AUDIOLOGIST OR CERTIFIED DISPENSER.  IF THE
143.36 	BUYER DECIDES TO RETURN THE HEARING AID(S) WITHIN THIS
144.1 	45-CALENDAR-DAY PERIOD, THE BUYER WILL RECEIVE A REFUND OF THE
144.2 	TOTAL PURCHASE PRICE OF THE AID(S) FROM WHICH THE AUDIOLOGIST OR
144.3 	CERTIFIED DISPENSER MAY RETAIN AS A CANCELLATION FEE NO MORE
144.4 	THAN $250." 
144.5 		Subd. 2.Itemized repair bill. Any audiologist,
144.6 	certified dispenser, or company who agrees to repair a hearing
144.7 	aid must provide the owner of the hearing aid, or the owner's
144.8 	representative, with a bill that describes the repair and
144.9 	services rendered.  The bill must also include the repairing
144.10 	audiologist's, certified dispenser's, or company's name,
144.11 	address, and telephone number.
144.12 	This subdivision does not apply to an audiologist,
144.13 	certified dispenser, or company that repairs a hearing aid
144.14 	pursuant to an express warranty covering the entire hearing aid
144.15 	and the warranty covers the entire cost, both parts and labor,
144.16 	of the repair.
144.17 		Subd. 3.Repair warranty. Any guarantee of hearing aid
144.18 	repairs must be in writing and delivered to the owner of the
144.19 	hearing aid, or the owner's representative, stating the
144.20 	repairing audiologist's, certified dispenser's, or company's
144.21 	name, address, telephone number, length of guarantee, model, and
144.22 	serial number of the hearing aid and all other terms and
144.23 	conditions of the guarantee.
144.24 		Subd. 4.Misdemeanor. A person found to have violated
144.25 	this section is guilty of a misdemeanor.
144.26 		Subd. 5.Additional. In addition to the penalty provided
144.27 	in subdivision 4, a person found to have violated this section
144.28 	is subject to the penalties and remedies provided in section
144.29 	325F.69, subdivision 1.
144.30 		Subd. 6.Estimates. Upon the request of the owner of a
144.31 	hearing aid or the owner's representative for a written estimate
144.32 	and prior to the commencement of repairs, a repairing
144.33 	audiologist, certified dispenser, or company shall provide the
144.34 	customer with a written estimate of the price of repairs.  If a
144.35 	repairing audiologist, certified dispenser, or company provides
144.36 	a written estimate of the price of repairs, it must not charge
145.1 	more than the total price stated in the estimate for the
145.2 	repairs.  If the repairing audiologist, certified dispenser, or
145.3 	company after commencing repairs determines that additional work
145.4 	is necessary to accomplish repairs that are the subject of a
145.5 	written estimate and if the repairing audiologist, certified
145.6 	dispenser, or company did not unreasonably fail to disclose the
145.7 	possible need for the additional work when the estimate was
145.8 	made, the repairing audiologist, certified dispenser, or company
145.9 	may charge more than the estimate for the repairs if the
145.10 	repairing audiologist, certified dispenser, or company
145.11 	immediately provides the owner or owner's representative a
145.12 	revised written estimate pursuant to this section and receives
145.13 	authorization to continue with the repairs.  If continuation of
145.14 	the repairs is not authorized, the repairing audiologist,
145.15 	certified dispenser, or company shall return the hearing aid as
145.16 	close as possible to its former condition and shall release the
145.17 	hearing aid to the owner or owner's representative upon payment
145.18 	of charges for repairs actually performed and not in excess of
145.19 	the original estimate.

145.20 	Sec. 11. Minnesota Statutes 2004, section 153A.13,
145.21 	subdivision 5, is amended to read:
145.22 		Subd. 5.Dispenser of hearing instruments.  "Dispenser of
145.23 	hearing instruments" means a natural person who engages in
145.24 	hearing instrument dispensing whether or not certified by the
145.25 	commissioner of health or licensed by an existing health-related
145.26 	board, except that a person described as follows is not a
145.27 	dispenser of hearing instruments:
145.28 	(1) a student participating in supervised field work that
145.29 	is necessary to meet requirements of an accredited educational
145.30 	program if the student is designated by a title which clearly
145.31 	indicates the student's status as a student trainee; or
145.32 	(2) a person who helps a dispenser of hearing instruments
145.33 	in an administrative or clerical manner and does not engage in
145.34 	hearing instrument dispensing.
145.35 	A person who offers to dispense a hearing instrument, or a
145.36 	person who advertises, holds out to the public, or otherwise
146.1 	represents that the person is authorized to dispense hearing
146.2 	instruments must be certified by the commissioner except when
146.3 	the person is an audiologist as defined in section 148.512.

146.4 	Sec. 12. Minnesota Statutes 2004, section 153A.14,
146.5 	subdivision 2h, is amended to read:
146.6 		Subd. 2h.Certification by examination.  An applicant
146.7 	must achieve a passing score, as determined by the commissioner,
146.8 	on an examination according to paragraphs (a) to (c).
146.9 	(a) The examination must include, but is not limited to:
146.10 	(1) A written examination approved by the commissioner
146.11 	covering the following areas as they pertain to hearing
146.12 	instrument selling:
146.13 	(i) basic physics of sound;
146.14 	(ii) the anatomy and physiology of the ear;
146.15 	(iii) the function of hearing instruments; and 
146.16 	(iv) the principles of hearing instrument selection; and 
146.17 	(v) state and federal laws, rules, and regulations.
146.18 	(2) Practical tests of proficiency in the following
146.19 	techniques as they pertain to hearing instrument selling:
146.20 	(i) pure tone audiometry, including air conduction testing
146.21 	and bone conduction testing;
146.22 	(ii) live voice or recorded voice speech audiometry
146.23 	including speech recognition (discrimination) testing, most
146.24 	comfortable loudness level, and uncomfortable loudness
146.25 	measurements of tolerance thresholds;
146.26 	(iii) masking when indicated;
146.27 	(iv) recording and evaluation of audiograms and speech
146.28 	audiometry to determine proper selection and fitting of a
146.29 	hearing instrument;
146.30 	(v) taking ear mold impressions; and 
146.31 	(vi) using an otoscope for the visual observation of the
146.32 	entire ear canal; and 
146.33 	(vii) state and federal laws, rules, and regulations.
146.34 	(b) The examination shall be administered by the
146.35 	commissioner at least twice a year.
146.36 	(c) An applicant must achieve a passing score on all
147.1 	portions of the examination within a two-year period.  An
147.2 	applicant who does not achieve a passing score on all portions
147.3 	of the examination within a two-year period must retake the
147.4 	entire examination and achieve a passing score on each portion
147.5 	of the examination.  An applicant who does not apply for
147.6 	certification within one year of successful completion of the
147.7 	examination must retake the examination and achieve a passing
147.8 	score on each portion of the examination.  An applicant may not
147.9 	take any part of the examination more than three times in a
147.10 	two-year period.

147.11 	Sec. 13. Minnesota Statutes 2004, section 153A.14,
147.12 	subdivision 2i, is amended to read:
147.13 		Subd. 2i.Continuing education requirement.  On forms
147.14 	provided by the commissioner, each certified dispenser must
147.15 	submit with the application for renewal of certification
147.16 	evidence of completion of ten course hours of continuing
147.17 	education earned within the 12-month period of July 1 to June 30
147.18 	immediately preceding renewal.  Continuing education courses
147.19 	must be directly related to hearing instrument dispensing and
147.20 	approved by the International Hearing Society or qualify for
147.21 	continuing education approved for Minnesota licensed
147.22 	audiologists.  Evidence of completion of the ten course hours of
147.23 	continuing education must be submitted with renewal applications
147.24 	by October 1 of each year.  This requirement does not apply to
147.25 	dispensers certified for less than one year.  The first report
147.26 	of evidence of completion of the continuing education credits
147.27 	shall be due October 1, 1997.

147.28 	Sec. 14. Minnesota Statutes 2004, section 153A.14,
147.29 	subdivision 4, is amended to read:
147.30 		Subd. 4.Dispensing of hearing instruments without
147.31 	certificate.  Except as provided in subdivisions 4a and 4c, and
147.32 	in sections 148.512 to 148.5198,it is unlawful for any person
147.33 	not holding a valid certificate to dispense a hearing instrument
147.34 	as defined in section 153A.13, subdivision 3.  A person who
147.35 	dispenses a hearing instrument without the certificate required
147.36 	by this section is guilty of a gross misdemeanor.

148.1 	Sec. 15. Minnesota Statutes 2004, section 153A.14,
148.2 	subdivision 4c, is amended to read:
148.3 		Subd. 4c.Reciprocity.  (a) A person applying for
148.4 	certification as a hearing instrument dispenser under
148.5 	subdivision 1 who has dispensed hearing instruments in another
148.6 	jurisdiction may dispense hearing instruments as a trainee under
148.7 	indirect supervision if the person:
148.8 	(1) satisfies the provisions of subdivision 4a, paragraph
148.9 	(a);
148.10 	(2) submits a signed and dated affidavit stating that the
148.11 	applicant is not the subject of a disciplinary action or past
148.12 	disciplinary action in this or another jurisdiction and is not
148.13 	disqualified on the basis of section 153A.15, subdivision 1; and
148.14 	(3) provides a copy of a current credential as a hearing
148.15 	instrument dispenser, an audiologist, or both,held in the
148.16 	District of Columbia or a state or territory of the United
148.17 	States.
148.18 	(b) A person becoming a trainee under this subdivision who
148.19 	fails to take and pass the practical examination described in
148.20 	subdivision 2h, paragraph (a), clause (2), when next offered
148.21 	must cease dispensing hearing instruments unless under direct
148.22 	supervision.

148.23 	Sec. 16. Minnesota Statutes 2004, section 153A.14,
148.24 	subdivision 9, is amended to read:
148.25 		Subd. 9.Consumer rights information.  A hearing
148.26 	instrument dispenser shall, at the time of the recommendation or
148.27 	prescription, give a consumer rights brochure, prepared by the
148.28 	commissioner and containing information about legal requirements
148.29 	pertaining to sales of hearing instruments, to each potential
148.30 	buyer of a hearing instrument.  A sales contract for a hearing
148.31 	instrument must note the receipt of the brochure by the buyer,
148.32 	along with the buyer's signature or initials comply with the
148.33 	requirements of sections 148.5195, subdivision 3, clause (20);
148.34 	148.5197; and 148.5198.

148.35 	Sec. 17. Minnesota Statutes 2004, section 153A.15,
148.36 	subdivision 1, is amended to read:
149.1 		Subdivision 1.Prohibited acts.  The commissioner may
149.2 	take enforcement action as provided under subdivision 2 against
149.3 	a dispenser of hearing instruments for the following acts and
149.4 	conduct:
149.5 	(1) prescribing or otherwise recommending to a consumer or
149.6 	potential consumer the use of a hearing instrument, unless the
149.7 	prescription from a physician or recommendation from a hearing
149.8 	instrument dispenser or audiologist is in writing, is based on
149.9 	an audiogram that is delivered to the consumer or potential
149.10 	consumer when the prescription or recommendation is made, and
149.11 	bears the following information in all capital letters of
149.12 	12-point or larger boldface type:  "THIS PRESCRIPTION OR
149.13 	RECOMMENDATION MAY BE FILLED BY, AND HEARING INSTRUMENTS MAY BE
149.14 	PURCHASED FROM, THE CERTIFIED DISPENSER OF YOUR CHOICE";
149.15 	(2) failing to give a copy of the audiogram, upon which the
149.16 	prescription or recommendation is based, to the consumer when
149.17 	there has been a charge for the audiogram and the consumer
149.18 	requests a copy;
149.19 	(3) dispensing a hearing instrument to a minor person 18
149.20 	years or younger unless evaluated by an audiologist for hearing
149.21 	evaluation and hearing aid evaluation;
149.22 	(4) failing to provide the consumer rights brochure
149.23 	required by section 153A.14, subdivision 9;
149.24 	(5) (2) being disciplined through a revocation, suspension,
149.25 	restriction, or limitation by another state for conduct subject
149.26 	to action under this chapter;
149.27 	(6) (3) presenting advertising that is false or misleading;
149.28 	(7) (4) providing the commissioner with false or misleading
149.29 	statements of credentials, training, or experience;
149.30 	(8) (5) engaging in conduct likely to deceive, defraud, or
149.31 	harm the public; or demonstrating a willful or careless
149.32 	disregard for the health, welfare, or safety of a consumer;
149.33 	(9) (6) splitting fees or promising to pay a portion of a
149.34 	fee to any other professional other than a fee for services
149.35 	rendered by the other professional to the client;
149.36 	(10) (7) engaging in abusive or fraudulent billing
150.1 	practices, including violations of federal Medicare and Medicaid
150.2 	laws, Food and Drug Administration regulations, or state medical
150.3 	assistance laws;
150.4 	(11) (8) obtaining money, property, or services from a
150.5 	consumer through the use of undue influence, high pressure sales
150.6 	tactics, harassment, duress, deception, or fraud;
150.7 	(12) failing to comply with restrictions on sales of
150.8 	hearing aids in sections 153A.14, subdivision 9, and 153A.19;
150.9 	(13) (9) performing the services of a certified hearing
150.10 	instrument dispenser in an incompetent or negligent manner;
150.11 	(14) (10) failing to comply with the requirements of this
150.12 	chapter as an employer, supervisor, or trainee;
150.13 	(15) (11) failing to provide information in a timely manner
150.14 	in response to a request by the commissioner, commissioner's
150.15 	designee, or the advisory council;
150.16 	(16) (12) being convicted within the past five years of
150.17 	violating any laws of the United States, or any state or
150.18 	territory of the United States, and the violation is a felony,
150.19 	gross misdemeanor, or misdemeanor, an essential element of which
150.20 	relates to hearing instrument dispensing, except as provided in
150.21 	chapter 364;
150.22 	(17) (13) failing to cooperate with the commissioner, the
150.23 	commissioner's designee, or the advisory council in any
150.24 	investigation;
150.25 	(18) (14) failing to perform hearing instrument dispensing
150.26 	with reasonable judgment, skill, or safety due to the use of
150.27 	alcohol or drugs, or other physical or mental impairment;
150.28 	(19) (15) failing to fully disclose actions taken against
150.29 	the applicant or the applicant's legal authorization to dispense
150.30 	hearing instruments in this or another state;
150.31 	(20) (16) violating a state or federal court order or
150.32 	judgment, including a conciliation court judgment, relating to
150.33 	the activities of the applicant in hearing instrument
150.34 	dispensing;
150.35 	(21) (17) having been or being disciplined by the
150.36 	commissioner of the Department of Health, or other authority, in
151.1 	this or another jurisdiction, if any of the grounds for the
151.2 	discipline are the same or substantially equivalent to those in
151.3 	sections 153A.13 to 153A.19;
151.4 	(22) (18) misrepresenting the purpose of hearing tests, or
151.5 	in any way communicating that the hearing test or hearing test
151.6 	protocol required by section 153A.14, subdivision 4b, is a
151.7 	medical evaluation, a diagnostic hearing evaluation conducted by
151.8 	an audiologist, or is other than a test to select a hearing
151.9 	instrument, except that the hearing instrument dispenser can
151.10 	determine the need for or recommend the consumer obtain a
151.11 	medical evaluation consistent with requirements of the United
151.12 	States Food and Drug Administration;
151.13 	(23) (19) violating any of the provisions of sections
151.14 	148.5195, subdivision 3, clause (20); 148.5197; 148.5198; and 
151.15 	153A.13 to 153A.19 153A.18; and
151.16 	(24) (20) aiding or abetting another person in violating
151.17 	any of the provisions of sections 148.5195, subdivision 3,
151.18 	clause (20); 148.5197; 148.5198; and 153A.13 to 153A.19 153A.18.

151.19 	Sec. 18. Minnesota Statutes 2004, section 153A.20,
151.20 	subdivision 1, is amended to read:
151.21 		Subdivision 1.Membership.  The commissioner shall
151.22 	appoint nine seven persons to a Hearing Instrument Dispenser
151.23 	Advisory Council.
151.24 	(a) The nine seven persons must include:
151.25 	(1) three public members, as defined in section 214.02.  At
151.26 	least one of the public members shall be a hearing instrument
151.27 	user and one of the public members shall be either a hearing
151.28 	instrument user or an advocate of one; and
151.29 	(2) three hearing instrument dispensers certified under
151.30 	sections 153A.14 to 153A.20, each of whom is currently, and has
151.31 	been for the five years immediately preceding their appointment,
151.32 	engaged in hearing instrument dispensing in Minnesota and who
151.33 	represent the occupation of hearing instrument dispensing and
151.34 	who are not audiologists; and
151.35 	(3) three audiologists who are certified hearing instrument
151.36 	dispensers or are one audiologist licensed as audiologists an
152.1 	audiologist under chapter 148 who dispenses hearing instruments,
152.2 	recommended by a professional association representing
152.3 	audiologists and speech-language pathologists.
152.4 	(b) The factors the commissioner may consider when
152.5 	appointing advisory council members include, but are not limited
152.6 	to, professional affiliation, geographical location, and type of
152.7 	practice.
152.8 	(c) No two members of the advisory council shall be
152.9 	employees of, or have binding contracts requiring sales
152.10 	exclusively for, the same hearing instrument manufacturer or the
152.11 	same employer.

152.12 	Sec. 19. REVISOR'S INSTRUCTION.
 152.13 	The revisor of statutes shall change references from
152.14 	"sections 148.511 to 148.5196" to "sections 148.511 to 148.5198"
152.15 	wherever they appear in Minnesota Statutes and Minnesota Rules,
152.16 	and change "153A.19" to "148.5197" in Minnesota Statutes,
152.17 	section 325G.203.

152.18 	Sec. 20. REPEALER.
 152.19 	Minnesota Statutes 2004, sections 153A.14, subdivisions 2a,
152.20 	8, and 10; and 153A.19, are repealed.

152.21 	Sec. 21. EFFECTIVE DATE.
 152.22 	Sections 1 to 18 and 20 are effective August 1, 2005.

152.23 	ARTICLE 9
152.24 	PENALTY FEES

152.25 	Section 1. Minnesota Statutes 2004, section 148.5194, is
152.26 	amended by adding a subdivision to read:
152.27 		Subd. 8.Penalty fees. (a) The penalty fee for
152.28 	practicing speech-language pathology or audiology without a
152.29 	current license after the credential has expired and before it
152.30 	is renewed is the amount of the license renewal fee for any part
152.31 	of the first month, plus the license renewal fee for any part of
152.32 	any subsequent month up to 36 months.
152.33 	(b) The penalty fee for applicants who engage in the
152.34 	unauthorized practice of speech-language pathology or audiology
152.35 	before being issued a license is the amount of the license
152.36 	application fee for any part of the first month, plus the
153.1 	license application fee for any part of any subsequent month up
153.2 	to 36 months.  This paragraph does not apply to applicants not
153.3 	qualifying for a license who engage in the unauthorized practice
153.4 	of speech-language pathology or audiology.
153.5 	(c) The penalty fee for failing to submit a continuing
153.6 	education report by the due date with the correct number or type
153.7 	of hours in the correct time period is $100 plus $20 for each
153.8 	missing clock hour.  The licensee must obtain the missing number
153.9 	of continuing education hours by the next reporting due date.
153.10 	(d) Civil penalties and discipline incurred by licensees
153.11 	prior to August 1, 2005, for conduct described in paragraph (a),
153.12 	(b), or (c) shall be recorded as nondisciplinary penalty fees.
153.13 	For conduct described in paragraph (a) or (b) occurring after
153.14 	August 1, 2005, and exceeding six months, payment of a penalty
153.15 	fee does not preclude any disciplinary action reasonably
153.16 	justified by the individual case.

153.17 	Sec. 2. Minnesota Statutes 2004, section 148.6445, is
153.18 	amended by adding a subdivision to read:
153.19 		Subd. 11.Penalty fees. (a) The penalty fee for
153.20 	practicing occupational therapy without a current license after
153.21 	the credential has expired and before it is renewed is the
153.22 	amount of the license renewal fee for any part of the first
153.23 	month, plus the license renewal fee for any part of any
153.24 	subsequent month up to 36 months.
153.25 	(b) The penalty fee for applicants who engage in the
153.26 	unauthorized practice of occupational therapy before being
153.27 	issued a license is the amount of the license application fee
153.28 	for any part of the first month, plus the license application
153.29 	fee for any part of any subsequent month up to 36 months.  This
153.30 	paragraph does not apply to applicants not qualifying for a
153.31 	license who engage in the unauthorized practice of occupational
153.32 	therapy.
153.33 	(c) The penalty fee for failing to submit a continuing
153.34 	education report by the due date with the correct number or type
153.35 	of hours in the correct time period is $100 plus $20 for each
153.36 	missing clock hour.  The licensee must obtain the missing number
154.1 	of continuing education hours by the next reporting due date.
154.2 	(d) Civil penalties and discipline incurred by licensees
154.3 	prior to August 1, 2005, for conduct described in paragraph (a),
154.4 	(b), or (c) shall be recorded as nondisciplinary penalty fees.
154.5 	For conduct described in paragraph (a) or (b) occurring after
154.6 	August 1, 2005, and exceeding six months, payment of a penalty
154.7 	fee does not preclude any disciplinary action reasonably
154.8 	justified by the individual case.

154.9 	Sec. 3. Minnesota Statutes 2004, section 148C.12, is
154.10 	amended by adding a subdivision to read:
154.11 		Subd. 11.Penalty fees. (a) The penalty fee for
154.12 	practicing alcohol and drug counseling without a current license
154.13 	after the credential has expired and before it is renewed is the
154.14 	amount of the license renewal fee for any part of the first
154.15 	month, plus the license renewal fee for any part of any
154.16 	subsequent month up to 36 months.
154.17 	(b) The penalty fee for applicants who engage in the
154.18 	unauthorized practice of alcohol and drug counseling before
154.19 	being issued a license is the amount of the license application
154.20 	fee for any part of the first month, plus the license
154.21 	application fee for any part of any subsequent month up to 36
154.22 	months.  This paragraph does not apply to applicants not
154.23 	qualifying for a license who engage in the unauthorized practice
154.24 	of alcohol and drug counseling.
154.25 	(c) The penalty fee for failing to submit a continuing
154.26 	education report by the due date with the correct number or type
154.27 	of hours in the correct time period is $100 plus $20 for each
154.28 	missing clock hour.  The licensee must obtain the correct number
154.29 	of continuing education hours by the next reporting due date.
154.30 	(d) Civil penalties and discipline incurred by licensees
154.31 	prior to August 1, 2005, for conduct described in paragraph (a),
154.32 	(b), or (c) shall be recorded as nondisciplinary penalty fees.
154.33 	For conduct described in paragraph (a) or (b) occurring after
154.34 	August 1, 2005, and exceeding 12 months, payment of a penalty
154.35 	fee does not preclude any disciplinary action reasonably
154.36 	justified by the individual case.

155.1 	Sec. 4. [153A.175] PENALTY FEES.
155.2 	(a) The penalty fee for holding oneself out as a hearing
155.3 	instrument dispenser without a current certificate after the
155.4 	credential has expired and before it is renewed is one-half the
155.5 	amount of the certificate renewal fee for any part of the first
155.6 	day, plus one-half the certificate renewal fee for any part of
155.7 	any subsequent days up to 30 days.
155.8 	(b) The penalty fee for applicants who hold themselves out
155.9 	as hearing instrument dispensers after expiration of the trainee
155.10 	period and before being issued a certificate is one-half the
155.11 	amount of the certificate application fee for any part of the
155.12 	first day, plus one-half the certificate application fee for any
155.13 	part of any subsequent days up to 30 days.  This paragraph does
155.14 	not apply to applicants not qualifying for a certificate who
155.15 	hold themselves out as hearing instrument dispensers.
155.16 	(c) The penalty fee for failing to submit a continuing
155.17 	education report by the due date with the correct number or type
155.18 	of hours in the correct time period is $200 plus $200 for each
155.19 	missing clock hour.  The certificate holder must obtain the
155.20 	missing number of continuing education hours by the next
155.21 	reporting due date.
155.22 	(d) Civil penalties and discipline incurred by certificate
155.23 	holders prior to August 1, 2005, for conduct described in
155.24 	paragraph (a), (b), or (c) shall be recorded as nondisciplinary
155.25 	penalty fees.  Payment of a penalty fee does not preclude any
155.26 	disciplinary action reasonably justified by the individual case.

155.27 	ARTICLE 10
155.28 	FEE REDUCTIONS

155.29 	Section 1. TEMPORARY FEE REDUCTION.
 155.30 	Beginning January 1, 2006, for fiscal year 2006, and for
155.31 	fiscal years 2007, 2008, and 2009, the following fee changes for
155.32 	fees specified in Minnesota Statutes, section 148D.175, are
155.33 	effective:
155.34 	(1) in subdivision 1, the application fee for a licensed
155.35 	independent social worker is reduced to $45;
155.36 	(2) in subdivision 1, the application fee for a licensed
156.1 	independent clinical social worker is reduced to $45;
156.2 	(3) in subdivision 1, the application fee for a licensure
156.3 	by endorsement is reduced to $85;
156.4 	(4) in subdivision 2, the license fee for a licensed social
156.5 	worker is reduced to $90;
156.6 	(5) in subdivision 2, the license fee for a licensed
156.7 	graduate social worker is reduced to $160;
156.8 	(6) in subdivision 2, the license fee for a licensed
156.9 	independent social worker is reduced to $240;
156.10 	(7) in subdivision 2, the license fee for a licensed
156.11 	independent clinical social worker is reduced to $265;
156.12 	(8) in subdivision 3, the renewal fee for a licensed social
156.13 	worker is reduced to $90;
156.14 	(9) in subdivision 3, the renewal fee for a licensed
156.15 	graduate social worker is reduced to $160;
156.16 	(10) in subdivision 3, the renewal fee for a licensed
156.17 	independent social worker is reduced to $240;
156.18 	(11) in subdivision 3, the renewal fee for a licensed
156.19 	independent clinical social worker is reduced to $265; and 
156.20 	(12) in subdivision 5, the renewal late fee is reduced to
156.21 	one-third of the renewal fee specified in subdivision 3.
156.22 	These fee reductions expire on June 30, 2009.

156.23 	Sec. 2. FEE REDUCTION.
 156.24 	The Board of Dietetic and Nutrition Practice may lower its
156.25 	fees by an amount not to exceed $36,000 in each of fiscal years
156.26 	2006, 2007, 2008, and 2009.

156.27 	Sec. 3. FEE REDUCTION.
 156.28 	The Board of Nursing may lower its fees by an amount not to
156.29 	exceed $467,000 in fiscal year 2006 and $442,000 in each of
156.30 	fiscal years 2007, 2008, and 2009.