1.1                          A bill for an act 
  1.2             relating to health; recodifying statutes and rules 
  1.3             relating to social work; authorizing rulemaking; 
  1.4             providing penalties; modifying provisions relating to 
  1.5             physical therapists; providing penalties; modifying 
  1.6             the Psychology Practice Act; phasing out licensure as 
  1.7             a licensed psychological practitioner; modifying 
  1.8             dental licensure provisions; establishing fees; 
  1.9             modifying provisions for licensed professional 
  1.10            counselors; authorizing certain rulemaking; modifying 
  1.11            physician review; modifying information contained on 
  1.12            prescriptions; providing recognition for the practice 
  1.13            of respiratory therapy in emergency situations; 
  1.14            providing that audiologists need not obtain hearing 
  1.15            instrument dispenser certification; providing 
  1.16            penalties; transferring oversight authority for the 
  1.17            Office of Mental Health Practice; requiring a report; 
  1.18            establishing penalty fees for certain credentialed 
  1.19            health occupations; providing criminal penalties; 
  1.20            appropriating money; amending Minnesota Statutes 2004, 
  1.21            sections 13.383, subdivision 10; 13.411, subdivision 
  1.22            5; 144.335, subdivision 1; 144A.46, subdivision 2; 
  1.23            147.09; 147A.18, subdivisions 1, 3; 147C.05; 148.512, 
  1.24            subdivision 6, by adding subdivisions; 148.515, by 
  1.25            adding a subdivision; 148.5194, by adding 
  1.26            subdivisions; 148.5195, subdivision 3; 148.6445, by 
  1.27            adding a subdivision; 148.65, by adding subdivisions; 
  1.28            148.706; 148.75; 148.89, subdivision 5; 148.90, 
  1.29            subdivision 1; 148.907, by adding a subdivision; 
  1.30            148.908, subdivision 2, by adding a subdivision; 
  1.31            148.909; 148.916, subdivision 2; 148.925, subdivision 
  1.32            6; 148.941, subdivision 2; 148.96, subdivision 3; 
  1.33            148B.53, subdivisions 1, 3; 148B.54, subdivision 2; 
  1.34            148B.59; 148B.60; 148B.61; 148C.03, subdivision 1; 
  1.35            148C.04, subdivisions 3, 4, 6; 148C.091, subdivision 
  1.36            1; 148C.10, subdivision 2; 148C.11, subdivisions 1, 4, 
  1.37            5, 6; 148C.12, subdivision 3, by adding a subdivision; 
  1.38            150A.01, subdivision 6a; 150A.06, subdivision 1a; 
  1.39            150A.10, subdivision 1a; 153A.13, subdivision 5; 
  1.40            153A.14, subdivisions 2i, 4, 4c; 153A.15, subdivision 
  1.41            1; 153A.20, subdivision 1; 214.01, subdivision 2; 
  1.42            214.103, subdivision 1; 245.462, subdivision 18; 
  1.43            245.4871, subdivision 27; 256B.0625, subdivision 38; 
  1.44            256J.08, subdivision 73a; 319B.02, subdivision 19; 
  1.45            319B.40; Laws 2003, chapter 118, section 29, as 
  1.46            amended; proposing coding for new law in Minnesota 
  2.1             Statutes, chapters 148; 148B; 148C; 150A; 153A; 
  2.2             providing coding for new law as Minnesota Statutes, 
  2.3             chapter 148D; repealing Minnesota Statutes 2004, 
  2.4             sections 148B.18; 148B.185; 148B.19; 148B.20; 148B.21; 
  2.5             148B.215; 148B.22; 148B.224; 148B.225; 148B.226; 
  2.6             148B.24; 148B.25; 148B.26; 148B.27; 148B.28; 148B.281; 
  2.7             148B.282; 148B.283; 148B.284; 148B.285; 148B.286; 
  2.8             148B.287; 148B.288; 148B.289; 148C.02; 148C.12, 
  2.9             subdivision 4; 153A.14, subdivision 2a; Minnesota 
  2.10            Rules, parts 4747.0030, subparts 11, 16; 4747.1200; 
  2.11            4747.1300; 5601.0100, subparts 3, 4; 8740.0100; 
  2.12            8740.0110; 8740.0120; 8740.0122; 8740.0130; 8740.0155; 
  2.13            8740.0185; 8740.0187; 8740.0200; 8740.0240; 8740.0260; 
  2.14            8740.0285; 8740.0300; 8740.0310; 8740.0315; 8740.0320; 
  2.15            8740.0325; 8740.0330; 8740.0335; 8740.0340; 8740.0345. 
  2.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.17                             ARTICLE 1 
  2.18                        BOARD OF SOCIAL WORK 
  2.19     Section 1.  Minnesota Statutes 2004, section 13.383, 
  2.20  subdivision 10, is amended to read: 
  2.21     Subd. 10.  [SOCIAL WORKERS.] (a)  [DISCIPLINARY DATA 
  2.22  GENERALLY.] Data held by the Board of Social Work in connection 
  2.23  with disciplinary matters are classified under 
  2.24  sections 148B.281, subdivisions 2 and 5, and 148B.285 148D.255 
  2.25  to 148D.270. 
  2.26     (b)  [REPORTS OF VIOLATIONS.] Certain reports of violations 
  2.27  submitted to the Board of Social Work are classified 
  2.28  under section 148B.284 sections 148D.240 to 148D.250. 
  2.29     (c)  [CLIENT RECORDS.] Client records of a patient cared 
  2.30  for by a social worker who is under review by the Board of 
  2.31  Social Work are classified under sections 148B.282 and 148B.286, 
  2.32  subdivision 3 section 148D.230. 
  2.33     Sec. 2.  Minnesota Statutes 2004, section 13.411, 
  2.34  subdivision 5, is amended to read: 
  2.35     Subd. 5.  [SOCIAL WORKERS.] Residence addresses and 
  2.36  telephone numbers of social worker licensees are classified 
  2.37  under section 148B.285, subdivision 5 chapter 148D. 
  2.38     Sec. 3.  Minnesota Statutes 2004, section 144.335, 
  2.39  subdivision 1, is amended to read: 
  2.40     Subdivision 1.  [DEFINITIONS.] For the purposes of this 
  2.41  section, the following terms have the meanings given them: 
  2.42     (a) "Patient" means a natural person who has received 
  2.43  health care services from a provider for treatment or 
  3.1   examination of a medical, psychiatric, or mental condition, the 
  3.2   surviving spouse and parents of a deceased patient, or a person 
  3.3   the patient appoints in writing as a representative, including a 
  3.4   health care agent acting pursuant to chapter 145C, unless the 
  3.5   authority of the agent has been limited by the principal in the 
  3.6   principal's health care directive.  Except for minors who have 
  3.7   received health care services pursuant to sections 144.341 to 
  3.8   144.347, in the case of a minor, patient includes a parent or 
  3.9   guardian, or a person acting as a parent or guardian in the 
  3.10  absence of a parent or guardian. 
  3.11     (b) "Provider" means (1) any person who furnishes health 
  3.12  care services and is regulated to furnish the services pursuant 
  3.13  to chapter 147, 147A, 147B, 147C, 147D, 148, 148B, 148C, 148D, 
  3.14  150A, 151, 153, or 153A, or Minnesota Rules, chapter 4666; (2) a 
  3.15  home care provider licensed under section 144A.46; (3) a health 
  3.16  care facility licensed pursuant to this chapter or chapter 144A; 
  3.17  (4) a physician assistant registered under chapter 147A; and (5) 
  3.18  an unlicensed mental health practitioner regulated pursuant to 
  3.19  sections 148B.60 to 148B.71. 
  3.20     (c) "Individually identifiable form" means a form in which 
  3.21  the patient is or can be identified as the subject of the health 
  3.22  records. 
  3.23     Sec. 4.  Minnesota Statutes 2004, section 144A.46, 
  3.24  subdivision 2, is amended to read: 
  3.25     Subd. 2.  [EXEMPTIONS.] The following individuals or 
  3.26  organizations are exempt from the requirement to obtain a home 
  3.27  care provider license: 
  3.28     (1) a person who is licensed as a registered nurse under 
  3.29  sections 148.171 to 148.285 and who independently provides 
  3.30  nursing services in the home without any contractual or 
  3.31  employment relationship to a home care provider or other 
  3.32  organization; 
  3.33     (2) a personal care assistant who provides services to only 
  3.34  one individual under the medical assistance program as 
  3.35  authorized under sections 256B.0625, subdivision 19a, and 
  3.36  256B.04, subdivision 16; 
  4.1      (3) a person or organization that exclusively offers, 
  4.2   provides, or arranges for personal care assistant services to 
  4.3   only one individual under the medical assistance program as 
  4.4   authorized under sections 256B.0625, subdivision 19a, and 
  4.5   256B.04, subdivision 16; 
  4.6      (4) a person who is licensed under sections 148.65 to 
  4.7   148.78 and who independently provides physical therapy services 
  4.8   in the home without any contractual or employment relationship 
  4.9   to a home care provider or other organization; 
  4.10     (5) a provider that is licensed by the commissioner of 
  4.11  human services to provide semi-independent living services under 
  4.12  Minnesota Rules, parts 9525.0500 to 9525.0660 when providing 
  4.13  home care services to a person with a developmental disability; 
  4.14     (6) a provider that is licensed by the commissioner of 
  4.15  human services to provide home and community-based services 
  4.16  under Minnesota Rules, parts 9525.2000 to 9525.2140 when 
  4.17  providing home care services to a person with a developmental 
  4.18  disability; 
  4.19     (7) a person or organization that provides only home 
  4.20  management services, if the person or organization is registered 
  4.21  under section 144A.461; or 
  4.22     (8) a person who is licensed as a social worker under 
  4.23  sections 148B.18 to 148B.289 chapter 148D and who provides 
  4.24  social work services in the home independently and not through 
  4.25  any contractual or employment relationship with a home care 
  4.26  provider or other organization. 
  4.27     An exemption under this subdivision does not excuse the 
  4.28  individual from complying with applicable provisions of the home 
  4.29  care bill of rights. 
  4.30     Sec. 5.  Minnesota Statutes 2004, section 147.09, is 
  4.31  amended to read: 
  4.32     147.09 [EXEMPTIONS.] 
  4.33     Section 147.081 does not apply to, control, prevent or 
  4.34  restrict the practice, service, or activities of:  
  4.35     (1) A person who is a commissioned medical officer of, a 
  4.36  member of, or employed by, the armed forces of the United 
  5.1   States, the United States Public Health Service, the Veterans 
  5.2   Administration, any federal institution or any federal agency 
  5.3   while engaged in the performance of official duties within this 
  5.4   state, if the person is licensed elsewhere.  
  5.5      (2) A licensed physician from a state or country who is in 
  5.6   actual consultation here.  
  5.7      (3) A licensed or registered physician who treats the 
  5.8   physician's home state patients or other participating patients 
  5.9   while the physicians and those patients are participating 
  5.10  together in outdoor recreation in this state as defined by 
  5.11  section 86A.03, subdivision 3.  A physician shall first register 
  5.12  with the board on a form developed by the board for that 
  5.13  purpose.  The board shall not be required to promulgate the 
  5.14  contents of that form by rule.  No fee shall be charged for this 
  5.15  registration.  
  5.16     (4) A student practicing under the direct supervision of a 
  5.17  preceptor while the student is enrolled in and regularly 
  5.18  attending a recognized medical school.  
  5.19     (5) A student who is in continuing training and performing 
  5.20  the duties of an intern or resident or engaged in postgraduate 
  5.21  work considered by the board to be the equivalent of an 
  5.22  internship or residency in any hospital or institution approved 
  5.23  for training by the board, provided the student has a residency 
  5.24  permit issued by the board under section 147.0391. 
  5.25     (6) A person employed in a scientific, sanitary, or 
  5.26  teaching capacity by the state university, the Department of 
  5.27  Education, a public or private school, college, or other bona 
  5.28  fide educational institution, a nonprofit organization, which 
  5.29  has tax-exempt status in accordance with the Internal Revenue 
  5.30  Code, section 501(c)(3), and is organized and operated primarily 
  5.31  for the purpose of conducting scientific research directed 
  5.32  towards discovering the causes of and cures for human diseases, 
  5.33  or the state Department of Health, whose duties are entirely of 
  5.34  a research, public health, or educational character, while 
  5.35  engaged in such duties; provided that if the research includes 
  5.36  the study of humans, such research shall be conducted under the 
  6.1   supervision of one or more physicians licensed under this 
  6.2   chapter. 
  6.3      (7) Physician's assistants registered in this state.  
  6.4      (8) A doctor of osteopathy duly licensed by the state Board 
  6.5   of Osteopathy under Minnesota Statutes 1961, sections 148.11 to 
  6.6   148.16, prior to May 1, 1963, who has not been granted a license 
  6.7   to practice medicine in accordance with this chapter provided 
  6.8   that the doctor confines activities within the scope of the 
  6.9   license. 
  6.10     (9) Any person licensed by a health related licensing 
  6.11  board, as defined in section 214.01, subdivision 2, or 
  6.12  registered by the commissioner of health pursuant to section 
  6.13  214.13, including psychological practitioners with respect to 
  6.14  the use of hypnosis; provided that the person confines 
  6.15  activities within the scope of the license.  
  6.16     (10) A person who practices ritual circumcision pursuant to 
  6.17  the requirements or tenets of any established religion. 
  6.18     (11) A Christian Scientist or other person who endeavors to 
  6.19  prevent or cure disease or suffering exclusively by mental or 
  6.20  spiritual means or by prayer. 
  6.21     (12) A physician licensed to practice medicine in another 
  6.22  state who is in this state for the sole purpose of providing 
  6.23  medical services at a competitive athletic event.  The physician 
  6.24  may practice medicine only on participants in the athletic 
  6.25  event.  A physician shall first register with the board on a 
  6.26  form developed by the board for that purpose.  The board shall 
  6.27  not be required to adopt the contents of the form by rule.  The 
  6.28  physician shall provide evidence satisfactory to the board of a 
  6.29  current unrestricted license in another state.  The board shall 
  6.30  charge a fee of $50 for the registration.  
  6.31     (13) A psychologist licensed under section 148.907 or a 
  6.32  social worker licensed under section 148B.21 chapter 148D who 
  6.33  uses or supervises the use of a penile or vaginal plethysmograph 
  6.34  in assessing and treating individuals suspected of engaging in 
  6.35  aberrant sexual behavior and sex offenders. 
  6.36     (14) Any person issued a training course certificate or 
  7.1   credentialed by the Emergency Medical Services Regulatory Board 
  7.2   established in chapter 144E, provided the person confines 
  7.3   activities within the scope of training at the certified or 
  7.4   credentialed level. 
  7.5      (15) An unlicensed complementary and alternative health 
  7.6   care practitioner practicing according to chapter 146A. 
  7.7      Sec. 6.  [148D.001] [CITATION.] 
  7.8      This chapter may be cited as the "Minnesota Board of Social 
  7.9   Work Practice Act." 
  7.10     Sec. 7.  [148D.010] [DEFINITIONS.] 
  7.11     Subdivision 1.  [SCOPE.] For the purpose of this chapter, 
  7.12  the terms in this section have the meanings given. 
  7.13     Subd. 2.  [APPLICANT.] "Applicant" means a person who 
  7.14  submits an application to the board for a new license, a license 
  7.15  renewal, a change in license, an inactive license, reactivation 
  7.16  of a license, or a voluntary termination. 
  7.17     Subd. 3.  [APPLICATION.] "Application" means an application 
  7.18  to the board for a new license, a license renewal, a change in 
  7.19  license, an inactive license, reactivation of a license, or 
  7.20  voluntary termination. 
  7.21     Subd. 4.  [BOARD.] "Board" means the Board of Social Work 
  7.22  created under section 148D.025. 
  7.23     Subd. 5.  [CLIENT.] "Client" means an individual, couple, 
  7.24  family, group, community, or organization that receives or has 
  7.25  received social work services as described in subdivision 9. 
  7.26     Subd. 6.  [CLINICAL PRACTICE.] "Clinical practice" means 
  7.27  applying professional social work knowledge, skills, and values 
  7.28  in the differential diagnosis and treatment of psychosocial 
  7.29  function, disability, or impairment, including addictions and 
  7.30  emotional, mental, and behavioral disorders.  Treatment includes 
  7.31  a plan based on a differential diagnosis.  Treatment may 
  7.32  include, but is not limited to, the provision of psychotherapy 
  7.33  to individuals, couples, families, and groups.  Clinical social 
  7.34  workers may also provide the services described in subdivision 9.
  7.35     Subd. 7.  [INTERN.] "Intern" means a student in field 
  7.36  placement working under the supervision or direction of a social 
  8.1   worker. 
  8.2      Subd. 8.  [PERSON-IN-ENVIRONMENT PERSPECTIVE.] 
  8.3   "Person-in-environment perspective" means viewing human 
  8.4   behavior, development, and function in the context of one or 
  8.5   more of the following:  the environment, social functioning, 
  8.6   mental health, and physical health. 
  8.7      Subd. 9.  [PRACTICE OF SOCIAL WORK.] "Practice of social 
  8.8   work" means working to maintain, restore, or improve behavioral, 
  8.9   cognitive, emotional, mental, or social functioning of clients, 
  8.10  in a manner that applies accepted professional social work 
  8.11  knowledge, skills, and values, including the 
  8.12  person-in-environment perspective, by providing in person or 
  8.13  through telephone, video conferencing, or electronic means one 
  8.14  or more of the social work services described in clauses (1) to 
  8.15  (3).  Social work services may address conditions that impair or 
  8.16  limit behavioral, cognitive, emotional, mental, or social 
  8.17  functioning.  Such conditions include, but are not limited to, 
  8.18  the following:  abuse and neglect of children or vulnerable 
  8.19  adults, addictions, developmental disorders, disabilities, 
  8.20  discrimination, illness, injuries, poverty, and trauma.  Social 
  8.21  work services include: 
  8.22     (1) providing assessment and intervention through direct 
  8.23  contact with clients, developing a plan based on information 
  8.24  from an assessment, and providing services which include, but 
  8.25  are not limited to, assessment, case management, client-centered 
  8.26  advocacy, client education, consultation, counseling, crisis 
  8.27  intervention, and referral; 
  8.28     (2) providing for the direct or indirect benefit of clients 
  8.29  through administrative, educational, policy, or research 
  8.30  services including, but not limited to: 
  8.31     (i) advocating for policies, programs, or services to 
  8.32  improve the well-being of clients; 
  8.33     (ii) conducting research related to social work services; 
  8.34     (iii) developing and administering programs which provide 
  8.35  social work services; 
  8.36     (iv) engaging in community organization to address social 
  9.1   problems through planned collective action; 
  9.2      (v) supervising individuals who provide social work 
  9.3   services to clients; 
  9.4      (vi) supervising social workers in order to comply with the 
  9.5   supervised practice requirements specified in sections 148D.100 
  9.6   to 148D.125; and 
  9.7      (vii) teaching professional social work knowledge, skills, 
  9.8   and values to students; and 
  9.9      (3) engaging in clinical practice. 
  9.10     Subd. 10.  [PROFESSIONAL NAME.] "Professional name" means 
  9.11  the name a licensed social worker uses in making representations 
  9.12  of the social worker's professional status to the public and 
  9.13  which has been designated to the board in writing pursuant to 
  9.14  section 148D.090. 
  9.15     Subd. 11.  [PROFESSIONAL SOCIAL WORK KNOWLEDGE, SKILLS, AND 
  9.16  VALUES.] "Professional social work knowledge, skills, and values"
  9.17  means the knowledge, skills, and values taught in programs 
  9.18  accredited by the Council on Social Work Education, the Canadian 
  9.19  Association of Schools of Social Work, or a similar 
  9.20  accreditation body designated by the board.  Professional social 
  9.21  work knowledge, skills, and values include, but are not limited 
  9.22  to, principles of person-in-environment and the values, 
  9.23  principles, and standards described in the Code of Ethics of the 
  9.24  National Association of Social Workers. 
  9.25     Subd. 12.  [SEXUAL CONDUCT.] "Sexual conduct" means any 
  9.26  physical contact or conduct that may be reasonably interpreted 
  9.27  as sexual, or any oral, written, electronic, or other 
  9.28  communication that suggests engaging in physical contact or 
  9.29  conduct that may be reasonably interpreted as sexual. 
  9.30     Subd. 13.  [SOCIAL WORKER.] "Social worker" means an 
  9.31  individual who: 
  9.32     (1) is licensed as a social worker; or 
  9.33     (2) has obtained a social work degree from a program 
  9.34  accredited by the Council on Social Work Education, the Canadian 
  9.35  Association of Schools of Social Work, or a similar 
  9.36  accreditation body designated by the board and engages in the 
 10.1   practice of social work. 
 10.2      Subd. 14.  [STUDENT.] "Student" means an individual who is 
 10.3   taught professional social work knowledge, skills, and values in 
 10.4   a program that has been accredited by the Council on Social Work 
 10.5   Education, the Canadian Association of Schools of Social Work, 
 10.6   or a similar accreditation body designated by the board. 
 10.7      Subd. 15.  [SUPERVISEE.] "Supervisee" means an individual 
 10.8   provided evaluation and supervision or direction by a social 
 10.9   worker. 
 10.10     Subd. 16.  [SUPERVISION.] "Supervision" means a 
 10.11  professional relationship between a supervisor and a social 
 10.12  worker in which the supervisor provides evaluation and direction 
 10.13  of the services provided by the social worker to promote 
 10.14  competent and ethical services to clients through the continuing 
 10.15  development of the social worker's knowledge and application of 
 10.16  accepted professional social work knowledge, skills, and values. 
 10.17     Sec. 8.  [148D.015] [SCOPE.] 
 10.18     This chapter applies to all applicants and licensees, all 
 10.19  persons who use the title social worker, and all persons in or 
 10.20  out of this state who provide social work services to clients 
 10.21  who reside in this state unless there are specific applicable 
 10.22  exemptions provided by law. 
 10.23     Sec. 9.  [148D.020] [CHAPTER 214.] 
 10.24     Chapter 214 applies to the Board of Social Work unless 
 10.25  superseded by this chapter. 
 10.26     Sec. 10.  [148D.025] [BOARD OF SOCIAL WORK.] 
 10.27     Subdivision 1.  [CREATION.] The Board of Social Work 
 10.28  consists of 15 members appointed by the governor.  The members 
 10.29  are: 
 10.30     (1) ten social workers licensed pursuant to section 
 10.31  148D.055; and 
 10.32     (2) five public members as defined in section 214.02. 
 10.33     Subd. 2.  [QUALIFICATIONS OF BOARD MEMBERS.] (a) All social 
 10.34  worker members must have engaged in the practice of social work 
 10.35  in Minnesota for at least one year during the ten years 
 10.36  preceding their appointments. 
 11.1      (b) Five social worker members must be licensed social 
 11.2   workers.  The other five members must be a licensed graduate 
 11.3   social worker, a licensed independent social worker, or a 
 11.4   licensed independent clinical social worker. 
 11.5      (c) Eight social worker members must be engaged at the time 
 11.6   of their appointment in the practice of social work in Minnesota 
 11.7   in the following settings: 
 11.8      (1) one member must be engaged in the practice of social 
 11.9   work in a county agency; 
 11.10     (2) one member must be engaged in the practice of social 
 11.11  work in a state agency; 
 11.12     (3) one member must be engaged in the practice of social 
 11.13  work in an elementary, middle, or secondary school; 
 11.14     (4) one member must be employed in a hospital or nursing 
 11.15  home licensed under chapter 144 or 144A; 
 11.16     (5) two members must be engaged in the practice of social 
 11.17  work in a private agency; 
 11.18     (6) one member must be engaged in the practice of social 
 11.19  work in a clinical social work setting; and 
 11.20     (7) one member must be an educator engaged in regular 
 11.21  teaching duties at a program of social work accredited by the 
 11.22  Council on Social Work Education or a similar accreditation body 
 11.23  designated by the board. 
 11.24     (d) At the time of their appointments, at least six members 
 11.25  must reside outside of the seven-county metropolitan area. 
 11.26     (e) At the time of their appointments, at least five 
 11.27  members must be persons with expertise in communities of color. 
 11.28     Subd. 3.  [OFFICERS.] The board must annually elect from 
 11.29  its membership a chair, vice-chair, and secretary-treasurer. 
 11.30     Subd. 4.  [BYLAWS.] The board must adopt bylaws to govern 
 11.31  its proceedings. 
 11.32     Subd. 5.  [EXECUTIVE DIRECTOR.] The board must appoint and 
 11.33  employ an executive director who is not a member of the board. 
 11.34     Sec. 11.  [148D.030] [DUTIES OF THE BOARD.] 
 11.35     Subdivision 1.  [DUTIES.] The board must perform the duties 
 11.36  necessary to promote and protect the public health, safety, and 
 12.1   welfare through the licensure and regulation of persons who 
 12.2   practice social work in this state.  These duties include, but 
 12.3   are not limited to: 
 12.4      (1) establishing the qualifications and procedures for 
 12.5   individuals to be licensed as social workers; 
 12.6      (2) establishing standards of practice for social workers; 
 12.7      (3) holding examinations or contracting with the 
 12.8   Association of Social Work Boards or a similar examination body 
 12.9   designated by the board to hold examinations to assess 
 12.10  applicants' qualifications; 
 12.11     (4) issuing licenses to qualified individuals pursuant to 
 12.12  sections 148D.055 and 148D.060; 
 12.13     (5) taking disciplinary, adversarial, corrective, or other 
 12.14  action pursuant to sections 148D.255 to 148D.270 when an 
 12.15  individual violates the requirements of this chapter; 
 12.16     (6) assessing fees pursuant to sections 148D.175 and 
 12.17  148D.180; and 
 12.18     (7) educating social workers and the public on the 
 12.19  requirements of the board. 
 12.20     Subd. 2.  [RULES.] The board may adopt and enforce rules to 
 12.21  carry out the duties specified in subdivision 1. 
 12.22     Sec. 12.  [148D.035] [VARIANCES.] 
 12.23     If the effect of a requirement pursuant to this chapter is 
 12.24  unreasonable, impossible to execute, absurd, or would impose an 
 12.25  extreme hardship on a licensee, the board may grant a variance 
 12.26  if the variance is consistent with promoting and protecting the 
 12.27  public health, safety, and welfare.  A variance must not be 
 12.28  granted for core licensing standards such as substantive 
 12.29  educational and examination requirements. 
 12.30     Sec. 13.  [148D.040] [IMMUNITY.] 
 12.31     Board members, board employees, and persons engaged on 
 12.32  behalf of the board are immune from civil liability and criminal 
 12.33  prosecution for any actions, transactions, or publications in 
 12.34  the lawful execution of or relating to their duties under this 
 12.35  chapter. 
 12.36     Sec. 14.  [148D.045] [CONTESTED CASE HEARING.] 
 13.1      An applicant or a licensee who is the subject of a 
 13.2   disciplinary or adversarial action by the board pursuant to this 
 13.3   chapter may request a contested case hearing under sections 
 13.4   14.57 to 14.62.  An applicant or a licensee who desires to 
 13.5   request a contested case hearing must submit a written request 
 13.6   to the board within 90 days after the date on which the board 
 13.7   mailed the notification of the adverse action, except as 
 13.8   otherwise provided in this chapter. 
 13.9      Sec. 15.  [148D.050] [LICENSING; SCOPE OF PRACTICE.] 
 13.10     Subdivision 1.  [REQUIREMENTS.] The practice of social work 
 13.11  must comply with the requirements of subdivision 2, 3, 4, or 5. 
 13.12     Subd. 2.  [LICENSED SOCIAL WORKER.] A licensed social 
 13.13  worker may engage in social work practice except that a licensed 
 13.14  social worker must not engage in clinical practice. 
 13.15     Subd. 3.  [LICENSED GRADUATE SOCIAL WORKER.] A licensed 
 13.16  graduate social worker may engage in social work practice except 
 13.17  that a licensed graduate social worker must not engage in 
 13.18  clinical practice except under the supervision of a licensed 
 13.19  independent clinical social worker or an alternate supervisor 
 13.20  pursuant to section 148D.120. 
 13.21     Subd. 4.  [LICENSED INDEPENDENT SOCIAL WORKER.] A licensed 
 13.22  independent social worker may engage in social work practice 
 13.23  except that a licensed independent social worker must not engage 
 13.24  in clinical practice except under the supervision of a licensed 
 13.25  independent clinical social worker or an alternate supervisor 
 13.26  pursuant to section 148D.120. 
 13.27     Subd. 5.  [LICENSED INDEPENDENT CLINICAL SOCIAL WORKER.] A 
 13.28  licensed independent clinical social worker may engage in social 
 13.29  work practice, including clinical practice. 
 13.30     Sec. 16.  [148D.055] [LICENSE REQUIREMENTS.] 
 13.31     Subdivision 1.  [LICENSE REQUIRED.] (a) In order to 
 13.32  practice social work, an individual must have a social work 
 13.33  license under this section or section 148D.060, except when the 
 13.34  individual is exempt from licensure pursuant to section 148D.065.
 13.35     (b) Individuals who teach professional social work 
 13.36  knowledge, skills, and values to students and who have a social 
 14.1   work degree from a program accredited by the Council on Social 
 14.2   Work Education, the Canadian Association of Schools of Social 
 14.3   Work, or a similar accreditation body designated by the board 
 14.4   must have a social work license under this section or section 
 14.5   148D.060, except when the individual is exempt from licensure 
 14.6   pursuant to section 148D.065. 
 14.7      Subd. 2.  [QUALIFICATIONS FOR LICENSURE BY EXAMINATION AS A 
 14.8   LICENSED SOCIAL WORKER.] (a) Except as provided in paragraph 
 14.9   (i), to be licensed as a licensed social worker, an applicant 
 14.10  for licensure by examination must provide evidence satisfactory 
 14.11  to the board that the applicant: 
 14.12     (1) has received a baccalaureate degree in social work from 
 14.13  a program accredited by the Council on Social Work Education, 
 14.14  the Canadian Association of Schools of Social Work, or a similar 
 14.15  accreditation body designated by the board; 
 14.16     (2) has passed the bachelors or equivalent examination 
 14.17  administered by the Association of Social Work Boards or a 
 14.18  similar examination body designated by the board.  Unless an 
 14.19  applicant applies for licensure by endorsement pursuant to 
 14.20  subdivision 7, an examination is not valid if it was taken and 
 14.21  passed eight or more years prior to submitting a completed, 
 14.22  signed application form provided by the board.  The examination 
 14.23  may be taken prior to completing degree requirements; 
 14.24     (3) has submitted a completed, signed application form 
 14.25  provided by the board, including the applicable application fee 
 14.26  specified in section 148D.180.  For applications submitted 
 14.27  electronically, a "signed application" means providing an 
 14.28  attestation as specified by the board; 
 14.29     (4) has submitted the criminal background check fee and a 
 14.30  form provided by the board authorizing a criminal background 
 14.31  check pursuant to subdivision 8; 
 14.32     (5) has paid the applicable license fee specified in 
 14.33  section 148D.180; and 
 14.34     (6) has not engaged in conduct that was or would be in 
 14.35  violation of the standards of practice specified in sections 
 14.36  148D.195 to 148D.240.  If the applicant has engaged in conduct 
 15.1   that was or would be in violation of the standards of practice, 
 15.2   the board may take action pursuant to sections 148D.255 to 
 15.3   148D.270. 
 15.4      (b) An application that is not completed and signed, or 
 15.5   that is not accompanied by the correct fee, must be returned to 
 15.6   the applicant, along with any fee submitted, and is void. 
 15.7      (c) A licensee granted a license by the board pursuant to 
 15.8   paragraph (a) must meet the supervised practice requirements 
 15.9   specified in sections 148D.100 to 148D.125.  If a licensee does 
 15.10  not meet the supervised practice requirements, the board may 
 15.11  take action pursuant to sections 148D.255 to 148D.270. 
 15.12     (d) By submitting an application for licensure, an 
 15.13  applicant authorizes the board to investigate any information 
 15.14  provided or requested in the application.  The board may request 
 15.15  that the applicant provide additional information, verification, 
 15.16  or documentation. 
 15.17     (e) Within one year of the time the board receives an 
 15.18  application for licensure, the applicant must meet all the 
 15.19  requirements specified in paragraph (a) and must provide all of 
 15.20  the information requested by the board pursuant to paragraph 
 15.21  (d).  If within one year the applicant does not meet all the 
 15.22  requirements, or does not provide all of the information 
 15.23  requested, the applicant is considered ineligible and the 
 15.24  application for licensure must be closed. 
 15.25     (f) Except as provided in paragraph (g), an applicant may 
 15.26  not take more than three times the bachelors or equivalent 
 15.27  examination administered by the Association of Social Work 
 15.28  Boards, or a similar examination body designated by the board.  
 15.29  An applicant must receive a passing score on the bachelors or 
 15.30  equivalent examination administered by the Association of Social 
 15.31  Work Boards or a similar examination body designated by the 
 15.32  board in no more than 18 months after the date the applicant 
 15.33  first failed the examination. 
 15.34     (g) Notwithstanding paragraph (f), the board may allow an 
 15.35  applicant to take, for a fourth or subsequent time, the 
 15.36  bachelors or equivalent examination administered by the 
 16.1   Association of Social Work Boards or a similar examination body 
 16.2   designated by the board if the applicant: 
 16.3      (1) meets all requirements specified in paragraphs (a) to 
 16.4   (e) other than passing the bachelors or equivalent examination 
 16.5   administered by the Association of Social Work Boards or a 
 16.6   similar examination body designated by the board; 
 16.7      (2) provides to the board a description of the efforts the 
 16.8   applicant has made to improve the applicant's score and 
 16.9   demonstrates to the board's satisfaction that the efforts are 
 16.10  likely to improve the score; and 
 16.11     (3) provides to the board letters of recommendation from 
 16.12  two licensed social workers attesting to the applicant's ability 
 16.13  to practice social work competently and ethically in accordance 
 16.14  with professional social work knowledge, skills, and values. 
 16.15     (h) An individual must not practice social work until the 
 16.16  individual passes the examination and receives a social work 
 16.17  license under this section or section 148D.060.  If the board 
 16.18  has reason to believe that an applicant may be practicing social 
 16.19  work without a license, and the applicant has failed the 
 16.20  bachelors or equivalent examination administered by the 
 16.21  Association of Social Work Boards or a similar examination body 
 16.22  designated by the board, the board may notify the applicant's 
 16.23  employer that the applicant is not licensed as a social worker. 
 16.24     (i) An applicant who was born in a foreign country, who has 
 16.25  taken and failed to pass the examination specified in paragraph 
 16.26  (a), clause (2), at least once since January 1, 2000, and for 
 16.27  whom English is a second language, is eligible for licensure as 
 16.28  a social worker if the applicant: 
 16.29     (1) provides evidence to the board of compliance with the 
 16.30  requirements in paragraph (a), clauses (1) and (3) to (6), and 
 16.31  in paragraphs (b) to (e) and (h); and 
 16.32     (2) provides to the board letters of recommendation and 
 16.33  experience ratings from two licensed social workers and one 
 16.34  professor from the applicant's social work program who can 
 16.35  attest to the applicant's competence. 
 16.36  This paragraph expires August 1, 2007. 
 17.1      Subd. 3.  [QUALIFICATIONS FOR LICENSURE BY EXAMINATION AS A 
 17.2   LICENSED GRADUATE SOCIAL WORKER.] (a) Except as provided in 
 17.3   paragraph (i), to be licensed as a licensed graduate social 
 17.4   worker, an applicant for licensure by examination must provide 
 17.5   evidence satisfactory to the board that the applicant: 
 17.6      (1) has received a graduate degree in social work from a 
 17.7   program accredited by the Council on Social Work Education, the 
 17.8   Canadian Association of Schools of Social Work, or a similar 
 17.9   accreditation body designated by the board; 
 17.10     (2) has passed the masters or equivalent examination 
 17.11  administered by the Association of Social Work Boards or a 
 17.12  similar examination body designated by the board. Unless an 
 17.13  applicant applies for licensure by endorsement pursuant to 
 17.14  section 148D.055, subdivision 7, an examination is not valid if 
 17.15  it was taken and passed eight or more years prior to submitting 
 17.16  a completed, signed application form provided by the board.  The 
 17.17  examination may be taken prior to completing degree 
 17.18  requirements; 
 17.19     (3) has submitted a completed, signed application form 
 17.20  provided by the board, including the applicable application fee 
 17.21  specified in section 148D.180.  For applications submitted 
 17.22  electronically, a "signed application" means providing an 
 17.23  attestation as specified by the board; 
 17.24     (4) has submitted the criminal background check fee and a 
 17.25  form provided by the board authorizing a criminal background 
 17.26  check pursuant to subdivision 8; 
 17.27     (5) has paid the applicable license fee specified in 
 17.28  section 148D.180; and 
 17.29     (6) has not engaged in conduct that was or would be in 
 17.30  violation of the standards of practice specified in sections 
 17.31  148D.195 to 148D.240.  If the applicant has engaged in conduct 
 17.32  that was or would be in violation of the standards of practice, 
 17.33  the board may take action pursuant to sections 148D.255 to 
 17.34  148D.270. 
 17.35     (b) An application which is not completed and signed, or 
 17.36  which is not accompanied by the correct fee, must be returned to 
 18.1   the applicant, along with any fee submitted, and is void. 
 18.2      (c) A licensee granted a license by the board pursuant to 
 18.3   paragraph (a) must meet the supervised practice requirements 
 18.4   specified in sections 148D.100 to 148D.125.  If a licensee does 
 18.5   not meet the supervised practice requirements, the board may 
 18.6   take action pursuant to sections 148D.255 to 148D.270. 
 18.7      (d) By submitting an application for licensure, an 
 18.8   applicant authorizes the board to investigate any information 
 18.9   provided or requested in the application.  The board may request 
 18.10  that the applicant provide additional information, verification, 
 18.11  or documentation. 
 18.12     (e) Within one year of the time the board receives an 
 18.13  application for licensure, the applicant must meet all the 
 18.14  requirements specified in paragraph (a) and must provide all of 
 18.15  the information requested by the board pursuant to paragraph 
 18.16  (d).  If within one year the applicant does not meet all the 
 18.17  requirements, or does not provide all of the information 
 18.18  requested, the applicant is considered ineligible and the 
 18.19  application for licensure must be closed. 
 18.20     (f) Except as provided in paragraph (g), an applicant may 
 18.21  not take more than three times the masters or equivalent 
 18.22  examination administered by the Association of Social Work 
 18.23  Boards or a similar examination body designated by the board.  
 18.24  An applicant must receive a passing score on the masters or 
 18.25  equivalent examination administered by the Association of Social 
 18.26  Work Boards or a similar examination body designated by the 
 18.27  board in no more than 18 months after the date the applicant 
 18.28  first failed the examination. 
 18.29     (g) Notwithstanding paragraph (f), the board may allow an 
 18.30  applicant to take, for a fourth or subsequent time, the masters 
 18.31  or equivalent examination administered by the Association of 
 18.32  Social Work Boards or a similar examination body designated by 
 18.33  the board if the applicant: 
 18.34     (1) meets all requirements specified in paragraphs (a) to 
 18.35  (e) other than passing the masters or equivalent examination 
 18.36  administered by the Association of Social Work boards or a 
 19.1   similar examination body designated by the board; 
 19.2      (2) provides to the board a description of the efforts the 
 19.3   applicant has made to improve the applicant's score and 
 19.4   demonstrates to the board's satisfaction that the efforts are 
 19.5   likely to improve the score; and 
 19.6      (3) provides to the board letters of recommendation from 
 19.7   two licensed social workers attesting to the applicant's ability 
 19.8   to practice social work competently and ethically in accordance 
 19.9   with professional social work knowledge, skills, and values. 
 19.10     (h) An individual must not practice social work until the 
 19.11  individual passes the examination and receives a social work 
 19.12  license under this section or section 148D.060.  If the board 
 19.13  has reason to believe that an applicant may be practicing social 
 19.14  work without a license, and the applicant has failed the masters 
 19.15  or equivalent examination administered by the Association of 
 19.16  Social Work Boards or a similar examination body designated by 
 19.17  the board, the board may notify the applicant's employer that 
 19.18  the applicant is not licensed as a social worker. 
 19.19     (i) An applicant who was born in a foreign country, who has 
 19.20  taken and failed to pass the examination specified in paragraph 
 19.21  (a), clause (2), at least once since January 1, 2000, and for 
 19.22  whom English is a second language, is eligible for licensure as 
 19.23  a social worker if the applicant: 
 19.24     (1) provides evidence to the board of compliance with the 
 19.25  requirements in paragraph (a), clauses (1) and (3) to (6), and 
 19.26  in paragraphs (b) to (e) and (h); and 
 19.27     (2) provides to the board letters of recommendation and 
 19.28  experience ratings from two licensed social workers and one 
 19.29  professor from the applicant's social work program who can 
 19.30  attest to the applicant's competence. 
 19.31  This paragraph expires August 1, 2007. 
 19.32     Subd. 4.  [QUALIFICATIONS FOR LICENSURE BY EXAMINATION AS A 
 19.33  LICENSED INDEPENDENT SOCIAL WORKER.] (a) Except as provided in 
 19.34  paragraph (i), to be licensed as a licensed independent social 
 19.35  worker, an applicant for licensure by examination must provide 
 19.36  evidence satisfactory to the board that the applicant: 
 20.1      (1) has received a graduate degree in social work from a 
 20.2   program accredited by the Council on Social Work Education, the 
 20.3   Canadian Association of Schools of Social Work, or a similar 
 20.4   accreditation body designated by the board; 
 20.5      (2) has practiced social work as defined in section 
 20.6   148D.010, and has met the supervised practice requirements 
 20.7   specified in sections 148D.100 to 148D.125; 
 20.8      (3) has passed the advanced generalist or equivalent 
 20.9   examination administered by the Association of Social Work 
 20.10  Boards or a similar examination body designated by the board.  
 20.11  Unless an applicant applies for licensure by endorsement 
 20.12  pursuant to subdivision 7, an examination is not valid if it was 
 20.13  taken and passed eight or more years prior to submitting a 
 20.14  completed, signed application form provided by the board; 
 20.15     (4) has submitted a completed, signed application form 
 20.16  provided by the board, including the applicable application fee 
 20.17  specified in section 148D.180.  For applications submitted 
 20.18  electronically, a "signed application" means providing an 
 20.19  attestation as specified by the board; 
 20.20     (5) has submitted the criminal background check fee and a 
 20.21  form provided by the board authorizing a criminal background 
 20.22  check pursuant to subdivision 8; 
 20.23     (6) has paid the applicable license fee specified in 
 20.24  section 148D.180; and 
 20.25     (7) has not engaged in conduct that was or would be in 
 20.26  violation of the standards of practice specified in sections 
 20.27  148D.195 to 148D.240.  If the applicant has engaged in conduct 
 20.28  that was or would be in violation of the standards of practice, 
 20.29  the board may take action pursuant to sections 148D.255 to 
 20.30  148D.270. 
 20.31     (b) An application which is not completed and signed, or 
 20.32  which is not accompanied by the correct fee, must be returned to 
 20.33  the applicant, along with any fee submitted, and is void. 
 20.34     (c) A licensed independent social worker who practices 
 20.35  clinical social work must meet the supervised practice 
 20.36  requirements specified in sections 148D.100 to 148D.125.  If a 
 21.1   licensee does not meet the supervised practice requirements, the 
 21.2   board may take action pursuant to sections 148D.255 to 148D.270. 
 21.3      (d) By submitting an application for licensure, an 
 21.4   applicant authorizes the board to investigate any information 
 21.5   provided or requested in the application.  The board may request 
 21.6   that the applicant provide additional information, verification, 
 21.7   or documentation. 
 21.8      (e) Within one year of the time the board receives an 
 21.9   application for licensure, the applicant must meet all the 
 21.10  requirements specified in paragraph (a) and must provide all of 
 21.11  the information requested by the board pursuant to paragraph 
 21.12  (d).  If within one year the applicant does not meet all the 
 21.13  requirements, or does not provide all of the information 
 21.14  requested, the applicant is considered ineligible and the 
 21.15  application for licensure must be closed. 
 21.16     (f) Except as provided in paragraph (g), an applicant may 
 21.17  not take more than three times the advanced generalist or 
 21.18  equivalent examination administered by the Association of Social 
 21.19  Work Boards or a similar examination body designated by the 
 21.20  board.  An applicant must receive a passing score on the masters 
 21.21  or equivalent examination administered by the Association of 
 21.22  Social Work Boards or a similar examination body designated by 
 21.23  the board in no more than 18 months after the first time the 
 21.24  applicant failed the examination. 
 21.25     (g) Notwithstanding paragraph (f), the board may allow an 
 21.26  applicant to take, for a fourth or subsequent time, the advanced 
 21.27  generalist or equivalent examination administered by the 
 21.28  Association of Social Work Boards or a similar examination body 
 21.29  designated by the board if the applicant: 
 21.30     (1) meets all requirements specified in paragraphs (a) to 
 21.31  (e) other than passing the advanced generalist or equivalent 
 21.32  examination administered by the Association of Social Work 
 21.33  Boards or a similar examination body designated by the board; 
 21.34     (2) provides to the board a description of the efforts the 
 21.35  applicant has made to improve the applicant's score and 
 21.36  demonstrates to the board's satisfaction that the efforts are 
 22.1   likely to improve the score; and 
 22.2      (3) provides to the board letters of recommendation from 
 22.3   two licensed social workers attesting to the applicant's ability 
 22.4   to practice social work competently and ethically in accordance 
 22.5   with professional social work knowledge, skills, and values. 
 22.6      (h) An individual must not practice social work until the 
 22.7   individual passes the examination and receives a social work 
 22.8   license under this section or section 148D.060.  If the board 
 22.9   has reason to believe that an applicant may be practicing social 
 22.10  work without a license, except as provided in section 148D.065, 
 22.11  and the applicant has failed the advanced generalist or 
 22.12  equivalent examination administered by the Association of Social 
 22.13  Work Boards or a similar examination body designated by the 
 22.14  board, the board may notify the applicant's employer that the 
 22.15  applicant is not licensed as a social worker. 
 22.16     (i) An applicant who was born in a foreign country, who has 
 22.17  taken and failed to pass the examination specified in paragraph 
 22.18  (a), clause (3), at least once since January 1, 2000, and for 
 22.19  whom English is a second language, is eligible for licensure as 
 22.20  a social worker if the applicant: 
 22.21     (1) provides evidence to the board of compliance with the 
 22.22  requirements in paragraph (a), clauses (1), (2), and (4) to (7), 
 22.23  and in paragraphs (b) to (e) and (h); and 
 22.24     (2) provides to the board letters of recommendation and 
 22.25  experience ratings from two licensed social workers and one 
 22.26  professor from the applicant's social work program who can 
 22.27  attest to the applicant's competence. 
 22.28  This paragraph expires August 1, 2007. 
 22.29     Subd. 5.  [QUALIFICATIONS FOR LICENSURE BY EXAMINATION AS A 
 22.30  LICENSED INDEPENDENT CLINICAL SOCIAL WORKER.] (a) Except as 
 22.31  provided in paragraph (h), to be licensed as a licensed 
 22.32  independent clinical social worker, an applicant for licensure 
 22.33  by examination must provide evidence satisfactory to the board 
 22.34  that the applicant: 
 22.35     (1) has received a graduate degree in social work from a 
 22.36  program accredited by the Council on Social Work Education, the 
 23.1   Canadian Association of Schools of Social Work, or a similar 
 23.2   accreditation body designated by the board; 
 23.3      (2) has practiced clinical social work as defined in 
 23.4   section 148D.010, including both diagnosis and treatment, and 
 23.5   has met the supervised practice requirements specified in 
 23.6   sections 148D.100 to 148D.125; 
 23.7      (3) has passed the clinical or equivalent examination 
 23.8   administered by the Association of Social Work Boards or a 
 23.9   similar examination body designated by the board.  Unless an 
 23.10  applicant applies for licensure by endorsement pursuant to 
 23.11  subdivision 7, an examination is not valid if it was taken and 
 23.12  passed eight or more years prior to submitting a completed, 
 23.13  signed application form provided by the board; 
 23.14     (4) has submitted a completed, signed application form 
 23.15  provided by the board, including the applicable application fee 
 23.16  specified in section 148D.180.  For applications submitted 
 23.17  electronically, a "signed application" means providing an 
 23.18  attestation as specified by the board; 
 23.19     (5) has submitted the criminal background check fee and a 
 23.20  form provided by the board authorizing a criminal background 
 23.21  check pursuant to subdivision 8; 
 23.22     (6) has paid the license fee specified in section 148D.180; 
 23.23  and 
 23.24     (7) has not engaged in conduct that was or would be in 
 23.25  violation of the standards of practice specified in sections 
 23.26  148D.195 to 148D.240.  If the applicant has engaged in conduct 
 23.27  that was or would be in violation of the standards of practice, 
 23.28  the board may take action pursuant to sections 148D.255 to 
 23.29  148D.270. 
 23.30     (b) An application which is not completed and signed, or 
 23.31  which is not accompanied by the correct fee, must be returned to 
 23.32  the applicant, along with any fee submitted, and is void. 
 23.33     (c) By submitting an application for licensure, an 
 23.34  applicant authorizes the board to investigate any information 
 23.35  provided or requested in the application.  The board may request 
 23.36  that the applicant provide additional information, verification, 
 24.1   or documentation. 
 24.2      (d) Within one year of the time the board receives an 
 24.3   application for licensure, the applicant must meet all the 
 24.4   requirements specified in paragraph (a) and must provide all of 
 24.5   the information requested by the board pursuant to paragraph 
 24.6   (c).  If within one year the applicant does not meet all the 
 24.7   requirements, or does not provide all of the information 
 24.8   requested, the applicant is considered ineligible and the 
 24.9   application for licensure must be closed. 
 24.10     (e) Except as provided in paragraph (f), an applicant may 
 24.11  not take more than three times the clinical or equivalent 
 24.12  examination administered by the Association of Social Work 
 24.13  Boards or a similar examination body designated by the board.  
 24.14  An applicant must receive a passing score on the clinical or 
 24.15  equivalent examination administered by the Association of Social 
 24.16  Work Boards or a similar examination body designated by the 
 24.17  board no later than 18 months after the first time the applicant 
 24.18  failed the examination.  
 24.19     (f) Notwithstanding paragraph (e), the board may allow an 
 24.20  applicant to take, for a fourth or subsequent time, the clinical 
 24.21  or equivalent examination administered by the Association of 
 24.22  Social Work Boards or a similar examination body designated by 
 24.23  the board if the applicant: 
 24.24     (1) meets all requirements specified in paragraphs (a) to 
 24.25  (d) other than passing the clinical or equivalent examination 
 24.26  administered by the Association of Social Work Boards or a 
 24.27  similar examination body designated by the board; 
 24.28     (2) provides to the board a description of the efforts the 
 24.29  applicant has made to improve the applicant's score and 
 24.30  demonstrates to the board's satisfaction that the efforts are 
 24.31  likely to improve the score; and 
 24.32     (3) provides to the board letters of recommendation from 
 24.33  two licensed social workers attesting to the applicant's ability 
 24.34  to practice social work competently and ethically in accordance 
 24.35  with professional social work knowledge, skills, and values. 
 24.36     (g) An individual must not practice social work until the 
 25.1   individual passes the examination and receives a social work 
 25.2   license under this section or section 148D.060.  If the board 
 25.3   has reason to believe that an applicant may be practicing social 
 25.4   work without a license, and the applicant has failed the 
 25.5   clinical or equivalent examination administered by the 
 25.6   Association of Social Work Boards or a similar examination body 
 25.7   designated by the board, the board may notify the applicant's 
 25.8   employer that the applicant is not licensed as a social worker. 
 25.9      (h) An applicant who was born in a foreign country, who has 
 25.10  taken and failed to pass the examination specified in paragraph 
 25.11  (a), clause (3), at least once since January 1, 2000, and for 
 25.12  whom English is a second language, is eligible for licensure as 
 25.13  a social worker if the applicant: 
 25.14     (1) provides evidence to the board of compliance with the 
 25.15  requirements in paragraph (a), clauses (1), (2), and (4) to (7), 
 25.16  and paragraphs (b) to (d) and (g); and 
 25.17     (2) provides to the board letters of recommendation and 
 25.18  experience ratings from two licensed social workers and one 
 25.19  professor from the applicant's social work program who can 
 25.20  attest to the applicant's competence. 
 25.21  This paragraph expires August 1, 2007. 
 25.22     Subd. 6.  [DEGREES FROM OUTSIDE THE UNITED STATES OR 
 25.23  CANADA.] If an applicant receives a degree from a program 
 25.24  outside the United States or Canada that is not accredited by 
 25.25  the Council on Social Work Education, the Canadian Association 
 25.26  of Schools of Social Work, or a similar examination body 
 25.27  designated by the board, the degree does not fulfill the 
 25.28  requirements specified in subdivision 2, paragraph (a), clause 
 25.29  (1); 3, paragraph (a), clause (1); 4, paragraph (a), clause (1); 
 25.30  or 5, paragraph (a), clause (1), unless the Council on Social 
 25.31  Work Education or a similar accreditation body designated by the 
 25.32  board has determined through the council's international 
 25.33  equivalency determination service that the degree earned is 
 25.34  equivalent to the degree required. 
 25.35     Subd. 7.  [LICENSURE BY ENDORSEMENT.] (a) An applicant for 
 25.36  licensure by endorsement must hold a current license or 
 26.1   credential to practice social work in another jurisdiction. 
 26.2      (b) An applicant for licensure by endorsement who meets the 
 26.3   qualifications of paragraph (a) and who demonstrates to the 
 26.4   satisfaction of the board that the applicant passed the 
 26.5   examination administered by the Association of Social Work 
 26.6   Boards or a similar examination body designated by the board for 
 26.7   the applicable license in Minnesota is not required to retake 
 26.8   the licensing examination. 
 26.9      (c) An application for licensure by endorsement must meet 
 26.10  the applicable license requirements specified in subdivisions 1 
 26.11  to 6 and submit the licensure by endorsement application fee 
 26.12  specified in section 148D.180. 
 26.13     Subd. 8.  [CRIMINAL BACKGROUND CHECKS.] (a) Except as 
 26.14  provided in paragraph (b), an initial license application must 
 26.15  be accompanied by: 
 26.16     (1) a form provided by the board authorizing the board to 
 26.17  complete a criminal background check; and 
 26.18     (2) the criminal background check fee specified by the 
 26.19  Bureau of Criminal Apprehension.  
 26.20     Criminal background check fees collected by the board must 
 26.21  be used to reimburse the Bureau of Criminal Apprehension for the 
 26.22  criminal background checks. 
 26.23     (b) An applicant who has previously submitted a license 
 26.24  application authorizing the board to complete a criminal 
 26.25  background check is exempt from the requirement specified in 
 26.26  paragraph (a). 
 26.27     (c) If a criminal background check indicates that an 
 26.28  applicant has engaged in criminal behavior, the board may take 
 26.29  action pursuant to sections 148D.255 to 148D.270. 
 26.30     Subd. 9.  [EFFECTIVE DATE.] The effective date of an 
 26.31  initial license is the day on which the board receives the 
 26.32  applicable license fee from an applicant approved for licensure. 
 26.33     Subd. 10.  [EXPIRATION DATE.] The expiration date of an 
 26.34  initial license is the last day of the licensee's birth month in 
 26.35  the second calendar year following the effective date of the 
 26.36  initial license. 
 27.1      Subd. 11.  [CHANGE IN LICENSE.] (a) A licensee who changes 
 27.2   from a licensed social worker to a licensed graduate social 
 27.3   worker, or from a licensed graduate social worker to a licensed 
 27.4   independent social worker, or from a licensed graduate social 
 27.5   worker or licensed independent social worker to a licensed 
 27.6   independent clinical social worker, must pay the prorated share 
 27.7   of the fee for the new license. 
 27.8      (b) The effective date of the new license is the day on 
 27.9   which the board receives the applicable license fee from an 
 27.10  applicant approved for the new license. 
 27.11     (c) The expiration date of the new license is the same date 
 27.12  as the expiration date of the license held by the licensee prior 
 27.13  to the change in the license. 
 27.14     Sec. 17.  [148D.060] [TEMPORARY LICENSES.] 
 27.15     Subdivision 1.  [STUDENTS AND OTHER PERSONS NOT CURRENTLY 
 27.16  LICENSED IN ANOTHER JURISDICTION.] The board may issue a 
 27.17  temporary license to practice social work to an applicant who is 
 27.18  not licensed or credentialed to practice social work in any 
 27.19  jurisdiction but has: 
 27.20     (1) applied for a license under section 148D.055; 
 27.21     (2) applied for a temporary license on a form provided by 
 27.22  the board; 
 27.23     (3) submitted a form provided by the board authorizing the 
 27.24  board to complete a criminal background check; 
 27.25     (4) passed the applicable licensure examination provided 
 27.26  for in section 148D.055; 
 27.27     (5) attested on a form provided by the board that the 
 27.28  applicant has completed the requirements for a baccalaureate or 
 27.29  graduate degree in social work from a program accredited by the 
 27.30  Council on Social Work Education, the Canadian Association of 
 27.31  Schools of Social Work, or a similar accreditation body 
 27.32  designated by the board; and 
 27.33     (6) not engaged in conduct that was or would be in 
 27.34  violation of the standards of practice specified in sections 
 27.35  148D.195 to 148D.240.  If the applicant has engaged in conduct 
 27.36  that was or would be in violation of the standards of practice, 
 28.1   the board may take action pursuant to sections 148D.255 to 
 28.2   148D.270. 
 28.3      Subd. 2.  [EMERGENCY SITUATIONS AND PERSONS CURRENTLY 
 28.4   LICENSED IN ANOTHER JURISDICTION.] The board may issue a 
 28.5   temporary license to practice social work to an applicant who is 
 28.6   licensed or credentialed to practice social work in another 
 28.7   jurisdiction, may or may not have applied for a license under 
 28.8   section 148D.055, and has: 
 28.9      (1) applied for a temporary license on a form provided by 
 28.10  the board; 
 28.11     (2) submitted a form provided by the board authorizing the 
 28.12  board to complete a criminal background check; 
 28.13     (3) submitted evidence satisfactory to the board that the 
 28.14  applicant is currently licensed or credentialed to practice 
 28.15  social work in another jurisdiction; 
 28.16     (4) attested on a form provided by the board that the 
 28.17  applicant has completed the requirements for a baccalaureate or 
 28.18  graduate degree in social work from a program accredited by the 
 28.19  Council on Social Work Education, the Canadian Association of 
 28.20  Schools of Social Work, or a similar accreditation body 
 28.21  designated by the board; and 
 28.22     (5) not engaged in conduct that was or would be in 
 28.23  violation of the standards of practice specified in sections 
 28.24  148D.195 to 148D.240.  If the applicant has engaged in conduct 
 28.25  that was or would be in violation of the standards of practice, 
 28.26  the board may take action pursuant to sections 148D.255 to 
 28.27  148D.270. 
 28.28     Subd. 3.  [TEACHERS.] The board may issue a temporary 
 28.29  license to practice social work to an applicant whose permanent 
 28.30  residence is outside the United States, who is teaching social 
 28.31  work at an academic institution in Minnesota for a period not to 
 28.32  exceed 12 months, who may or may not have applied for a license 
 28.33  under section 148D.055, and who has: 
 28.34     (1) applied for a temporary license on a form provided by 
 28.35  the board; 
 28.36     (2) submitted a form provided by the board authorizing the 
 29.1   board to complete a criminal background check; 
 29.2      (3) attested on a form provided by the board that the 
 29.3   applicant has completed the requirements for a baccalaureate or 
 29.4   graduate degree in social work; and 
 29.5      (4) has not engaged in conduct that was or would be in 
 29.6   violation of the standards of practice specified in sections 
 29.7   148D.195 to 148D.240.  If the applicant has engaged in conduct 
 29.8   that was or would be in violation of the standards of practice, 
 29.9   the board may take action pursuant to sections 148D.255 to 
 29.10  148D.270. 
 29.11     Subd. 4.  [TEMPORARY LICENSE APPLICATION FEE.] An applicant 
 29.12  for a temporary license must pay the application fee described 
 29.13  in section 148D.180 plus the required fee for the cost of the 
 29.14  criminal background check.  Only one fee for the cost of the 
 29.15  criminal background check must be submitted when the applicant 
 29.16  is applying for both a temporary license and a license under 
 29.17  section 148D.055. 
 29.18     Subd. 5.  [TEMPORARY LICENSE TERM.] (a) A temporary license 
 29.19  is valid until expiration, or until the board issues or denies 
 29.20  the license pursuant to section 148D.055, or until the board 
 29.21  revokes the temporary license, whichever comes first.  A 
 29.22  temporary license is nonrenewable. 
 29.23     (b) A temporary license issued pursuant to subdivision 1 or 
 29.24  2 expires after six months. 
 29.25     (c) A temporary license issued pursuant to subdivision 3 
 29.26  expires after 12 months. 
 29.27     Subd. 6.  [LICENSEE WITH A TEMPORARY LICENSE WHO HAS 
 29.28  COMPLETED REQUIREMENTS FOR A BACCALAUREATE DEGREE.] A licensee 
 29.29  with a temporary license who has provided evidence to the board 
 29.30  that the licensee has completed the requirements for a 
 29.31  baccalaureate degree in social work from a program accredited by 
 29.32  the Council on Social Work Education, the Canadian Association 
 29.33  of Schools of Social Work, or a similar accreditation body 
 29.34  designated by the board may temporarily engage in social work 
 29.35  practice except that a licensee with a temporary license may not 
 29.36  engage in clinical social work practice. 
 30.1      Subd. 7.  [LICENSEE WITH A TEMPORARY LICENSE WHO HAS 
 30.2   COMPLETED REQUIREMENTS FOR A GRADUATE DEGREE.] A licensee with a 
 30.3   temporary license who has provided evidence to the board that 
 30.4   the licensee has completed the requirements for a graduate 
 30.5   degree in social work from a program accredited by the Council 
 30.6   on Social Work Education, the Canadian Association of Schools of 
 30.7   Social Work, or a similar accreditation body designated by the 
 30.8   board may temporarily engage in social work practice, including 
 30.9   clinical practice. 
 30.10     Subd. 8.  [SUPERVISION REQUIREMENTS.] (a) Except as 
 30.11  provided in paragraph (b), an applicant who is not currently 
 30.12  licensed or credentialed to practice social work in another 
 30.13  jurisdiction and who obtains a temporary license may practice 
 30.14  social work only under the supervision of an individual licensed 
 30.15  as a social worker who is eligible to provide supervision under 
 30.16  sections 148D.100 to 148D.125.  Before the applicant is approved 
 30.17  for licensure, the applicant's supervisor must attest to the 
 30.18  board's satisfaction that the applicant has practiced social 
 30.19  work under supervision.  This supervision applies toward the 
 30.20  supervision required after licensure. 
 30.21     (b) If an applicant is currently licensed or credentialed 
 30.22  to practice social work in another jurisdiction, and receives a 
 30.23  temporary license pursuant to subdivision 3, the requirements 
 30.24  specified in paragraph (a) do not apply.  However, if an 
 30.25  applicant with a temporary license chooses to practice social 
 30.26  work under supervision, the supervision applies to the 
 30.27  requirements specified in sections 148D.100 to 148D.125. 
 30.28     Subd. 9.  [PROHIBITION ON PRACTICE.] An applicant for a 
 30.29  temporary license must not practice social work in Minnesota, 
 30.30  except as provided in section 148D.065, until the applicant has 
 30.31  been granted a temporary license. 
 30.32     Subd. 10.  [REPRESENTATION OF PROFESSIONAL STATUS.] In 
 30.33  making representations of professional status to the public, a 
 30.34  licensee with a temporary license must state that the licensee 
 30.35  has a temporary license. 
 30.36     Subd. 11.  [STANDARDS OF PRACTICE.] A licensee with a 
 31.1   temporary license must conduct all professional activities as a 
 31.2   social worker in accordance with the requirements of sections 
 31.3   148D.195 to 148D.240. 
 31.4      Subd. 12.  [INELIGIBILITY.] An applicant who is currently 
 31.5   practicing social work in Minnesota in a setting that is not 
 31.6   exempt under section 148D.065 at the time of application is 
 31.7   ineligible for a temporary license. 
 31.8      Subd. 13.  [REVOCATION OF TEMPORARY LICENSE.] The board may 
 31.9   immediately revoke the temporary license of any licensee who 
 31.10  violates any requirements of this section.  The revocation must 
 31.11  be made for cause, without notice or opportunity to be heard.  A 
 31.12  licensee whose temporary license is revoked must immediately 
 31.13  return the temporary license to the board. 
 31.14     Sec. 18.  [148D.065] [EXEMPTIONS.] 
 31.15     Subdivision 1.  [OTHER PROFESSIONALS.] Nothing in this 
 31.16  chapter may be construed to prevent members of other professions 
 31.17  or occupations from performing functions for which they are 
 31.18  qualified or licensed.  This exception includes but is not 
 31.19  limited to:  licensed physicians, registered nurses, licensed 
 31.20  practical nurses, licensed psychologists, psychological 
 31.21  practitioners, probation officers, members of the clergy and 
 31.22  Christian Science practitioners, attorneys, marriage and family 
 31.23  therapists, alcohol and drug counselors, professional 
 31.24  counselors, school counselors, and registered occupational 
 31.25  therapists or certified occupational therapist assistants.  
 31.26  These persons must not, however, hold themselves out to the 
 31.27  public by any title or description stating or implying that they 
 31.28  are engaged in the practice of social work, or that they are 
 31.29  licensed to engage in the practice of social work.  Persons 
 31.30  engaged in the practice of social work are not exempt from the 
 31.31  board's jurisdiction solely by the use of one of the titles in 
 31.32  this subdivision. 
 31.33     Subd. 2.  [STUDENTS.] An internship, externship, or any 
 31.34  other social work experience that is required for the completion 
 31.35  of an accredited program of social work does not constitute the 
 31.36  practice of social work under this chapter. 
 32.1      Subd. 3.  [GEOGRAPHIC WAIVER.] A geographic waiver may be 
 32.2   granted by the board on a case-by-case basis to agencies with 
 32.3   special regional hiring problems.  The waiver is for the purpose 
 32.4   of permitting agencies to hire individuals who do not meet the 
 32.5   qualifications of section 148D.055 or 148D.060 to practice 
 32.6   social work. 
 32.7      Subd. 4.  [CITY, COUNTY, AND STATE AGENCY SOCIAL 
 32.8   WORKERS.] The licensure of city, county, and state agency social 
 32.9   workers is voluntary.  City, county, and state agencies 
 32.10  employing social workers are not required to employ licensed 
 32.11  social workers. 
 32.12     Subd. 5.  [FEDERALLY RECOGNIZED TRIBES AND PRIVATE 
 32.13  NONPROFIT AGENCIES WITH A MINORITY FOCUS.] The licensure of 
 32.14  social workers who are employed by federally recognized tribes, 
 32.15  or by private nonprofit agencies whose primary service focus 
 32.16  addresses ethnic minority populations, and who are themselves 
 32.17  members of ethnic minority populations within those agencies, is 
 32.18  voluntary. 
 32.19     Sec. 19.  [148D.070] [LICENSE RENEWALS.] 
 32.20     Subdivision 1.  [LICENSE RENEWAL TERM.] (a) If a license is 
 32.21  renewed, the license must be renewed for a two-year renewal 
 32.22  term.  The renewal term is the period from the effective date of 
 32.23  an initial or renewed license to the expiration date of the 
 32.24  license. 
 32.25     (b) The effective date of a renewed license is the day 
 32.26  following the expiration date of the expired license. 
 32.27     (c) The expiration date of a renewed license is the last 
 32.28  day of the licensee's birth month in the second calendar year 
 32.29  following the effective date of the renewed license. 
 32.30     Subd. 2.  [MAILING LICENSE RENEWAL NOTICES.] The board must 
 32.31  mail a notice for license renewal to a licensee at least 45 days 
 32.32  before the expiration date of the license.  Mailing the notice 
 32.33  by United States mail to the licensee's last known mailing 
 32.34  address constitutes valid mailing.  Failure to receive the 
 32.35  renewal notice does not relieve a licensee of the obligation to 
 32.36  renew a license and to pay the renewal fee. 
 33.1      Subd. 3.  [SUBMITTING LICENSE RENEWAL APPLICATIONS.] (a) In 
 33.2   order to renew a license, a licensee must submit: 
 33.3      (1) a completed, signed application for license renewal; 
 33.4   and 
 33.5      (2) the applicable renewal fee specified in section 
 33.6   148D.180. 
 33.7   The completed, signed application and renewal fee must be 
 33.8   received by the board prior to midnight of the day of the 
 33.9   license expiration date.  For renewals submitted electronically, 
 33.10  a "signed application" means providing an attestation as 
 33.11  specified by the board. 
 33.12     (b) An application which is not completed and signed, or 
 33.13  which is not accompanied by the correct fee, must be returned to 
 33.14  the applicant, along with any fee submitted, and is void. 
 33.15     (c) The completed, signed application must include 
 33.16  documentation that the licensee has met the continuing education 
 33.17  requirements specified in sections 148D.130 to 148D.170 and, if 
 33.18  applicable, the supervised practice requirements specified in 
 33.19  sections 148D.100 to 148D.125.  
 33.20     (d) By submitting a renewal application, an applicant 
 33.21  authorizes the board to: 
 33.22     (1) investigate any information provided or requested in 
 33.23  the application.  The board may request that the applicant 
 33.24  provide additional information, verification, or documentation; 
 33.25     (2) conduct an audit to determine if the applicant has met 
 33.26  the continuing education requirements specified in sections 
 33.27  148D.130 to 148D.170; and 
 33.28     (3) if applicable, conduct an audit to determine whether 
 33.29  the applicant has met the supervision requirements specified in 
 33.30  sections 148D.100 to 148D.125. 
 33.31     (e) If a licensee's application for license renewal meets 
 33.32  the requirements specified in paragraph (a), the licensee may 
 33.33  continue to practice after the license expiration date until the 
 33.34  board approves or denies the application. 
 33.35     Subd. 4.  [RENEWAL LATE FEE.] An application that is 
 33.36  received after the license expiration date must be accompanied 
 34.1   by the renewal late fee specified in section 148D.180 in 
 34.2   addition to the applicable renewal fee.  The application, 
 34.3   renewal fee, and renewal late fee must be received by the board 
 34.4   within 60 days of the license expiration date, or the license 
 34.5   automatically expires. 
 34.6      Subd. 5.  [EXPIRED LICENSE.] (a) If an application does not 
 34.7   meet the requirements specified in subdivisions 3 and 4, the 
 34.8   license automatically expires.  A licensee whose license has 
 34.9   expired may reactivate a license by meeting the requirements in 
 34.10  section 148D.080 or be relicensed by meeting the requirements 
 34.11  specified in section 148D.055. 
 34.12     (b) The board may take action pursuant to sections 148D.255 
 34.13  to 148D.270 based on a licensee's conduct before the expiration 
 34.14  of the license. 
 34.15     (c) An expired license may be reactivated within one year 
 34.16  of the expiration date specified in section 148D.080.  After one 
 34.17  year of the expiration date, an individual may apply for a new 
 34.18  license pursuant to section 148D.055.  
 34.19     Sec. 20.  [148D.075] [INACTIVE LICENSES.] 
 34.20     Subdivision 1.  [INACTIVE STATUS.] (a) A licensee qualifies 
 34.21  for inactive status under either of the circumstances described 
 34.22  in paragraph (b) or (c). 
 34.23     (b) A licensee qualifies for inactive status when the 
 34.24  licensee is granted temporary leave from active practice.  A 
 34.25  licensee qualifies for temporary leave from active practice if 
 34.26  the licensee demonstrates to the satisfaction of the board that 
 34.27  the licensee is not engaged in the practice of social work in 
 34.28  any setting, including settings in which social workers are 
 34.29  exempt from licensure pursuant to section 148D.065.  A licensee 
 34.30  who is granted temporary leave from active practice may 
 34.31  reactivate the license pursuant to section 148D.080. 
 34.32     (c) A licensee qualifies for inactive status when a 
 34.33  licensee is granted an emeritus license.  A licensee qualifies 
 34.34  for an emeritus license if the licensee demonstrates to the 
 34.35  satisfaction of the board that: 
 34.36     (i) the licensee is retired from social work practice; and 
 35.1      (ii) the licensee is not engaged in the practice of social 
 35.2   work in any setting, including settings in which social workers 
 35.3   are exempt from licensure pursuant to section 148D.065. 
 35.4   A licensee who possesses an emeritus license may reactivate the 
 35.5   license pursuant to section 148D.080. 
 35.6      Subd. 2.  [APPLICATION.] A licensee may apply for inactive 
 35.7   status: 
 35.8      (1) at any time by submitting an application for a 
 35.9   temporary leave from active practice or for an emeritus license; 
 35.10  or 
 35.11     (2) as an alternative to applying for the renewal of a 
 35.12  license by so recording on the application for license renewal 
 35.13  and submitting the completed, signed application to the board.  
 35.14     An application that is not completed or signed, or that is 
 35.15  not accompanied by the correct fee, must be returned to the 
 35.16  applicant, along with any fee submitted, and is void.  For 
 35.17  applications submitted electronically, a "signed application" 
 35.18  means providing an attestation as specified by the board. 
 35.19     Subd. 3.  [FEE.] (a) Regardless of when the application for 
 35.20  inactive status is submitted, the temporary leave or emeritus 
 35.21  license fee specified in section 148D.180, whichever is 
 35.22  applicable, must accompany the application.  A licensee who is 
 35.23  approved for inactive status before the license expiration date 
 35.24  is not entitled to receive a refund for any portion of the 
 35.25  license or renewal fee. 
 35.26     (b) If an application for temporary leave is received after 
 35.27  the license expiration date, the licensee must pay a renewal 
 35.28  late fee as specified in section 148D.180 in addition to the 
 35.29  temporary leave fee. 
 35.30     Subd. 4.  [TIME LIMITS FOR TEMPORARY LEAVES.] A licensee 
 35.31  may maintain an inactive license on temporary leave for no more 
 35.32  than five consecutive years.  If a licensee does not apply for 
 35.33  reactivation within 60 days following the end of the consecutive 
 35.34  five-year period, the license automatically expires. 
 35.35     Subd. 5.  [TIME LIMITS FOR AN EMERITUS LICENSE.] A licensee 
 35.36  with an emeritus license may not apply for reactivation pursuant 
 36.1   to section 148D.080 after five years following the granting of 
 36.2   the emeritus license.  However, after five years following the 
 36.3   granting of the emeritus license, an individual may apply for 
 36.4   new licensure pursuant to section 148D.055. 
 36.5      Subd. 6.  [PROHIBITION ON PRACTICE.] (a) Except as provided 
 36.6   in paragraph (b), a licensee whose license is inactive must not 
 36.7   practice, attempt to practice, offer to practice, or advertise 
 36.8   or hold out as authorized to practice social work. 
 36.9      (b) The board may grant a variance to the requirements of 
 36.10  paragraph (a) if a licensee on inactive status provides 
 36.11  emergency social work services.  A variance is granted only if 
 36.12  the board provides the variance in writing to the licensee.  The 
 36.13  board may impose conditions or restrictions on the variance. 
 36.14     Subd. 7.  [REPRESENTATIONS OF PROFESSIONAL STATUS.] In 
 36.15  making representations of professional status to the public, a 
 36.16  licensee whose license is inactive must state that the license 
 36.17  is inactive and that the licensee cannot practice social work. 
 36.18     Subd. 8.  [DISCIPLINARY OR OTHER ACTION.] The board may 
 36.19  resolve any pending complaints against a licensee before 
 36.20  approving an application for inactive status.  The board may 
 36.21  take action pursuant to sections 148D.255 to 148D.270 against a 
 36.22  licensee whose license is inactive based on conduct occurring 
 36.23  before the license is inactive or conduct occurring while the 
 36.24  license is inactive. 
 36.25     Sec. 21.  [148D.080] [REACTIVATIONS.] 
 36.26     Subdivision 1.  [MAILING NOTICES TO LICENSEES ON TEMPORARY 
 36.27  LEAVE.] The board must mail a notice for reactivation to a 
 36.28  licensee on temporary leave at least 45 days before the 
 36.29  expiration date of the license pursuant to section 148D.075, 
 36.30  subdivision 4.  Mailing the notice by United States mail to the 
 36.31  licensee's last known mailing address constitutes valid 
 36.32  mailing.  Failure to receive the reactivation notice does not 
 36.33  relieve a licensee of the obligation to comply with the 
 36.34  provisions of this section to reactivate a license. 
 36.35     Subd. 2.  [REACTIVATION FROM A TEMPORARY LEAVE OR EMERITUS 
 36.36  STATUS.] To reactivate a license from a temporary leave or 
 37.1   emeritus status, a licensee must do the following within the 
 37.2   time period specified in section 148D.075, subdivisions 4 and 5: 
 37.3      (1) complete an application form specified by the board; 
 37.4      (2) document compliance with the continuing education 
 37.5   requirements specified in subdivision 4; 
 37.6      (3) submit a supervision plan, if required; 
 37.7      (4) pay the reactivation of an inactive licensee fee 
 37.8   specified in section 148D.180; and 
 37.9      (5) pay the wall certificate fee in accordance with section 
 37.10  148D.095, subdivision 1, paragraph (b) or (c), if the licensee 
 37.11  needs a duplicate license. 
 37.12     Subd. 3.  [REACTIVATION OF AN EXPIRED LICENSE.] To 
 37.13  reactivate an expired license, a licensee must do the following 
 37.14  within one year of the expiration date: 
 37.15     (1) complete an application form specified by the board; 
 37.16     (2) document compliance with the continuing education 
 37.17  requirements that were in effect at the time the license 
 37.18  expired; 
 37.19     (3) document compliance with the supervision requirements, 
 37.20  if applicable, that were in effect at the time the license 
 37.21  expired; and 
 37.22     (4) pay the reactivation of an expired license fee 
 37.23  specified in section 148D.180. 
 37.24     Subd. 4.  [CONTINUING EDUCATION REQUIREMENTS.] (a) A 
 37.25  licensee who is on temporary leave or who has an emeritus 
 37.26  license must obtain the continuing education hours that would be 
 37.27  required if the license was active.  At the time of 
 37.28  reactivation, the licensee must document compliance with the 
 37.29  continuing education requirements specified in sections 148D.130 
 37.30  to 148D.170. 
 37.31     (b) A licensee applying for reactivation pursuant to 
 37.32  subdivision 2 or 3 may apply for a variance to the continuing 
 37.33  education requirements pursuant to sections 148D.130 to 148D.170.
 37.34     Subd. 5.  [REACTIVATION OF A VOLUNTARILY TERMINATED 
 37.35  LICENSE.] To reactivate a voluntarily terminated license, a 
 37.36  licensee must do the following within one year of the date the 
 38.1   voluntary termination takes effect: 
 38.2      (1) complete an application form specified by the board; 
 38.3      (2) document compliance with the continued education 
 38.4   requirements that were in effect at the time the license was 
 38.5   voluntarily terminated; 
 38.6      (3) document compliance with the supervision requirements, 
 38.7   if applicable, that were in effect at the time the license was 
 38.8   voluntarily terminated; and 
 38.9      (4) pay the reactivation of an expired or voluntarily 
 38.10  terminated license fee specified in section 148D.180. 
 38.11     Sec. 22.  [148D.085] [VOLUNTARY TERMINATIONS.] 
 38.12     Subdivision 1.  [REQUESTS FOR VOLUNTARY TERMINATION.] (a) A 
 38.13  licensee may request voluntary termination of a license if the 
 38.14  licensee demonstrates to the satisfaction of the board that the 
 38.15  licensee is not engaged in the practice of social work in any 
 38.16  setting except settings in which social workers are exempt from 
 38.17  licensure pursuant to section 148D.065. 
 38.18     (b) A licensee may apply for voluntary termination: 
 38.19     (1) at any time by submitting an application; or 
 38.20     (2) as an alternative to applying for the renewal of a 
 38.21  license by so recording on the application for license renewal 
 38.22  and submitting the completed, signed application to the board.  
 38.23  For applications submitted electronically, a "signed 
 38.24  application" means providing an attestation as specified by the 
 38.25  board.  An application that is not completed and signed must be 
 38.26  returned to the applicant and is void. 
 38.27     (c) The board may resolve any pending complaints against a 
 38.28  licensee before approving a request for voluntary termination. 
 38.29     Subd. 2.  [APPLICATION FOR NEW LICENSURE.] A licensee who 
 38.30  has voluntarily terminated a license may not reactivate the 
 38.31  license after one year following the date the voluntary 
 38.32  termination takes effect.  However, a licensee who has 
 38.33  voluntarily terminated a license may apply for a new license 
 38.34  pursuant to section 148D.055. 
 38.35     Subd. 3.  [PROHIBITION ON PRACTICE.] A licensee who has 
 38.36  voluntarily terminated a license must not practice, attempt to 
 39.1   practice, offer to practice, or advertise or hold out as 
 39.2   authorized to practice social work, except when the individual 
 39.3   is exempt from licensure pursuant to section 148D.065. 
 39.4      Subd. 4.  [DISCIPLINARY OR OTHER ACTION.] The board may 
 39.5   take action pursuant to sections 148D.255 to 148D.270 against a 
 39.6   licensee whose license has been terminated based on conduct 
 39.7   occurring before the license is terminated or for practicing 
 39.8   social work without a license. 
 39.9      Sec. 23.  [148D.090] [NAME; CHANGE OF NAME OR ADDRESS.] 
 39.10     Subdivision 1.  [NAME.] A licensee must use the licensee's 
 39.11  legal name or a professional name.  If the licensee uses a 
 39.12  professional name, the licensee must inform the board in writing 
 39.13  of both the licensee's professional name and legal name and must 
 39.14  comply with the requirements of this section. 
 39.15     Subd. 2.  [LEGAL NAME CHANGE.] Within 30 days after 
 39.16  changing the licensee's legal name, a licensee must: 
 39.17     (1) request a new license wall certificate; 
 39.18     (2) provide legal verification of the name change; and 
 39.19     (3) pay the license wall certificate fee specified in 
 39.20  section 148D.180. 
 39.21     Subd. 3.  [PROFESSIONAL NAME CHANGE.] Within 30 days after 
 39.22  changing the licensee's professional name, a licensee must: 
 39.23     (1) request a new license wall certificate; 
 39.24     (2) provide a notarized statement attesting to the name 
 39.25  change; and 
 39.26     (3) pay the license wall certificate fee specified in 
 39.27  section 148D.180. 
 39.28     Subd. 4.  [ADDRESS OR TELEPHONE CHANGE.] When a licensee 
 39.29  changes a mailing address, home address, work address, e-mail 
 39.30  address, or daytime public telephone number, the licensee must 
 39.31  notify the board of the change electronically or in writing no 
 39.32  more than 30 days after the date of the change. 
 39.33     Sec. 24.  [148D.095] [LICENSE CERTIFICATE OR CARD.] 
 39.34     Subdivision 1.  [LICENSE WALL CERTIFICATE.] (a) The board 
 39.35  must issue a new license wall certificate when the board issues 
 39.36  a new license.  No fee in addition to the applicable license fee 
 40.1   specified in section 148D.180 is required. 
 40.2      (b) The board must replace a license wall certificate when: 
 40.3      (1) a licensee submits an affidavit to the board that the 
 40.4   original license wall certificate was lost, stolen, or 
 40.5   destroyed; and 
 40.6      (2) the licensee submits the license wall certificate fee 
 40.7   specified in section 148D.180. 
 40.8      (c) The board must issue a revised license wall certificate 
 40.9   when: 
 40.10     (1) a licensee requests a revised license wall certificate 
 40.11  pursuant to section 148D.095; and 
 40.12     (2) submits the license wall certificate fee specified in 
 40.13  section 148D.180. 
 40.14     (d) The board must issue an additional license wall 
 40.15  certificate when: 
 40.16     (1) a licensee submits a written request for a new 
 40.17  certificate because the licensee practices in more than one 
 40.18  location; and 
 40.19     (2) the licensee submits the license wall certificate fee 
 40.20  specified in section 148D.180. 
 40.21     Subd. 2.  [LICENSE CARD.] (a) The board must issue a new 
 40.22  license card when the board issues a new license.  No fee in 
 40.23  addition to the applicable license fee specified in section 
 40.24  148D.180 is required. 
 40.25     (b) The board must replace a license card when a licensee 
 40.26  submits: 
 40.27     (1) an affidavit to the board that the original license 
 40.28  card was lost, stolen, or destroyed; and 
 40.29     (2) the license card fee specified in section 148D.180. 
 40.30     (c) The board must issue a revised license card when the 
 40.31  licensee submits a written request for a new license wall 
 40.32  certificate because of a new professional or legal name pursuant 
 40.33  to section 148D.090, subdivision 2 or 3.  No fee in addition to 
 40.34  the one specified in subdivision 1, paragraph (b), is required. 
 40.35     Sec. 25.  [148D.100] [LICENSED SOCIAL WORKERS; SUPERVISED 
 40.36  PRACTICE.] 
 41.1      Subdivision 1.  [SUPERVISION REQUIRED AFTER LICENSURE.] 
 41.2   After receiving a license from the board as a licensed social 
 41.3   worker, the licensed social worker must obtain at least 75 hours 
 41.4   of supervision in accordance with the requirements of this 
 41.5   section. 
 41.6      Subd. 2.  [PRACTICE REQUIREMENTS.] The supervision required 
 41.7   by subdivision 1 must be obtained during the first 4,000 hours 
 41.8   of postbaccalaureate social work practice authorized by law.  At 
 41.9   least three hours of supervision must be obtained during every 
 41.10  160 hours of practice. 
 41.11     Subd. 3.  [TYPES OF SUPERVISION.] (a) Thirty-seven and 
 41.12  one-half hours of the supervision required by subdivision 1 must 
 41.13  consist of one-on-one in-person supervision. 
 41.14     (b) Thirty-seven and one-half hours must consist of one or 
 41.15  more of the following types of supervision, subject to the 
 41.16  limitation in clause (3): 
 41.17     (1) one-on-one in-person supervision; 
 41.18     (2) in-person group supervision; or 
 41.19     (3) electronic supervision such as by telephone or video 
 41.20  conferencing, provided that electronic supervision must not 
 41.21  exceed 25 hours. 
 41.22     (c) To qualify as in-person group supervision, the group 
 41.23  must not exceed seven members including the supervisor. 
 41.24     Subd. 4.  [SUPERVISOR REQUIREMENTS.] The supervision 
 41.25  required by subdivision 1 must be provided by a supervisor who: 
 41.26     (1) is a licensed social worker who has completed the 
 41.27  supervised practice requirements; 
 41.28     (2) is a licensed graduate social worker, licensed 
 41.29  independent social worker, or licensed independent clinical 
 41.30  social worker; or 
 41.31     (3) meets the requirements specified in section 148D.120, 
 41.32  subdivision 2. 
 41.33     Subd. 5.  [SUPERVISEE REQUIREMENTS.] The supervisee must: 
 41.34     (1) to the satisfaction of the supervisor, practice 
 41.35  competently and ethically in accordance with professional social 
 41.36  work knowledge, skills, and values; 
 42.1      (2) receive supervision in the following content areas:  
 42.2      (i) development of professional values and 
 42.3   responsibilities; 
 42.4      (ii) practice skills; 
 42.5      (iii) authorized scope of practice; 
 42.6      (iv) ensuring continuing competence; and 
 42.7      (v) ethical standards of practice; 
 42.8      (3) submit a supervision plan in accordance with section 
 42.9   148D.125, subdivision 1; and 
 42.10     (4) if the board audits the supervisee's supervised 
 42.11  practice, submit verification of supervised practice in 
 42.12  accordance with section 148D.125, subdivision 3. 
 42.13     Subd. 6.  [AFTER COMPLETION OF SUPERVISION REQUIREMENTS.] A 
 42.14  licensed social worker who fulfills the supervision requirements 
 42.15  specified in subdivisions 1 to 5 is not required to be 
 42.16  supervised after completion of the supervision requirements. 
 42.17     Subd. 7.  [ATTESTATION.] The social worker and the social 
 42.18  worker's supervisor must attest that the supervisee has met or 
 42.19  has made progress on meeting the applicable supervision 
 42.20  requirements in accordance with section 148D.125, subdivision 2. 
 42.21     Sec. 26.  [148D.105] [LICENSED GRADUATE SOCIAL WORKERS; 
 42.22  SUPERVISED PRACTICE.] 
 42.23     Subdivision 1.  [SUPERVISION REQUIRED AFTER 
 42.24  LICENSURE.] After receiving a license from the board as a 
 42.25  licensed graduate social worker, a licensed graduate social 
 42.26  worker must obtain at least 75 hours of supervision in 
 42.27  accordance with the requirements of this section. 
 42.28     Subd. 2.  [PRACTICE REQUIREMENTS.] The supervision required 
 42.29  by subdivision 1 must be obtained during the first 4,000 hours 
 42.30  of postgraduate social work practice authorized by law.  At 
 42.31  least three hours of supervision must be obtained during every 
 42.32  160 hours of practice. 
 42.33     Subd. 3.  [TYPES OF SUPERVISION.] (a) Thirty-seven and 
 42.34  one-half hours of the supervision required by subdivision 1 must 
 42.35  consist of one-on-one in-person supervision. 
 42.36     (b) Thirty-seven and one-half hours must consist of one or 
 43.1   more of the following types of supervision, subject to the 
 43.2   limitation in clause (3): 
 43.3      (1) one-on-one in-person supervision; 
 43.4      (2) in-person group supervision; or 
 43.5      (3) electronic supervision such as by telephone or video 
 43.6   conferencing, provided that electronic supervision must not 
 43.7   exceed 25 hours. 
 43.8      (c) To qualify as in-person group supervision, the group 
 43.9   must not exceed seven members including the supervisor. 
 43.10     Subd. 4.  [SUPERVISOR REQUIREMENTS.] The supervision 
 43.11  required by subdivision 1 must be provided by a supervisor who 
 43.12  meets the requirements specified in section 148D.120.  The 
 43.13  supervision must be provided: 
 43.14     (1) if the supervisee is not engaged in clinical practice, 
 43.15  by a (i) licensed independent social worker, (ii) licensed 
 43.16  graduate social worker who has completed the supervised practice 
 43.17  requirements, or (iii) licensed independent clinical social 
 43.18  worker; 
 43.19     (2) if the supervisee is engaged in clinical practice, by a 
 43.20  licensed independent clinical social worker; or 
 43.21     (3) by a supervisor who meets the requirements specified in 
 43.22  section 148D.120, subdivision 2. 
 43.23     Subd. 5.  [SUPERVISEE REQUIREMENTS.] The supervisee must: 
 43.24     (1) to the satisfaction of the supervisor, practice 
 43.25  competently and ethically in accordance with professional social 
 43.26  work knowledge, skills, and values; 
 43.27     (2) receive supervision in the following content areas:  
 43.28     (i) development of professional values and 
 43.29  responsibilities; 
 43.30     (ii) practice skills; 
 43.31     (iii) authorized scope of practice; 
 43.32     (iv) ensuring continuing competence; and 
 43.33     (v) ethical standards of practice; 
 43.34     (3) submit a supervision plan in accordance with section 
 43.35  148D.125, subdivision 1; and 
 43.36     (4) verify supervised practice in accordance with section 
 44.1   148D.125, subdivision 3, if: 
 44.2      (i) the board audits the supervisee's supervised practice; 
 44.3   or 
 44.4      (ii) a licensed graduate social worker applies for a 
 44.5   licensed independent social worker or licensed independent 
 44.6   clinical social worker license. 
 44.7      Subd. 6.  [LICENSED GRADUATE SOCIAL WORKERS WHO PRACTICE 
 44.8   CLINICAL SOCIAL WORK.] (a) A licensed graduate social worker 
 44.9   must not engage in clinical social work practice except under 
 44.10  supervision by a licensed independent clinical social worker or 
 44.11  an alternate supervisor designated pursuant to section 148D.120, 
 44.12  subdivision 2. 
 44.13     (b) Except as provided in paragraph (c), a licensed 
 44.14  graduate social worker must not engage in clinical social work 
 44.15  practice under supervision for more than 8,000 hours.  In order 
 44.16  to practice clinical social work for more than 8,000 hours, a 
 44.17  licensed graduate social worker must obtain a licensed 
 44.18  independent clinical social worker license. 
 44.19     (c) Notwithstanding the requirements of paragraph (b), the 
 44.20  board may grant a licensed graduate social worker permission to 
 44.21  engage in clinical social work practice for more than 8,000 
 44.22  hours if the licensed graduate social worker petitions the board 
 44.23  and demonstrates to the board's satisfaction that for reasons of 
 44.24  personal hardship the licensed graduate social worker should be 
 44.25  granted an extension to continue practicing clinical social work 
 44.26  under supervision for up to an additional 2,000 hours. 
 44.27     (d) Upon completion of 4,000 hours of clinical social work 
 44.28  practice and 75 hours of supervision in accordance with the 
 44.29  requirements of this section, a licensed graduate social worker 
 44.30  is eligible to apply for a licensed independent clinical social 
 44.31  worker license pursuant to section 148D.115, subdivision 1. 
 44.32     Subd. 7.  [LICENSED GRADUATE SOCIAL WORKERS WHO DO NOT 
 44.33  PRACTICE CLINICAL SOCIAL WORK.] A licensed graduate social 
 44.34  worker who fulfills the supervision requirements specified in 
 44.35  subdivisions 1 to 5, and who does not practice clinical social 
 44.36  work, is not required to be supervised after completion of the 
 45.1   supervision requirements. 
 45.2      Subd. 8.  [ATTESTATION.] A social worker and the social 
 45.3   worker's supervisor must attest that the supervisee has met or 
 45.4   has made progress on meeting the applicable supervision 
 45.5   requirements in accordance with section 148D.125, subdivision 2. 
 45.6      Sec. 27.  [148D.110] [LICENSED INDEPENDENT SOCIAL WORKERS; 
 45.7   SUPERVISED PRACTICE.] 
 45.8      Subdivision 1.  [SUPERVISION REQUIRED BEFORE 
 45.9   LICENSURE.] Before becoming licensed as a licensed independent 
 45.10  social worker, a person must have obtained at least 75 hours of 
 45.11  supervision during 4,000 hours of postgraduate social work 
 45.12  practice authorized by law in accordance with the requirements 
 45.13  of section 148D.105, subdivisions 3, 4, and 5.  At least three 
 45.14  hours of supervision must be obtained during every 160 hours of 
 45.15  practice. 
 45.16     Subd. 2.  [LICENSED INDEPENDENT SOCIAL WORKERS WHO PRACTICE 
 45.17  CLINICAL SOCIAL WORK AFTER LICENSURE.] (a) After licensure, a 
 45.18  licensed independent social worker must not engage in clinical 
 45.19  social work practice except under supervision by a licensed 
 45.20  independent clinical social worker or an alternate supervisor 
 45.21  designated pursuant to section 148D.120, subdivision 2. 
 45.22     (b) Except as provided in paragraph (c), a licensed 
 45.23  independent social worker must not engage in clinical social 
 45.24  work practice under supervision for more than 8,000 hours.  In 
 45.25  order to practice clinical social work for more than 8,000 
 45.26  hours, a licensed independent social worker must obtain a 
 45.27  licensed independent clinical social worker license. 
 45.28     (c) Notwithstanding the requirements of paragraph (b), the 
 45.29  board may grant a licensed independent social worker permission 
 45.30  to engage in clinical social work practice for more than 8,000 
 45.31  hours if the licensed independent social worker petitions the 
 45.32  board and demonstrates to the board's satisfaction that for 
 45.33  reasons of personal hardship the licensed independent social 
 45.34  worker should be granted an extension to continue practicing 
 45.35  clinical social work under supervision for up to an additional 
 45.36  2,000 hours. 
 46.1      Subd. 3.  [LICENSED INDEPENDENT SOCIAL WORKERS WHO DO NOT 
 46.2   PRACTICE CLINICAL SOCIAL WORK AFTER LICENSURE.] After licensure, 
 46.3   a licensed independent social worker is not required to be 
 46.4   supervised if the licensed independent social worker does not 
 46.5   practice clinical social work. 
 46.6      Sec. 28.  [148D.115] [LICENSED INDEPENDENT CLINICAL SOCIAL 
 46.7   WORKERS; SUPERVISED PRACTICE.] 
 46.8      Subdivision 1.  [SUPERVISION REQUIRED BEFORE 
 46.9   LICENSURE.] Before becoming licensed as a licensed independent 
 46.10  clinical social worker, a person must have obtained at least 75 
 46.11  hours of supervision during 4,000 hours of postgraduate clinical 
 46.12  practice authorized by law in accordance with the requirements 
 46.13  of section 148D.105, subdivisions 3, 4, and 5.  At least three 
 46.14  hours of supervision must be obtained during every 160 hours of 
 46.15  practice. 
 46.16     Subd. 2.  [NO SUPERVISION REQUIRED AFTER LICENSURE.] After 
 46.17  licensure, a licensed independent clinical social worker is not 
 46.18  required to be supervised. 
 46.19     Sec. 29.  [148D.120] [REQUIREMENTS OF SUPERVISORS.] 
 46.20     Subdivision 1.  [SUPERVISORS LICENSED AS SOCIAL WORKERS.] 
 46.21  (a) Except as provided in paragraph (b), to be eligible to 
 46.22  provide supervision under this section, a social worker must 
 46.23  attest, on a form provided by the board, that he or she has met 
 46.24  the applicable licensure requirements specified in sections 
 46.25  148D.100 to 148D.115. 
 46.26     (b) If the board determines that supervision is not 
 46.27  obtainable from an individual meeting the requirements specified 
 46.28  in paragraph (a), the board may approve an alternate supervisor 
 46.29  pursuant to subdivision 2. 
 46.30     Subd. 2.  [ALTERNATE SUPERVISORS.] (a) The board may 
 46.31  approve an alternate supervisor if: 
 46.32     (1) the board determines that supervision is not obtainable 
 46.33  pursuant to paragraph (b); 
 46.34     (2) the licensee requests in the supervision plan submitted 
 46.35  pursuant to section 148D.125, subdivision 1, that an alternate 
 46.36  supervisor conduct the supervision; 
 47.1      (3) the licensee describes the proposed supervision and the 
 47.2   name and qualifications of the proposed alternate supervisor; 
 47.3   and 
 47.4      (4) the requirements of paragraph (d) are met. 
 47.5      (b) The board may determine that supervision is not 
 47.6   obtainable if: 
 47.7      (1) the licensee provides documentation as an attachment to 
 47.8   the supervision plan submitted pursuant to section 148D.125, 
 47.9   subdivision 1, that the licensee has conducted a thorough search 
 47.10  for a supervisor meeting the applicable licensure requirements 
 47.11  specified in sections 148D.100 to 148D.115; 
 47.12     (2) the licensee demonstrates to the board's satisfaction 
 47.13  that the search was unsuccessful; and 
 47.14     (3) the licensee describes the extent of the search and the 
 47.15  names and locations of the persons and organizations contacted. 
 47.16     (c) The following are not grounds for a determination that 
 47.17  supervision is unobtainable: 
 47.18     (1) obtaining a supervisor who meets the requirements of 
 47.19  subdivision 1 would present the licensee with a financial 
 47.20  hardship; 
 47.21     (2) the licensee is unable to obtain a supervisor who meets 
 47.22  the requirements of subdivision 1 within the licensee's agency 
 47.23  or organization and the agency or organization will not allow 
 47.24  outside supervision; or 
 47.25     (3) the specialized nature of the licensee's practice 
 47.26  requires supervision from a practitioner other than an 
 47.27  individual licensed as a social worker. 
 47.28     (d) An alternate supervisor must: 
 47.29     (1) be an unlicensed social worker who is employed in, and 
 47.30  provides the supervision in, a setting exempt from licensure by 
 47.31  section 148D.065, and who has qualifications equivalent to the 
 47.32  applicable requirements specified in sections 148D.100 to 
 47.33  148D.115; or 
 47.34     (2) be a licensed marriage and family therapist or a mental 
 47.35  health professional as established by section 245.462, 
 47.36  subdivision 18, or 245.4871, subdivision 27, or an equivalent 
 48.1   mental health professional, as determined by the board, who is 
 48.2   licensed or credentialed by a state, territorial, provincial, or 
 48.3   foreign licensing agency. 
 48.4      In order to qualify to provide clinical supervision of a 
 48.5   licensed graduate social worker or licensed independent social 
 48.6   worker engaged in clinical practice, the alternate supervisor 
 48.7   must be a mental health professional as established by section 
 48.8   245.462, subdivision 18, or 245.4871, subdivision 27, or an 
 48.9   equivalent mental health professional, as determined by the 
 48.10  board, who is licensed or credentialed by a state, territorial, 
 48.11  provincial, or foreign licensing agency. 
 48.12     Sec. 30.  [148D.125] [DOCUMENTATION OF SUPERVISION.] 
 48.13     Subdivision 1.  [SUPERVISION PLAN.] (a) A social worker 
 48.14  must submit, on a form provided by the board, a supervision plan 
 48.15  for meeting the supervision requirements specified in sections 
 48.16  148D.100 to 148D.120. 
 48.17     (b) The supervision plan must be submitted no later than 90 
 48.18  days after the licensee begins a social work practice position 
 48.19  after becoming licensed. 
 48.20     (c) For failure to submit the supervision plan within 90 
 48.21  days after beginning a social work practice position, a licensee 
 48.22  must pay the supervision plan late fee specified in section 
 48.23  148D.180 when the licensee applies for license renewal. 
 48.24     (d) A license renewal application submitted pursuant to 
 48.25  paragraph (a) must not be approved unless the board has received 
 48.26  a supervision plan. 
 48.27     (e) The supervision plan must include the following: 
 48.28     (1) the name of the supervisee, the name of the agency in 
 48.29  which the supervisee is being supervised, and the supervisee's 
 48.30  position title; 
 48.31     (2) the name and qualifications of the person providing the 
 48.32  supervision; 
 48.33     (3) the number of hours of one-on-one in-person supervision 
 48.34  and the number and type of additional hours of supervision to be 
 48.35  completed by the supervisee; 
 48.36     (4) the supervisee's position description; 
 49.1      (5) a brief description of the supervision the supervisee 
 49.2   will receive in the following content areas: 
 49.3      (i) clinical practice, if applicable; 
 49.4      (ii) development of professional social work knowledge, 
 49.5   skills, and values; 
 49.6      (iii) practice methods; 
 49.7      (iv) authorized scope of practice; 
 49.8      (v) ensuring continuing competence; and 
 49.9      (vi) ethical standards of practice; and 
 49.10     (6) if applicable, a detailed description of the 
 49.11  supervisee's clinical social work practice, addressing: 
 49.12     (i) the client population, the range of presenting issues, 
 49.13  and the diagnoses; 
 49.14     (ii) the clinical modalities that were utilized; and 
 49.15     (iii) the process utilized for determining clinical 
 49.16  diagnoses, including the diagnostic instruments used and the 
 49.17  role of the supervisee in the diagnostic process. 
 49.18     (f) The board must receive a revised supervision plan 
 49.19  within 90 days of any of the following changes: 
 49.20     (1) the supervisee has a new supervisor; 
 49.21     (2) the supervisee begins a new social work position; 
 49.22     (3) the scope or content of the supervisee's social work 
 49.23  practice changes substantially; 
 49.24     (4) the number of practice or supervision hours changes 
 49.25  substantially; or 
 49.26     (5) the type of supervision changes as supervision is 
 49.27  described in section 148D.100, subdivision 3, or 148D.105, 
 49.28  subdivision 3, or as required in section 148D.115, subdivision 4.
 49.29     (g) For failure to submit a revised supervised plan as 
 49.30  required in paragraph (f), a supervisee must pay the supervision 
 49.31  plan late fee specified in section 148D.180, when the supervisee 
 49.32  applies for license renewal. 
 49.33     (h) The board must approve the supervisor and the 
 49.34  supervision plan. 
 49.35     Subd. 2.  [ATTESTATION.] (a) When a supervisee submits 
 49.36  renewal application materials to the board, the supervisee and 
 50.1   supervisor must submit an attestation providing the following 
 50.2   information on a form provided by the board: 
 50.3      (1) the name of the supervisee, the name of the agency in 
 50.4   which the supervisee is being supervised, and the supervisee's 
 50.5   position title; 
 50.6      (2) the name and qualifications of the supervisor; 
 50.7      (3) the number of hours and dates of each type of 
 50.8   supervision completed; 
 50.9      (4) the supervisee's position description; 
 50.10     (5) a declaration that the supervisee has not engaged in 
 50.11  conduct in violation of the standards of practice specified in 
 50.12  sections 148D.195 to 148D.240; 
 50.13     (6) a declaration that the supervisee has practiced 
 50.14  competently and ethically in accordance with professional social 
 50.15  work knowledge, skills, and values; and 
 50.16     (7) a list of the content areas in which the supervisee has 
 50.17  received supervision, including the following: 
 50.18     (i) clinical practice, if applicable; 
 50.19     (ii) development of professional social work knowledge, 
 50.20  skills, and values; 
 50.21     (iii) practice methods; 
 50.22     (iv) authorized scope of practice; 
 50.23     (v) ensuring continuing competence; and 
 50.24     (vi) ethical standards of practice. 
 50.25     (b) The information provided on the attestation form must 
 50.26  demonstrate to the board's satisfaction that the supervisee has 
 50.27  met or has made progress on meeting the applicable supervised 
 50.28  practice requirements. 
 50.29     Subd. 3.  [VERIFICATION OF SUPERVISED PRACTICE.] (a) In 
 50.30  addition to receiving the attestation required pursuant to 
 50.31  subdivision 2, the board must receive verification of supervised 
 50.32  practice if: 
 50.33     (1) the board audits the supervision of a supervisee 
 50.34  pursuant to section 148D.070, subdivision 3; or 
 50.35     (2) an applicant applies for a license as a licensed 
 50.36  independent social worker or as a licensed independent clinical 
 51.1   social worker. 
 51.2      (b) When verification of supervised practice is required 
 51.3   pursuant to paragraph (a), the board must receive from the 
 51.4   supervisor the following information on a form provided by the 
 51.5   board: 
 51.6      (1) the name of the supervisee, the name of the agency in 
 51.7   which the supervisee is being supervised, and the supervisee's 
 51.8   position title; 
 51.9      (2) the name and qualifications of the supervisor; 
 51.10     (3) the number of hours and dates of each type of 
 51.11  supervision completed; 
 51.12     (4) the supervisee's position description; 
 51.13     (5) a declaration that the supervisee has not engaged in 
 51.14  conduct in violation of the standards of practice specified in 
 51.15  sections 148D.195 to 148D.240; 
 51.16     (6) a declaration that the supervisee has practiced 
 51.17  ethically and competently in accordance with professional social 
 51.18  work knowledge, skills, and values; 
 51.19     (7) a list of the content areas in which the supervisee has 
 51.20  received supervision, including the following: 
 51.21     (i) clinical practice, if applicable; 
 51.22     (ii) development of professional social work knowledge, 
 51.23  skills, and values; 
 51.24     (iii) practice methods; 
 51.25     (iv) authorized scope of practice; 
 51.26     (v) ensuring continuing competence; and 
 51.27     (vi) ethical standards of practice; and 
 51.28     (8) if applicable, a detailed description of the 
 51.29  supervisee's clinical social work practice, addressing: 
 51.30     (i) the client population, the range of presenting issues, 
 51.31  and the diagnoses; 
 51.32     (ii) the clinical modalities that were utilized; and 
 51.33     (iii) the process utilized for determining clinical 
 51.34  diagnoses, including the diagnostic instruments used and the 
 51.35  role of the supervisee in the diagnostic process. 
 51.36     (c) The information provided on the verification form must 
 52.1   demonstrate to the board's satisfaction that the supervisee has 
 52.2   met the applicable supervised practice requirements. 
 52.3      Subd. 4.  [ALTERNATIVE VERIFICATION OF SUPERVISED 
 52.4   PRACTICE.] Notwithstanding the requirements of subdivision 3, 
 52.5   the board may accept alternative verification of supervised 
 52.6   practice if a supervisee demonstrates to the satisfaction of the 
 52.7   board that the supervisee is unable to locate a former 
 52.8   supervisor to provide the required information. 
 52.9      Sec. 31.  [148D.130] [CLOCK HOURS REQUIRED.] 
 52.10     Subdivision 1.  [TOTAL CLOCK HOURS REQUIRED.] At the time 
 52.11  of license renewal, a licensee must provide evidence 
 52.12  satisfactory to the board that the licensee has, during the 
 52.13  renewal term, completed at least 30 clock hours of continuing 
 52.14  education. 
 52.15     Subd. 2.  [ETHICS REQUIREMENT.] At least two of the clock 
 52.16  hours required under subdivision 1 must be in social work ethics.
 52.17     Subd. 3.  [INDEPENDENT STUDY.] Independent study must not 
 52.18  consist of more than ten clock hours of continuing education per 
 52.19  renewal term.  Independent study must be for publication, public 
 52.20  presentation, or professional development.  Independent study 
 52.21  includes, but is not limited to, electronic study. 
 52.22     Subd. 4.  [COURSEWORK.] One credit of coursework in a 
 52.23  semester-based academic institution is the equivalent of 15 
 52.24  clock hours. 
 52.25     Subd. 5.  [PRORATED RENEWAL TERM.] If the licensee's 
 52.26  renewal term is prorated to be less or more than 24 months, the 
 52.27  required number of continuing education clock hours is prorated 
 52.28  proportionately. 
 52.29     Sec. 32.  [148D.135] [APPROVAL OF CLOCK HOURS.] 
 52.30     Subdivision 1.  [WAYS OF APPROVING CLOCK HOURS.] The clock 
 52.31  hours required under section 148D.130 must be approved in one or 
 52.32  more of the following ways: 
 52.33     (1) the hours must be offered by a continuing education 
 52.34  provider approved by the board; 
 52.35     (2) the hours must be offered by a continuing education 
 52.36  provider approved by the Association of Social Work Boards or a 
 53.1   similar examination body designated by the board; 
 53.2      (3) the hours must be earned through a continuing education 
 53.3   program approved by the National Association of Social Workers; 
 53.4   or 
 53.5      (4) the hours must be earned through a continuing education 
 53.6   program approved by the board. 
 53.7      Subd. 2.  [PREAPPROVAL NOT REQUIRED.] Providers and 
 53.8   programs are not required to be preapproved but must meet the 
 53.9   requirements specified in this section. 
 53.10     Sec. 33.  [148D.140] [VARIANCES.] 
 53.11     The board may grant a variance to the continuing education 
 53.12  requirements specified in section 148D.130, when a licensee 
 53.13  demonstrates to the satisfaction of the board that the licensee 
 53.14  is unable to complete the required number of clock hours during 
 53.15  the renewal term.  The board may allow a licensee to complete 
 53.16  the required number of clock hours within a time frame specified 
 53.17  by the board.  The board must not allow a licensee to complete 
 53.18  less than the required number of clock hours. 
 53.19     Sec. 34.  [148D.145] [CONTINUING EDUCATION PROVIDERS 
 53.20  APPROVED BY THE BOARD.] 
 53.21     Subdivision 1.  [BOARD APPROVAL.] (a) The board must 
 53.22  approve a continuing education provider who: 
 53.23     (1) submits a completed application to the board which 
 53.24  provides the information required by subdivision 2 and which 
 53.25  meets the criteria specified in subdivision 3; and 
 53.26     (2) pays the provider fee specified in section 148D.180. 
 53.27     (b) An approval is valid for programs offered no later than 
 53.28  one year from the date the application is approved by the board. 
 53.29     Subd. 2.  [INFORMATION REQUIRED.] The information that must 
 53.30  be provided to the board includes, but is not limited to, the 
 53.31  following: 
 53.32     (1) the name of the continuing education provider; 
 53.33     (2) the address, telephone number, and e-mail address of a 
 53.34  contact person for the provider; 
 53.35     (3) a signed statement that indicates the provider 
 53.36  understands and agrees to abide by the criteria specified in 
 54.1   subdivision 3; and 
 54.2      (4) a signed statement that indicates the provider agrees 
 54.3   to furnish a certificate of attendance to each participant in a 
 54.4   program offered by the provider. 
 54.5      Subd. 3.  [CRITERIA FOR PROGRAMS OFFERED BY CONTINUING 
 54.6   EDUCATION PROVIDERS.] (a) A continuing education provider must 
 54.7   employ the following criteria in determining whether to offer a 
 54.8   continuing education program: 
 54.9      (1) whether the material to be presented will promote the 
 54.10  standards of practice described in sections 148D.195 to 
 54.11  148D.240; 
 54.12     (2) whether the material to be presented will contribute to 
 54.13  the practice of social work as defined in section 148D.010; 
 54.14     (3) whether the material to be presented is intended for 
 54.15  the benefit of practicing social workers; and 
 54.16     (4) whether the persons presenting the program are 
 54.17  qualified in the subject matter being presented. 
 54.18     (b) The material presented must not be primarily procedural 
 54.19  or primarily oriented towards business practices or 
 54.20  self-development. 
 54.21     Subd. 4.  [AUDITS.] (a) The board may audit programs 
 54.22  offered by a continuing education provider approved by the board 
 54.23  to determine compliance with the requirements of this section. 
 54.24     (b) A continuing education provider audited by the board 
 54.25  must provide the documentation specified in subdivision 5. 
 54.26     Subd. 5.  [INFORMATION REQUIRED TO BE MAINTAINED BY 
 54.27  CONTINUING EDUCATION PROVIDERS.] For three years following the 
 54.28  end of each program offered by a continuing education provider, 
 54.29  the provider must maintain the following information: 
 54.30     (1) the title of the program; 
 54.31     (2) a description of the content and objectives of the 
 54.32  program; 
 54.33     (3) the date of the program; 
 54.34     (4) the number of clock hours credited for participation in 
 54.35  the program; 
 54.36     (5) the program location; 
 55.1      (6) the names and qualifications of the primary presenters; 
 55.2      (7) a description of the primary audience the program was 
 55.3   designed for; and 
 55.4      (8) a list of the participants in the program. 
 55.5      Sec. 35.  [148D.150] [CONTINUING EDUCATION PROVIDERS 
 55.6   APPROVED BY THE ASSOCIATION OF SOCIAL WORK BOARDS.] 
 55.7      In order to receive credit for a program offered by a 
 55.8   continuing education provider approved by the Association of 
 55.9   Social Work Boards or a similar examination body designated by 
 55.10  the board, the provider must be listed on the Association of 
 55.11  Social Work Boards Web site as a provider currently approved by 
 55.12  the Association of Social Work Boards or a similar examination 
 55.13  body designated by the board. 
 55.14     Sec. 36.  [148D.155] [CONTINUING EDUCATION PROGRAMS 
 55.15  APPROVED BY THE NATIONAL ASSOCIATION OF SOCIAL WORKERS.] 
 55.16     In order to receive credit for a program approved by the 
 55.17  National Association of Social Workers, the program must be 
 55.18  listed on the National Association of Social Workers Web site as 
 55.19  a program currently approved by the National Association of 
 55.20  Social Workers. 
 55.21     Sec. 37.  [148D.160] [CONTINUING EDUCATION PROGRAMS 
 55.22  APPROVED BY THE BOARD.] 
 55.23     Subdivision 1.  [REQUIRED PROGRAM CONTENT.] In order to be 
 55.24  approved by the board, a continuing education program must: 
 55.25     (1) promote the standards of practice described in sections 
 55.26  148D.195 to 148D.240; 
 55.27     (2) contribute to the practice of social work as defined in 
 55.28  section 148D.010; and 
 55.29     (3) not be primarily procedural or be primarily oriented 
 55.30  towards business practices or self-development. 
 55.31     Subd. 2.  [TYPES OF CONTINUING EDUCATION PROGRAMS.] In 
 55.32  order to be approved by the board, a continuing education 
 55.33  program must be one of the following:  academic coursework 
 55.34  offered by an institution of higher learning; educational 
 55.35  workshops, seminars, or conferences offered by an organization 
 55.36  or individual; staff training offered by a public or private 
 56.1   employer; or independent study. 
 56.2      Sec. 38.  [148D.165] [CONTINUING EDUCATION REQUIREMENTS OF 
 56.3   LICENSEES.] 
 56.4      Subdivision 1.  [INFORMATION REQUIRED TO BE MAINTAINED BY 
 56.5   LICENSEES.] For one year following the expiration date of a 
 56.6   license, the licensee must maintain documentation of clock hours 
 56.7   earned during the previous renewal term.  The documentation must 
 56.8   include the following: 
 56.9      (1) for educational workshops or seminars offered by an 
 56.10  organization or at a conference, a copy of the certificate of 
 56.11  attendance issued by the presenter or sponsor giving the 
 56.12  following information: 
 56.13     (i) the name of the sponsor or presenter of the program; 
 56.14     (ii) the title of the workshop or seminar; 
 56.15     (iii) the dates the licensee participated in the program; 
 56.16  and 
 56.17     (iv) the number of clock hours completed; 
 56.18     (2) for academic coursework offered by an institution of 
 56.19  higher learning, a copy of a transcript giving the following 
 56.20  information: 
 56.21     (i) the name of the institution offering the course; 
 56.22     (ii) the title of the course; 
 56.23     (iii) the dates the licensee participated in the course; 
 56.24  and 
 56.25     (iv) the number of credits completed; 
 56.26     (3) for staff training offered by public or private 
 56.27  employers, a copy of the certificate of attendance issued by the 
 56.28  employer giving the following information: 
 56.29     (i) the name of the employer; 
 56.30     (ii) the title of the staff training; 
 56.31     (iii) the dates the licensee participated in the program; 
 56.32  and 
 56.33     (iv) the number of clock hours completed; and 
 56.34     (4) for independent study, including electronic study, a 
 56.35  written summary of the study conducted, including the following 
 56.36  information: 
 57.1      (i) the topics studied; 
 57.2      (ii) a description of the applicability of the study to the 
 57.3   licensee's authorized scope of practice; 
 57.4      (iii) the titles and authors of books and articles 
 57.5   consulted or the name of the organization offering the study; 
 57.6      (iv) the dates the licensee conducted the study; and 
 57.7      (v) the number of clock hours the licensee conducted the 
 57.8   study. 
 57.9      Subd. 2.  [AUDITS.] The board may audit license renewal and 
 57.10  reactivation applications to determine compliance with the 
 57.11  requirements of sections 148D.130 to 148D.170.  A licensee 
 57.12  audited by the board must provide the documentation specified in 
 57.13  subdivision 1 regardless of whether the provider or program has 
 57.14  been approved by the board, the Association of Social Work 
 57.15  Boards, or a similar examination body designated by the board, 
 57.16  or the National Association of Social Workers. 
 57.17     Sec. 39.  [148D.170] [REVOCATION OF CONTINUING EDUCATION 
 57.18  APPROVALS.] 
 57.19     The board may revoke approval of a provider or of a program 
 57.20  offered by a provider, or of an individual program approved by 
 57.21  the board, if the board determines subsequent to the approval 
 57.22  that the provider or program failed to meet the requirements of 
 57.23  sections 148D.130 to 148D.170. 
 57.24     Sec. 40.  [148D.175] [FEES.] 
 57.25     The fees specified in section 148D.180 are nonrefundable 
 57.26  and must be deposited in the state government special revenue 
 57.27  fund. 
 57.28     Sec. 41.  [148D.180] [FEE AMOUNTS.] 
 57.29     Subdivision 1.  [APPLICATION FEES.] Application fees for 
 57.30  licensure are as follows: 
 57.31     (1) for a licensed social worker, $45; 
 57.32     (2) for a licensed graduate social worker, $45; 
 57.33     (3) for a licensed independent social worker, $90; 
 57.34     (4) for a licensed independent clinical social worker, $90; 
 57.35     (5) for a temporary license, $50; and 
 57.36     (6) for a licensure by endorsement, $150. 
 58.1      The fee for criminal background checks is the fee charged 
 58.2   by the Bureau of Criminal Apprehension.  The criminal background 
 58.3   check fee must be included with the application fee as required 
 58.4   pursuant to section 148D.055. 
 58.5      Subd. 2.  [LICENSE FEES.] License fees are as follows: 
 58.6      (1) for a licensed social worker, $115.20; 
 58.7      (2) for a licensed graduate social worker, $201.60; 
 58.8      (3) for a licensed independent social worker, $302.40; 
 58.9      (4) for a licensed independent clinical social worker, 
 58.10  $331.20; 
 58.11     (5) for an emeritus license, $43.20; and 
 58.12     (6) for a temporary leave fee, the same as the renewal fee 
 58.13  specified in subdivision 3. 
 58.14     If the licensee's initial license term is less or more than 
 58.15  24 months, the required license fees must be prorated 
 58.16  proportionately. 
 58.17     Subd. 3.  [RENEWAL FEES.] Renewal fees for licensure are as 
 58.18  follows: 
 58.19     (1) for a licensed social worker, $115.20; 
 58.20     (2) for a licensed graduate social worker, $201.60; 
 58.21     (3) for a licensed independent social worker, $302.40; and 
 58.22     (4) for a licensed independent clinical social worker, 
 58.23  $331.20. 
 58.24     Subd. 4.  [CONTINUING EDUCATION PROVIDER FEES.] Continuing 
 58.25  education provider fees are as follows: 
 58.26     (1) for a provider who offers programs totaling one to 
 58.27  eight clock hours in a one-year period pursuant to section 
 58.28  148D.145, $50; 
 58.29     (2) for a provider who offers programs totaling nine to 16 
 58.30  clock hours in a one-year period pursuant to section 148D.145, 
 58.31  $100; 
 58.32     (3) for a provider who offers programs totaling 17 to 32 
 58.33  clock hours in a one-year period pursuant to section 148D.145, 
 58.34  $200; 
 58.35     (4) for a provider who offers programs totaling 33 to 48 
 58.36  clock hours in a one-year period pursuant to section 148D.145, 
 59.1   $400; and 
 59.2      (5) for a provider who offers programs totaling 49 or more 
 59.3   clock hours in a one-year period pursuant to section 148D.145, 
 59.4   $600. 
 59.5      Subd. 5.  [LATE FEES.] Late fees are as follows: 
 59.6      (1) renewal late fee, one-half of the renewal fee specified 
 59.7   in subdivision 3; and 
 59.8      (2) supervision plan late fee, $40. 
 59.9      Subd. 6.  [LICENSE CARDS AND WALL CERTIFICATES.] (a) The 
 59.10  fee for a license card as specified in section 148D.095 is $10. 
 59.11     (b) The fee for a license wall certificate as specified in 
 59.12  section 148D.095 is $30. 
 59.13     Subd. 7.  [REACTIVATION FEES.] Reactivation fees are as 
 59.14  follows: 
 59.15     (1) reactivation from a temporary leave or emeritus status, 
 59.16  the prorated share of the renewal fee specified in subdivision 
 59.17  3; and 
 59.18     (2) reactivation of an expired license, 1-1/2 times the 
 59.19  renewal fees specified in subdivision 3. 
 59.20     Sec. 42.  [148D.185] [PURPOSE OF COMPLIANCE LAWS.] 
 59.21     The purpose of sections 148D.185 to 148D.290 is to protect 
 59.22  the public by ensuring that all persons licensed as social 
 59.23  workers meet minimum standards of practice.  The board shall 
 59.24  promptly and fairly investigate and resolve all complaints 
 59.25  alleging violations of statutes and rules that the board is 
 59.26  empowered to enforce and (1) take appropriate disciplinary 
 59.27  action, adversarial action, or other action justified by the 
 59.28  facts, or (2) enter into corrective action agreements or 
 59.29  stipulations to cease practice, when doing so is consistent with 
 59.30  the board's obligation to protect the public. 
 59.31     Sec. 43.  [148D.190] [GROUNDS FOR ACTION.] 
 59.32     Subdivision 1.  [SCOPE.] The grounds for action in 
 59.33  subdivisions 2 to 4 and the standards of practice requirements 
 59.34  in sections 148D.195 to 148D.240 apply to all licensees and 
 59.35  applicants. 
 59.36     Subd. 2.  [VIOLATIONS.] The board has grounds to take 
 60.1   action pursuant to sections 148D.255 to 148D.270 when a social 
 60.2   worker violates: 
 60.3      (1) a statute or rule enforced by the board, including this 
 60.4   section and sections 148D.195 to 148D.240; 
 60.5      (2) a federal or state law or rule related to the practice 
 60.6   of social work; or 
 60.7      (3) an order, stipulation, or agreement agreed to or issued 
 60.8   by the board. 
 60.9      Subd. 3.  [CONDUCT BEFORE LICENSURE.] A violation of the 
 60.10  requirements specified in this section and sections 148D.195 to 
 60.11  148D.240 is grounds for the board to take action under sections 
 60.12  148D.255 to 148D.270.  The board's jurisdiction to exercise the 
 60.13  powers provided in this section extends to an applicant or 
 60.14  licensee's conduct that occurred before licensure if: 
 60.15     (1) the conduct did not meet the minimum accepted and 
 60.16  prevailing standards of professional social work practice at the 
 60.17  time the conduct occurred; or 
 60.18     (2) the conduct adversely affects the applicant or 
 60.19  licensee's present ability to practice social work in conformity 
 60.20  with the requirements of sections 148D.195 to 148D.240. 
 60.21     Subd. 4.  [UNAUTHORIZED PRACTICE.] The board has grounds to 
 60.22  take action pursuant to sections 148D.255 to 148D.270 when a 
 60.23  social worker: 
 60.24     (1) practices outside the scope of practice authorized by 
 60.25  section 148D.050; 
 60.26     (2) engages in the practice of social work without a social 
 60.27  work license under section 148D.055 or 148D.060, except when the 
 60.28  social worker is exempt from licensure pursuant to section 
 60.29  148D.065; 
 60.30     (3) provides social work services to a client who receives 
 60.31  social work services in this state, and is not licensed pursuant 
 60.32  to section 148D.055 or 148D.060, except when the social worker 
 60.33  is exempt from licensure pursuant to section 148D.065. 
 60.34     Sec. 44.  [148D.195] [REPRESENTATIONS TO CLIENTS AND 
 60.35  PUBLIC.] 
 60.36     Subdivision 1.  [REQUIRED DISPLAYS AND INFORMATION FOR 
 61.1   CLIENTS.] (a) A social worker must conspicuously display at the 
 61.2   social worker's places of practice, or make available as a 
 61.3   handout for all clients, information that the client has the 
 61.4   right to the following: 
 61.5      (1) to be informed of the social worker's license status, 
 61.6   education, training, and experience; 
 61.7      (2) to examine public data on the social worker maintained 
 61.8   by the board; 
 61.9      (3) to report a complaint about the social worker's 
 61.10  practice to the board; and 
 61.11     (4) to be informed of the board's mailing address, e-mail 
 61.12  address, Web site address, and telephone number. 
 61.13     (b) A social worker must conspicuously display the social 
 61.14  worker's wall certificate at the social worker's places of 
 61.15  practice and office locations.  Additional wall certificates may 
 61.16  be requested pursuant to section 148D.095. 
 61.17     Subd. 2.  [REPRESENTATIONS.] (a) No applicant or other 
 61.18  individual may be represented to the public by any title 
 61.19  incorporating the words "social work" or "social worker" unless 
 61.20  the individual holds a license pursuant to sections 148D.055 and 
 61.21  148D.060 or practices in a setting exempt from licensure 
 61.22  pursuant to section 148D.065. 
 61.23     (b) In all professional use of a social worker's name, the 
 61.24  social worker must use the license designation "LSW" or 
 61.25  "licensed social worker" for a licensed social worker, "LGSW" or 
 61.26  "licensed graduate social worker" for a licensed graduate social 
 61.27  worker, "LISW" or "licensed independent social worker" for a 
 61.28  licensed independent social worker, or "LICSW" or "licensed 
 61.29  independent clinical social worker" for a licensed independent 
 61.30  clinical social worker. 
 61.31     (c) Public statements or advertisements must not be 
 61.32  untruthful, misleading, false, fraudulent, deceptive, or 
 61.33  potentially exploitative of clients, former clients, interns, 
 61.34  students, supervisees, or the public. 
 61.35     (d) A social worker must not: 
 61.36     (1) use licensure status as a claim, promise, or guarantee 
 62.1   of successful service; 
 62.2      (2) obtain a license by cheating or employing fraud or 
 62.3   deception; 
 62.4      (3) make false statements or misrepresentations to the 
 62.5   board or in materials submitted to the board; or 
 62.6      (4) engage in conduct that has the potential to deceive or 
 62.7   defraud a social work client, intern, student, supervisee, or 
 62.8   the public. 
 62.9      Subd. 3.  [INFORMATION ON CREDENTIALS.] (a) A social worker 
 62.10  must provide accurate and factual information concerning the 
 62.11  social worker's credentials, education, training, and experience 
 62.12  when the information is requested by clients, potential clients, 
 62.13  or other persons or organizations. 
 62.14     (b) A social worker must not misrepresent directly or by 
 62.15  implication the social worker's license, degree, professional 
 62.16  certifications, affiliations, or other professional 
 62.17  qualifications in any oral or written communications to clients, 
 62.18  potential clients, or other persons or organizations.  A social 
 62.19  worker must take reasonable steps to prevent such 
 62.20  misrepresentations by other social workers. 
 62.21     (c) A social worker must not hold out as a person licensed 
 62.22  as a social worker without having a social work license pursuant 
 62.23  to sections 148D.055 and 148D.060. 
 62.24     (d) A social worker must not misrepresent directly or by 
 62.25  implication (1) affiliations with institutions or organizations, 
 62.26  or (2) purposes or characteristics of institutions or 
 62.27  organizations with which the social worker is or has been 
 62.28  affiliated. 
 62.29     Sec. 45.  [148D.200] [COMPETENCE.] 
 62.30     Subdivision 1.  [COMPETENCE.] (a) A social worker must 
 62.31  provide services and hold out as competent only to the extent 
 62.32  the social worker's education, training, license, consultation 
 62.33  received, supervision experience, or other relevant professional 
 62.34  experience demonstrate competence in the services provided.  A 
 62.35  social worker must make a referral to a competent professional 
 62.36  when the services required are beyond the social worker's 
 63.1   competence or authorized scope of practice. 
 63.2      (b) When generally recognized standards do not exist with 
 63.3   respect to an emerging area of practice, including but not 
 63.4   limited to providing social work services through electronic 
 63.5   means, a social worker must take the steps necessary, such as 
 63.6   consultation or supervision, to ensure the competence of the 
 63.7   social worker's work and to protect clients from harm. 
 63.8      Subd. 2.  [SUPERVISION OR CONSULTATION.] Notwithstanding 
 63.9   the completion of supervision requirements as specified in 
 63.10  sections 148D.100 to 148D.125, a social worker must obtain 
 63.11  supervision or engage in consultation when appropriate or 
 63.12  necessary for competent and ethical practice. 
 63.13     Subd. 3.  [DELEGATION OF SOCIAL WORK RESPONSIBILITIES.] (a) 
 63.14  A social worker must not delegate a social work responsibility 
 63.15  to another individual when the social worker knows or reasonably 
 63.16  should know that the individual is not licensed when required to 
 63.17  be licensed pursuant to sections 148D.055 and 148D.060. 
 63.18     (b) A social worker must not delegate a social work 
 63.19  responsibility to another individual when the social worker 
 63.20  knows or reasonably should know that the individual is not 
 63.21  competent to assume the responsibility or perform the task. 
 63.22     Sec. 46.  [148D.205] [IMPAIRMENT.] 
 63.23     Subdivision 1.  [GROUNDS FOR ACTION.] The board has grounds 
 63.24  to take action under sections 148D.255 to 148D.270 when a social 
 63.25  worker is unable to practice with reasonable skill and safety by 
 63.26  reason of illness, use of alcohol, drugs, chemicals, or any 
 63.27  other materials, or as a result of any mental, physical, or 
 63.28  psychological condition. 
 63.29     Subd. 2.  [SELF-REPORTING.] A social worker regulated by 
 63.30  the board who is unable to practice with reasonable skill and 
 63.31  safety by reason of illness, use of alcohol, drugs, chemicals, 
 63.32  or any other materials, or as a result of any mental, physical, 
 63.33  or psychological condition, must report to the board or the 
 63.34  health professionals services program. 
 63.35     Sec. 47.  [148D.210] [PROFESSIONAL AND ETHICAL CONDUCT.] 
 63.36     The board has grounds to take action under sections 
 64.1   148D.255 to 148D.270 when a social worker: 
 64.2      (1) engages in unprofessional or unethical conduct, 
 64.3   including any departure from or failure to conform to the 
 64.4   minimum accepted ethical and other prevailing standards of 
 64.5   professional social work practice, without actual injury to a 
 64.6   social work client, intern, student, supervisee or the public 
 64.7   needing to be established; 
 64.8      (2) engages in conduct that has the potential to cause harm 
 64.9   to a client, intern, student, supervisee, or the public; 
 64.10     (3) demonstrates a willful or careless disregard for the 
 64.11  health, welfare, or safety of a client, intern, student, or 
 64.12  supervisee; or 
 64.13     (4) engages in acts or conduct adversely affecting the 
 64.14  applicant or licensee's current ability or fitness to engage in 
 64.15  social work practice, whether or not the acts or conduct 
 64.16  occurred while engaged in the practice of social work. 
 64.17     Sec. 48.  [148D.215] [RESPONSIBILITIES TO CLIENTS.] 
 64.18     Subdivision 1.  [RESPONSIBILITY TO CLIENTS.] A social 
 64.19  worker's primary professional responsibility is to the client.  
 64.20  A social worker must respect the client's interests, including 
 64.21  the interest in self-determination, except when required to do 
 64.22  otherwise by law. 
 64.23     Subd. 2.  [NONDISCRIMINATION.] A social worker must not 
 64.24  discriminate against a client, intern, student, or supervisee or 
 64.25  in providing services to a client, intern, or supervisee on the 
 64.26  basis of age, gender, sexual orientation, race, color, national 
 64.27  origin, religion, illness, disability, political affiliation, or 
 64.28  social or economic status. 
 64.29     Subd. 3.  [RESEARCH.] When undertaking research activities, 
 64.30  a social worker must use accepted protocols for the protection 
 64.31  of human subjects, including (1) establishing appropriate 
 64.32  safeguards to protect the subject's vulnerability, and (2) 
 64.33  obtaining the subjects' informed consent. 
 64.34     Sec. 49.  [148D.220] [RELATIONSHIPS WITH CLIENTS, FORMER 
 64.35  CLIENTS, AND OTHER INDIVIDUALS.] 
 64.36     Subdivision 1.  [SOCIAL WORKER RESPONSIBILITY.] (a) A 
 65.1   social worker is responsible for acting professionally in 
 65.2   relationships with clients or former clients.  A client or a 
 65.3   former client's initiation of, or attempt to engage in, or 
 65.4   request to engage in, a personal, sexual, or business 
 65.5   relationship is not a defense to a violation of this section.  
 65.6      (b) When a relationship is permitted by this section, 
 65.7   social workers who engage in such a relationship assume the full 
 65.8   burden of demonstrating that the relationship will not be 
 65.9   detrimental to the client or the professional relationship. 
 65.10     Subd. 2.  [PROFESSIONAL BOUNDARIES.] A social worker must 
 65.11  maintain appropriate professional boundaries with a client.  A 
 65.12  social worker must not engage in practices with clients that 
 65.13  create an unacceptable risk of client harm or of impairing a 
 65.14  social worker's objectivity or professional judgment.  A social 
 65.15  worker must not act or fail to act in a way that, as judged by a 
 65.16  reasonable and prudent social worker, inappropriately encourages 
 65.17  the client to relate to the social worker outside of the 
 65.18  boundaries of the professional relationship, or in a way that 
 65.19  interferes with the client's ability to benefit from social work 
 65.20  services from the social worker. 
 65.21     Subd. 3.  [MISUSE OF PROFESSIONAL RELATIONSHIP.] A social 
 65.22  worker must not use the professional relationship with a client, 
 65.23  student, supervisee, or intern to further the social worker's 
 65.24  personal, emotional, financial, sexual, religious, political, or 
 65.25  business benefit or interests. 
 65.26     Subd. 4.  [IMPROPER TERMINATION.] A social worker must not 
 65.27  terminate a professional relationship for the purpose of 
 65.28  beginning a personal, sexual, or business relationship with a 
 65.29  client. 
 65.30     Subd. 5.  [PERSONAL RELATIONSHIP WITH A CLIENT.] (a) Except 
 65.31  as provided in paragraph (b), a social worker must not engage in 
 65.32  a personal relationship with a client that creates a risk of 
 65.33  client harm or of impairing a social worker's objectivity or 
 65.34  professional judgment. 
 65.35     (b) Notwithstanding paragraph (a), if a social worker is 
 65.36  unable to avoid a personal relationship with a client, the 
 66.1   social worker must take appropriate precautions, such as 
 66.2   consultation or supervision, to address the potential for risk 
 66.3   of client harm or of impairing a social worker's objectivity or 
 66.4   professional judgment. 
 66.5      Subd. 6.  [PERSONAL RELATIONSHIP WITH A FORMER CLIENT.] A 
 66.6   social worker may engage in a personal relationship with a 
 66.7   former client after appropriate termination of the professional 
 66.8   relationship, except: 
 66.9      (1) as prohibited by subdivision 8; or 
 66.10     (2) if a reasonable and prudent social worker would 
 66.11  conclude after appropriate assessment that (i) the former client 
 66.12  is emotionally dependent on the social worker or continues to 
 66.13  relate to the social worker as a client, or (ii) the social 
 66.14  worker is emotionally dependent on the client or continues to 
 66.15  relate to the former client as a social worker. 
 66.16     Subd. 7.  [SEXUAL CONDUCT WITH A CLIENT.] A social worker 
 66.17  must not engage in or suggest sexual conduct with a client. 
 66.18     Subd. 8.  [SEXUAL CONDUCT WITH A FORMER CLIENT.] (a) A 
 66.19  social worker who has engaged in diagnosing, counseling, or 
 66.20  treating a client with mental, emotional, or behavioral 
 66.21  disorders must not engage in or suggest sexual conduct with the 
 66.22  former client under any circumstances unless: 
 66.23     (1) the social worker did not intentionally or 
 66.24  unintentionally coerce, exploit, deceive, or manipulate the 
 66.25  former client at any time; 
 66.26     (2) the social worker did not represent to the former 
 66.27  client that sexual conduct with the social worker is consistent 
 66.28  with or part of the client's treatment; 
 66.29     (3) the social worker's sexual conduct was not detrimental 
 66.30  to the former client at any time; 
 66.31     (4) the former client is not emotionally dependent on the 
 66.32  social worker and does not continue to relate to the social 
 66.33  worker as a client; and 
 66.34     (5) the social worker is not emotionally dependent on the 
 66.35  client and does not continue to relate to the former client as a 
 66.36  social worker. 
 67.1      (b) If there is an alleged violation of paragraph (a), the 
 67.2   social worker assumes the full burden of demonstrating to the 
 67.3   board that the social worker did not intentionally or 
 67.4   unintentionally coerce, exploit, deceive, or manipulate the 
 67.5   client, and the social worker's sexual conduct was not 
 67.6   detrimental to the client at any time.  Upon request, a social 
 67.7   worker must provide information to the board addressing: 
 67.8      (1) the amount of time that has passed since termination of 
 67.9   services; 
 67.10     (2) the duration, intensity, and nature of services; 
 67.11     (3) the circumstances of termination of services; 
 67.12     (4) the former client's emotional, mental, and behavioral 
 67.13  history; 
 67.14     (5) the former client's current emotional, mental, and 
 67.15  behavioral status; 
 67.16     (6) the likelihood of adverse impact on the former client; 
 67.17  and 
 67.18     (7) the existence of actions, conduct, or statements made 
 67.19  by the social worker during the course of services suggesting or 
 67.20  inviting the possibility of a sexual relationship with the 
 67.21  client following termination of services. 
 67.22     (c) A social worker who has provided social work services 
 67.23  other than those described in paragraph (a) to a client must not 
 67.24  engage in or suggest sexual conduct with the former client if a 
 67.25  reasonable and prudent social worker would conclude after 
 67.26  appropriate assessment that engaging in such behavior with the 
 67.27  former client would create an unacceptable risk of harm to the 
 67.28  former client. 
 67.29     Subd. 9.  [SEXUAL CONDUCT WITH A STUDENT, SUPERVISEE, OR 
 67.30  INTERN.] (a) A social worker must not engage in or suggest 
 67.31  sexual conduct with a student while the social worker has 
 67.32  authority over any part of the student's academic program. 
 67.33     (b) A social worker supervising an intern must not engage 
 67.34  in or suggest sexual conduct with the intern during the course 
 67.35  of the internship. 
 67.36     (c) A social worker practicing social work as a supervisor 
 68.1   must not engage in or suggest sexual conduct with a supervisee 
 68.2   during the period of supervision. 
 68.3      Subd. 10.  [SEXUAL HARASSMENT.] A social worker must not 
 68.4   engage in any physical, oral, written, or electronic behavior 
 68.5   that a client, former client, student, supervisee, or intern may 
 68.6   reasonably interpret as sexually harassing or sexually demeaning.
 68.7      Subd. 11.  [BUSINESS RELATIONSHIP WITH A CLIENT.] A social 
 68.8   worker must not purchase goods or services from a client or 
 68.9   otherwise engage in a business relationship with a client except 
 68.10  when: 
 68.11     (1) a social worker purchases goods or services from the 
 68.12  client and a reasonable and prudent social worker would 
 68.13  determine that it is not practical or reasonable to obtain the 
 68.14  goods or services from another provider; and 
 68.15     (2) engaging in the business relationship will not be 
 68.16  detrimental to the client or the professional relationship. 
 68.17     Subd. 12.  [BUSINESS RELATIONSHIP WITH A FORMER CLIENT.] A 
 68.18  social worker may purchase goods or services from a former 
 68.19  client or otherwise engage in a business relationship with a 
 68.20  former client after appropriate termination of the professional 
 68.21  relationship unless a reasonable and prudent social worker would 
 68.22  conclude after appropriate assessment that: 
 68.23     (1) the former client is emotionally dependent on the 
 68.24  social worker and purchasing goods or services from the former 
 68.25  client or otherwise engaging in a business relationship with the 
 68.26  former client would be detrimental to the former client; or 
 68.27     (2) the social worker is emotionally dependent on the 
 68.28  former client and purchasing goods or services from the former 
 68.29  client or otherwise engaging in a business relationship with the 
 68.30  former client would be detrimental to the former client. 
 68.31     Subd. 13.  [PREVIOUS SEXUAL, PERSONAL, OR BUSINESS 
 68.32  RELATIONSHIP.] (a) A social worker must not engage in a social 
 68.33  worker/client relationship with an individual with whom the 
 68.34  social worker had a previous sexual relationship. 
 68.35     (b) A social worker must not engage in a social 
 68.36  worker/client relationship with an individual with whom the 
 69.1   social worker had a previous personal or business relationship 
 69.2   if a reasonable and prudent social worker would conclude after 
 69.3   appropriate assessment that the social worker/client 
 69.4   relationship would create an unacceptable risk of client harm or 
 69.5   that the social worker's objectivity or professional judgment 
 69.6   may be impaired. 
 69.7      Subd. 14.  [GIVING ALCOHOL OR OTHER DRUGS TO A CLIENT.] (a) 
 69.8   Unless authorized by law, a social worker must not offer 
 69.9   medication or controlled substances to a client. 
 69.10     (b) A social worker must not accept medication or 
 69.11  controlled substances from a client except that if authorized by 
 69.12  law, a social worker may accept medication or controlled 
 69.13  substances from a client for purposes of disposal or to monitor 
 69.14  use. 
 69.15     (c) A social worker must not offer alcoholic beverages to a 
 69.16  client except when such an offer is authorized or prescribed by 
 69.17  a physician or is in accordance with a client's care plan. 
 69.18     (d) A social worker must not accept alcoholic beverages 
 69.19  from a client. 
 69.20     Subd. 15.  [RELATIONSHIP WITH A CLIENT'S FAMILY OR 
 69.21  HOUSEHOLD MEMBER.] Subdivisions 1 to 14 apply to a social 
 69.22  worker's relationship with a client's family or household member 
 69.23  when a reasonable and prudent social worker would conclude after 
 69.24  appropriate assessment that a relationship with a family or 
 69.25  household member would create an unacceptable risk of harm to 
 69.26  the client. 
 69.27     Sec. 50.  [148D.225] [TREATMENT AND INTERVENTION SERVICES.] 
 69.28     Subdivision 1.  [ASSESSMENT OR DIAGNOSIS.] A social worker 
 69.29  must base treatment and intervention services on an assessment 
 69.30  or diagnosis.  A social worker must evaluate, on an ongoing 
 69.31  basis, the appropriateness of the assessment or diagnosis. 
 69.32     Subd. 2.  [ASSESSMENT OR DIAGNOSTIC INSTRUMENTS.] A social 
 69.33  worker must not use an assessment or diagnostic instrument 
 69.34  without adequate training.  A social worker must follow 
 69.35  standards and accepted procedures for using an assessment or 
 69.36  diagnostic instrument.  A social worker must inform a client of 
 70.1   the purpose before administering the instrument and must make 
 70.2   the results available to the client. 
 70.3      Subd. 3.  [PLAN FOR SERVICES.] A social worker must develop 
 70.4   a plan for services that includes goals based on the assessment 
 70.5   or diagnosis.  A social worker must evaluate, on an ongoing 
 70.6   basis, the appropriateness of the plan and the client's progress 
 70.7   toward the goals. 
 70.8      Subd. 4.  [RECORDS.] (a) A social worker must make and 
 70.9   maintain current and accurate records, appropriate to the 
 70.10  circumstances, of all services provided to a client.  At a 
 70.11  minimum, the records must contain documentation of: 
 70.12     (1) the assessment or diagnosis; 
 70.13     (2) the content of the service plan; 
 70.14     (3) progress with the plan and any revisions of assessment, 
 70.15  diagnosis, or plan; 
 70.16     (4) any fees charged and payments made; 
 70.17     (5) copies of all client-written authorizations for release 
 70.18  of information; and 
 70.19     (6) other information necessary to provide appropriate 
 70.20  services. 
 70.21     (b) These records must be maintained by the social worker 
 70.22  for at least seven years after the last date of service to the 
 70.23  client.  Social workers who are employed by an agency or other 
 70.24  entity are not required to: 
 70.25     (1) maintain personal or separate records; or 
 70.26     (2) personally retain records at the conclusion of their 
 70.27  employment. 
 70.28     Subd. 5.  [TERMINATION OF SERVICES.] A social worker must 
 70.29  terminate a professional relationship with a client when the 
 70.30  social worker reasonably determines that the client is not 
 70.31  likely to benefit from continued services or the services are no 
 70.32  longer needed, unless the social worker is required by law to 
 70.33  provide services.  A social worker who anticipates terminating 
 70.34  services must give reasonable notice to the client in a manner 
 70.35  that is appropriate to the needs of the client.  The social 
 70.36  worker must provide appropriate referrals as needed or upon 
 71.1   request of the client. 
 71.2      Sec. 51.  [148D.230] [CONFIDENTIALITY AND RECORDS.] 
 71.3      Subdivision 1.  [INFORMED CONSENT.] (a) A social worker 
 71.4   must obtain valid, informed consent, appropriate to the 
 71.5   circumstances, before providing services to clients.  When 
 71.6   obtaining informed consent, the social worker must determine 
 71.7   whether the client has the capacity to provide informed 
 71.8   consent.  If the client does not have the capacity to provide 
 71.9   consent, the social worker must obtain consent for the services 
 71.10  from the client's legal representative.  The social worker must 
 71.11  not provide services, unless authorized or required by law, if 
 71.12  the client or the client's legal representative does not consent 
 71.13  to the services. 
 71.14     (b) If a social worker determines that a client does not 
 71.15  have the capacity to provide consent, and the client does not 
 71.16  have a legal representative, the social worker: 
 71.17     (1) must, except as provided in clause (2), secure a legal 
 71.18  representative for a client before providing services; or 
 71.19     (2) may, notwithstanding clause (1), provide services, 
 71.20  except when prohibited by other applicable law, that are 
 71.21  necessary to ensure the client's safety or to preserve the 
 71.22  client's property or financial resources. 
 71.23     (c) A social worker must use clear and understandable 
 71.24  language, including using an interpreter proficient in the 
 71.25  client's primary language as necessary, to inform clients of the 
 71.26  plan of services, risks related to the plan, limits to services, 
 71.27  relevant costs, terms of payment, reasonable alternatives, the 
 71.28  client's right to refuse or withdraw consent, and the time frame 
 71.29  covered by the consent. 
 71.30     Subd. 2.  [MANDATORY REPORTING AND DISCLOSURE OF CLIENT 
 71.31  INFORMATION.] At the beginning of a professional relationship 
 71.32  and during the professional relationship as necessary and 
 71.33  appropriate, a social worker must inform the client of those 
 71.34  circumstances under which the social worker may be required to 
 71.35  disclose client information specified in subdivision 3, 
 71.36  paragraph (a), without the client's consent. 
 72.1      Subd. 3.  [CONFIDENTIALITY OF CLIENT INFORMATION.] (a) A 
 72.2   social worker must ensure the confidentiality of all client 
 72.3   information obtained in the course of the social worker/client 
 72.4   relationship and all client information otherwise obtained by 
 72.5   the social worker that is relevant to the social worker/client 
 72.6   relationship.  Except as provided in this section, client 
 72.7   information may be disclosed or released only with the client's 
 72.8   or the client's legal representative's valid informed consent, 
 72.9   appropriate to the circumstances, except when otherwise required 
 72.10  by law.  A social worker must seek consent to disclose or 
 72.11  release client information only when such disclosure or release 
 72.12  is necessary to provide social work services. 
 72.13     (b) A social worker must continue to maintain 
 72.14  confidentiality of the client information specified in paragraph 
 72.15  (a) upon termination of the professional relationship including 
 72.16  upon the death of the client, except as provided under this 
 72.17  section or other applicable law. 
 72.18     (c) A social worker must limit access to the client 
 72.19  information specified in paragraph (a) in a social worker's 
 72.20  agency to appropriate agency staff whose duties require access. 
 72.21     Subd. 4.  [RELEASE OF CLIENT INFORMATION WITH WRITTEN 
 72.22  INFORMED CONSENT.] (a) Except as provided in subdivision 5, 
 72.23  client information specified in subdivision 3, paragraph (a), 
 72.24  may be released only with the client's or the client's legal 
 72.25  representative's written informed consent.  The written informed 
 72.26  consent must: 
 72.27     (1) explain to whom the client's records may be released; 
 72.28     (2) explain the purpose for the release; and 
 72.29     (3) state an expiration date for the authorized release of 
 72.30  the records. 
 72.31     (b) A social worker may provide client information 
 72.32  specified in subdivision 3, paragraph (a), to a third party for 
 72.33  the purpose of payment for services rendered only with the 
 72.34  client's written informed consent. 
 72.35     (c) Except as provided in subdivision 5, a social worker 
 72.36  may disclose client information specified in subdivision 3, 
 73.1   paragraph (a), only with the client's or the client's legal 
 73.2   representative's written informed consent.  When it is not 
 73.3   practical to obtain written informed consent before providing 
 73.4   necessary services, a social worker may disclose or release 
 73.5   client information with the client's or the client's legal 
 73.6   representative's oral informed consent. 
 73.7      (d) Unless otherwise authorized by law, a social worker 
 73.8   must obtain a client's written informed consent before taking a 
 73.9   photograph of the client or making an audio or video recording 
 73.10  of the client, or allowing a third party to do the same.  The 
 73.11  written informed consent must explain: 
 73.12     (1) the purpose of the photograph or the recording and how 
 73.13  the photograph or recording will be used, how it will be stored, 
 73.14  and when it will be destroyed; and 
 73.15     (2) how the client may have access to the photograph or 
 73.16  recording. 
 73.17     Subd. 5.  [RELEASE OF CLIENT INFORMATION WITHOUT WRITTEN 
 73.18  INFORMED CONSENT.] (a) A social worker may disclose client 
 73.19  information specified in subdivision 3, paragraph (a), without 
 73.20  the written consent of the client or the client's legal 
 73.21  representative only under the following circumstances or under 
 73.22  the circumstances described in paragraph (b): 
 73.23     (1) when mandated or authorized by federal or state law, 
 73.24  including the mandatory reporting requirements under the duty to 
 73.25  warn, maltreatment of minors, and vulnerable adult laws 
 73.26  specified in section 148D.240, subdivisions 6 to 8; 
 73.27     (2) when the board issues a subpoena to the social worker; 
 73.28  or 
 73.29     (3) when a court of competent jurisdiction orders release 
 73.30  of the client records or information. 
 73.31     (b) When providing services authorized or required by law 
 73.32  to a client who does not have the capacity to provide consent 
 73.33  and who does not have a legal representative, a social worker 
 73.34  must disclose or release client records or information as 
 73.35  necessary to provide services to ensure the client's safety or 
 73.36  to preserve the client's property or financial resources. 
 74.1      Subd. 6.  [RELEASE OF CLIENT RECORDS OR INFORMATION.] When 
 74.2   releasing client records or information under this section, a 
 74.3   social worker must release current, accurate, and complete 
 74.4   records or information. 
 74.5      Sec. 52.  [148D.235] [FEES AND BILLING PRACTICES.] 
 74.6      Subdivision 1.  [FEES AND PAYMENTS.] (a) A social worker 
 74.7   must ensure that a client or a client's legal representative is 
 74.8   informed of all fees at the initial session or meeting with the 
 74.9   client, and that payment for services is arranged with the 
 74.10  client or the client's legal representative at the beginning of 
 74.11  the professional relationship.  Upon request from a client or a 
 74.12  client's legal representative, a social worker must provide in a 
 74.13  timely manner a written payment plan or a written explanation of 
 74.14  the charges for any services rendered. 
 74.15     (b) When providing services authorized or required by law 
 74.16  to a client who does not have the capacity to provide consent 
 74.17  and who does not have a legal representative, a social worker 
 74.18  may submit reasonable bills to an appropriate payer for services 
 74.19  provided. 
 74.20     Subd. 2.  [BILLING FOR SERVICES NOT PROVIDED.] A social 
 74.21  worker must not bill for services that have not been provided 
 74.22  except that, with prior notice to the client, a social worker 
 74.23  may bill for failed appointments or for cancellations without 
 74.24  sufficient notice.  A social worker may bill only for provided 
 74.25  services which are necessary and appropriate. 
 74.26     Subd. 3.  [NO PAYMENT FOR REFERRALS.] A social worker must 
 74.27  not accept or give a commission, rebate, or other form of 
 74.28  remuneration solely or primarily to profit from the referral of 
 74.29  a client. 
 74.30     Subd. 4.  [FEES AND BILLING PRACTICES.] A social worker 
 74.31  must not engage in improper or fraudulent billing practices, 
 74.32  including, but not limited to, violations of the federal 
 74.33  Medicare and Medicaid laws or state medical assistance laws. 
 74.34     Sec. 53.  [148D.240] [REPORTING REQUIREMENTS.] 
 74.35     Subdivision 1.  [FAILURE TO SELF-REPORT ADVERSE 
 74.36  ACTIONS.] The board has grounds to take action under sections 
 75.1   148D.255 to 148D.270 when a social worker fails to report to the 
 75.2   board within 90 days: 
 75.3      (1) having been disciplined, sanctioned, or found to have 
 75.4   violated a state, territorial, provincial, or foreign licensing 
 75.5   agency's laws or rules; 
 75.6      (2) having been convicted of committing a felony, gross 
 75.7   misdemeanor, or misdemeanor reasonably related to the practice 
 75.8   of social work; 
 75.9      (3) having had a finding or verdict of guilt, whether or 
 75.10  not the adjudication of guilt is withheld or not entered, of 
 75.11  committing a felony, gross misdemeanor, or misdemeanor 
 75.12  reasonably related to the practice of social work; 
 75.13     (4) having admitted to committing, or entering a no contest 
 75.14  plea to committing, a felony, gross misdemeanor, or misdemeanor 
 75.15  reasonably related to the practice of social work; or 
 75.16     (5) having been denied licensure by a state, territorial, 
 75.17  provincial, or foreign licensing agency. 
 75.18     Subd. 2.  [FAILURE TO SUBMIT APPLICATION INFORMATION.] The 
 75.19  board has grounds to take action under sections 148D.255 to 
 75.20  148D.270 when an applicant or licensee fails to submit with an 
 75.21  application the following information: 
 75.22     (1) the dates and dispositions of any malpractice 
 75.23  settlements or awards made relating to the social work services 
 75.24  provided by the applicant or licensee; or 
 75.25     (2) the dates and dispositions of any civil litigations or 
 75.26  arbitrations relating to the social work services provided by 
 75.27  the applicant or licensee. 
 75.28     Subd. 3.  [REPORTING OTHER LICENSED HEALTH 
 75.29  PROFESSIONALS.] An applicant or licensee must report to the 
 75.30  appropriate health-related licensing board conduct by a licensed 
 75.31  health professional which would constitute grounds for 
 75.32  disciplinary action under the statutes and rules enforced by 
 75.33  that board. 
 75.34     Subd. 4.  [REPORTING UNLICENSED PRACTICE.] An applicant or 
 75.35  licensee must report to the board conduct by an unlicensed 
 75.36  person which constitutes the practice of social work, as defined 
 76.1   in section 148D.010, except when the unlicensed person is exempt 
 76.2   from licensure pursuant to section 148D.065. 
 76.3      Subd. 5.  [FAILURE TO REPORT OTHER APPLICANTS OR LICENSEES 
 76.4   AND UNLICENSED PRACTICE.] The board has grounds to take action 
 76.5   under sections 148D.255 to 148.270 when an applicant or licensee 
 76.6   fails to report to the board conduct: 
 76.7      (1) by another licensee or applicant which the applicant or 
 76.8   licensee has reason to believe may reasonably constitute grounds 
 76.9   for disciplinary action under this section; or 
 76.10     (2) by an unlicensed person that constitutes the practice 
 76.11  of social work when a license is required to practice social 
 76.12  work. 
 76.13     Subd. 6.  [DUTY TO WARN.] A licensee must comply with the 
 76.14  duty to warn established by section 148.975. 
 76.15     Subd. 7.  [REPORTING MALTREATMENT OF MINORS.] An applicant 
 76.16  or licensee must comply with the reporting of maltreatment of 
 76.17  minors established by section 626.556. 
 76.18     Subd. 8.  [REPORTING MALTREATMENT OF VULNERABLE ADULTS.] An 
 76.19  applicant or licensee must comply with the reporting of 
 76.20  maltreatment of vulnerable adults established by section 626.557.
 76.21     Subd. 9.  [SUBPOENAS.] The board may issue subpoenas 
 76.22  pursuant to section 148D.245 and chapter 214 for the production 
 76.23  of any reports required by this section or any related documents.
 76.24     Sec. 54.  [148D.245] [INVESTIGATIVE POWERS AND PROCEDURES.] 
 76.25     Subdivision 1.  [SUBPOENAS.] (a) The board may issue 
 76.26  subpoenas and compel the attendance of witnesses and the 
 76.27  production of all necessary papers, books, records, documents, 
 76.28  and other evidentiary material as part of its investigation of 
 76.29  an applicant or licensee under this section or chapter 214. 
 76.30     (b) If any person fails or refuses to appear or testify 
 76.31  regarding any matter about which the person may be lawfully 
 76.32  questioned, or fails or refuses to produce any papers, books, 
 76.33  records, documents, or other evidentiary materials in the matter 
 76.34  to be heard, after having been required by order of the board or 
 76.35  by a subpoena of the board to do so, the board may institute a 
 76.36  proceeding in any district court to enforce the board's order or 
 77.1   subpoena. 
 77.2      (c) The board or a designated member of the board acting on 
 77.3   behalf of the board may issue subpoenas or administer oaths to 
 77.4   witnesses or take affirmations.  Depositions may be taken within 
 77.5   or out of the state in the manner provided by law for the taking 
 77.6   of depositions in civil actions. 
 77.7      (d) A subpoena or other process or paper may be served upon 
 77.8   any person named therein, by mail or by any officer authorized 
 77.9   to serve subpoenas or other process or paper in civil actions, 
 77.10  with the same fees and mileage and in the same manner as 
 77.11  prescribed by law for service of process issued out of the 
 77.12  district court of this state. 
 77.13     (e) Fees, mileage, and other costs must be paid as the 
 77.14  board directs. 
 77.15     Subd. 2.  [CLASSIFICATION OF DATA.] (a) Any records 
 77.16  obtained as part of an investigation must be treated as 
 77.17  investigative data under section 13.41 and be classified as 
 77.18  confidential data. 
 77.19     (b) Notwithstanding paragraph (a), client records must be 
 77.20  treated as private data under chapter 13.  Client records must 
 77.21  be protected as private data in the records of the board and in 
 77.22  administrative or judicial proceedings unless the client 
 77.23  authorizes the board in writing to make public the identity of 
 77.24  the client or a portion or all of the client's records. 
 77.25     Subd. 3.  [MENTAL OR PHYSICAL EXAMINATION; CHEMICAL 
 77.26  DEPENDENCY EVALUATION.] (a) If the board has (1) probable cause 
 77.27  to believe that an applicant or licensee has violated a statute 
 77.28  or rule enforced by the board, or an order issued by the board 
 77.29  and (2) the board believes the applicant may have a 
 77.30  health-related condition relevant to the violation, the board 
 77.31  may issue an order directing the applicant or licensee to submit 
 77.32  to one or more of the following:  a mental examination, a 
 77.33  physical examination, or a chemical dependency evaluation. 
 77.34     (b) An examination or evaluation order issued by the board 
 77.35  must include: 
 77.36     (1) factual specifications on which the order is based; 
 78.1      (2) the purpose of the examination or evaluation; 
 78.2      (3) the name of the person or entity that will conduct the 
 78.3   examination or evaluation; and 
 78.4      (4) the means by which the examination or evaluation will 
 78.5   be paid for. 
 78.6      (c) Every applicant or licensee must submit to a mental 
 78.7   examination, a physical examination, or a chemical dependency 
 78.8   evaluation when ordered to do so in writing by the board. 
 78.9      (d) By submitting to a mental examination, a physical 
 78.10  examination, or a chemical dependency evaluation, an applicant 
 78.11  or licensee waives all objections to the admissibility of the 
 78.12  examiner or evaluator's testimony or reports on the grounds that 
 78.13  the testimony or reports constitute a privileged communication. 
 78.14     Subd. 4.  [FAILURE TO SUBMIT TO AN EXAMINATION.] (a) If an 
 78.15  applicant or licensee fails to submit to an examination or 
 78.16  evaluation ordered by the board pursuant to subdivision 3, 
 78.17  unless the failure was due to circumstances beyond the control 
 78.18  of the applicant or licensee, the failure is an admission that 
 78.19  the applicant or licensee violated a statute or rule enforced by 
 78.20  the board as specified in the examination or evaluation order 
 78.21  issued by the board.  The failure may result in an application 
 78.22  being denied or other adversarial, corrective, or disciplinary 
 78.23  action being taken by the board without a contested case hearing.
 78.24     (b) If an applicant or licensee requests a contested case 
 78.25  hearing after the board denies an application or takes other 
 78.26  disciplinary or adversarial action, the only issues which may be 
 78.27  determined at the hearing are: 
 78.28     (1) whether the board had probable cause to issue the 
 78.29  examination or evaluation order; and 
 78.30     (2) whether the failure to submit to the examination or 
 78.31  evaluation was due to circumstances beyond the control of the 
 78.32  applicant or licensee. 
 78.33     (c) Neither the record of a proceeding under this 
 78.34  subdivision nor an order issued by the board may be admissible, 
 78.35  subject to subpoena, or be used against the applicant or 
 78.36  licensee in a proceeding in which the board is not a party or 
 79.1   decision maker. 
 79.2      (d) Information obtained under this subdivision must be 
 79.3   treated as private data under chapter 13.  An order issued by 
 79.4   the board as the result of an applicant's or licensee's failure 
 79.5   to submit to an examination or evaluation must be treated as 
 79.6   public data under chapter 13. 
 79.7      Subd. 5.  [ACCESS TO DATA AND RECORDS.] (a) In addition to 
 79.8   ordering a physical or mental examination or chemical dependency 
 79.9   evaluation, and notwithstanding section 13.384, 144.651, 595.02, 
 79.10  or any other statute limiting access to health records, the 
 79.11  board or a designated member of the board acting on behalf of 
 79.12  the board may subpoena physical, mental, and chemical dependency 
 79.13  health records relating to an applicant or licensee without the 
 79.14  applicant's or licensee's consent if: 
 79.15     (1) the board has probable cause to believe that the 
 79.16  applicant or licensee has violated chapter 214, a statute or 
 79.17  rule enforced by the board, or an order issued by the board; and 
 79.18     (2) the board has reason to believe that the records are 
 79.19  relevant and necessary to the investigation. 
 79.20     (b) An applicant, licensee, insurance company, government 
 79.21  agency, health care facility, or provider as defined in section 
 79.22  144.335, subdivision 1, paragraph (b), must comply with any 
 79.23  subpoena of the board under this subdivision and is not liable 
 79.24  in any action for damages for releasing information subpoenaed 
 79.25  by the board under this subdivision unless the information 
 79.26  provided is false and the person or entity providing the 
 79.27  information knew or had reason to know that the information was 
 79.28  false. 
 79.29     (c) Information on individuals obtained under this 
 79.30  subdivision must be treated as investigative data under section 
 79.31  13.41 and be classified as confidential data. 
 79.32     (d) If an applicant, licensee, person, or entity does not 
 79.33  comply with any subpoena of the board under this subdivision, 
 79.34  the board may institute a proceeding in any district court to 
 79.35  enforce the board's subpoena. 
 79.36     Subd. 6.  [EVIDENCE OF PAST SEXUAL CONDUCT.] If, in a 
 80.1   proceeding for taking action against an applicant or licensee 
 80.2   under this section, the charges involve sexual contact with a 
 80.3   client or former client, the board or administrative law judge 
 80.4   must not consider evidence of the client's or former client's 
 80.5   previous sexual conduct.  Reference to the client's or former 
 80.6   client's previous sexual conduct must not be made during the 
 80.7   proceedings or in the findings, except by motion of the 
 80.8   complainant, unless the evidence would be admissible under the 
 80.9   applicable provisions of section 609.347, subdivision 3. 
 80.10     Subd. 7.  [INVESTIGATIONS INVOLVING VULNERABLE ADULTS OR 
 80.11  CHILDREN IN NEED OF PROTECTION.] (a) Except as provided in 
 80.12  paragraph (b), if the board receives a complaint about a social 
 80.13  worker regarding the social worker's involvement in a case of 
 80.14  vulnerable adults or children in need of protection, the county 
 80.15  or other appropriate public authority may request that the board 
 80.16  suspend its investigation, and the board must comply until such 
 80.17  time as the court issues its findings on the case. 
 80.18     (b) Notwithstanding paragraph (a), the board may continue 
 80.19  with an investigation if the board determines that doing so is 
 80.20  in the best interests of the vulnerable adult or child and is 
 80.21  consistent with the board's obligation to protect the public.  
 80.22  If the board chooses to continue an investigation, the board 
 80.23  must notify the county or other appropriate public authority in 
 80.24  writing and state its reasons for doing so. 
 80.25     Subd. 8.  [NOTIFICATION OF COMPLAINANT.] (a) In no more 
 80.26  than 14 calendar days after receiving a complaint regarding a 
 80.27  licensee, the board must notify the complainant that the board 
 80.28  has received the complaint. 
 80.29     (b) The board must periodically notify the complainant of 
 80.30  the status of the complaint. 
 80.31     Subd. 9.  [NOTIFICATION OF LICENSEE.] (a) Except as 
 80.32  provided in paragraph (b), in no more than 60 calendar days 
 80.33  after receiving a complaint regarding a licensee, the board must 
 80.34  notify the licensee that the board has received the complaint 
 80.35  and inform the licensee of: 
 80.36     (1) the substance of the complaint; 
 81.1      (2) the sections of the law that allegedly have been 
 81.2   violated; and 
 81.3      (3) whether an investigation is being conducted. 
 81.4      (b) Paragraph (a) does not apply if: 
 81.5      (1) the board determines that such notice would compromise 
 81.6   the board's investigation pursuant to section 214.10; or 
 81.7      (2) the board determines that such notice cannot reasonably 
 81.8   be accomplished within this time. 
 81.9      (c) The board must periodically notify the licensee of the 
 81.10  status of the complaint. 
 81.11     Subd. 10.  [RESOLUTION OF COMPLAINTS.] In no more than one 
 81.12  year after receiving a complaint regarding a licensee, the board 
 81.13  must resolve or dismiss the complaint unless the board 
 81.14  determines that resolving or dismissing the complaint cannot 
 81.15  reasonably be accomplished within this time. 
 81.16     Sec. 55.  [148D.250] [OBLIGATION TO COOPERATE.] 
 81.17     Subdivision 1.  [OBLIGATION TO COOPERATE.] An applicant or 
 81.18  licensee who is the subject of an investigation, or who is 
 81.19  questioned by or on behalf of the board in connection with an 
 81.20  investigation, must cooperate fully with the investigation.  
 81.21  Cooperation includes, but is not limited to: 
 81.22     (1) responding fully and promptly to any question relating 
 81.23  to the investigation; 
 81.24     (2) as reasonably requested by the board, providing copies 
 81.25  of client and other records in the applicant's or licensee's 
 81.26  possession relating to the investigation; 
 81.27     (3) executing release of records as reasonably requested by 
 81.28  the board; and 
 81.29     (4) appearing at conferences, hearings, or meetings 
 81.30  scheduled by the board, as required in sections 148D.255 to 
 81.31  148D.270 and chapter 214. 
 81.32     Subd. 2.  [INVESTIGATION.] A social worker must not 
 81.33  knowingly withhold relevant information, give false or 
 81.34  misleading information, or do anything to obstruct an 
 81.35  investigation of the social worker or another social worker by 
 81.36  the board or by another state or federal regulatory or law 
 82.1   enforcement authority. 
 82.2      Subd. 3.  [PAYMENT FOR COPIES.] The board must pay for 
 82.3   copies requested by the board. 
 82.4      Subd. 4.  [ACCESS TO CLIENT RECORDS.] Notwithstanding any 
 82.5   law to the contrary, an applicant or licensee must allow the 
 82.6   board access to any records of a client provided services by the 
 82.7   applicant or licensee under investigation.  If the client has 
 82.8   not signed a consent permitting access to the client's records, 
 82.9   the applicant or licensee must delete any data in the records 
 82.10  that identifies the client before providing the records to the 
 82.11  board. 
 82.12     Subd. 5.  [CLASSIFICATION OF DATA.] Any records obtained 
 82.13  pursuant to this subdivision must be treated as investigative 
 82.14  data pursuant to section 13.41 and be classified as confidential 
 82.15  data. 
 82.16     Sec. 56.  [148D.255] [TYPES OF ACTIONS.] 
 82.17     Subdivision 1.  [ACTIONS.] The board may take disciplinary 
 82.18  action pursuant to section 148D.260, adversarial but 
 82.19  nondisciplinary action pursuant to section 148D.265, or 
 82.20  voluntary action pursuant to section 148D.270.  Any action taken 
 82.21  under sections 148D.260 to 148D.270 is public data. 
 82.22     Subd. 2.  [DISCIPLINARY ACTION.] For purposes of section 
 82.23  148D.260, "disciplinary action" means an action taken by the 
 82.24  board against an applicant or licensee that addresses a 
 82.25  complaint alleging a violation of a statute or rule the board is 
 82.26  empowered to enforce. 
 82.27     Subd. 3.  [ADVERSARIAL BUT NONDISCIPLINARY ACTION.] For 
 82.28  purposes of section 148D.265, "adversarial but nondisciplinary 
 82.29  action" means a nondisciplinary action taken by the board that 
 82.30  addresses a complaint alleging a violation of a statute or rule 
 82.31  the board is empowered to enforce. 
 82.32     Subd. 4.  [VOLUNTARY ACTION.] For purposes of section 
 82.33  148D.270, "voluntary action" means a nondisciplinary action 
 82.34  agreed to by the board or a designated board member and an 
 82.35  applicant or licensee that, through educational or other 
 82.36  corrective means, addresses a complaint alleging a violation of 
 83.1   a statute or rule that the board is empowered to enforce. 
 83.2      Sec. 57.  [148D.260] [DISCIPLINARY ACTIONS.] 
 83.3      Subdivision 1.  [GENERAL DISCIPLINARY ACTIONS.] (a) When 
 83.4   the board has grounds for disciplinary actions under this 
 83.5   chapter, the board may take one or more of the following 
 83.6   disciplinary actions: 
 83.7      (1) deny an application; 
 83.8      (2) permanently revoke a license to practice social work; 
 83.9      (3) indefinitely or temporarily suspend a license to 
 83.10  practice social work; 
 83.11     (4) impose restrictions on a licensee's scope of practice; 
 83.12     (5) impose conditions required for the licensee to maintain 
 83.13  licensure, including, but not limited to, additional education, 
 83.14  supervision, and requiring the passing of an examination 
 83.15  provided for in section 148D.055; 
 83.16     (6) reprimand a licensee; 
 83.17     (7) impose a civil penalty of up to $10,000 for each 
 83.18  violation in order to discourage future violations or to deprive 
 83.19  the licensee of any economic advantage gained by reason of the 
 83.20  violation; or 
 83.21     (8) impose a fee to reimburse the board for all or part of 
 83.22  the cost of the proceedings resulting in disciplinary action, 
 83.23  including, but not limited to, the amount paid by the board for 
 83.24  services received from or expenses incurred by the Office of 
 83.25  Administrative Hearings, the Office of the Attorney General, 
 83.26  court reporters, witnesses, board members, board staff, or the 
 83.27  amount paid by the board for reproducing records. 
 83.28     (b) Disciplinary action taken by the board under this 
 83.29  subdivision is in effect pending determination of an appeal 
 83.30  unless the court, upon petition and for good cause shown, 
 83.31  decides otherwise. 
 83.32     Subd. 2.  [REPRIMANDS.] (a) In addition to the board's 
 83.33  authority to issue a reprimand pursuant to subdivision 1, a 
 83.34  designated board member reviewing a complaint as provided for in 
 83.35  chapter 214 may issue a reprimand to a licensee.  The designated 
 83.36  board member must notify the licensee that the reprimand will 
 84.1   become final disciplinary action unless the licensee requests a 
 84.2   hearing by the board within 14 calendar days. 
 84.3      (b) If the licensee requests a hearing within 14 calendar 
 84.4   days, the board must schedule a hearing unless the designated 
 84.5   board member withdraws the reprimand. 
 84.6      (c) The hearing must be scheduled within 14 working days of 
 84.7   the time the licensee submits a request for the hearing. 
 84.8      (d) The designated board member who issued the reprimand 
 84.9   may participate in the hearing but must not deliberate or vote 
 84.10  on the decision by the board. 
 84.11     (e) The only evidence permitted at the hearing is 
 84.12  affidavits or other documents except for testimony by the 
 84.13  licensee or other witnesses whose testimony the board chair has 
 84.14  authorized for good cause. 
 84.15     (f) If testimony is authorized, the testimony is subject to 
 84.16  cross-examination. 
 84.17     (g) After the hearing, the board must affirm or dismiss the 
 84.18  reprimand. 
 84.19     Subd. 3.  [TEMPORARY SUSPENSIONS.] (a) In addition to any 
 84.20  other remedy provided by statute, the board or a designated 
 84.21  board member may, without a hearing, temporarily suspend a 
 84.22  license to practice social work if the board or the designated 
 84.23  board member finds that: 
 84.24     (1) the licensee has violated a statute or rule enforced by 
 84.25  the board, any other federal or state law or rule related to the 
 84.26  practice of social work, or an order, stipulation, or agreement 
 84.27  agreed to or issued by the board; and 
 84.28     (2) continued practice by the licensee would create a 
 84.29  serious risk of harm to others. 
 84.30     (b) The suspension is in effect upon service of a written 
 84.31  order on the licensee specifying the statute, rule, order, 
 84.32  stipulation, or agreement violated.  Service of the order is 
 84.33  effective if the order is served on the licensee or the 
 84.34  licensee's attorney personally or by first class mail to the 
 84.35  most recent address provided to the board for the licensee or 
 84.36  the licensee's attorney. 
 85.1      (c) The temporary suspension remains in effect until after 
 85.2   the board issues an order pursuant to paragraph (e), or if there 
 85.3   is a contested case hearing, after the board issues a written 
 85.4   final order pursuant to paragraph (g). 
 85.5      (d) If the licensee requests in writing within five 
 85.6   calendar days of service of the order that the board hold a 
 85.7   hearing, the board must hold a hearing on the sole issue of 
 85.8   whether to continue, modify, or lift the suspension.  The board 
 85.9   must hold the hearing within ten working days of receipt of the 
 85.10  licensee's written request.  Evidence presented by the board or 
 85.11  licensee must be in affidavit form only, except that the 
 85.12  licensee or the licensee's attorney may present oral argument. 
 85.13     (e) Within five working days after the hearing, the board 
 85.14  must issue its order.  If the licensee contests the order, the 
 85.15  board must schedule a contested case hearing under chapter 14.  
 85.16  The contested case hearing must be scheduled to occur within 45 
 85.17  calendar days after issuance of the order. 
 85.18     (f) The administrative law judge must issue a report within 
 85.19  30 calendar days after the contested case hearing is concluded. 
 85.20     (g) The board must issue a final order within 30 calendar 
 85.21  days after the board receives the administrative law judge's 
 85.22  report. 
 85.23     Sec. 58.  [148D.265] [ADVERSARIAL BUT NONDISCIPLINARY 
 85.24  ACTIONS.] 
 85.25     Subdivision 1.  [AUTOMATIC SUSPENSIONS.] (a) A license to 
 85.26  practice social work is automatically suspended if: 
 85.27     (1) a guardian of a licensee is appointed by order of a 
 85.28  court pursuant to sections 524.5-101 and 524.5.102; or 
 85.29     (2) the licensee is committed by order of a court pursuant 
 85.30  to chapter 253B. 
 85.31     (b) A license remains suspended until: 
 85.32     (1) the licensee is restored to capacity by a court; and 
 85.33     (2) upon petition by the licensee and after a hearing or an 
 85.34  agreement with the licensee, the board terminates the suspension.
 85.35     (c) If the board terminates the suspension, it may do so 
 85.36  with or without conditions or restrictions, including, but not 
 86.1   limited to, participation in the health professional services 
 86.2   program. 
 86.3      Subd. 2.  [CEASE AND DESIST ORDERS.] (a) The board or a 
 86.4   designated board member may issue a cease and desist order to 
 86.5   stop a person from engaging in unauthorized practice or from 
 86.6   violating or threatening to violate a statute or rule enforced 
 86.7   by the board or an order, stipulation, or agreement agreed to or 
 86.8   issued by the board. 
 86.9      (b) The cease and desist order must state the reason for 
 86.10  its issuance and give notice of the person's right to request a 
 86.11  hearing under sections 14.57 to 14.62.  If the person fails to 
 86.12  request a hearing in writing postmarked within 15 calendar days 
 86.13  after service of the cease and desist order, the order is the 
 86.14  final order of the board and is not reviewable by a court or 
 86.15  agency. 
 86.16     (c) If the board receives a written request for a hearing 
 86.17  postmarked within 15 calendar days after service of the cease 
 86.18  and desist order, the board must schedule a hearing within 30 
 86.19  calendar days of receiving the request. 
 86.20     (d) The administrative law judge must issue a report within 
 86.21  30 calendar days after the contested case hearing is concluded. 
 86.22     (e) Within 30 calendar days after the board receives the 
 86.23  administrative law judge's report, the board must issue a final 
 86.24  order modifying, vacating, or making permanent the cease and 
 86.25  desist order.  The final order remains in effect until modified 
 86.26  or vacated by the board. 
 86.27     (f) If a person does not comply with a cease and desist 
 86.28  order, the board may institute a proceeding in any district 
 86.29  court to obtain injunctive relief or other appropriate relief, 
 86.30  including but not limited to, a civil penalty payable to the 
 86.31  board of up to $10,000 for each violation. 
 86.32     (g) A cease and desist order issued pursuant to this 
 86.33  subdivision does not relieve a person from criminal prosecution 
 86.34  by a competent authority or from disciplinary action by the 
 86.35  board. 
 86.36     Subd. 3.  [INJUNCTIVE RELIEF.] (a) In addition to any other 
 87.1   remedy provided by law, the board may bring an action in 
 87.2   district court for injunctive relief to restrain any 
 87.3   unauthorized practice or violation or threatened violation of 
 87.4   any statute or rule, stipulation, or agreement agreed to or 
 87.5   enforced by the board or an order issued by the board. 
 87.6      (b) A temporary restraining order may be granted in the 
 87.7   proceeding if continued activity by a person would create an 
 87.8   imminent risk of harm to others. 
 87.9      (c) Injunctive relief granted pursuant to this subdivision 
 87.10  does not relieve a person from criminal prosecution by a 
 87.11  competent authority or from disciplinary action by the board. 
 87.12     (d) In bringing an action for injunctive relief, the board 
 87.13  need not show irreparable harm. 
 87.14     Sec. 59.  [148D.270] [VOLUNTARY ACTIONS.] 
 87.15     Subdivision 1.  [AGREEMENTS FOR CORRECTIVE ACTION.] (a) The 
 87.16  board or a designated board member may enter into an agreement 
 87.17  for corrective action with an applicant or licensee when the 
 87.18  board or a designated board member determines that a complaint 
 87.19  alleging a violation of a statute or rule enforced by the board 
 87.20  or an order issued by the board may best be resolved through an 
 87.21  agreement for corrective action when disciplinary action is not 
 87.22  required to protect the public. 
 87.23     (b) An agreement for corrective action must: 
 87.24     (1) be in writing; 
 87.25     (2) specify the facts upon which the agreement is based; 
 87.26     (3) clearly indicate the corrective action agreed upon; and 
 87.27     (4) provide that the complaint that resulted in the 
 87.28  agreement must be dismissed by the board or the designated board 
 87.29  member upon successful completion of the corrective action. 
 87.30     (c) The board or designated board member may determine 
 87.31  successful completion when the applicant or licensee submits a 
 87.32  request for dismissal that documents the applicant's or 
 87.33  licensee's successful completion of the corrective action.  The 
 87.34  burden of proof is on the applicant or licensee to prove 
 87.35  successful completion. 
 87.36     (d) An agreement for corrective action is not disciplinary 
 88.1   action but must be treated as public data under chapter 13. 
 88.2      (e) The board may impose a fee to reimburse the board for 
 88.3   all or part of the costs of the proceedings resulting in a 
 88.4   corrective action, including, but not limited to, the amount 
 88.5   paid by the board for services received from or expenses 
 88.6   incurred by the Office of the Attorney General, board members, 
 88.7   board staff, or the amount paid by the board for reproducing 
 88.8   records. 
 88.9      (f) The board or designated board member must not enter 
 88.10  into an agreement for corrective action when the complaint 
 88.11  alleged sexual conduct with a client unless there is 
 88.12  insufficient evidence to justify disciplinary action but there 
 88.13  is a basis for corrective action. 
 88.14     Subd. 2.  [STIPULATIONS TO CEASE PRACTICING SOCIAL 
 88.15  WORK.] (a) The board or a designated board member may enter into 
 88.16  a stipulation to cease practicing social work with a licensee if 
 88.17  the board or designated board member determines that the 
 88.18  licensee is unable to practice social work competently or safely 
 88.19  or that the social worker's continued practice creates an 
 88.20  unacceptable risk of safety to clients, potential clients, or 
 88.21  the public. 
 88.22     (b) A stipulation to cease practicing social work must: 
 88.23     (1) be in writing; 
 88.24     (2) specify the facts upon which the stipulation is based; 
 88.25     (3) clearly indicate that the licensee must not practice 
 88.26  social work and must not hold out to the public that the social 
 88.27  worker is licensed; and 
 88.28     (4) specify the term of the stipulation or when and under 
 88.29  what circumstances the licensee may petition the board for 
 88.30  termination of the stipulation. 
 88.31     (c) A stipulation to cease practicing social work is not 
 88.32  disciplinary action but must be treated as public data under 
 88.33  chapter 13. 
 88.34     (d) Nothing in this subdivision prevents the board or 
 88.35  designated board member from taking any other disciplinary or 
 88.36  adversarial action authorized by sections 148D.255 to 148D.265 
 89.1   in lieu of or in addition to entering into a stipulation to 
 89.2   cease practicing social work. 
 89.3      Sec. 60.  [148D.275] [UNAUTHORIZED PRACTICE.] 
 89.4      No individual may: 
 89.5      (1) engage in the practice of social work without a social 
 89.6   work license under sections 148D.055 and 148D.060, except when 
 89.7   the individual is exempt from licensure pursuant to section 
 89.8   148D.065; 
 89.9      (2) provide social work services to a client who resides in 
 89.10  this state when the individual providing the services is not 
 89.11  licensed as a social worker pursuant to sections 148D.055 to 
 89.12  148D.060, except when the individual is exempt from licensure 
 89.13  pursuant to section 148D.065. 
 89.14     Sec. 61.  [148D.280] [USE OF TITLES.] 
 89.15     No individual may be presented to the public by any title 
 89.16  incorporating the words "social work" or "social worker" or in 
 89.17  the titles in section 148D.195, unless that individual holds a 
 89.18  license pursuant to sections 148D.055 and 148D.060, or practices 
 89.19  in a setting exempt from licensure pursuant to section 148D.065. 
 89.20     Sec. 62.  [148D.285] [REPORTING REQUIREMENTS.] 
 89.21     Subdivision 1.  [INSTITUTIONS.] A state agency, political 
 89.22  subdivision, agency of a local unit of government, private 
 89.23  agency, hospital, clinic, prepaid medical plan, or other health 
 89.24  care institution or organization must report to the board: 
 89.25     (1) any adversarial action, disciplinary action, or other 
 89.26  sanction for conduct that might constitute grounds for action 
 89.27  under section 148D.190; 
 89.28     (2) the resignation of any applicant or licensee prior to 
 89.29  the conclusion of any proceeding for adversarial action, 
 89.30  disciplinary action, or other sanction for conduct that might 
 89.31  constitute grounds for action under section 148D.190; or 
 89.32     (3) the resignation of any applicant or licensee prior to 
 89.33  the commencement of a proceeding for adversarial action, 
 89.34  disciplinary action, or other sanction for conduct that might 
 89.35  constitute grounds for action under section 148D.190, but after 
 89.36  the applicant or licensee had knowledge that a proceeding was 
 90.1   contemplated or in preparation. 
 90.2      Subd. 2.  [PROFESSIONAL SOCIETIES AND ASSOCIATIONS.] A 
 90.3   state or local professional society or association whose members 
 90.4   consist primarily of licensed social workers must report to the 
 90.5   board any adversarial action, disciplinary action, or other 
 90.6   sanction taken against a member. 
 90.7      Subd. 3.  [IMMUNITY.] An individual, professional society 
 90.8   or association, state agency, political subdivision, agency of a 
 90.9   local unit of government, private agency, hospital, clinic, 
 90.10  prepaid medical plan, other health care institution or 
 90.11  organization or other entity is immune from civil liability or 
 90.12  criminal prosecution for submitting in good faith a report under 
 90.13  subdivision 1 or 2 or for otherwise reporting, providing 
 90.14  information, or testifying about violations or alleged 
 90.15  violations of this chapter. 
 90.16     Sec. 63.  [148D.290] [PENALTIES.] 
 90.17     An individual or other entity that violates section 
 90.18  148D.275, 148D.280, or 148D.285 is guilty of a misdemeanor. 
 90.19     Sec. 64.  Minnesota Statutes 2004, section 214.01, 
 90.20  subdivision 2, is amended to read: 
 90.21     Subd. 2.  [HEALTH-RELATED LICENSING BOARD.] "Health-related 
 90.22  licensing board" means the Board of Examiners of Nursing Home 
 90.23  Administrators established pursuant to section 144A.19, the 
 90.24  Office of Unlicensed Complementary and Alternative Health Care 
 90.25  Practice established pursuant to section 146A.02, the Board of 
 90.26  Medical Practice created pursuant to section 147.01, the Board 
 90.27  of Nursing created pursuant to section 148.181, the Board of 
 90.28  Chiropractic Examiners established pursuant to section 148.02, 
 90.29  the Board of Optometry established pursuant to section 148.52, 
 90.30  the Board of Physical Therapy established pursuant to section 
 90.31  148.67, the Board of Psychology established pursuant to section 
 90.32  148.90, the Board of Social Work pursuant to section 148B.19 
 90.33  148D.025, the Board of Marriage and Family Therapy pursuant to 
 90.34  section 148B.30, the Office of Mental Health Practice 
 90.35  established pursuant to section 148B.61, the Board of Behavioral 
 90.36  Health and Therapy established by section 148B.51, the Alcohol 
 91.1   and Drug Counselors Licensing Advisory Council established 
 91.2   pursuant to section 148C.02, the Board of Dietetics and 
 91.3   Nutrition Practice established under section 148.622, the Board 
 91.4   of Dentistry established pursuant to section 150A.02, the Board 
 91.5   of Pharmacy established pursuant to section 151.02, the Board of 
 91.6   Podiatric Medicine established pursuant to section 153.02, and 
 91.7   the Board of Veterinary Medicine, established pursuant to 
 91.8   section 156.01. 
 91.9      Sec. 65.  Minnesota Statutes 2004, section 245.462, 
 91.10  subdivision 18, is amended to read: 
 91.11     Subd. 18.  [MENTAL HEALTH PROFESSIONAL.] "Mental health 
 91.12  professional" means a person providing clinical services in the 
 91.13  treatment of mental illness who is qualified in at least one of 
 91.14  the following ways:  
 91.15     (1) in psychiatric nursing:  a registered nurse who is 
 91.16  licensed under sections 148.171 to 148.285; and: 
 91.17     (i) who is certified as a clinical specialist or as a nurse 
 91.18  practitioner in adult or family psychiatric and mental health 
 91.19  nursing by a national nurse certification organization; or 
 91.20     (ii) who has a master's degree in nursing or one of the 
 91.21  behavioral sciences or related fields from an accredited college 
 91.22  or university or its equivalent, with at least 4,000 hours of 
 91.23  post-master's supervised experience in the delivery of clinical 
 91.24  services in the treatment of mental illness; 
 91.25     (2) in clinical social work:  a person licensed as an 
 91.26  independent clinical social worker under section 148B.21, 
 91.27  subdivision 6 chapter 148D, or a person with a master's degree 
 91.28  in social work from an accredited college or university, with at 
 91.29  least 4,000 hours of post-master's supervised experience in the 
 91.30  delivery of clinical services in the treatment of mental 
 91.31  illness; 
 91.32     (3) in psychology:  an individual licensed by the Board of 
 91.33  Psychology under sections 148.88 to 148.98 who has stated to the 
 91.34  Board of Psychology competencies in the diagnosis and treatment 
 91.35  of mental illness; 
 91.36     (4) in psychiatry:  a physician licensed under chapter 147 
 92.1   and certified by the American Board of Psychiatry and Neurology 
 92.2   or eligible for board certification in psychiatry; 
 92.3      (5) in marriage and family therapy:  the mental health 
 92.4   professional must be a marriage and family therapist licensed 
 92.5   under sections 148B.29 to 148B.39 with at least two years of 
 92.6   post-master's supervised experience in the delivery of clinical 
 92.7   services in the treatment of mental illness; or 
 92.8      (6) in allied fields:  a person with a master's degree from 
 92.9   an accredited college or university in one of the behavioral 
 92.10  sciences or related fields, with at least 4,000 hours of 
 92.11  post-master's supervised experience in the delivery of clinical 
 92.12  services in the treatment of mental illness. 
 92.13     Sec. 66.  Minnesota Statutes 2004, section 245.4871, 
 92.14  subdivision 27, is amended to read: 
 92.15     Subd. 27.  [MENTAL HEALTH PROFESSIONAL.] "Mental health 
 92.16  professional" means a person providing clinical services in the 
 92.17  diagnosis and treatment of children's emotional disorders.  A 
 92.18  mental health professional must have training and experience in 
 92.19  working with children consistent with the age group to which the 
 92.20  mental health professional is assigned.  A mental health 
 92.21  professional must be qualified in at least one of the following 
 92.22  ways:  
 92.23     (1) in psychiatric nursing, the mental health professional 
 92.24  must be a registered nurse who is licensed under sections 
 92.25  148.171 to 148.285 and who is certified as a clinical specialist 
 92.26  in child and adolescent psychiatric or mental health nursing by 
 92.27  a national nurse certification organization or who has a 
 92.28  master's degree in nursing or one of the behavioral sciences or 
 92.29  related fields from an accredited college or university or its 
 92.30  equivalent, with at least 4,000 hours of post-master's 
 92.31  supervised experience in the delivery of clinical services in 
 92.32  the treatment of mental illness; 
 92.33     (2) in clinical social work, the mental health professional 
 92.34  must be a person licensed as an independent clinical social 
 92.35  worker under section 148B.21, subdivision 6 chapter 148D, or a 
 92.36  person with a master's degree in social work from an accredited 
 93.1   college or university, with at least 4,000 hours of 
 93.2   post-master's supervised experience in the delivery of clinical 
 93.3   services in the treatment of mental disorders; 
 93.4      (3) in psychology, the mental health professional must be 
 93.5   an individual licensed by the board of psychology under sections 
 93.6   148.88 to 148.98 who has stated to the board of psychology 
 93.7   competencies in the diagnosis and treatment of mental disorders; 
 93.8      (4) in psychiatry, the mental health professional must be a 
 93.9   physician licensed under chapter 147 and certified by the 
 93.10  American board of psychiatry and neurology or eligible for board 
 93.11  certification in psychiatry; 
 93.12     (5) in marriage and family therapy, the mental health 
 93.13  professional must be a marriage and family therapist licensed 
 93.14  under sections 148B.29 to 148B.39 with at least two years of 
 93.15  post-master's supervised experience in the delivery of clinical 
 93.16  services in the treatment of mental disorders or emotional 
 93.17  disturbances; or 
 93.18     (6) in allied fields, the mental health professional must 
 93.19  be a person with a master's degree from an accredited college or 
 93.20  university in one of the behavioral sciences or related fields, 
 93.21  with at least 4,000 hours of post-master's supervised experience 
 93.22  in the delivery of clinical services in the treatment of 
 93.23  emotional disturbances. 
 93.24     Sec. 67.  Minnesota Statutes 2004, section 256B.0625, 
 93.25  subdivision 38, is amended to read: 
 93.26     Subd. 38.  [PAYMENTS FOR MENTAL HEALTH SERVICES.] Payments 
 93.27  for mental health services covered under the medical assistance 
 93.28  program that are provided by masters-prepared mental health 
 93.29  professionals shall be 80 percent of the rate paid to 
 93.30  doctoral-prepared professionals.  Payments for mental health 
 93.31  services covered under the medical assistance program that are 
 93.32  provided by masters-prepared mental health professionals 
 93.33  employed by community mental health centers shall be 100 percent 
 93.34  of the rate paid to doctoral-prepared professionals.  For 
 93.35  purposes of reimbursement of mental health professionals under 
 93.36  the medical assistance program, all social workers who: 
 94.1      (1) have received a master's degree in social work from a 
 94.2   program accredited by the Council on Social Work Education; 
 94.3      (2) are licensed at the level of graduate social worker or 
 94.4   independent social worker; and 
 94.5      (3) are practicing clinical social work under appropriate 
 94.6   supervision, as defined by section 148B.18 chapter 148D; meet 
 94.7   all requirements under Minnesota Rules, part 9505.0323, subpart 
 94.8   24, and shall be paid accordingly.  
 94.9      Sec. 68.  Minnesota Statutes 2004, section 256J.08, 
 94.10  subdivision 73a, is amended to read: 
 94.11     Subd. 73a.  [QUALIFIED PROFESSIONAL.] (a) For physical 
 94.12  illness, injury, or incapacity, a "qualified professional" means 
 94.13  a licensed physician, a physician's assistant, a nurse 
 94.14  practitioner, or a licensed chiropractor. 
 94.15     (b) For mental retardation and intelligence testing, a 
 94.16  "qualified professional" means an individual qualified by 
 94.17  training and experience to administer the tests necessary to 
 94.18  make determinations, such as tests of intellectual functioning, 
 94.19  assessments of adaptive behavior, adaptive skills, and 
 94.20  developmental functioning.  These professionals include licensed 
 94.21  psychologists, certified school psychologists, or certified 
 94.22  psychometrists working under the supervision of a licensed 
 94.23  psychologist. 
 94.24     (c) For learning disabilities, a "qualified professional" 
 94.25  means a licensed psychologist or school psychologist with 
 94.26  experience determining learning disabilities.  
 94.27     (d) For mental health, a "qualified professional" means a 
 94.28  licensed physician or a qualified mental health professional.  A 
 94.29  "qualified mental health professional" means: 
 94.30     (1) for children, in psychiatric nursing, a registered 
 94.31  nurse who is licensed under sections 148.171 to 148.285, and who 
 94.32  is certified as a clinical specialist in child and adolescent 
 94.33  psychiatric or mental health nursing by a national nurse 
 94.34  certification organization or who has a master's degree in 
 94.35  nursing or one of the behavioral sciences or related fields from 
 94.36  an accredited college or university or its equivalent, with at 
 95.1   least 4,000 hours of post-master's supervised experience in the 
 95.2   delivery of clinical services in the treatment of mental 
 95.3   illness; 
 95.4      (2) for adults, in psychiatric nursing, a registered nurse 
 95.5   who is licensed under sections 148.171 to 148.285, and who is 
 95.6   certified as a clinical specialist in adult psychiatric and 
 95.7   mental health nursing by a national nurse certification 
 95.8   organization or who has a master's degree in nursing or one of 
 95.9   the behavioral sciences or related fields from an accredited 
 95.10  college or university or its equivalent, with at least 4,000 
 95.11  hours of post-master's supervised experience in the delivery of 
 95.12  clinical services in the treatment of mental illness; 
 95.13     (3) in clinical social work, a person licensed as an 
 95.14  independent clinical social worker under section 148B.21, 
 95.15  subdivision 6 chapter 148D, or a person with a master's degree 
 95.16  in social work from an accredited college or university, with at 
 95.17  least 4,000 hours of post-master's supervised experience in the 
 95.18  delivery of clinical services in the treatment of mental 
 95.19  illness; 
 95.20     (4) in psychology, an individual licensed by the Board of 
 95.21  Psychology under sections 148.88 to 148.98, who has stated to 
 95.22  the Board of Psychology competencies in the diagnosis and 
 95.23  treatment of mental illness; 
 95.24     (5) in psychiatry, a physician licensed under chapter 147 
 95.25  and certified by the American Board of Psychiatry and Neurology 
 95.26  or eligible for board certification in psychiatry; and 
 95.27     (6) in marriage and family therapy, the mental health 
 95.28  professional must be a marriage and family therapist licensed 
 95.29  under sections 148B.29 to 148B.39, with at least two years of 
 95.30  post-master's supervised experience in the delivery of clinical 
 95.31  services in the treatment of mental illness. 
 95.32     Sec. 69.  Minnesota Statutes 2004, section 319B.02, 
 95.33  subdivision 19, is amended to read: 
 95.34     Subd. 19.  [PROFESSIONAL SERVICES.] "Professional services" 
 95.35  means services of the type required or permitted to be furnished 
 95.36  by a professional under a license, registration, or certificate 
 96.1   issued by the state of Minnesota to practice medicine and 
 96.2   surgery under sections 147.01 to 147.22, as a physician 
 96.3   assistant pursuant to sections 147A.01 to 147A.27, chiropractic 
 96.4   under sections 148.01 to 148.105, registered nursing under 
 96.5   sections 148.171 to 148.285, optometry under sections 148.52 to 
 96.6   148.62, psychology under sections 148.88 to 148.98, social work 
 96.7   under sections 148B.18 to 148B.289 chapter 148D, dentistry and 
 96.8   dental hygiene under sections 150A.01 to 150A.12, pharmacy under 
 96.9   sections 151.01 to 151.40, podiatric medicine under sections 
 96.10  153.01 to 153.25, veterinary medicine under sections 156.001 to 
 96.11  156.14, architecture, engineering, surveying, landscape 
 96.12  architecture, geoscience, and certified interior design under 
 96.13  sections 326.02 to 326.15, accountancy under chapter 326A, or 
 96.14  law under sections 481.01 to 481.17, or under a license or 
 96.15  certificate issued by another state under similar laws.  
 96.16  Professional services includes services of the type required to 
 96.17  be furnished by a professional pursuant to a license or other 
 96.18  authority to practice law under the laws of a foreign nation. 
 96.19     Sec. 70.  Minnesota Statutes 2004, section 319B.40, is 
 96.20  amended to read: 
 96.21     319B.40 [PROFESSIONAL HEALTH SERVICES.] 
 96.22     (a) Individuals who furnish professional services pursuant 
 96.23  to a license, registration, or certificate issued by the state 
 96.24  of Minnesota to practice medicine pursuant to sections 147.01 to 
 96.25  147.22, as a physician assistant pursuant to sections 147A.01 to 
 96.26  147A.27, chiropractic pursuant to sections 148.01 to 148.106, 
 96.27  registered nursing pursuant to sections 148.171 to 148.285, 
 96.28  optometry pursuant to sections 148.52 to 148.62, psychology 
 96.29  pursuant to sections 148.88 to 148.98, social work pursuant to 
 96.30  sections 148B.18 to 148B.289 chapter 148D, dentistry pursuant to 
 96.31  sections 150A.01 to 150A.12, pharmacy pursuant to sections 
 96.32  151.01 to 151.40, or podiatric medicine pursuant to sections 
 96.33  153.01 to 153.26 are specifically authorized to practice any of 
 96.34  these categories of services in combination if the individuals 
 96.35  are organized under this chapter. 
 96.36     (b) This authorization does not authorize an individual to 
 97.1   practice any profession, or furnish a professional service, for 
 97.2   which the individual is not licensed, registered, or certified, 
 97.3   but otherwise applies regardless of any contrary provision of a 
 97.4   licensing statute or rules adopted pursuant to that statute, 
 97.5   related to practicing and organizing in combination with other 
 97.6   health services professionals. 
 97.7      Sec. 71.  [REPEALER.] 
 97.8      Subdivision 1.  [REPEAL OF STATUTES.] Minnesota Statutes 
 97.9   2004, sections 148B.18; 148B.185; 148B.19; 148B.20; 148B.21; 
 97.10  148B.215; 148B.22; 148B.224; 148B.225; 148B.226; 148B.24; 
 97.11  148B.25; 148B.26; 148B.27; 148B.28; 148B.281; 148B.282; 
 97.12  148B.283; 148B.284; 148B.285; 148B.286; 148B.287; 148B.288; and 
 97.13  148B.289, are repealed. 
 97.14     Subd. 2.  [REPEAL OF RULES.] Minnesota Rules, parts 
 97.15  8740.0100; 8740.0110; 8740.0120; 8740.0122; 8740.0130; 
 97.16  8740.0155; 8740.0185; 8740.0187; 8740.0200; 8740.0240; 
 97.17  8740.0260; 8740.0285; 8740.0300; 8740.0310; 8740.0315; 
 97.18  8740.0320; 8740.0325; 8740.0330; 8740.0335; 8740.0340; and 
 97.19  8740.0345, are repealed. 
 97.20     Sec. 72.  [EFFECTIVE DATE.] 
 97.21     This article is effective January 1, 2006. 
 97.22                             ARTICLE 2
 97.23                     BOARD OF PHYSICAL THERAPY
 97.24     Section 1.  Minnesota Statutes 2004, section 148.65, is 
 97.25  amended by adding a subdivision to read: 
 97.26     Subd. 3.  [PHYSICAL THERAPIST ASSISTANT.] "Physical 
 97.27  therapist assistant" means a graduate of a physical therapist 
 97.28  assistant educational program accredited by the Commission on 
 97.29  Accreditation in Physical Therapy Education (CAPTE) or a 
 97.30  recognized comparable national accrediting agency approved by 
 97.31  the board.  The physical therapist assistant, under the 
 97.32  direction and supervision of the physical therapist, performs 
 97.33  physical therapy interventions and assists with coordination, 
 97.34  communication, and documentation; and patient-client-related 
 97.35  instruction.  The physical therapist is not required to be 
 97.36  on-site except as required under Minnesota Rules, part 
 98.1   5601.1500, but must be easily available by telecommunications. 
 98.2      Sec. 2.  Minnesota Statutes 2004, section 148.65, is 
 98.3   amended by adding a subdivision to read: 
 98.4      Subd. 4.  [PHYSICAL THERAPY AIDE.] "Physical therapy aide" 
 98.5   means a person, working under the direct supervision of a 
 98.6   physical therapist, who is not a physical therapist assistant as 
 98.7   defined in subdivision 3, who performs tasks as provided under 
 98.8   Minnesota Rules, part 5601.1400. 
 98.9      Sec. 3.  Minnesota Statutes 2004, section 148.65, is 
 98.10  amended by adding a subdivision to read: 
 98.11     Subd. 5.  [STUDENT PHYSICAL THERAPIST.] "Student physical 
 98.12  therapist" means a person in a professional educational program, 
 98.13  approved by the board under section 148.705, who is satisfying 
 98.14  supervised clinical education requirements by performing 
 98.15  physical therapy under the on-site supervision of a licensed 
 98.16  physical therapist.  "On-site supervision" means the physical 
 98.17  therapist is easily available for instruction to the student 
 98.18  physical therapist.  The physical therapist shall have direct 
 98.19  contact with the patient during at least every second treatment 
 98.20  session by the student physical therapist.  Telecommunications, 
 98.21  except within the facility, does not meet the requirement of 
 98.22  on-site supervision. 
 98.23     Sec. 4.  Minnesota Statutes 2004, section 148.65, is 
 98.24  amended by adding a subdivision to read: 
 98.25     Subd. 6.  [STUDENT PHYSICAL THERAPIST ASSISTANT.] "Student 
 98.26  physical therapist assistant" means a person in a physical 
 98.27  therapist assistant educational program accredited by the 
 98.28  Commission on Accreditation in Physical Therapy Education 
 98.29  (CAPTE) or a recognized comparable national accrediting agency 
 98.30  approved by the board.  The student physical therapist 
 98.31  assistant, under the direct supervision of the physical 
 98.32  therapist, or the direct supervision of the physical therapist 
 98.33  and physical therapist assistant, performs physical therapy 
 98.34  interventions and assists with coordination, communication, 
 98.35  documentation, and patient-client-related instruction.  "Direct 
 98.36  supervision" means the physical therapist is physically present 
 99.1   and immediately available to provide instruction to the student 
 99.2   physical therapist assistant. 
 99.3      Sec. 5.  Minnesota Statutes 2004, section 148.65, is 
 99.4   amended by adding a subdivision to read: 
 99.5      Subd. 7.  [SUPPORTIVE PERSONNEL.] "Supportive personnel" 
 99.6   means a physical therapist assistant and a physical therapy aide.
 99.7      Sec. 6.  Minnesota Statutes 2004, section 148.706, is 
 99.8   amended to read: 
 99.9      148.706 [SUPERVISION OF ASSISTANTS AND, AIDES, AND 
 99.10  STUDENTS.] 
 99.11     Every physical therapist who uses the services of an a 
 99.12  physical therapist assistant or physical therapy aide for the 
 99.13  purpose of assisting in the practice of physical therapy is 
 99.14  responsible for functions performed by the assistant or aide 
 99.15  while engaged in such assistance.  The physical therapist shall 
 99.16  permit the assistant or aide to perform only those functions 
 99.17  which the therapist is authorized by rule to delegate to a 
 99.18  physical therapist assistant or assign to a physical therapy 
 99.19  aide and shall provide supervision as specified delegate duties 
 99.20  to the physical therapist assistant and assign tasks to the 
 99.21  physical therapy aide in accordance with Minnesota Rules, part 
 99.22  5601.1400.  Physical therapists who instruct student physical 
 99.23  therapists and student physical therapist assistants are 
 99.24  responsible for the functions performed by the students and 
 99.25  shall supervise the students as provided under section 148.65, 
 99.26  subdivisions 5 and 6. 
 99.27     Sec. 7.  [148.735] [CANCELLATION OF LICENSE IN GOOD 
 99.28  STANDING.] 
 99.29     Subdivision 1.  [BOARD APPROVAL; REPORTING.] A physical 
 99.30  therapist holding an active license to practice physical therapy 
 99.31  in the state may, upon approval of the board, be granted license 
 99.32  cancellation if the board is not investigating the person as a 
 99.33  result of a complaint or information received or if the board 
 99.34  has not begun disciplinary proceedings against the person.  Such 
 99.35  action by the board shall be reported as a cancellation of a 
 99.36  license in good standing. 
100.1      Subd. 2.  [FEES NONREFUNDABLE.] A physical therapist who 
100.2   receives board approval for license cancellation is not entitled 
100.3   to a refund of any license fees paid for the licensure year in 
100.4   which cancellation of the license occurred. 
100.5      Subd. 3.  [NEW LICENSE AFTER CANCELLATION.] If a physical 
100.6   therapist who has been granted board approval for license 
100.7   cancellation desires to resume the practice of physical therapy 
100.8   in Minnesota, that physical therapist must obtain a new license 
100.9   by applying for licensure and fulfilling the requirements then 
100.10  in existence for obtaining an initial license to practice 
100.11  physical therapy in Minnesota. 
100.12     Sec. 8.  [148.736] [CANCELLATION OF CREDENTIALS UNDER 
100.13  DISCIPLINARY ORDER.] 
100.14     Subdivision 1.  [BOARD APPROVAL; REPORTING.] A physical 
100.15  therapist, whose right to practice is under suspension, 
100.16  condition, limitation, qualification, or restriction by the 
100.17  board may be granted cancellation of credentials by approval of 
100.18  the board.  Such action by the board shall be reported as 
100.19  cancellation while under discipline.  Credentials, for purposes 
100.20  of this section, means board authorized documentation of the 
100.21  privilege to practice physical therapy. 
100.22     Subd. 2.  [FEES NONREFUNDABLE.] A physical therapist who 
100.23  receives board approval for credential cancellation is not 
100.24  entitled to a refund of any fees paid for the credentialing year 
100.25  in which cancellation of the credential occurred. 
100.26     Subd. 3.  [NEW CREDENTIAL AFTER CANCELLATION.] If a 
100.27  physical therapist who has been granted board approval for 
100.28  credential cancellation desires to resume the practice of 
100.29  physical therapy in Minnesota, that physical therapist must 
100.30  obtain a new credential by applying to the board and fulfilling 
100.31  the requirements then in existence for obtaining an initial 
100.32  credential to practice physical therapy in Minnesota. 
100.33     Sec. 9.  [148.737] [CANCELLATION OF LICENSE FOR 
100.34  NONRENEWAL.] 
100.35     The Board of Physical Therapy shall not renew, reissue, 
100.36  reinstate, or restore a license that has lapsed on or after 
101.1   January 1, 2006, and has not been renewed within two annual 
101.2   license renewal cycles starting January 1, 2008.  A licensee 
101.3   whose license is canceled for nonrenewal must obtain a new 
101.4   license by applying for licensure and fulfilling all 
101.5   requirements then in existence for an initial license to 
101.6   practice physical therapy in Minnesota. 
101.7      Sec. 10.  Minnesota Statutes 2004, section 148.75, is 
101.8   amended to read: 
101.9      148.75 [LICENSES; DENIAL, SUSPENSION, REVOCATION.] 
101.10     (a) The state Board of Physical Therapy may refuse to grant 
101.11  a license to any physical therapist, or may suspend or revoke 
101.12  the license of any physical therapist for any of the following 
101.13  grounds:  
101.14     (1) using drugs or intoxicating liquors to an extent which 
101.15  affects professional competence; 
101.16     (2) conviction of a felony; 
101.17     (3) conviction for violating any state or federal narcotic 
101.18  law; 
101.19     (4) obtaining a license or attempting to obtain a license 
101.20  by fraud or deception; 
101.21     (5) conduct unbecoming a person licensed as a physical 
101.22  therapist or conduct detrimental to the best interests of the 
101.23  public; 
101.24     (6) gross negligence in the practice of physical therapy as 
101.25  a physical therapist; 
101.26     (7) treating human ailments by physical therapy after an 
101.27  initial 30-day period of patient admittance to treatment has 
101.28  lapsed, except by the order or referral of a person licensed in 
101.29  this state in the practice of medicine as defined in section 
101.30  147.081, the practice of chiropractic as defined in section 
101.31  148.01, the practice of podiatry as defined in section 153.01, 
101.32  or the practice of dentistry as defined in section 150A.05 and 
101.33  whose license is in good standing; or when a previous diagnosis 
101.34  exists indicating an ongoing condition warranting physical 
101.35  therapy treatment, subject to periodic review defined by board 
101.36  of physical therapy rule; 
102.1      (8) treating human ailments, without referral, by physical 
102.2   therapy treatment without first having practiced one year under 
102.3   a physician's orders as verified by the board's records; 
102.4      (9) failing to consult with the patient's health care 
102.5   provider who prescribed the physical therapy treatment if the 
102.6   treatment is altered by the physical therapist from the original 
102.7   written order.  The provision does not include written orders to 
102.8   "evaluate and treat"; 
102.9      (10) treating human ailments other than by physical therapy 
102.10  unless duly licensed or registered to do so under the laws of 
102.11  this state; 
102.12     (11) inappropriate delegation to a physical therapist 
102.13  assistant or inappropriate task assignment to an aide or 
102.14  inadequate supervision of either level of supportive personnel a 
102.15  student physical therapist, physical therapist assistant, 
102.16  student physical therapist assistant, or a physical therapy 
102.17  aide; 
102.18     (12) practicing as a physical therapist performing medical 
102.19  diagnosis, the practice of medicine as defined in section 
102.20  147.081, or the practice of chiropractic as defined in section 
102.21  148.01; 
102.22     (13) failing to comply with a reasonable request to obtain 
102.23  appropriate clearance for mental or physical conditions that 
102.24  would interfere with the ability to practice physical therapy, 
102.25  and that may be potentially harmful to patients; 
102.26     (14) dividing fees with, or paying or promising to pay a 
102.27  commission or part of the fee to, any person who contacts the 
102.28  physical therapist for consultation or sends patients to the 
102.29  physical therapist for treatment; 
102.30     (15) engaging in an incentive payment arrangement, other 
102.31  than that prohibited by clause (14), that tends to promote 
102.32  physical therapy overuse, that allows the referring person or 
102.33  person who controls the availability of physical therapy 
102.34  services to a client to profit unreasonably as a result of 
102.35  patient treatment; 
102.36     (16) practicing physical therapy and failing to refer to a 
103.1   licensed health care professional a patient whose medical 
103.2   condition at the time of evaluation has been determined by the 
103.3   physical therapist to be beyond the scope of practice of a 
103.4   physical therapist; and 
103.5      (17) failing to report to the board other licensed physical 
103.6   therapists who violate this section; and 
103.7      (18) practice of physical therapy under lapsed or 
103.8   nonrenewed credentials. 
103.9      (b) A license to practice as a physical therapist is 
103.10  suspended if (1) a guardian of the physical therapist is 
103.11  appointed by order of a court pursuant to sections 524.5-101 to 
103.12  524.5-502, for reasons other than the minority of the physical 
103.13  therapist; or (2) the physical therapist is committed by order 
103.14  of a court pursuant to chapter 253B.  The license remains 
103.15  suspended until the physical therapist is restored to capacity 
103.16  by a court and, upon petition by the physical therapist, the 
103.17  suspension is terminated by the Board of Physical Therapy after 
103.18  a hearing. 
103.19     Sec. 11.  [148.754] [EXAMINATION; ACCESS TO MEDICAL DATA.] 
103.20     (a) If the board has probable cause to believe that a 
103.21  physical therapist comes under section 148.75, paragraph (a), it 
103.22  may direct the physical therapist to submit to a mental or 
103.23  physical examination.  For the purpose of this paragraph, every 
103.24  physical therapist is deemed to have consented to submit to a 
103.25  mental or physical examination when directed in writing by the 
103.26  board and further to have waived all objections to the 
103.27  admissibility of the examining physicians' testimony or 
103.28  examination reports on the ground that they constitute a 
103.29  privileged communication.  Failure of the physical therapist to 
103.30  submit to an examination when directed constitutes an admission 
103.31  of the allegations against the person, unless the failure was 
103.32  due to circumstances beyond the person's control, in which case 
103.33  a default and final order may be entered without the taking of 
103.34  testimony or presentation of evidence.  A physical therapist 
103.35  affected under this paragraph shall, at reasonable intervals, be 
103.36  given an opportunity to demonstrate that the person can resume 
104.1   the competent practice of physical therapy with reasonable skill 
104.2   and safety to the public. 
104.3      (b) In any proceeding under paragraph (a), neither the 
104.4   record of proceedings nor the orders entered by the board shall 
104.5   be used against a physical therapist in any other proceeding. 
104.6      (c) In addition to ordering a physical or mental 
104.7   examination, the board may, notwithstanding section 13.384, 
104.8   144.651, or any other law limiting access to medical or other 
104.9   health data, obtain medical data and health records relating to 
104.10  a physical therapist or applicant without the person's or 
104.11  applicant's consent if the board has probable cause to believe 
104.12  that a physical therapist comes under paragraph (a).  The 
104.13  medical data may be requested from a provider, as defined in 
104.14  section 144.335, subdivision 1, paragraph (b), an insurance 
104.15  company, or a government agency, including the Department of 
104.16  Human Services.  A provider, insurance company, or government 
104.17  agency shall comply with any written request of the board under 
104.18  this paragraph and is not liable in any action for damages for 
104.19  releasing the data requested by the board if the data are 
104.20  released pursuant to a written request under this paragraph, 
104.21  unless the information is false and the provider giving the 
104.22  information knew, or had reason to believe, the information was 
104.23  false.  Information obtained under this paragraph is classified 
104.24  as private under sections 13.01 to 13.87. 
104.25     Sec. 12.  [148.755] [TEMPORARY SUSPENSION OF LICENSE.] 
104.26     In addition to any other remedy provided by law, the board 
104.27  may, without a hearing, temporarily suspend the license of a 
104.28  physical therapist if the board finds that the physical 
104.29  therapist has violated a statute or rule which the board is 
104.30  empowered to enforce and continued practice by the physical 
104.31  therapist would create a serious risk of harm to the public.  
104.32  The suspension shall take effect upon written notice to the 
104.33  physical therapist, specifying the statute or rule violated.  
104.34  The suspension shall remain in effect until the board issues a 
104.35  final order in the matter after a hearing.  At the time it 
104.36  issues the suspension notice, the board shall schedule a 
105.1   disciplinary hearing to be held pursuant to the Administrative 
105.2   Procedure Act, chapter 14.  The physical therapist shall be 
105.3   provided with at least 20 days' notice of any hearing held 
105.4   pursuant to this section.  The hearing shall be scheduled to 
105.5   begin no later than 30 days after the issuance of the suspension 
105.6   order. 
105.7      Sec. 13.  [LICENSE ISSUANCE.] 
105.8      Notwithstanding Minnesota Statutes, sections 148.65 to 
105.9   148.78, the Board of Physical Therapy shall grant a physical 
105.10  therapist license to an individual who has been issued physical 
105.11  therapy licenses between 1980 and 1995 in at least three other 
105.12  states and at least one foreign country and who applies before 
105.13  August 1, 2005.  
105.14     Sec. 14.  [REPEALER.] 
105.15     Minnesota Rules, part 5601.0100, subparts 3 and 4, are 
105.16  repealed. 
105.17                             ARTICLE 3
105.18                        BOARD OF PSYCHOLOGY
105.19     Section 1.  Minnesota Statutes 2004, section 148.89, 
105.20  subdivision 5, is amended to read: 
105.21     Subd. 5.  [PRACTICE OF PSYCHOLOGY.] "Practice of 
105.22  psychology" means the observation, description, evaluation, 
105.23  interpretation, or modification of human behavior by the 
105.24  application of psychological principles, methods, or 
105.25  procedures for any reason, including to prevent, eliminate, or 
105.26  manage symptomatic, maladaptive, or undesired behavior and to 
105.27  enhance interpersonal relationships, work, life and 
105.28  developmental adjustment, personal and organizational 
105.29  effectiveness, behavioral health, and mental health.  The 
105.30  practice of psychology includes, but is not limited to, the 
105.31  following services, regardless of whether the provider receives 
105.32  payment for the services: 
105.33     (1) psychological research and teaching of psychology; 
105.34     (2) assessment, including psychological testing and other 
105.35  means of evaluating personal characteristics such as 
105.36  intelligence, personality, abilities, interests, aptitudes, and 
106.1   neuropsychological functioning; 
106.2      (3) a psychological report, whether written or oral, 
106.3   including testimony of a provider as an expert witness, 
106.4   concerning the characteristics of an individual or entity; 
106.5      (4) psychotherapy, including but not limited to, categories 
106.6   such as behavioral, cognitive, emotive, systems, 
106.7   psychophysiological, or insight-oriented therapies; counseling; 
106.8   hypnosis; and diagnosis and treatment of:  
106.9      (i) mental and emotional disorder or disability; 
106.10     (ii) alcohol and substance dependence or abuse; 
106.11     (iii) disorders of habit or conduct; 
106.12     (iv) the psychological aspects of physical illness or 
106.13  condition, accident, injury, or disability; 
106.14     (v) life adjustment issues, including work-related and 
106.15  bereavement issues; and 
106.16     (vi) child, family, or relationship issues; 
106.17     (5) psychoeducational services and treatment; and 
106.18     (6) consultation and supervision. 
106.19     Sec. 2.  Minnesota Statutes 2004, section 148.90, 
106.20  subdivision 1, is amended to read: 
106.21     Subdivision 1.  [BOARD OF PSYCHOLOGY.] (a) The Board of 
106.22  Psychology is created with the powers and duties described in 
106.23  this section.  The board has 11 members who consist of: 
106.24     (1) three persons individuals licensed as licensed 
106.25  psychologists who have a doctoral degree degrees in psychology; 
106.26     (2) two persons individuals licensed as licensed 
106.27  psychologists who have a master's degree degrees in psychology; 
106.28     (3) two psychologists, not necessarily licensed, one with a 
106.29  doctoral degree in psychology who represents a doctoral training 
106.30  program in psychology, and one who represents a master's degree 
106.31  training program in psychology; 
106.32     (4) one person individual licensed or qualified to be 
106.33  licensed as:  (i) through December 31, 2010, a licensed 
106.34  psychological practitioner; and (ii) after December 31, 2010, a 
106.35  licensed psychologist; and 
106.36     (5) three public members. 
107.1      (b) After the date on which fewer than 30 percent of the 
107.2   persons individuals licensed by the board as licensed 
107.3   psychologists qualify for licensure under section 148.907, 
107.4   subdivision 3, paragraph (b), the first vacancy vacancies filled 
107.5   under paragraph (a), clause (2), shall be filled by a person an 
107.6   individual with either a master's or doctoral degree in 
107.7   psychology licensed or qualified to be licensed as a 
107.8   licensed psychological practitioner.  From this date on, this 
107.9   position when vacant shall be filled by a person licensed or 
107.10  qualified to be licensed as a licensed psychological 
107.11  practitioner psychologist. 
107.12     (c) After the date on which fewer than 15 percent of the 
107.13  persons individuals licensed by the board as licensed 
107.14  psychologists qualify for licensure under section 148.907, 
107.15  subdivision 3, paragraph (b), the first vacancy vacancies under 
107.16  paragraph (a), clause (2), for a licensed psychologist shall be 
107.17  filled by an individual with either a master's or doctoral 
107.18  degree in psychology shall be filled by a licensed or qualified 
107.19  to be licensed as a licensed psychologist.  From this date on, 
107.20  this position when vacant shall be filled by a person licensed 
107.21  as a licensed psychologist. 
107.22     Sec. 3.  Minnesota Statutes 2004, section 148.907, is 
107.23  amended by adding a subdivision to read: 
107.24     Subd. 5.  [CONVERTING FROM A LICENSED PSYCHOLOGICAL 
107.25  PRACTITIONER TO A LICENSED PSYCHOLOGIST.] Notwithstanding 
107.26  subdivision 3, to convert from licensure as a licensed 
107.27  psychological practitioner to licensure as a licensed 
107.28  psychologist, a licensed psychological practitioner shall have:  
107.29     (1) completed an application provided by the board for 
107.30  conversion from licensure as a licensed psychological 
107.31  practitioner to licensure as a licensed psychologist; 
107.32     (2) paid a nonrefundable fee of $500; 
107.33     (3) documented successful completion of two full years, or 
107.34  the equivalent, of supervised postlicensure employment meeting 
107.35  the requirements of section 148.925, subdivision 5, as it 
107.36  relates to preparation for licensure as a licensed psychologist 
108.1   as follows:  
108.2      (i) for individuals licensed as licensed psychological 
108.3   practitioners on or before December 31, 2006, the supervised 
108.4   practice must be completed by December 31, 2010; and 
108.5      (ii) for individuals licensed as licensed psychological 
108.6   practitioners after December 31, 2006, the supervised practice 
108.7   must be completed within four years from the date of licensure; 
108.8   and 
108.9      (4) no unresolved disciplinary action or complaints 
108.10  pending, or incomplete disciplinary orders or corrective action 
108.11  agreements in Minnesota or any other jurisdiction. 
108.12     Sec. 4.  Minnesota Statutes 2004, section 148.908, 
108.13  subdivision 2, is amended to read: 
108.14     Subd. 2.  [REQUIREMENTS FOR LICENSURE AS A LICENSED 
108.15  PSYCHOLOGICAL PRACTITIONER.] To become licensed by the board as 
108.16  a licensed psychological practitioner, an applicant shall comply 
108.17  with the following requirements: 
108.18     (1) pass an examination in psychology; 
108.19     (2) pass a professional responsibility examination on the 
108.20  practice of psychology; 
108.21     (3) pass any other examinations as required by board rules; 
108.22     (4) pay nonrefundable fees to the board for applications, 
108.23  processing, testing, renewals, and materials; 
108.24     (5) have attained the age of majority, be of good moral 
108.25  character, and have no unresolved disciplinary action or 
108.26  complaints pending in the state of Minnesota or any other 
108.27  jurisdiction; and 
108.28     (6) have earned a doctoral or master's degree or the 
108.29  equivalent of a master's degree in a doctoral program with a 
108.30  major in psychology from a regionally accredited educational 
108.31  institution meeting the standards the board has established by 
108.32  rule.  The degree requirements must be completed by December 31, 
108.33  2005; 
108.34     (2) complete an application for admission to the 
108.35  examination for professional practice in psychology and pay the 
108.36  nonrefundable application fee by December 31, 2005; 
109.1      (3) complete an application for admission to the 
109.2   professional responsibility examination and pay the 
109.3   nonrefundable application fee by December 31, 2005; 
109.4      (4) pass the examination for professional practice in 
109.5   psychology by December 31, 2006; 
109.6      (5) pass the professional responsibility examination by 
109.7   December 31, 2006; 
109.8      (6) complete an application for licensure as a licensed 
109.9   psychological practitioner and pay the nonrefundable application 
109.10  fee by March 1, 2007; and 
109.11     (7) have attained the age of majority, be of good moral 
109.12  character, and have no unresolved disciplinary action or 
109.13  complaints pending in the state of Minnesota or any other 
109.14  jurisdiction. 
109.15     Sec. 5.  Minnesota Statutes 2004, section 148.908, is 
109.16  amended by adding a subdivision to read: 
109.17     Subd. 3.  [TERMINATION OF LICENSURE.] Effective December 
109.18  31, 2011, the licensure of all licensed psychological 
109.19  practitioners shall be terminated without further notice and 
109.20  licensure as a licensed psychological practitioner in Minnesota 
109.21  shall be eliminated.  
109.22     Sec. 6.  Minnesota Statutes 2004, section 148.909, is 
109.23  amended to read: 
109.24     148.909 [LICENSURE FOR VOLUNTEER PRACTICE.] 
109.25     The board, at its discretion, may grant licensure for 
109.26  volunteer practice to an applicant who: 
109.27     (1) is a former licensee who is completely retired from the 
109.28  practice of psychology; 
109.29     (2) has no unresolved disciplinary action or complaints 
109.30  pending in the state of Minnesota or any other jurisdiction; and 
109.31     (3) has held a license, certificate, or registration to 
109.32  practice psychology in any jurisdiction for at least 15 years. 
109.33     Sec. 7.  Minnesota Statutes 2004, section 148.916, 
109.34  subdivision 2, is amended to read: 
109.35     Subd. 2.  [PSYCHOLOGICAL CONSULTATIONS.] Notwithstanding 
109.36  subdivision 1, a nonresident of the state of Minnesota, who is 
110.1   not seeking licensure in this state, may serve as an expert 
110.2   witness, organizational consultant, presenter, or educator 
110.3   without obtaining guest licensure, provided the person is 
110.4   appropriately trained, educated, or has been issued a license, 
110.5   certificate, or registration by another jurisdiction. 
110.6      Sec. 8.  Minnesota Statutes 2004, section 148.925, 
110.7   subdivision 6, is amended to read: 
110.8      Subd. 6.  [SUPERVISEE DUTIES.] Individuals preparing for 
110.9   licensure as a licensed psychologist during their postdegree 
110.10  supervised employment may perform as part of their training any 
110.11  functions specified in section 148.89, subdivision 5, but only 
110.12  under qualified supervision. 
110.13     Sec. 9.  Minnesota Statutes 2004, section 148.941, 
110.14  subdivision 2, is amended to read: 
110.15     Subd. 2.  [GROUNDS FOR DISCIPLINARY ACTION; FORMS OF 
110.16  DISCIPLINARY ACTION.] (a) The board may impose disciplinary 
110.17  action as described in paragraph (b) against an applicant or 
110.18  licensee whom the board, by a preponderance of the evidence, 
110.19  determines:  
110.20     (1) has violated a statute, rule, or order that the board 
110.21  issued or is empowered to enforce; 
110.22     (2) has engaged in fraudulent, deceptive, or dishonest 
110.23  conduct, whether or not the conduct relates to the practice of 
110.24  psychology, that adversely affects the person's ability or 
110.25  fitness to practice psychology; 
110.26     (3) has engaged in unprofessional conduct or any other 
110.27  conduct which has the potential for causing harm to the public, 
110.28  including any departure from or failure to conform to the 
110.29  minimum standards of acceptable and prevailing practice without 
110.30  actual injury having to be established; 
110.31     (4) has been convicted of or has pled guilty or nolo 
110.32  contendere to a felony or other crime, an element of which is 
110.33  dishonesty or fraud, or has been shown to have engaged in acts 
110.34  or practices tending to show that the applicant or licensee is 
110.35  incompetent or has engaged in conduct reflecting adversely on 
110.36  the applicant's or licensee's ability or fitness to engage in 
111.1   the practice of psychology; 
111.2      (5) has employed fraud or deception in obtaining or 
111.3   renewing a license, in requesting approval of continuing 
111.4   education activities, or in passing an examination; 
111.5      (6) has had a license, certificate, charter, registration, 
111.6   privilege to take an examination, or other similar authority 
111.7   denied, revoked, suspended, canceled, limited, reprimanded, or 
111.8   otherwise disciplined, or not renewed for cause in any 
111.9   jurisdiction; or has surrendered or voluntarily terminated a 
111.10  license or certificate during a board investigation of a 
111.11  complaint, as part of a disciplinary order, or while under a 
111.12  disciplinary order; 
111.13     (7) has been subject to a corrective action or similar 
111.14  action in another jurisdiction or by another regulatory 
111.15  authority; 
111.16     (8) has failed to meet any requirement for the issuance or 
111.17  renewal of the person's license.  The burden of proof is on the 
111.18  applicant or licensee to demonstrate the qualifications or 
111.19  satisfy the requirements for a license under the Psychology 
111.20  Practice Act; 
111.21     (9) has failed to cooperate with an investigation of the 
111.22  board as required under subdivision 4; 
111.23     (10) has demonstrated an inability to practice psychology 
111.24  with reasonable skill and safety to clients due to any mental or 
111.25  physical illness or condition; or 
111.26     (11) has engaged in fee splitting.  This clause does not 
111.27  apply to the distribution of revenues from a partnership, group 
111.28  practice, nonprofit corporation, or professional corporation to 
111.29  its partners, shareholders, members, or employees if the 
111.30  revenues consist only of fees for services performed by the 
111.31  licensee or under a licensee's administrative authority.  This 
111.32  clause also does not apply to the charging of a general 
111.33  membership fee by a licensee or applicant to health care 
111.34  providers, as defined in section 144.335, for participation in a 
111.35  referral service, provided that the licensee or applicant 
111.36  discloses in advance to each referred client the financial 
112.1   nature of the referral arrangement.  Fee splitting includes, but 
112.2   is not limited to: 
112.3      (i) paying, offering to pay, receiving, or agreeing to 
112.4   receive a commission, rebate, or remuneration, directly or 
112.5   indirectly, primarily for the referral of clients; 
112.6      (ii) dividing client fees with another individual or 
112.7   entity, unless the division is in proportion to the services 
112.8   provided and the responsibility assumed by each party; 
112.9      (iii) referring an individual or entity to any health care 
112.10  provider, as defined in section 144.335, or for other 
112.11  professional or technical services in which the referring 
112.12  licensee or applicant has a significant financial interest 
112.13  unless the licensee has disclosed the financial interest in 
112.14  advance to the client; and 
112.15     (iv) dispensing for profit or recommending any instrument, 
112.16  test, procedure, or device that for commercial purposes the 
112.17  licensee or applicant has developed or distributed, unless the 
112.18  licensee or applicant has disclosed any profit interest in 
112.19  advance to the client.  
112.20     (b) If grounds for disciplinary action exist under 
112.21  paragraph (a), the board may take one or more of the following 
112.22  actions: 
112.23     (1) refuse to grant or renew a license; 
112.24     (2) revoke a license; 
112.25     (3) suspend a license; 
112.26     (4) impose limitations or conditions on a licensee's 
112.27  practice of psychology, including, but not limited to, limiting 
112.28  the scope of practice to designated competencies, imposing 
112.29  retraining or rehabilitation requirements, requiring the 
112.30  licensee to practice under supervision, or conditioning 
112.31  continued practice on the demonstration of knowledge or skill by 
112.32  appropriate examination or other review of skill and competence; 
112.33     (5) censure or reprimand the licensee; 
112.34     (6) refuse to permit an applicant to take the licensure 
112.35  examination or refuse to release an applicant's examination 
112.36  grade if the board finds that it is in the public interest; or 
113.1      (7) impose a civil penalty not exceeding $7,500 for each 
113.2   separate violation.  The amount of the penalty shall be fixed so 
113.3   as to deprive the applicant or licensee of any economic 
113.4   advantage gained by reason of the violation charged, to 
113.5   discourage repeated violations, or to recover the board's costs 
113.6   that occur in bringing about a disciplinary order.  For purposes 
113.7   of this clause, costs are limited to legal, paralegal, and 
113.8   investigative charges billed to the board by the Attorney 
113.9   General's Office, witness costs, consultant and expert witness 
113.10  fees, and charges attendant to the use of an administrative law 
113.11  judge.  
113.12     (c) In lieu of or in addition to paragraph (b), the board 
113.13  may require, as a condition of continued licensure, termination 
113.14  of suspension, reinstatement of license, examination, or release 
113.15  of examination grades, that the applicant or licensee: 
113.16     (1) submit to a quality review, as specified by the board, 
113.17  of the applicant's or licensee's ability, skills, or quality of 
113.18  work; 
113.19     (2) complete to the satisfaction of the board educational 
113.20  courses specified by the board; and 
113.21     (3) reimburse to the board all costs incurred by the board 
113.22  that are the result of a provider failing, neglecting, or 
113.23  refusing to fully comply, or not complying in a timely manner, 
113.24  with any part of the remedy section of a stipulation and consent 
113.25  order or the corrective action section of an agreement for 
113.26  corrective action.  For purposes of this clause, costs are 
113.27  limited to legal, paralegal, and investigative charges billed to 
113.28  the board by the Attorney General's Office, witness costs, 
113.29  consultant and expert witness fees, and charges attendant to the 
113.30  use of an administrative law judge. 
113.31     (d) Service of the order is effective if the order is 
113.32  served on the applicant, licensee, or counsel of record 
113.33  personally or by mail to the most recent address provided to the 
113.34  board for the licensee, applicant, or counsel of record.  The 
113.35  order shall state the reasons for the entry of the order. 
113.36     Sec. 10.  Minnesota Statutes 2004, section 148.96, 
114.1   subdivision 3, is amended to read: 
114.2      Subd. 3.  [REQUIREMENTS FOR REPRESENTATIONS TO PUBLIC.] (a) 
114.3   Unless licensed under sections 148.88 to 148.98, except as 
114.4   provided in paragraphs (b) through (e), persons shall not 
114.5   represent themselves or permit themselves to be represented to 
114.6   the public by: 
114.7      (1) using any title or description of services 
114.8   incorporating the words "psychology," "psychological," 
114.9   "psychological practitioner," or "psychologist"; or 
114.10     (2) representing that the person has expert qualifications 
114.11  in an area of psychology. 
114.12     (b) Psychologically trained individuals who are employed by 
114.13  an educational institution recognized by a regional accrediting 
114.14  organization, by a federal, state, county, or local government 
114.15  institution, by agencies agency, or by research 
114.16  facilities facility, may represent themselves by the title 
114.17  designated by that organization provided that the title does not 
114.18  indicate that the individual is credentialed by the board. 
114.19     (c) A psychologically trained individual from an 
114.20  institution described in paragraph (b) may offer lecture 
114.21  services and is exempt from the provisions of this section. 
114.22     (d) A person who is preparing for the practice of 
114.23  psychology under supervision in accordance with board statutes 
114.24  and rules may be designated as a "psychological intern," 
114.25  "psychological trainee," or by other terms clearly describing 
114.26  the person's training status.  
114.27     (e) Former licensees who are completely retired from the 
114.28  practice of psychology may represent themselves using the 
114.29  descriptions in paragraph (a), clauses (1) and (2), but shall 
114.30  not represent themselves or allow themselves to be represented 
114.31  as current licensees of the board. 
114.32     (f) Nothing in this section shall be construed to prohibit 
114.33  the practice of school psychology by a person licensed in 
114.34  accordance with chapters 122A and 129. 
114.35     Section 11.  [EFFECTIVE DATE.] 
114.36     Sections 1 to 10 are effective the day following final 
115.1   enactment. 
115.2                              ARTICLE 4
115.3                       BOARD OF DENTAL PRACTICE
115.4      Section 1.  Minnesota Statutes 2004, section 150A.01, 
115.5   subdivision 6a, is amended to read: 
115.6      Subd. 6a.  [FACULTY DENTIST.] "Faculty dentist" means a 
115.7   person who is licensed to practice dentistry as a faculty member 
115.8   of a school of dentistry, pursuant to section 150A.06, 
115.9   subdivision 1a. 
115.10     Sec. 2.  Minnesota Statutes 2004, section 150A.06, 
115.11  subdivision 1a, is amended to read: 
115.12     Subd. 1a.  [FACULTY DENTISTS.] (a) Faculty members of a 
115.13  school of dentistry must be licensed in order to practice 
115.14  dentistry as defined in section 150A.05.  The board may issue to 
115.15  members of the faculty of a school of dentistry a license 
115.16  designated as either a "limited faculty license" or a "full 
115.17  faculty license" entitling the holder to practice dentistry 
115.18  within the terms described in paragraph (b) or (c).  The dean of 
115.19  a school of dentistry and program directors of a Minnesota 
115.20  dental hygiene or dental assisting school accredited by the 
115.21  Commission on Dental Accreditation of the American Dental 
115.22  Association shall certify to the board those members of the 
115.23  school's faculty who practice dentistry but are not licensed to 
115.24  practice dentistry in Minnesota.  A faculty member who practices 
115.25  dentistry as defined in section 150A.05, before beginning duties 
115.26  in a school of dentistry or a dental hygiene or dental assisting 
115.27  school, shall apply to the board for a limited or full faculty 
115.28  license.  The license expires the next July 1 and may, at the 
115.29  discretion of the board, be renewed on a yearly basis.  Pursuant 
115.30  to Minnesota Rules, chapter 3100, and at the discretion of the 
115.31  board, a limited faculty license must be renewed annually and a 
115.32  full faculty license must be renewed biennially.  The faculty 
115.33  applicant shall pay a nonrefundable fee set by the board for 
115.34  issuing and renewing the faculty license.  The faculty license 
115.35  is valid during the time the holder remains a member of the 
115.36  faculty of a school of dentistry or a dental hygiene or dental 
116.1   assisting school and subjects the holder to this chapter. 
116.2      (b) The board may issue to dentist members of the faculty 
116.3   of a Minnesota school of dentistry, dental hygiene, or dental 
116.4   assisting accredited by the Commission on Dental Accreditation 
116.5   of the American Dental Association, a license designated as a 
116.6   limited faculty license entitling the holder to practice 
116.7   dentistry within the school and its affiliated teaching 
116.8   facilities, but only for the purposes of teaching or conducting 
116.9   research.  The practice of dentistry at a school facility for 
116.10  purposes other than teaching or research is not allowed unless 
116.11  the dentist was a faculty member on August 1, 1993.  
116.12     (c) The board may issue to dentist members of the faculty 
116.13  of a Minnesota school of dentistry, dental hygiene, or dental 
116.14  assisting accredited by the Commission on Dental Accreditation 
116.15  of the American Dental Association a license designated as a 
116.16  full faculty license entitling the holder to practice dentistry 
116.17  within the school and its affiliated teaching facilities and 
116.18  elsewhere if the holder of the license is employed 50 percent 
116.19  time or more by the school in the practice of teaching or 
116.20  research, and upon successful review by the board of the 
116.21  applicant's qualifications as described in subdivisions 1, 1c, 
116.22  and 4 and board rule.  The board, at its discretion, may waive 
116.23  specific licensing prerequisites. 
116.24     Sec. 3.  [150A.091] [FEES.] 
116.25     Subdivision 1.  [FEE REFUNDS.] No fee may be refunded for 
116.26  any reason. 
116.27     Subd. 2.  [APPLICATION FEES.] Each applicant for licensure 
116.28  or registration shall submit with a license or registration 
116.29  application a nonrefundable fee in the following amounts in 
116.30  order to administratively process an application: 
116.31     (1) dentist, $140; 
116.32     (2) limited faculty dentist, $140; 
116.33     (3) resident dentist, $55; 
116.34     (4) dental hygienist, $55; 
116.35     (5) registered dental assistant, $35; and 
116.36     (6) dental assistant with a limited registration, $15. 
117.1      Subd. 3.  [INITIAL LICENSE OR REGISTRATION FEES.] Along 
117.2   with the application fee, each of the following licensees or 
117.3   registrants shall submit a separate prorated initial license or 
117.4   registration fee.  The prorated initial fee shall be established 
117.5   by the board based on the number of months of the licensee's or 
117.6   registrant's initial term as described in Minnesota Rules, part 
117.7   3100.1700, subpart 1a, not to exceed the following monthly fee 
117.8   amounts: 
117.9      (1) dentist, $14 times the number of months of the initial 
117.10  term; 
117.11     (2) dental hygienist, $5 times the number of months of the 
117.12  initial term; 
117.13     (3) registered dental assistant, $3 times the number of 
117.14  months of initial term; and 
117.15     (4) dental assistant with a limited registration, $1 times 
117.16  the number of months of the initial term. 
117.17     Subd. 4.  [ANNUAL LICENSE FEES.] Each limited faculty or 
117.18  resident dentist shall submit with an annual license renewal 
117.19  application a fee established by the board not to exceed the 
117.20  following amounts: 
117.21     (1) limited faculty dentist, $168; and 
117.22     (2) resident dentist, $59. 
117.23     Subd. 5.  [BIENNIAL LICENSE OR REGISTRATION FEES.] Each of 
117.24  the following licensees or registrants shall submit with a 
117.25  biennial license or registration renewal application a fee as 
117.26  established by the board, not to exceed the following amounts: 
117.27     (1) dentist, $336; 
117.28     (2) dental hygienist, $118; 
117.29     (3) registered dental assistant, $80; and 
117.30     (4) dental assistant with a limited registration, $24. 
117.31     Subd. 6.  [ANNUAL LICENSE LATE FEE.] Applications for 
117.32  renewal of any license received after the time specified in 
117.33  Minnesota Rules, part 3100.1750, must be assessed a late fee 
117.34  equal to 50 percent of the annual renewal fee. 
117.35     Subd. 7.  [BIENNIAL LICENSE OR REGISTRATION LATE 
117.36  FEE.] Applications for renewal of any license or registration 
118.1   received after the time specified in Minnesota Rules, part 
118.2   3100.1700, must be assessed a late fee equal to 25 percent of 
118.3   the biennial renewal fee. 
118.4      Subd. 8.  [DUPLICATE LICENSE OR REGISTRATION FEE.] Each 
118.5   licensee or registrant shall submit, with a request for issuance 
118.6   of a duplicate of the original license or registration, or of an 
118.7   annual or biennial renewal of it, a fee in the following amounts:
118.8      (1) original dentist or dental hygiene license, $35; and 
118.9      (2) initial and renewal registration certificates and 
118.10  license renewal certificates, $10. 
118.11     Subd. 9.  [LICENSURE AND REGISTRATION BY CREDENTIALS.] Each 
118.12  applicant for licensure as a dentist or dental hygienist or for 
118.13  registration as a registered dental assistant by credentials 
118.14  pursuant to section 150A.06, subdivisions 4 and 8, and Minnesota 
118.15  Rules, part 3100.1400, shall submit with the license or 
118.16  registration application a fee in the following amounts: 
118.17     (1) dentist, $725; 
118.18     (2) dental hygienist, $175; and 
118.19     (3) registered dental assistant, $35. 
118.20     Subd. 10.  [REINSTATEMENT FEE.] No dentist, dental 
118.21  hygienist, or registered dental assistant whose license or 
118.22  registration has been suspended or revoked may have the license 
118.23  or registration reinstated or a new license or registration 
118.24  issued until a fee has been submitted to the board in the 
118.25  following amounts: 
118.26     (1) dentist, $140; 
118.27     (2) dental hygienist, $55; and 
118.28     (3) registered dental assistant, $35. 
118.29     Subd. 11.  [CERTIFICATE APPLICATION FEE FOR 
118.30  ANESTHESIA/SEDATION.] Each dentist shall submit with a general 
118.31  anesthesia or conscious sedation application a fee as 
118.32  established by the board not to exceed the following amounts: 
118.33     (1) for both a general anesthesia and conscious sedation 
118.34  application, $50; 
118.35     (2) for a general anesthesia application only, $50; and 
118.36     (3) for a conscious sedation application only, $50. 
119.1      Subd. 12.  [DUPLICATE CERTIFICATE FEE FOR 
119.2   ANESTHESIA/SEDATION.] Each dentist shall submit with a request 
119.3   for issuance of a duplicate of the original general anesthesia 
119.4   or conscious sedation certificate a fee in the amount of $10. 
119.5      Subd. 13.  [ON-SITE INSPECTION FEE.] An on-site inspection 
119.6   fee must be paid to the individual, organization, or agency 
119.7   conducting the inspection and be limited to a maximum fee as 
119.8   determined by the board.  Travel, lodging, and other expenses 
119.9   are not part of the on-site inspection fee. 
119.10     Subd. 14.  [AFFIDAVIT OF LICENSURE.] Each licensee or 
119.11  registrant shall submit with a request for an affidavit of 
119.12  licensure a fee in the amount of $10. 
119.13     Subd. 15.  [VERIFICATION OF LICENSURE.] Each institution or 
119.14  corporation shall submit with a request for verification of a 
119.15  license or registration a fee in the amount of $5 for each 
119.16  license or registration to be verified. 
119.17     Sec. 4.  Minnesota Statutes 2004, section 150A.10, 
119.18  subdivision 1a, is amended to read: 
119.19     Subd. 1a.  [LIMITED AUTHORIZATION FOR DENTAL HYGIENISTS.] 
119.20  (a) Notwithstanding subdivision 1, a dental hygienist licensed 
119.21  under this chapter may be employed or retained by a health care 
119.22  facility, program, or nonprofit organization to perform dental 
119.23  hygiene services described under paragraph (b) without the 
119.24  patient first being examined by a licensed dentist if the dental 
119.25  hygienist: 
119.26     (1) has been engaged in the active practice of clinical 
119.27  dental hygiene for not less than 2,400 hours in the past 18 
119.28  months or a career total of 3,000 hours, including a minimum of 
119.29  200 hours of clinical practice in two of the past three years; 
119.30     (2) has entered into a collaborative agreement with a 
119.31  licensed dentist that designates authorization for the services 
119.32  provided by the dental hygienist; 
119.33     (3) has documented participation in courses in infection 
119.34  control and medical emergencies within each continuing education 
119.35  cycle; and 
119.36     (4) maintains current certification in advanced or basic 
120.1   cardiac life support as recognized by the American Heart 
120.2   Association, the American Red Cross, or another agency that is 
120.3   equivalent to the American Heart Association or the American Red 
120.4   Cross. 
120.5      (b) The dental hygiene services authorized to be performed 
120.6   by a dental hygienist under this subdivision are limited to: 
120.7      (1) oral health promotion and disease prevention education; 
120.8      (2) removal of deposits and stains from the surfaces of the 
120.9   teeth; 
120.10     (3) application of topical preventive or prophylactic 
120.11  agents, including fluoride varnishes and pit and fissure 
120.12  sealants; 
120.13     (4) polishing and smoothing restorations; 
120.14     (5) removal of marginal overhangs; 
120.15     (6) performance of preliminary charting; 
120.16     (7) taking of radiographs; and 
120.17     (8) performance of scaling and root planing.  
120.18  The dental hygienist shall not perform injections of anesthetic 
120.19  agents or the administration of nitrous oxide unless 
120.20  under either the indirect or general supervision of a licensed 
120.21  dentist.  Collaborating dental hygienists may work with 
120.22  unregistered and registered dental assistants who may only 
120.23  perform duties for which registration is not required.  The 
120.24  performance of dental hygiene services in a health care 
120.25  facility, program, or nonprofit organization as authorized under 
120.26  this subdivision is limited to patients, students, and residents 
120.27  of the facility, program, or organization. 
120.28     (c) A collaborating dentist must be licensed under this 
120.29  chapter and may enter into a collaborative agreement with no 
120.30  more than four dental hygienists unless otherwise authorized by 
120.31  the board.  The board shall develop parameters and a process for 
120.32  obtaining authorization to collaborate with more than four 
120.33  dental hygienists.  The collaborative agreement must include: 
120.34     (1) consideration for medically compromised patients and 
120.35  medical conditions for which a dental evaluation and treatment 
120.36  plan must occur prior to the provision of dental hygiene 
121.1   services; 
121.2      (2) age- and procedure-specific standard collaborative 
121.3   practice protocols, including recommended intervals for the 
121.4   performance of dental hygiene services and a period of time in 
121.5   which an examination by a dentist should occur; 
121.6      (3) copies of consent to treatment form provided to the 
121.7   patient by the dental hygienist; 
121.8      (4) specific protocols for the placement of pit and fissure 
121.9   sealants and requirements for follow-up care to assure the 
121.10  efficacy of the sealants after application; and 
121.11     (5) a procedure for creating and maintaining dental records 
121.12  for the patients that are treated by the dental hygienist.  This 
121.13  procedure must specify where these records are to be located. 
121.14  The collaborative agreement must be signed and maintained by the 
121.15  dentist, the dental hygienist, and the facility, program, or 
121.16  organization; must be reviewed annually by the collaborating 
121.17  dentist and dental hygienist; and must be made available to the 
121.18  board upon request.  
121.19     (d) Before performing any services authorized under this 
121.20  subdivision, a dental hygienist must provide the patient with a 
121.21  consent to treatment form which must include a statement 
121.22  advising the patient that the dental hygiene services provided 
121.23  are not a substitute for a dental examination by a licensed 
121.24  dentist.  If the dental hygienist makes any referrals to the 
121.25  patient for further dental procedures, the dental hygienist must 
121.26  fill out a referral form and provide a copy of the form to the 
121.27  collaborating dentist.  
121.28     (e) For the purposes of this subdivision, a "health care 
121.29  facility, program, or nonprofit organization" is limited to a 
121.30  hospital; nursing home; home health agency; group home serving 
121.31  the elderly, disabled, or juveniles; state-operated facility 
121.32  licensed by the commissioner of human services or the 
121.33  commissioner of corrections; and federal, state, or local public 
121.34  health facility, community clinic, tribal clinic, school 
121.35  authority, Head Start program, or nonprofit organization that 
121.36  serves individuals who are uninsured or who are Minnesota health 
122.1   care public program recipients.  
122.2      (f) For purposes of this subdivision, a "collaborative 
122.3   agreement" means a written agreement with a licensed dentist who 
122.4   authorizes and accepts responsibility for the services performed 
122.5   by the dental hygienist.  The services authorized under this 
122.6   subdivision and the collaborative agreement may be performed 
122.7   without the presence of a licensed dentist and may be performed 
122.8   at a location other than the usual place of practice of the 
122.9   dentist or dental hygienist and without a dentist's diagnosis 
122.10  and treatment plan, unless specified in the collaborative 
122.11  agreement. 
122.12                             ARTICLE 5
122.13               BOARD OF BEHAVIORAL THERAPY AND HEALTH
122.14               (LICENSED PROFESSIONAL COUNSELORS AND
122.15                    ALCOHOL AND DRUG COUNSELORS)
122.16     Section 1.  Minnesota Statutes 2004, section 148B.53, 
122.17  subdivision 1, is amended to read: 
122.18     Subdivision 1.  [GENERAL REQUIREMENTS.] (a) To be licensed 
122.19  as a licensed professional counselor (LPC), an applicant must 
122.20  provide evidence satisfactory to the board that the applicant: 
122.21     (1) is at least 18 years of age; 
122.22     (2) is of good moral character; 
122.23     (3) has completed a master's or doctoral degree program in 
122.24  counseling or a related field, as determined by the board based 
122.25  on the criteria in paragraph (b), that includes a minimum of 48 
122.26  semester hours or 72 quarter hours and a supervised field 
122.27  experience of not fewer than 700 hours that is counseling in 
122.28  nature; 
122.29     (4) has submitted to the board a plan for supervision 
122.30  during the first 2,000 hours of professional practice or has 
122.31  submitted proof of supervised professional practice that is 
122.32  acceptable to the board; and 
122.33     (5) has demonstrated competence in professional counseling 
122.34  by passing the National Counseling Exam (NCE) administered by 
122.35  the National Board for Certified Counselors, Inc. (NBCC) 
122.36  including obtaining a passing score on the examination accepted 
123.1   by the board based on the determinations made by the NBCC or an 
123.2   equivalent national examination as determined by the board, and 
123.3   ethical, oral, and situational examinations if prescribed by the 
123.4   board.  
123.5      (b) The degree described in paragraph (a), clause (3), must 
123.6   be from a counseling program recognized by the Council for 
123.7   Accreditation of Counseling and Related Education Programs 
123.8   (CACREP) or from an institution of higher education that is 
123.9   accredited by a regional accrediting organization recognized by 
123.10  the Council for Higher Education Accreditation (CHEA).  Specific 
123.11  academic course content and training must meet standards 
123.12  established by the CACREP, including include course work in each 
123.13  of the following subject areas: 
123.14     (1) the helping relationship, including counseling theory 
123.15  and practice; 
123.16     (2) human growth and development; 
123.17     (3) lifestyle and career development; 
123.18     (4) group dynamics, processes, counseling, and consulting; 
123.19     (5) assessment and appraisal; 
123.20     (6) social and cultural foundations, including 
123.21  multicultural issues; 
123.22     (7) principles of etiology, treatment planning, and 
123.23  prevention of mental and emotional disorders and dysfunctional 
123.24  behavior; 
123.25     (8) family counseling and therapy; 
123.26     (9) research and evaluation; and 
123.27     (10) professional counseling orientation and ethics. 
123.28     (c) To be licensed as a professional counselor, a 
123.29  psychological practitioner licensed under section 148.908 need 
123.30  only show evidence of licensure under that section and is not 
123.31  required to comply with paragraph (a), clauses (1) to (3) and 
123.32  (5), or paragraph (b). 
123.33     (d) To be licensed as a professional counselor, a Minnesota 
123.34  licensed psychologist need only show evidence of licensure from 
123.35  the Minnesota Board of Psychology and is not required to comply 
123.36  with paragraph (a) or (b). 
124.1      Sec. 2.  Minnesota Statutes 2004, section 148B.53, 
124.2   subdivision 3, is amended to read: 
124.3      Subd. 3.  [FEE.] Each applicant shall pay a 
124.4   Nonrefundable fee fees are as follows: 
124.5      (1) initial license application fee for licensed 
124.6   professional counseling (LPC) - $250; 
124.7      (2) annual active license renewal fee for LPC - $200 or 
124.8   equivalent; 
124.9      (3) annual inactive license renewal fee for LPC - $100; 
124.10     (4) license renewal late fee - $100 per month or portion 
124.11  thereof; 
124.12     (5) copy of board order or stipulation - $10; 
124.13     (6) certificate of good standing or license verification - 
124.14  $10; 
124.15     (7) duplicate certificate fee - $10; 
124.16     (8) professional firm renewal fee - $25; 
124.17     (9) initial registration fee - $50; and 
124.18     (10) annual registration renewal fee - $25. 
124.19     Sec. 3.  [148B.531] [POSTDEGREE COMPLETION OF DEGREE 
124.20  REQUIREMENTS FOR LICENSURE.] 
124.21     An individual whose degree upon which licensure is to be 
124.22  based included less than 48 semester hours or 72 quarter hours, 
124.23  who did not complete 700 hours of supervised professional 
124.24  practice as part of the degree program, or who did not complete 
124.25  course work in all of the content areas required by section 
124.26  148B.53, subdivision 1, paragraph (b), may complete these 
124.27  requirements postdegree in order to obtain licensure, if: 
124.28     (1) all course work and field experiences are completed 
124.29  through an institution of higher education that is accredited by 
124.30  a regional accrediting organization recognized by the Council 
124.31  for Higher Education Accreditation (CHEA) or through a 
124.32  counseling program recognized by the Council for Accreditation 
124.33  of Counseling and Related Education Programs (CACREP); 
124.34     (2) all course work and field experiences are taken and 
124.35  passed for credit; and 
124.36     (3) no more than 20 semester credits or 30 quarter credits 
125.1   are completed postdegree for purposes of licensure unless the 
125.2   credits are earned as part of an organized sequence of study. 
125.3      Sec. 4.  Minnesota Statutes 2004, section 148B.54, 
125.4   subdivision 2, is amended to read: 
125.5      Subd. 2.  [CONTINUING EDUCATION.] At the completion of the 
125.6   first two four years of licensure, a licensee must provide 
125.7   evidence satisfactory to the board of completion of 12 
125.8   additional postgraduate semester credit hours or its equivalent 
125.9   in counseling as determined by the board, except that no 
125.10  licensee shall be required to show evidence of greater than 60 
125.11  semester hours or its equivalent.  Thereafter, at the time of 
125.12  renewal, each licensee shall provide evidence satisfactory to 
125.13  the board that the licensee has completed during each two-year 
125.14  period at least the equivalent of 40 clock hours of professional 
125.15  postdegree continuing education in programs approved by the 
125.16  board and continues to be qualified to practice under sections 
125.17  148B.50 to 148B.593.  
125.18     Sec. 5.  [148B.555] [EXPERIENCED COUNSELOR TRANSITION.] 
125.19     (a) An applicant for licensure who, prior to December 31, 
125.20  2003, completed a master's or doctoral degree program in 
125.21  counseling or a related field, as determined by the board, and 
125.22  whose degree was from a counseling program recognized by the 
125.23  Council for Accreditation of Counseling and Related Education 
125.24  Programs (CACREP) or from an institution of higher education 
125.25  that is accredited by a regional accrediting organization 
125.26  recognized by the Council for Higher Education Accreditation 
125.27  (CHEA), need not comply with the requirements of section 
125.28  148B.53, subdivision 1, paragraph (a), clause (3), or (b), so 
125.29  long as the applicant can document five years of full-time 
125.30  postdegree work experience within the practice of professional 
125.31  counseling as defined under section 148B.50, subdivisions 4 and 
125.32  5.  
125.33     (b) This section expires July 1, 2007. 
125.34     Sec. 6.  [148B.561] [RETALIATORY PROVISIONS.] 
125.35     If by the laws of any state or the rulings or decisions of 
125.36  the appropriate officers or boards thereof, any burden, 
126.1   obligation, requirement, disqualification, or disability is put 
126.2   upon licensed professional counselors licensed and in good 
126.3   standing in this state, affecting the right of these licensed 
126.4   professional counselors to be registered or licensed in that 
126.5   state, then the same or like burden, obligation, requirement, 
126.6   disqualification, or disability may be put upon the licensure in 
126.7   this state of licensed professional counselors registered in 
126.8   that state. 
126.9      Sec. 7.  Minnesota Statutes 2004, section 148B.59, is 
126.10  amended to read: 
126.11     148B.59 [GROUNDS FOR DISCIPLINARY ACTION; FORMS OF 
126.12  DISCIPLINARY ACTION; RESTORATION OF LICENSE.] 
126.13     (a) The board may impose disciplinary action as described 
126.14  in paragraph (b) against an applicant or licensee whom the 
126.15  board, by a preponderance of the evidence, determines:  
126.16     (1) has violated a statute, rule, or order that the board 
126.17  issued or is empowered to enforce; 
126.18     (2) has engaged in fraudulent, deceptive, or dishonest 
126.19  conduct, whether or not the conduct relates to the practice of 
126.20  licensed professional counseling, that adversely affects the 
126.21  person's ability or fitness to practice professional counseling; 
126.22     (3) has engaged in unprofessional conduct or any other 
126.23  conduct which has the potential for causing harm to the public, 
126.24  including any departure from or failure to conform to the 
126.25  minimum standards of acceptable and prevailing practice without 
126.26  actual injury having to be established; 
126.27     (4) has been convicted of or has pled guilty or nolo 
126.28  contendere to a felony or other crime, an element of which is 
126.29  dishonesty or fraud, or has been shown to have engaged in acts 
126.30  or practices tending to show that the applicant or licensee is 
126.31  incompetent or has engaged in conduct reflecting adversely on 
126.32  the applicant's or licensee's ability or fitness to engage in 
126.33  the practice of professional counseling; 
126.34     (5) has employed fraud or deception in obtaining or 
126.35  renewing a license, or in passing an examination; 
126.36     (6) has had any counseling license, certificate, 
127.1   registration, privilege to take an examination, or other similar 
127.2   authority denied, revoked, suspended, canceled, limited, or not 
127.3   renewed for cause in any jurisdiction or has surrendered or 
127.4   voluntarily terminated a license or certificate during a board 
127.5   investigation of a complaint, as part of a disciplinary order, 
127.6   or while under a disciplinary order; 
127.7      (7) has failed to meet any requirement for the issuance or 
127.8   renewal of the person's license.  The burden of proof is on the 
127.9   applicant or licensee to demonstrate the qualifications or 
127.10  satisfy the requirements for a license under the Licensed 
127.11  Professional Counseling Act; 
127.12     (8) has failed to cooperate with an investigation of the 
127.13  board; 
127.14     (9) has demonstrated an inability to practice professional 
127.15  counseling with reasonable skill and safety to clients due to 
127.16  any mental or physical illness or condition; 
127.17     (10) has engaged in fee splitting.  This clause does not 
127.18  apply to the distribution of revenues from a partnership, group 
127.19  practice, nonprofit corporation, or professional corporation to 
127.20  its partners, shareholders, members, or employees if the 
127.21  revenues consist only of fees for services performed by the 
127.22  licensee or under a licensee's administrative authority.  Fee 
127.23  splitting includes, but is not limited to: 
127.24     (i) dividing fees with another person or a professional 
127.25  corporation, unless the division is in proportion to the 
127.26  services provided and the responsibility assumed by each 
127.27  professional; and 
127.28     (ii) referring a client to any health care provider as 
127.29  defined in section 144.335 in which the referring licensee has a 
127.30  significant financial interest, unless the licensee has 
127.31  disclosed in advance to the client the licensee's own financial 
127.32  interest; or and 
127.33     (iii) paying, offering to pay, receiving, or agreeing to 
127.34  receive a commission, rebate, or remuneration, directly or 
127.35  indirectly, primarily for the referral of clients; 
127.36     (11) has engaged in conduct with a patient client that is 
128.1   sexual or may reasonably be interpreted by the patient client as 
128.2   sexual, or in any verbal behavior that is seductive or sexually 
128.3   demeaning to a patient client; 
128.4      (12) has been subject to a corrective action or similar 
128.5   action in another jurisdiction or by another regulatory 
128.6   authority; or 
128.7      (13) has been adjudicated as mentally incompetent, mentally 
128.8   ill, or mentally retarded or as a chemically dependent person, a 
128.9   person dangerous to the public, a sexually dangerous person, or 
128.10  a person who has a sexual psychopathic personality by a court of 
128.11  competent jurisdiction within this state or an equivalent 
128.12  adjudication from another state.  Adjudication automatically 
128.13  suspends a license for the duration thereof unless the board 
128.14  orders otherwise. 
128.15     (b) If grounds for disciplinary action exist under 
128.16  paragraph (a), the board may take one or more of the following 
128.17  actions: 
128.18     (1) refuse to grant or renew a license; 
128.19     (2) revoke a license; 
128.20     (3) suspend a license; 
128.21     (4) impose limitations or conditions on a licensee's 
128.22  practice of professional counseling, including, but not limited 
128.23  to, limiting the scope of practice to designated competencies, 
128.24  imposing retraining or rehabilitation requirements, requiring 
128.25  the licensee to practice under supervision, or conditioning 
128.26  continued practice on the demonstration of knowledge or skill by 
128.27  appropriate examination or other review of skill and competence; 
128.28     (5) censure or reprimand the licensee; 
128.29     (6) refuse to permit an applicant to take the licensure 
128.30  examination or refuse to release an applicant's examination 
128.31  grade if the board finds that it is in the public interest; or 
128.32     (7) impose a civil penalty not exceeding $10,000 for each 
128.33  separate violation, the amount of the civil penalty to be fixed 
128.34  so as to deprive the applicant or licensee of any economic 
128.35  advantage gained by reason of the violation charged, to 
128.36  discourage similar violations or to reimburse the board for the 
129.1   cost of the investigation and proceeding, including, but not 
129.2   limited to, fees paid for services provided by the Office of 
129.3   Administrative Hearings, legal and investigative services 
129.4   provided by the Office of the Attorney General, court reporters, 
129.5   witnesses, reproduction of records, board members' per diem 
129.6   compensation, board staff time, and travel costs and expenses 
129.7   incurred by board staff and board members.  
129.8      (c) In lieu of or in addition to paragraph (b), the board 
129.9   may require, as a condition of continued licensure, termination 
129.10  of suspension, reinstatement of license, examination, or release 
129.11  of examination grades, that the applicant or licensee: 
129.12     (1) submit to a quality review, as specified by the board, 
129.13  of the applicant's or licensee's ability, skills, or quality of 
129.14  work; and 
129.15     (2) complete to the satisfaction of the board educational 
129.16  courses specified by the board. 
129.17  The board may also refer a licensee, if appropriate, to the 
129.18  health professionals services program described in sections 
129.19  214.31 to 214.37. 
129.20     (d) Service of the order is effective if the order is 
129.21  served on the applicant, licensee, or counsel of record 
129.22  personally or by mail to the most recent address provided to the 
129.23  board for the licensee, applicant, or counsel of record.  The 
129.24  order shall state the reasons for the entry of the order. 
129.25     Sec. 8.  [148B.5901] [TEMPORARY SUSPENSION OF LICENSE.] 
129.26     (a) In addition to any other remedy provided by law, the 
129.27  board may issue an order to temporarily suspend the credentials 
129.28  of a licensee after conducting a preliminary inquiry to 
129.29  determine if the board reasonably believes that the licensee has 
129.30  violated a statute or rule that the board is empowered to 
129.31  enforce and whether continued practice by the licensee would 
129.32  create an imminent risk of harm to others. 
129.33     (b) The order may prohibit the licensee from engaging in 
129.34  the practice of licensed professional counseling in whole or in 
129.35  part and may condition the end of a suspension on the licensee's 
129.36  compliance with a statute, rule, or order that the board has 
130.1   issued or is empowered to enforce. 
130.2      (c) The order shall give notice of the right to a hearing 
130.3   according to this subdivision and shall state the reasons for 
130.4   the entry of the order. 
130.5      (d) Service of the order is effective when the order is 
130.6   served on the licensee personally or by certified mail, which is 
130.7   complete upon receipt, refusal, or return for nondelivery to the 
130.8   most recent address provided to the board for the licensee. 
130.9      (e) At the time the board issues a temporary suspension 
130.10  order, the board shall schedule a hearing to be held before its 
130.11  own members.  The hearing shall begin no later than 60 days 
130.12  after issuance of the temporary suspension order or within 15 
130.13  working days of the date of the board's receipt of a request for 
130.14  hearing by a licensee, on the sole issue of whether there is a 
130.15  reasonable basis to continue, modify, or lift the temporary 
130.16  suspension.  The hearing is not subject to chapter 14.  Evidence 
130.17  presented by the board or the licensee shall be in affidavit 
130.18  form only.  The licensee or counsel of record may appear for 
130.19  oral argument. 
130.20     (f) Within five working days of the hearing, the board 
130.21  shall issue its order and, if the suspension is continued, 
130.22  schedule a contested case hearing within 30 days of the issuance 
130.23  of the order.  Notwithstanding chapter 14, the administrative 
130.24  law judge shall issue a report within 30 days after closing the 
130.25  contested case hearing record.  The board shall issue a final 
130.26  order within 30 days of receipt of the administrative law 
130.27  judge's report. 
130.28     Sec. 9.  [148B.5905] [MENTAL, PHYSICAL, OR CHEMICAL 
130.29  DEPENDENCY EXAMINATION OR EVALUATION; ACCESS TO MEDICAL DATA.] 
130.30     (a) If the board has probable cause to believe section 
130.31  148B.59, paragraph (a), clause (9), applies to a licensee or 
130.32  applicant, the board may direct the person to submit to a 
130.33  mental, physical, or chemical dependency examination or 
130.34  evaluation.  For the purpose of this section, every licensee and 
130.35  applicant is deemed to have consented to submit to a mental, 
130.36  physical, or chemical dependency examination or evaluation when 
131.1   directed in writing by the board and to have waived all 
131.2   objections to the admissibility of the examining professionals' 
131.3   testimony or examination reports on the grounds that the 
131.4   testimony or examination reports constitute a privileged 
131.5   communication.  Failure of a licensee or applicant to submit to 
131.6   an examination when directed by the board constitutes an 
131.7   admission of the allegations against the person, unless the 
131.8   failure was due to circumstances beyond the person's control, in 
131.9   which case a default and final order may be entered without the 
131.10  taking of testimony or presentation of evidence.  A licensee or 
131.11  applicant affected under this paragraph shall at reasonable 
131.12  intervals be given an opportunity to demonstrate that the person 
131.13  can resume the competent practice of licensed professional 
131.14  counseling with reasonable skill and safety to the public.  In 
131.15  any proceeding under this paragraph, neither the record of 
131.16  proceedings nor the orders entered by the board shall be used 
131.17  against a licensee or applicant in any other proceeding. 
131.18     (b) In addition to ordering a physical or mental 
131.19  examination, the board may, notwithstanding section 13.384, 
131.20  144.651, or any other law limiting access to medical or other 
131.21  health data, obtain medical data and health records relating to 
131.22  a licensee or applicant without the licensee's or applicant's 
131.23  consent if the board has probable cause to believe that section 
131.24  148B.59, paragraph (a), clause (9), applies to the licensee or 
131.25  applicant.  The medical data may be requested from a provider, 
131.26  as defined in section 144.335, subdivision 1, paragraph (b); an 
131.27  insurance company; or a government agency, including the 
131.28  Department of Human Services.  A provider, insurance company, or 
131.29  government agency shall comply with any written request of the 
131.30  board under this subdivision and is not liable in any action for 
131.31  damages for releasing the data requested by the board if the 
131.32  data are released pursuant to a written request under this 
131.33  subdivision, unless the information is false and the provider 
131.34  giving the information knew, or had reason to believe, the 
131.35  information was false.  Information obtained under this 
131.36  subdivision is classified as private under sections 13.01 to 
132.1   13.87. 
132.2      Sec. 10.  [148B.5925] [ASSESSMENT TOOL SECURITY.] 
132.3      Notwithstanding section 144.335, subdivision 2, paragraphs 
132.4   (a) and (b), a provider shall not be required to provide copies 
132.5   of assessment tools, assessment tool materials, or scoring keys 
132.6   to any individual who has completed an assessment tool or to an 
132.7   individual not qualified to administer, score, and interpret the 
132.8   assessment tool, if the provider reasonably determines that 
132.9   access would compromise the objectivity, fairness, or integrity 
132.10  of the testing process for the individual or others.  If the 
132.11  provider makes this determination, the provider shall, at the 
132.12  discretion of the individual who has completed the assessment 
132.13  tool, release the information either to another provider who is 
132.14  qualified to administer, score, and interpret the assessment 
132.15  tool or furnish a summary of the assessment tool results to the 
132.16  individual or to a third party designated by the individual. 
132.17     Sec. 11.  Minnesota Statutes 2004, section 148C.03, 
132.18  subdivision 1, is amended to read: 
132.19     Subdivision 1.  [GENERAL.] The commissioner shall, after 
132.20  consultation with the advisory council or a committee 
132.21  established by rule: 
132.22     (a) adopt and enforce rules for licensure of alcohol and 
132.23  drug counselors, including establishing standards and methods of 
132.24  determining whether applicants and licensees are qualified under 
132.25  section 148C.04.  The rules must provide for examinations and 
132.26  establish standards for the regulation of professional conduct.  
132.27  The rules must be designed to protect the public; 
132.28     (b) develop and, at least twice a year, administer an 
132.29  examination to assess applicants' knowledge and skills.  The 
132.30  commissioner may contract for the administration of an 
132.31  examination with an entity designated by the commissioner.  The 
132.32  examinations must be psychometrically valid and reliable; must 
132.33  be written and oral, with the oral examination based on a 
132.34  written case presentation; must minimize cultural bias; and must 
132.35  be balanced in various theories relative to the practice of 
132.36  alcohol and drug counseling; 
133.1      (c) issue licenses to individuals qualified under sections 
133.2   148C.01 to 148C.11; 
133.3      (d) (c) issue copies of the rules for licensure to all 
133.4   applicants; 
133.5      (e) (d) adopt rules to establish and implement procedures, 
133.6   including a standard disciplinary process and rules of 
133.7   professional conduct; 
133.8      (f) (e) carry out disciplinary actions against licensees; 
133.9      (g) (f) establish, with the advice and recommendations of 
133.10  the advisory council, written internal operating procedures for 
133.11  receiving and investigating complaints and for taking 
133.12  disciplinary actions as appropriate; 
133.13     (h) (g) educate the public about the existence and content 
133.14  of the rules for alcohol and drug counselor licensing to enable 
133.15  consumers to file complaints against licensees who may have 
133.16  violated the rules; 
133.17     (i) (h) evaluate the rules in order to refine and improve 
133.18  the methods used to enforce the commissioner's standards; and 
133.19     (j) (i) collect license fees for alcohol and drug 
133.20  counselors. 
133.21     Sec. 12.  Minnesota Statutes 2004, section 148C.04, 
133.22  subdivision 3, is amended to read: 
133.23     Subd. 3.  [REQUIREMENTS FOR LICENSURE BEFORE JULY 1, 2008.] 
133.24  An applicant for a license must furnish evidence satisfactory to 
133.25  the commissioner that the applicant has met all the requirements 
133.26  in clauses (1) to (3).  The applicant must have: 
133.27     (1) received an associate degree, or an equivalent number 
133.28  of credit hours, and a certificate in alcohol and drug 
133.29  counseling, including 18 semester credits or 270 clock hours of 
133.30  academic course work in accordance with subdivision 5a, 
133.31  paragraph (a), from an accredited school or educational program 
133.32  and 880 clock hours of supervised alcohol and drug counseling 
133.33  practicum; 
133.34     (2) completed one of the following: 
133.35     (i) a written case presentation and satisfactorily passed 
133.36  an oral examination established by the commissioner that 
134.1   demonstrates competence in the core functions as determined by 
134.2   the board; or 
134.3      (ii) satisfactorily completed 2,000 hours of supervised 
134.4   postdegree equivalent professional practice in accordance with 
134.5   section 148C.044; and 
134.6      (3) satisfactorily passed a written examination as 
134.7   established by the commissioner examinations for licensure as 
134.8   determined by the board. 
134.9      Sec. 13.  Minnesota Statutes 2004, section 148C.04, 
134.10  subdivision 4, is amended to read: 
134.11     Subd. 4.  [REQUIREMENTS FOR LICENSURE AFTER JULY 1, 2008.] 
134.12  An applicant for a license must submit evidence to the 
134.13  commissioner that the applicant has met one of the following 
134.14  requirements: 
134.15     (1) the applicant must have: 
134.16     (i) received a bachelor's degree from an accredited school 
134.17  or educational program, including 18 semester credits or 270 
134.18  clock hours of academic course work in accordance with 
134.19  subdivision 5a, paragraph (a), from an accredited school or 
134.20  educational program and 880 clock hours of supervised alcohol 
134.21  and drug counseling practicum; 
134.22     (ii) completed a written case presentation and 
134.23  satisfactorily passed an oral examination established by the 
134.24  commissioner that demonstrates competence in the core functions; 
134.25  or submitted to the board a plan for supervision during the 
134.26  first 2,000 hours of professional practice, or submitted proof 
134.27  of supervised professional practice that is acceptable to the 
134.28  commissioner; and 
134.29     (iii) satisfactorily passed a written examination as 
134.30  established by the commissioner; or 
134.31     (2) the applicant must meet the requirements of section 
134.32  148C.07. 
134.33     Sec. 14.  Minnesota Statutes 2004, section 148C.04, 
134.34  subdivision 6, is amended to read: 
134.35     Subd. 6.  [TEMPORARY PERMIT REQUIREMENTS.] (a) The 
134.36  commissioner shall issue a temporary permit to practice alcohol 
135.1   and drug counseling prior to being licensed under this chapter 
135.2   if the person: 
135.3      (1) either: 
135.4      (i) submits verification of a current and unrestricted 
135.5   credential for the practice of alcohol and drug counseling from 
135.6   a national certification body or a certification or licensing 
135.7   body from another state, United States territory, or federally 
135.8   recognized tribal authority; 
135.9      (ii) submits verification of the completion of at least 64 
135.10  semester credits, including 270 clock hours or 18 semester 
135.11  credits of formal classroom education in alcohol and drug 
135.12  counseling and at least 880 clock hours of alcohol and drug 
135.13  counseling practicum from an accredited school or educational 
135.14  program; 
135.15     (iii) applies to renew a lapsed license according to the 
135.16  requirements of section 148C.055, subdivision 3, clauses (1) and 
135.17  (2), or section 148C.055, subdivision 4, clauses (1) and (2); or 
135.18     (iv) meets the requirements of section 148C.11, subdivision 
135.19  1, paragraph (c), or 6, clauses (1), (2), and (5); 
135.20     (2) applies, in writing, on an application form provided by 
135.21  the commissioner, which includes the nonrefundable temporary 
135.22  permit fee as specified in section 148C.12 and an affirmation by 
135.23  the person's supervisor, as defined in paragraph (c), clause 
135.24  (1), which is signed and dated by the person and the person's 
135.25  supervisor; and 
135.26     (3) has not been disqualified to practice temporarily on 
135.27  the basis of a background investigation under section 148C.09, 
135.28  subdivision 1a.  
135.29     (b) The commissioner must notify the person in writing 
135.30  within 90 days from the date the completed application and all 
135.31  required information is received by the commissioner whether the 
135.32  person is qualified to practice under this subdivision. 
135.33     (c) A person practicing under this subdivision: 
135.34     (1) may practice under tribal jurisdiction or under the 
135.35  direct supervision of a person who is licensed under this 
135.36  chapter; 
136.1      (2) is subject to the Rules of Professional Conduct set by 
136.2   rule; and 
136.3      (3) is not subject to the continuing education requirements 
136.4   of section 148C.075. 
136.5      (d) A person practicing under this subdivision must use the 
136.6   title or description stating or implying that the person is a 
136.7   trainee engaged in the practice of alcohol and drug counseling. 
136.8      (e) A person practicing under this subdivision must 
136.9   annually submit a renewal application on forms provided by the 
136.10  commissioner with the renewal fee required in section 148C.12, 
136.11  subdivision 3, and the commissioner may renew the temporary 
136.12  permit if the trainee meets the requirements of this 
136.13  subdivision.  A trainee may renew a practice permit no more than 
136.14  five times. 
136.15     (f) A temporary permit expires if not renewed, upon a 
136.16  change of employment of the trainee or upon a change in 
136.17  supervision, or upon the granting or denial by the commissioner 
136.18  of a license.  
136.19     Sec. 15.  [148C.044] [SUPERVISED POSTDEGREE PROFESSIONAL 
136.20  PRACTICE.] 
136.21     Subdivision 1.  [SUPERVISION.] For the purpose of this 
136.22  section, "supervision" means documented interactive 
136.23  consultation, which, subject to the limitations in subdivision 
136.24  4, paragraph (a), clause (2), may be conducted in person, by 
136.25  telephone, or by audio or audiovisual electronic device, with a 
136.26  supervisor as defined in subdivision 2.  The supervision must be 
136.27  adequate to ensure the quality and competence of the activities 
136.28  supervised.  Supervisory consultation must include discussions 
136.29  on the nature and content of the practice of the supervisee, 
136.30  including, but not limited to, a review of a representative 
136.31  sample of counseling services in the supervisee's practice. 
136.32     Subd. 2.  [POSTDEGREE PROFESSIONAL PRACTICE.] "Postdegree 
136.33  professional practice" means required postdegree paid or 
136.34  volunteer work experience and training that involves the 
136.35  professional oversight by a supervisor approved by the board and 
136.36  that satisfies the supervision requirements in subdivision 4. 
137.1      Subd. 3.  [SUPERVISOR REQUIREMENTS.] For purposes of this 
137.2   section, a supervisor shall: 
137.3      (1) be a licensed alcohol and drug counselor or other 
137.4   qualified professional as determined by the board; 
137.5      (2) have four years of experience in providing alcohol and 
137.6   drug counseling; 
137.7      (3) have received a minimum of 12 hours of training in 
137.8   clinical and ethical supervision, which may include graduate 
137.9   course work, continuing education courses, workshops, or a 
137.10  combination thereof; and 
137.11     (4) supervise no more than three persons in postdegree 
137.12  professional practice. 
137.13     Subd. 4.  [SUPERVISED PRACTICE REQUIREMENTS FOR 
137.14  LICENSURE.] (a) The content of supervision must include: 
137.15     (1) knowledge, skills, values, and ethics with specific 
137.16  application to the practice issues faced by the supervisee, 
137.17  including the core functions as described in section 148C.01, 
137.18  subdivision 9; 
137.19     (2) the standards of practice and ethical conduct, with 
137.20  particular emphasis given to the counselor's role and 
137.21  appropriate responsibilities, professional boundaries, and power 
137.22  dynamics; and 
137.23     (3) the supervisee's permissible scope of practice, as 
137.24  defined by section 148C.01, subdivision 10. 
137.25     (b) The supervision must be obtained at the rate of one 
137.26  hour of supervision per 40 hours of professional practice, for a 
137.27  total of 50 hours of supervision.  The supervision must be 
137.28  evenly distributed over the course of the supervised 
137.29  professional practice.  At least 75 percent of the required 
137.30  supervision hours must be received in person.  The remaining 25 
137.31  percent of the required hours may be received by telephone or by 
137.32  audio or audiovisual electronic device.  At least 50 percent of 
137.33  the required hours of supervision must be received on an 
137.34  individual basis.  The remaining 50 percent may be received in a 
137.35  group setting. 
137.36     (c) The supervision must be completed in no fewer than 12 
138.1   consecutive months and no more than 36 consecutive months. 
138.2      (d) The applicant shall include with an application for 
138.3   licensure verification of completion of the 2,000 hours of 
138.4   supervised professional practice.  Verification must be on a 
138.5   form specified by the board.  The supervisor shall verify that 
138.6   the supervisee has completed the required hours of supervision 
138.7   in accordance with this section.  The supervised practice 
138.8   required under this section is unacceptable if the supervisor 
138.9   attests that the supervisee's performance, competence, or 
138.10  adherence to the standards of practice and ethical conduct has 
138.11  been unsatisfactory. 
138.12     Sec. 16.  Minnesota Statutes 2004, section 148C.091, 
138.13  subdivision 1, is amended to read: 
138.14     Subdivision 1.  [FORMS OF DISCIPLINARY ACTION.] When the 
138.15  commissioner finds that an applicant or a licensed alcohol and 
138.16  drug counselor has violated a provision or provisions of 
138.17  sections 148C.01 to 148C.11, or rules promulgated under this 
138.18  chapter, the commissioner may take one or more of the following 
138.19  actions: 
138.20     (1) refuse to grant a license; 
138.21     (2) revoke the license; 
138.22     (3) suspend the license; 
138.23     (4) impose limitations or conditions; 
138.24     (5) impose a civil penalty not exceeding $10,000 for each 
138.25  separate violation, the amount of the civil penalty to be fixed 
138.26  so as to deprive the counselor of any economic advantage gained 
138.27  by reason of the violation charged or to reimburse the 
138.28  commissioner for all costs of the investigation and proceeding; 
138.29  including, but not limited to, the amount paid by the 
138.30  commissioner for services from the Office of Administrative 
138.31  Hearings, attorney fees, court reports, witnesses, reproduction 
138.32  of records, advisory council members' per diem compensation, 
138.33  staff time, and expense incurred by advisory council members and 
138.34  staff of the department; 
138.35     (6) order the counselor to provide uncompensated 
138.36  professional service under supervision at a designated public 
139.1   hospital, clinic, or other health care institution; 
139.2      (7) censure or reprimand the counselor; or 
139.3      (8) any other action justified by the case. 
139.4      Sec. 17.  Minnesota Statutes 2004, section 148C.10, 
139.5   subdivision 2, is amended to read: 
139.6      Subd. 2.  [USE OF TITLES.] No person shall present 
139.7   themselves or any other individual to the public by any title 
139.8   incorporating the words "licensed alcohol and drug counselor" or 
139.9   otherwise hold themselves out to the public by any title or 
139.10  description stating or implying that they are licensed or 
139.11  otherwise qualified to practice alcohol and drug counseling 
139.12  unless that individual holds a valid license.  Persons issued a 
139.13  temporary permit must use titles consistent with section 
139.14  148C.04, subdivision 6, paragraph (c) (d). 
139.15     Sec. 18.  Minnesota Statutes 2004, section 148C.11, 
139.16  subdivision 1, is amended to read: 
139.17     Subdivision 1.  [OTHER PROFESSIONALS.] (a) Nothing in this 
139.18  chapter prevents members of other professions or occupations 
139.19  from performing functions for which they are qualified or 
139.20  licensed.  This exception includes, but is not limited to,:  
139.21  licensed physicians,; registered nurses,; licensed practical 
139.22  nurses,; licensed psychological practitioners,; members of the 
139.23  clergy,; American Indian medicine men and women,; licensed 
139.24  attorneys,; probation officers,; licensed marriage and family 
139.25  therapists,; licensed social workers,; social workers employed 
139.26  by city, county, or state agencies; licensed professional 
139.27  counselors,; licensed school counselors,; registered 
139.28  occupational therapists or occupational therapy assistants,; 
139.29  city, county, or state employees when providing assessments or 
139.30  case management under Minnesota Rules, chapter 9530; and until 
139.31  July 1, 2005, individuals providing integrated dual-diagnosis 
139.32  treatment in adult mental health rehabilitative programs 
139.33  certified by the Department of Human Services under section 
139.34  256B.0622 or 256B.0623. 
139.35     (b) Nothing in this chapter prohibits technicians and 
139.36  resident managers in programs licensed by the Department of 
140.1   Human Services from discharging their duties as provided in 
140.2   Minnesota Rules, chapter 9530.  
140.3      (c) Any person who is exempt under this section subdivision 
140.4   but who elects to obtain a license under this chapter is subject 
140.5   to this chapter to the same extent as other licensees.  The 
140.6   commissioner shall issue a license without examination to an 
140.7   applicant who is licensed or registered in a profession 
140.8   identified in paragraph (a) if the applicant:  
140.9      (1) shows evidence of current licensure or registration; 
140.10  and 
140.11     (2) has submitted to the commissioner a plan for 
140.12  supervision during the first 2,000 hours of professional 
140.13  practice or has submitted proof of supervised professional 
140.14  practice that is acceptable to the commissioner.  
140.15     (d) These persons Any person who is exempt from licensure 
140.16  under this section must not, however, use a title incorporating 
140.17  the words "alcohol and drug counselor" or "licensed alcohol and 
140.18  drug counselor" or otherwise hold themselves out to the public 
140.19  by any title or description stating or implying that they are 
140.20  engaged in the practice of alcohol and drug counseling, or that 
140.21  they are licensed to engage in the practice of alcohol and drug 
140.22  counseling unless that person is also licensed as an alcohol and 
140.23  drug counselor.  Persons engaged in the practice of alcohol and 
140.24  drug counseling are not exempt from the commissioner's 
140.25  jurisdiction solely by the use of one of the above titles. 
140.26     Sec. 19.  Minnesota Statutes 2004, section 148C.11, 
140.27  subdivision 4, is amended to read: 
140.28     Subd. 4.  [HOSPITAL ALCOHOL AND DRUG COUNSELORS.] Effective 
140.29  January 1, 2006 2007, hospitals employing alcohol and drug 
140.30  counselors shall be required to employ licensed alcohol and drug 
140.31  counselors.  An alcohol or drug counselor employed by a hospital 
140.32  must be licensed as an alcohol and drug counselor in accordance 
140.33  with this chapter.  
140.34     Sec. 20.  Minnesota Statutes 2004, section 148C.11, 
140.35  subdivision 5, is amended to read: 
140.36     Subd. 5.  [CITY, COUNTY, AND STATE AGENCY ALCOHOL AND DRUG 
141.1   COUNSELORS.] Effective January 1, 2006 2007, city, county, and 
141.2   state agencies employing alcohol and drug counselors shall be 
141.3   required to employ licensed alcohol and drug counselors.  An 
141.4   alcohol and drug counselor employed by a city, county, or state 
141.5   agency must be licensed as an alcohol and drug counselor in 
141.6   accordance with this chapter.  
141.7      Sec. 21.  Minnesota Statutes 2004, section 148C.11, 
141.8   subdivision 6, is amended to read: 
141.9      Subd. 6.  [TRANSITION PERIOD FOR HOSPITAL AND CITY, COUNTY, 
141.10  AND STATE AGENCY ALCOHOL AND DRUG COUNSELORS.] For the period 
141.11  between July 1, 2003, and January 1, 2006 2007, the commissioner 
141.12  shall grant a license to an individual who is employed as an 
141.13  alcohol and drug counselor at a Minnesota school district or 
141.14  hospital, or a city, county, or state agency in Minnesota, if 
141.15  the individual meets the requirements in section 148C.0351 and:  
141.16     (1) was employed as an alcohol and drug counselor at a 
141.17  school district, a hospital, or a city, county, or state agency 
141.18  before August 1, 2002; (2) has 8,000 hours of alcohol and drug 
141.19  counselor work experience; (3) has completed a written case 
141.20  presentation and satisfactorily passed an oral examination 
141.21  established by the commissioner; (4) and has satisfactorily 
141.22  passed a written examination as established by the commissioner; 
141.23  and (5) meets the requirements in section 148C.0351 or 
141.24     (2) is credentialed as a board certified counselor (BCC) or 
141.25  board certified counselor reciprocal (BCCR) by the Minnesota 
141.26  Certification Board; or 
141.27     (3) has 14,000 hours of supervised alcohol and drug 
141.28  counselor work experience as documented by the employer. 
141.29     Sec. 22.  Minnesota Statutes 2004, section 148C.12, 
141.30  subdivision 3, is amended to read: 
141.31     Subd. 3.  [TEMPORARY PERMIT FEE.] The initial fee for 
141.32  applicants under section 148C.04, subdivision 6, paragraph (a), 
141.33  is $100.  The fee for annual renewal of a temporary permit 
141.34  is $100 $150, but when the first expiration date occurs in less 
141.35  or more than one year, the fee must be prorated. 
141.36     Sec. 23.  Minnesota Statutes 2004, section 214.01, 
142.1   subdivision 2, is amended to read: 
142.2      Subd. 2.  [HEALTH-RELATED LICENSING BOARD.] "Health-related 
142.3   licensing board" means the Board of Examiners of Nursing Home 
142.4   Administrators established pursuant to section 144A.19, the 
142.5   Office of Unlicensed Complementary and Alternative Health Care 
142.6   Practice established pursuant to section 146A.02, the Board of 
142.7   Medical Practice created pursuant to section 147.01, the Board 
142.8   of Nursing created pursuant to section 148.181, the Board of 
142.9   Chiropractic Examiners established pursuant to section 148.02, 
142.10  the Board of Optometry established pursuant to section 148.52, 
142.11  the Board of Physical Therapy established pursuant to section 
142.12  148.67, the Board of Psychology established pursuant to section 
142.13  148.90, the Board of Social Work pursuant to section 148B.19, 
142.14  the Board of Marriage and Family Therapy pursuant to section 
142.15  148B.30, the Office of Mental Health Practice established 
142.16  pursuant to section 148B.61, the Board of Behavioral Health and 
142.17  Therapy established by section 148B.51, the Alcohol and Drug 
142.18  Counselors Licensing Advisory Council established pursuant to 
142.19  section 148C.02, the Board of Dietetics and Nutrition Practice 
142.20  established under section 148.622, the Board of Dentistry 
142.21  established pursuant to section 150A.02, the Board of Pharmacy 
142.22  established pursuant to section 151.02, the Board of Podiatric 
142.23  Medicine established pursuant to section 153.02, and the Board 
142.24  of Veterinary Medicine, established pursuant to section 156.01. 
142.25     Sec. 24.  Minnesota Statutes 2004, section 214.103, 
142.26  subdivision 1, is amended to read: 
142.27     Subdivision 1.  [APPLICATION.] For purposes of this 
142.28  section, "board" means "health-related licensing board" and does 
142.29  not include the Alcohol and Drug Counselors Licensing Advisory 
142.30  Council established pursuant to section 148C.02, or the 
142.31  non-health-related licensing boards.  Nothing in this section 
142.32  supersedes section 214.10, subdivisions 2a, 3, 8, and 9, as they 
142.33  apply to the health-related licensing boards. 
142.34     Sec. 25.  [AUTHORIZATION FOR EXPEDITED RULEMAKING 
142.35  AUTHORITY.] 
142.36     The Board of Behavioral Health and Therapy may use the 
143.1   expedited rulemaking process under Minnesota Statutes, section 
143.2   14.389, for adopting and amending rules to conform with sections 
143.3   1 to 10. 
143.4      Sec. 26.  [REPEALER.] 
143.5      (a) Minnesota Statutes 2004, sections 148C.02 and 148C.12, 
143.6   subdivision 4, are repealed.  
143.7      (b) Minnesota Rules, parts 4747.0030, subparts 11 and 16; 
143.8   4747.1200; and 4747.1300, are repealed. 
143.9      Sec. 27.  [EFFECTIVE DATE.] 
143.10     This article is effective July 1, 2005. 
143.11                             ARTICLE 6
143.12                     BOARD OF MEDICAL PRACTICE
143.13     (PHYSICIAN ASSISTANTS AND RESPIRATORY CARE PRACTITIONERS)
143.14     Section 1.  Minnesota Statutes 2004, section 147A.18, 
143.15  subdivision 1, is amended to read: 
143.16     Subdivision 1.  [DELEGATION.] (a) A supervising physician 
143.17  may delegate to a physician assistant who is registered with the 
143.18  board, certified by the National Commission on Certification of 
143.19  Physician Assistants or successor agency approved by the board, 
143.20  and who is under the supervising physician's supervision, the 
143.21  authority to prescribe, dispense, and administer legend drugs, 
143.22  medical devices, and controlled substances subject to the 
143.23  requirements in this section.  The authority to dispense 
143.24  includes, but is not limited to, the authority to request, 
143.25  receive, and dispense sample drugs.  This authority to dispense 
143.26  extends only to those drugs described in the written agreement 
143.27  developed under paragraph (b). 
143.28     (b) The agreement between the physician assistant and 
143.29  supervising physician and any alternate supervising physicians 
143.30  must include a statement by the supervising physician regarding 
143.31  delegation or nondelegation of the functions of prescribing, 
143.32  dispensing, and administering of legend drugs and medical 
143.33  devices to the physician assistant.  The statement must include 
143.34  a protocol indicating categories of drugs for which the 
143.35  supervising physician delegates prescriptive and dispensing 
143.36  authority.  The delegation must be appropriate to the physician 
144.1   assistant's practice and within the scope of the physician 
144.2   assistant's training.  Physician assistants who have been 
144.3   delegated the authority to prescribe, dispense, and administer 
144.4   legend drugs and medical devices shall provide evidence of 
144.5   current certification by the National Commission on 
144.6   Certification of Physician Assistants or its successor agency 
144.7   when registering or reregistering as physician assistants.  
144.8   Physician assistants who have been delegated the authority to 
144.9   prescribe controlled substances must present evidence of the 
144.10  certification and hold a valid DEA certificate.  Supervising 
144.11  physicians shall retrospectively review the prescribing, 
144.12  dispensing, and administering of legend and controlled drugs and 
144.13  medical devices by physician assistants, when this authority has 
144.14  been delegated to the physician assistant as part of the 
144.15  delegation agreement between the physician and the physician 
144.16  assistant.  This review must take place at least weekly as 
144.17  outlined in the internal protocol.  The process and schedule for 
144.18  the review must be outlined in the delegation agreement. 
144.19     (c) The board may establish by rule: 
144.20     (1) a system of identifying physician assistants eligible 
144.21  to prescribe, administer, and dispense legend drugs and medical 
144.22  devices; 
144.23     (2) a system of identifying physician assistants eligible 
144.24  to prescribe, administer, and dispense controlled substances; 
144.25     (3) a method of determining the categories of legend and 
144.26  controlled drugs and medical devices that each physician 
144.27  assistant is allowed to prescribe, administer, and dispense; and 
144.28     (4) a system of transmitting to pharmacies a listing of 
144.29  physician assistants eligible to prescribe legend and controlled 
144.30  drugs and medical devices. 
144.31     Sec. 2.  Minnesota Statutes 2004, section 147A.18, 
144.32  subdivision 3, is amended to read: 
144.33     Subd. 3.  [OTHER REQUIREMENTS AND RESTRICTIONS.] (a) The 
144.34  supervising physician and the physician assistant must complete, 
144.35  sign, and date an internal protocol which lists each category of 
144.36  drug or medical device, or controlled substance the physician 
145.1   assistant may prescribe, dispense, and administer.  The 
145.2   supervising physician and physician assistant shall submit the 
145.3   internal protocol to the board upon request.  The supervising 
145.4   physician may amend the internal protocol as necessary, within 
145.5   the limits of the completed delegation form in subdivision 5.  
145.6   The supervising physician and physician assistant must sign and 
145.7   date any amendments to the internal protocol.  Any amendments 
145.8   resulting in a change to an addition or deletion to categories 
145.9   delegated in the delegation form in subdivision 5 must be 
145.10  submitted to the board according to this chapter, along with the 
145.11  fee required. 
145.12     (b) The supervising physician and physician assistant shall 
145.13  review delegation of prescribing, dispensing, and administering 
145.14  authority on an annual basis at the time of reregistration.  The 
145.15  internal protocol must be signed and dated by the supervising 
145.16  physician and physician assistant after review.  Any amendments 
145.17  to the internal protocol resulting in changes to the delegation 
145.18  form in subdivision 5 must be submitted to the board according 
145.19  to this chapter, along with the fee required. 
145.20     (c) Each prescription initiated by a physician assistant 
145.21  shall indicate the following: 
145.22     (1) the date of issue; 
145.23     (2) the name and address of the patient; 
145.24     (3) the name and quantity of the drug prescribed; 
145.25     (4) directions for use; and 
145.26     (5) the name, and address, and telephone number of the 
145.27  prescribing physician assistant and of the physician serving as 
145.28  supervisor. 
145.29     (d) In prescribing, dispensing, and administering legend 
145.30  drugs and medical devices, including controlled substances as 
145.31  defined in section 152.01, subdivision 4, a physician assistant 
145.32  must conform with the agreement, chapter 151, and this chapter. 
145.33     Sec. 3.  Minnesota Statutes 2004, section 147C.05, is 
145.34  amended to read: 
145.35     147C.05 [SCOPE OF PRACTICE.] 
145.36     (a) The practice of respiratory care by a registered 
146.1   respiratory care practitioner includes, but is not limited to, 
146.2   the following services: 
146.3      (1) providing and monitoring therapeutic administration of 
146.4   medical gases, aerosols, humidification, and pharmacological 
146.5   agents related to respiratory care procedures, but not including 
146.6   administration of general anesthesia; 
146.7      (2) carrying out therapeutic application and monitoring of 
146.8   mechanical ventilatory support; 
146.9      (3) providing cardiopulmonary resuscitation and maintenance 
146.10  of natural airways and insertion and maintenance of artificial 
146.11  airways; 
146.12     (4) assessing and monitoring signs, symptoms, and general 
146.13  behavior relating to, and general physical response to, 
146.14  respiratory care treatment or evaluation for treatment and 
146.15  diagnostic testing, including determination of whether the 
146.16  signs, symptoms, reactions, behavior, or general response 
146.17  exhibit abnormal characteristics; 
146.18     (5) obtaining physiological specimens and interpreting 
146.19  physiological data including: 
146.20     (i) analyzing arterial and venous blood gases; 
146.21     (ii) assessing respiratory secretions; 
146.22     (iii) measuring ventilatory volumes, pressures, and flows; 
146.23     (iv) testing pulmonary function; 
146.24     (v) testing and studying the cardiopulmonary system; and 
146.25     (vi) diagnostic testing of breathing patterns related to 
146.26  sleep disorders; 
146.27     (6) assisting hemodynamic monitoring and support of the 
146.28  cardiopulmonary system; 
146.29     (7) assessing and making suggestions for modifications in 
146.30  the treatment regimen based on abnormalities, protocols, or 
146.31  changes in patient response to respiratory care treatment; 
146.32     (8) providing cardiopulmonary rehabilitation including 
146.33  respiratory-care related educational components, postural 
146.34  drainage, chest physiotherapy, breathing exercises, aerosolized 
146.35  administration of medications, and equipment use and 
146.36  maintenance; 
147.1      (9) instructing patients and their families in techniques 
147.2   for the prevention, alleviation, and rehabilitation of 
147.3   deficiencies, abnormalities, and diseases of the cardiopulmonary 
147.4   system; and 
147.5      (10) transcribing and implementing physician orders for 
147.6   respiratory care services. 
147.7      (b) Patient service by a practitioner must be limited to: 
147.8      (1) services within the training and experience of the 
147.9   practitioner; and 
147.10     (2) services within the parameters of the laws, rules, and 
147.11  standards of the facilities in which the respiratory care 
147.12  practitioner practices.  
147.13     (c) Respiratory care services provided by a registered 
147.14  respiratory care practitioner, whether delivered in a health 
147.15  care facility or the patient's residence, must not be provided 
147.16  except upon referral from a physician. 
147.17     (d) This section does not prohibit an individual licensed 
147.18  or registered as a respiratory therapist in another state or 
147.19  country from providing respiratory care in an emergency in this 
147.20  state, providing respiratory care as a member of an organ 
147.21  harvesting team, or from providing respiratory care on board an 
147.22  ambulance as part of an ambulance treatment team. 
147.23                             ARTICLE 7
147.24               COMMISSIONER OF HEALTH - AUDIOLOGISTS
147.25     Section 1.  Minnesota Statutes 2004, section 148.512, 
147.26  subdivision 6, is amended to read: 
147.27     Subd. 6.  [AUDIOLOGIST.] "Audiologist" means a natural 
147.28  person who engages in the practice of audiology, meets the 
147.29  qualifications required by sections 148.511 to 148.5196 
147.30  148.5198, and is licensed by the commissioner under a general, 
147.31  clinical fellowship, doctoral externship, or temporary license.  
147.32  Audiologist also means a natural person using any descriptive 
147.33  word with the title audiologist.  
147.34     Sec. 2.  Minnesota Statutes 2004, section 148.512, is 
147.35  amended by adding a subdivision to read: 
147.36     Subd. 10a.  [HEARING AID.] "Hearing aid" means an 
148.1   instrument, or any of its parts, worn in the ear canal and 
148.2   designed to or represented as being able to aid or enhance human 
148.3   hearing.  "Hearing aid" includes the aid's parts, attachments, 
148.4   or accessories, including, but not limited to, ear molds and 
148.5   behind the ear (BTE) devices with or without an ear mold.  
148.6   Batteries and cords are not parts, attachments, or accessories 
148.7   of a hearing aid.  Surgically implanted hearing aids, and 
148.8   assistive listening devices not worn within the ear canal, are 
148.9   not hearing aids. 
148.10     Sec. 3.  Minnesota Statutes 2004, section 148.512, is 
148.11  amended by adding a subdivision to read: 
148.12     Subd. 10b.  [HEARING AID DISPENSING.] "Hearing aid 
148.13  dispensing" means making ear mold impressions, prescribing, or 
148.14  recommending a hearing aid, assisting the consumer in aid 
148.15  selection, selling hearing aids at retail, or testing human 
148.16  hearing in connection with these activities regardless of 
148.17  whether the person conducting these activities has a monetary 
148.18  interest in the sale of hearing aids to the consumer. 
148.19     Sec. 4.  Minnesota Statutes 2004, section 148.515, is 
148.20  amended by adding a subdivision to read: 
148.21     Subd. 6.  [AUDIOLOGIST EXAMINATION REQUIREMENTS.] (a) An 
148.22  audiologist who applies for licensure on or after August 1, 
148.23  2005, must achieve a passing score on the examination described 
148.24  in section 153A.14, subdivision 2h, paragraph (a), clause (2), 
148.25  within the time period described in section 153A.14, subdivision 
148.26  2h, paragraph (b). 
148.27     (b) Paragraph (a) does not apply to an audiologist licensed 
148.28  by reciprocity who was licensed before August 1, 2005, in 
148.29  another jurisdiction. 
148.30     (c) Audiologists are exempt from the written examination 
148.31  requirement in section 153A.14, subdivision 2h, paragraph (a), 
148.32  clause (1). 
148.33     Sec. 5.  Minnesota Statutes 2004, section 148.5194, is 
148.34  amended by adding a subdivision to read: 
148.35     Subd. 7.  [SURCHARGE.] A surcharge of $....... is added to 
148.36  the audiologist licensure fee for the period of ........ 
149.1      Sec. 6.  Minnesota Statutes 2004, section 148.5195, 
149.2   subdivision 3, is amended to read: 
149.3      Subd. 3.  [GROUNDS FOR DISCIPLINARY ACTION BY 
149.4   COMMISSIONER.] The commissioner may take any of the disciplinary 
149.5   actions listed in subdivision 4 on proof that the individual has:
149.6      (1) intentionally submitted false or misleading information 
149.7   to the commissioner or the advisory council; 
149.8      (2) failed, within 30 days, to provide information in 
149.9   response to a written request, via certified mail, by the 
149.10  commissioner or advisory council; 
149.11     (3) performed services of a speech-language pathologist or 
149.12  audiologist in an incompetent or negligent manner; 
149.13     (4) violated sections 148.511 to 148.5196 148.5198; 
149.14     (5) failed to perform services with reasonable judgment, 
149.15  skill, or safety due to the use of alcohol or drugs, or other 
149.16  physical or mental impairment; 
149.17     (6) violated any state or federal law, rule, or regulation, 
149.18  and the violation is a felony or misdemeanor, an essential 
149.19  element of which is dishonesty, or which relates directly or 
149.20  indirectly to the practice of speech-language pathology or 
149.21  audiology.  Conviction for violating any state or federal law 
149.22  which relates to speech-language pathology or audiology is 
149.23  necessarily considered to constitute a violation, except as 
149.24  provided in chapter 364; 
149.25     (7) aided or abetted another person in violating any 
149.26  provision of sections 148.511 to 148.5196 148.5198; 
149.27     (8) been or is being disciplined by another jurisdiction, 
149.28  if any of the grounds for the discipline is the same or 
149.29  substantially equivalent to those under sections 148.511 to 
149.30  148.5196; 
149.31     (9) not cooperated with the commissioner or advisory 
149.32  council in an investigation conducted according to subdivision 
149.33  1; 
149.34     (10) advertised in a manner that is false or misleading; 
149.35     (11) engaged in conduct likely to deceive, defraud, or harm 
149.36  the public; or demonstrated a willful or careless disregard for 
150.1   the health, welfare, or safety of a client; 
150.2      (12) failed to disclose to the consumer any fee splitting 
150.3   or any promise to pay a portion of a fee to any other 
150.4   professional other than a fee for services rendered by the other 
150.5   professional to the client; 
150.6      (13) engaged in abusive or fraudulent billing practices, 
150.7   including violations of federal Medicare and Medicaid laws, Food 
150.8   and Drug Administration regulations, or state medical assistance 
150.9   laws; 
150.10     (14) obtained money, property, or services from a consumer 
150.11  through the use of undue influence, high pressure sales tactics, 
150.12  harassment, duress, deception, or fraud; 
150.13     (15) performed services for a client who had no possibility 
150.14  of benefiting from the services; 
150.15     (16) failed to refer a client for medical evaluation or to 
150.16  other health care professionals when appropriate or when a 
150.17  client indicated symptoms associated with diseases that could be 
150.18  medically or surgically treated; 
150.19     (17) if the individual is a dispenser of hearing 
150.20  instruments as defined by section 153A.13, subdivision 5, had 
150.21  the certification required by chapter 153A, denied, suspended, 
150.22  or revoked according to chapter 153A; 
150.23     (18) used the term doctor of audiology, doctor of 
150.24  speech-language pathology, AuD, or SLPD without having obtained 
150.25  the degree from an institution accredited by the North Central 
150.26  Association of Colleges and Secondary Schools, the Council on 
150.27  Academic Accreditation in Audiology and Speech-Language 
150.28  Pathology, the United States Department of Education, or an 
150.29  equivalent; or 
150.30     (19) (18) failed to comply with the requirements of section 
150.31  148.5192 regarding supervision of speech-language pathology 
150.32  assistants.; 
150.33     (19) prescribed or otherwise recommended to a consumer or 
150.34  potential consumer the use of a hearing aid, unless the 
150.35  prescription from a physician or recommendation from an 
150.36  audiologist is in writing, is based on an audiogram that is 
151.1   delivered to the consumer or potential consumer when the 
151.2   prescription or recommendation is made, and bears the following 
151.3   information in all capital letters of 12-point or larger 
151.4   boldface type:  "THIS PRESCRIPTION OR RECOMMENDATION MAY BE 
151.5   FILLED BY, AND HEARING AIDS MAY BE PURCHASED FROM, THE LICENSED 
151.6   AUDIOLOGIST OR CERTIFIED DISPENSER OF YOUR CHOICE"; 
151.7      (20) failed to give a copy of the audiogram, upon which the 
151.8   prescription or recommendation is based, to the consumer when 
151.9   the consumer requests a copy; 
151.10     (21) failed to provide the consumer rights brochure 
151.11  required by section 148.5197, subdivision 3; 
151.12     (22) failed to comply with restrictions on sales of hearing 
151.13  aids in sections 148.5197, subdivision 3, and 148.5198; 
151.14     (23) failed to return a consumer's hearing aid used as a 
151.15  trade-in or for a discount in the price of a new hearing aid 
151.16  when requested by the consumer upon cancellation of the purchase 
151.17  agreement; 
151.18     (24) failed to follow Food and Drug Administration or 
151.19  Federal Trade Commission regulations relating to dispensing 
151.20  hearing aids; or 
151.21     (25) failed to dispense a hearing aid in a competent manner 
151.22  or without appropriate training. 
151.23     Sec. 7.  [148.5197] [HEARING AID DISPENSING.] 
151.24     Subdivision 1.  [CONTENT OF CONTRACTS.] Oral statements 
151.25  made by an audiologist regarding the provision of warranties, 
151.26  refunds, and service on the hearing aid or aids dispensed must 
151.27  be written on, and become part of, the contract of sale, specify 
151.28  the item or items covered, and indicate the person or business 
151.29  entity obligated to provide the warranty, refund, or service. 
151.30     Subd. 2.  [REQUIRED USE OF LICENSE NUMBER.] The 
151.31  audiologist's license number must appear on all contracts, bills 
151.32  of sale, and receipts used in the sale of hearing aids. 
151.33     Subd. 3.  [CONSUMER RIGHTS INFORMATION.] An audiologist 
151.34  shall, at the time of the recommendation or prescription, give a 
151.35  consumer rights brochure, prepared by the commissioner and 
151.36  containing information about legal requirements pertaining to 
152.1   sales of hearing aids, to each potential buyer of a hearing 
152.2   aid.  The brochure must contain information about the consumer 
152.3   information center described in section 153A.18.  A sales 
152.4   contract for a hearing aid must note the receipt of the brochure 
152.5   by the buyer, along with the buyer's signature or initials. 
152.6      Subd. 4.  [LIABILITY FOR CONTRACTS.] Owners of entities in 
152.7   the business of dispensing hearing aids, employers of 
152.8   audiologists or persons who dispense hearing aids, supervisors 
152.9   of trainees or audiology students, and hearing aid dispensers 
152.10  conducting the sales transaction at issue are liable for 
152.11  satisfying all terms of contracts, written or oral, made by 
152.12  their agents, employees, assignees, affiliates, or trainees, 
152.13  including terms relating to products, repairs, warranties, 
152.14  service, and refunds.  The commissioner may enforce the terms of 
152.15  hearing aid sales contracts against the principal, employer, 
152.16  supervisor, or dispenser who conducted the sale and may impose 
152.17  any remedy provided for in this chapter. 
152.18     Sec. 8.  [148.5198] [RESTRICTION ON SALE OF HEARING AIDS.] 
152.19     Subdivision 1.  [45-CALENDAR-DAY GUARANTEE AND BUYER RIGHT 
152.20  TO CANCEL.] (a) An audiologist dispensing a hearing aid in this 
152.21  state must comply with paragraphs (b) and (c). 
152.22     (b) The audiologist must provide the buyer with a 
152.23  45-calendar-day written money-back guarantee.  The guarantee 
152.24  must permit the buyer to cancel the purchase for any reason 
152.25  within 45 calendar days after receiving the hearing aid by 
152.26  giving or mailing written notice of cancellation to the 
152.27  audiologist.  If the consumer mails the notice of cancellation, 
152.28  the 45-calendar-day period is counted using the postmark date, 
152.29  to the date of receipt by the audiologist.  If the hearing aid 
152.30  must be repaired, remade, or adjusted during the 45-calendar-day 
152.31  money-back guarantee period, the running of the 45-calendar-day 
152.32  period is suspended one day for each 24-hour period that the 
152.33  hearing aid is not in the buyer's possession.  A repaired, 
152.34  remade, or adjusted hearing aid must be claimed by the buyer 
152.35  within three business days after notification of availability, 
152.36  after which time the running of the 45-calendar-day period 
153.1   resumes.  The guarantee must entitle the buyer, upon 
153.2   cancellation, to receive a refund of payment within 30 days of 
153.3   return of the hearing aid to the audiologist.  The audiologist 
153.4   may retain as a cancellation fee no more than $250 of the 
153.5   buyer's total purchase price of the hearing aid.  
153.6      (c) The audiologist shall provide the buyer with a contract 
153.7   written in plain English, that contains uniform language and 
153.8   provisions that meet the requirements under the Plain Language 
153.9   Contract Act, sections 325G.29 to 325G.36.  The contract must 
153.10  include, but is not limited to, the following:  in immediate 
153.11  proximity to the space reserved for the signature of the buyer, 
153.12  or on the first page if there is no space reserved for the 
153.13  signature of the buyer, a clear and conspicuous disclosure of 
153.14  the following specific statement in all capital letters of no 
153.15  less than 12-point boldface type:  "MINNESOTA STATE LAW GIVES 
153.16  THE BUYER THE RIGHT TO CANCEL THIS PURCHASE FOR ANY REASON AT 
153.17  ANY TIME PRIOR TO MIDNIGHT OF THE 45TH CALENDAR DAY AFTER 
153.18  RECEIPT OF THE HEARING AID(S).  THIS CANCELLATION MUST BE IN 
153.19  WRITING AND MUST BE GIVEN OR MAILED TO THE AUDIOLOGIST.  IF THE 
153.20  BUYER DECIDES TO RETURN THE HEARING AID(S) WITHIN THIS 
153.21  45-CALENDAR-DAY PERIOD, THE BUYER WILL RECEIVE A REFUND OF THE 
153.22  TOTAL PURCHASE PRICE OF THE AID(S) FROM WHICH THE AUDIOLOGIST 
153.23  MAY RETAIN AS A CANCELLATION FEE NO MORE THAN $250." 
153.24     Subd. 2.  [ITEMIZED REPAIR BILL.] Any audiologist or 
153.25  company who agrees to repair a hearing aid must provide the 
153.26  owner of the hearing aid, or the owner's representative, with a 
153.27  bill that describes the repair and services rendered.  The bill 
153.28  must also include the repairing audiologist's or company's name, 
153.29  address, and telephone number. 
153.30     This subdivision does not apply to an audiologist or 
153.31  company that repairs a hearing aid pursuant to an express 
153.32  warranty covering the entire hearing aid and the warranty covers 
153.33  the entire cost, both parts and labor, of the repair. 
153.34     Subd. 3.  [REPAIR WARRANTY.] Any guarantee of hearing aid 
153.35  repairs must be in writing and delivered to the owner of the 
153.36  hearing aid, or the owner's representative, stating the 
154.1   repairing audiologist's or company's name, address, telephone 
154.2   number, length of guarantee, model, and serial number of the 
154.3   hearing aid and all other terms and conditions of the guarantee. 
154.4      Subd. 4.  [MISDEMEANOR.] A person found to have violated 
154.5   this section is guilty of a misdemeanor.  
154.6      Subd. 5.  [ADDITIONAL.] In addition to the penalty provided 
154.7   in subdivision 4, a person found to have violated this section 
154.8   is subject to the penalties and remedies provided in section 
154.9   325F.69, subdivision 1.  
154.10     Subd. 6.  [ESTIMATES.] Upon the request of the owner of a 
154.11  hearing aid or the owner's representative for a written estimate 
154.12  and prior to the commencement of repairs, a repairing 
154.13  audiologist or company shall provide the customer with a written 
154.14  estimate of the price of repairs.  If a repairing audiologist or 
154.15  company provides a written estimate of the price of repairs, it 
154.16  must not charge more than the total price stated in the estimate 
154.17  for the repairs.  If the repairing audiologist or company after 
154.18  commencing repairs determines that additional work is necessary 
154.19  to accomplish repairs that are the subject of a written estimate 
154.20  and if the repairing audiologist or company did not unreasonably 
154.21  fail to disclose the possible need for the additional work when 
154.22  the estimate was made, the repairing audiologist or company may 
154.23  charge more than the estimate for the repairs if the repairing 
154.24  audiologist or company immediately provides the owner or owner's 
154.25  representative a revised written estimate pursuant to this 
154.26  section and receives authorization to continue with the 
154.27  repairs.  If continuation of the repairs is not authorized, the 
154.28  repairing audiologist or company shall return the hearing aid as 
154.29  close as possible to its former condition and shall release the 
154.30  hearing aid to the owner or owner's representative upon payment 
154.31  of charges for repairs actually performed and not in excess of 
154.32  the original estimate. 
154.33     Sec. 9.  Minnesota Statutes 2004, section 153A.13, 
154.34  subdivision 5, is amended to read: 
154.35     Subd. 5.  [DISPENSER OF HEARING INSTRUMENTS.] "Dispenser of 
154.36  hearing instruments" means a natural person who engages in 
155.1   hearing instrument dispensing whether or not certified by the 
155.2   commissioner of health or licensed by an existing health-related 
155.3   board, except that a person described as follows is not a 
155.4   dispenser of hearing instruments:  
155.5      (1) a student participating in supervised field work that 
155.6   is necessary to meet requirements of an accredited educational 
155.7   program if the student is designated by a title which clearly 
155.8   indicates the student's status as a student trainee; or 
155.9      (2) a person who helps a dispenser of hearing instruments 
155.10  in an administrative or clerical manner and does not engage in 
155.11  hearing instrument dispensing.  
155.12     A person who offers to dispense a hearing instrument, or a 
155.13  person who advertises, holds out to the public, or otherwise 
155.14  represents that the person is authorized to dispense hearing 
155.15  instruments must be certified by the commissioner except when 
155.16  the person is an audiologist as defined in section 148.512. 
155.17     Sec. 10.  Minnesota Statutes 2004, section 153A.14, 
155.18  subdivision 2i, is amended to read: 
155.19     Subd. 2i.  [CONTINUING EDUCATION REQUIREMENT.] On forms 
155.20  provided by the commissioner, each certified dispenser must 
155.21  submit with the application for renewal of certification 
155.22  evidence of completion of ten course hours of continuing 
155.23  education earned within the 12-month period of July 1 to June 30 
155.24  immediately preceding renewal.  Continuing education courses 
155.25  must be directly related to hearing instrument dispensing and 
155.26  approved by the International Hearing Society or qualify for 
155.27  continuing education approved for Minnesota licensed 
155.28  audiologists.  Evidence of completion of the ten course hours of 
155.29  continuing education must be submitted with renewal applications 
155.30  by October 1 of each year.  This requirement does not apply to 
155.31  dispensers certified for less than one year.  The first report 
155.32  of evidence of completion of the continuing education credits 
155.33  shall be due October 1, 1997.  
155.34     Sec. 11.  Minnesota Statutes 2004, section 153A.14, 
155.35  subdivision 4, is amended to read: 
155.36     Subd. 4.  [DISPENSING OF HEARING INSTRUMENTS WITHOUT 
156.1   CERTIFICATE.] Except as provided in subdivisions 2a, 4a, and 4c, 
156.2   it is unlawful for any person not holding a valid certificate to 
156.3   dispense a hearing instrument as defined in section 153A.13, 
156.4   subdivision 3.  A person who dispenses a hearing instrument 
156.5   without the certificate required by this section is guilty of a 
156.6   gross misdemeanor.  
156.7      Sec. 12.  Minnesota Statutes 2004, section 153A.14, 
156.8   subdivision 4c, is amended to read: 
156.9      Subd. 4c.  [RECIPROCITY.] (a) A person applying for 
156.10  certification as a hearing instrument dispenser under 
156.11  subdivision 1 who has dispensed hearing instruments in another 
156.12  jurisdiction may dispense hearing instruments as a trainee under 
156.13  indirect supervision if the person: 
156.14     (1) satisfies the provisions of subdivision 4a, paragraph 
156.15  (a); 
156.16     (2) submits a signed and dated affidavit stating that the 
156.17  applicant is not the subject of a disciplinary action or past 
156.18  disciplinary action in this or another jurisdiction and is not 
156.19  disqualified on the basis of section 153A.15, subdivision 1; and 
156.20     (3) provides a copy of a current credential as a hearing 
156.21  instrument dispenser, an audiologist, or both, held in the 
156.22  District of Columbia or a state or territory of the United 
156.23  States. 
156.24     (b) A person becoming a trainee under this subdivision who 
156.25  fails to take and pass the practical examination described in 
156.26  subdivision 2h, paragraph (a), clause (2), when next offered 
156.27  must cease dispensing hearing instruments unless under direct 
156.28  supervision. 
156.29     Sec. 13.  Minnesota Statutes 2004, section 153A.15, 
156.30  subdivision 1, is amended to read: 
156.31     Subdivision 1.  [PROHIBITED ACTS.] The commissioner may 
156.32  take enforcement action as provided under subdivision 2 against 
156.33  a dispenser of hearing instruments for the following acts and 
156.34  conduct: 
156.35     (1) prescribing or otherwise recommending to a consumer or 
156.36  potential consumer the use of a hearing instrument, unless the 
157.1   prescription from a physician or recommendation from a hearing 
157.2   instrument dispenser or audiologist is in writing, is based on 
157.3   an audiogram that is delivered to the consumer or potential 
157.4   consumer when the prescription or recommendation is made, and 
157.5   bears the following information in all capital letters of 
157.6   12-point or larger boldface type:  "THIS PRESCRIPTION OR 
157.7   RECOMMENDATION MAY BE FILLED BY, AND HEARING INSTRUMENTS MAY BE 
157.8   PURCHASED FROM, THE CERTIFIED DISPENSER OR LICENSED AUDIOLOGIST 
157.9   OF YOUR CHOICE"; 
157.10     (2) failing to give a copy of the audiogram, upon which the 
157.11  prescription or recommendation is based, to the consumer when 
157.12  there has been a charge for the audiogram and the consumer 
157.13  requests a copy; 
157.14     (3) dispensing a hearing instrument to a minor person 18 
157.15  years or younger unless evaluated by an audiologist for hearing 
157.16  evaluation and hearing aid evaluation; 
157.17     (4) failing to provide the consumer rights brochure 
157.18  required by section 153A.14, subdivision 9; 
157.19     (5) being disciplined through a revocation, suspension, 
157.20  restriction, or limitation by another state for conduct subject 
157.21  to action under this chapter; 
157.22     (6) presenting advertising that is false or misleading; 
157.23     (7) providing the commissioner with false or misleading 
157.24  statements of credentials, training, or experience; 
157.25     (8) engaging in conduct likely to deceive, defraud, or harm 
157.26  the public; or demonstrating a willful or careless disregard for 
157.27  the health, welfare, or safety of a consumer; 
157.28     (9) splitting fees or promising to pay a portion of a fee 
157.29  to any other professional other than a fee for services rendered 
157.30  by the other professional to the client; 
157.31     (10) engaging in abusive or fraudulent billing practices, 
157.32  including violations of federal Medicare and Medicaid laws, Food 
157.33  and Drug Administration regulations, or state medical assistance 
157.34  laws; 
157.35     (11) obtaining money, property, or services from a consumer 
157.36  through the use of undue influence, high pressure sales tactics, 
158.1   harassment, duress, deception, or fraud; 
158.2      (12) failing to comply with restrictions on sales of 
158.3   hearing aids in sections 153A.14, subdivision 9, and 153A.19; 
158.4      (13) performing the services of a certified hearing 
158.5   instrument dispenser in an incompetent or negligent manner; 
158.6      (14) failing to comply with the requirements of this 
158.7   chapter as an employer, supervisor, or trainee; 
158.8      (15) failing to provide information in a timely manner in 
158.9   response to a request by the commissioner, commissioner's 
158.10  designee, or the advisory council; 
158.11     (16) being convicted within the past five years of 
158.12  violating any laws of the United States, or any state or 
158.13  territory of the United States, and the violation is a felony, 
158.14  gross misdemeanor, or misdemeanor, an essential element of which 
158.15  relates to hearing instrument dispensing, except as provided in 
158.16  chapter 364; 
158.17     (17) failing to cooperate with the commissioner, the 
158.18  commissioner's designee, or the advisory council in any 
158.19  investigation; 
158.20     (18) failing to perform hearing instrument dispensing with 
158.21  reasonable judgment, skill, or safety due to the use of alcohol 
158.22  or drugs, or other physical or mental impairment; 
158.23     (19) failing to fully disclose actions taken against the 
158.24  applicant or the applicant's legal authorization to dispense 
158.25  hearing instruments in this or another state; 
158.26     (20) violating a state or federal court order or judgment, 
158.27  including a conciliation court judgment, relating to the 
158.28  activities of the applicant in hearing instrument dispensing; 
158.29     (21) having been or being disciplined by the commissioner 
158.30  of the Department of Health, or other authority, in this or 
158.31  another jurisdiction, if any of the grounds for the discipline 
158.32  are the same or substantially equivalent to those in sections 
158.33  153A.13 to 153A.19; 
158.34     (22) misrepresenting the purpose of hearing tests, or in 
158.35  any way communicating that the hearing test or hearing test 
158.36  protocol required by section 153A.14, subdivision 4b, is a 
159.1   medical evaluation, a diagnostic hearing evaluation conducted by 
159.2   an audiologist, or is other than a test to select a hearing 
159.3   instrument, except that the hearing instrument dispenser can 
159.4   determine the need for or recommend the consumer obtain a 
159.5   medical evaluation consistent with requirements of the United 
159.6   States Food and Drug Administration; 
159.7      (23) violating any of the provisions of sections 153A.13 to 
159.8   153A.19; and 
159.9      (24) aiding or abetting another person in violating any of 
159.10  the provisions of sections 153A.13 to 153A.19. 
159.11     Sec. 14.  Minnesota Statutes 2004, section 153A.20, 
159.12  subdivision 1, is amended to read: 
159.13     Subdivision 1.  [MEMBERSHIP.] The commissioner shall 
159.14  appoint nine persons to a Hearing Instrument Dispenser Advisory 
159.15  Council. 
159.16     (a) The nine persons must include: 
159.17     (1) three public members, as defined in section 214.02.  At 
159.18  least one of the public members shall be a hearing instrument 
159.19  user and one of the public members shall be either a hearing 
159.20  instrument user or an advocate of one; and 
159.21     (2) three hearing instrument dispensers certified under 
159.22  sections 153A.14 to 153A.20, each of whom is currently, and has 
159.23  been for the five years immediately preceding their appointment, 
159.24  engaged in hearing instrument dispensing in Minnesota and who 
159.25  represent the occupation of hearing instrument dispensing and 
159.26  who are not audiologists; and 
159.27     (3) three audiologists who are certified hearing instrument 
159.28  dispensers or are licensed as audiologists under chapter 148. 
159.29     (b) The factors the commissioner may consider when 
159.30  appointing advisory council members include, but are not limited 
159.31  to, professional affiliation, geographical location, and type of 
159.32  practice. 
159.33     (c) No two members of the advisory council shall be 
159.34  employees of, or have binding contracts requiring sales 
159.35  exclusively for, the same hearing instrument manufacturer or the 
159.36  same employer. 
160.1      Sec. 15.  [REVISOR'S INSTRUCTION.] 
160.2      The revisor of statutes shall change references from 
160.3   "sections 148.511 to 148.5196" to "sections 148.511 to 148.5198" 
160.4   wherever they appear in Minnesota Statutes and Minnesota Rules. 
160.5      Sec. 16.  [REPEALER.] 
160.6      Minnesota Statutes 2004, section 153A.14, subdivision 2a, 
160.7   is repealed. 
160.8      Sec. 17.  [EFFECTIVE DATE.] 
160.9      Sections 1 to 14 and 16 are effective August 1, 2005. 
160.10                             ARTICLE 8
160.11            OFFICE OF MENTAL HEALTH PRACTICES COMMITTEE
160.12     Section 1.  Minnesota Statutes 2004, section 148B.60, is 
160.13  amended to read: 
160.14     148B.60 [DEFINITIONS.] 
160.15     Subdivision 1.  [TERMS.] As used in sections 148B.60 to 
160.16  148B.71, the following terms have the meanings given them in 
160.17  this section. 
160.18     Subd. 2.  [OFFICE OF MENTAL HEALTH PRACTICE OR OFFICE.] 
160.19  "Office of Mental Health Practice" or "office" means the Office 
160.20  of Mental Health Practice established authorized in section 
160.21  148B.61. 
160.22     Subd. 3.  [UNLICENSED MENTAL HEALTH PRACTITIONER OR 
160.23  PRACTITIONER.] "Unlicensed mental health practitioner" or 
160.24  "practitioner" means a person who provides or purports to 
160.25  provide, for remuneration, mental health services as defined in 
160.26  subdivision 4.  It does not include persons licensed by the 
160.27  Board of Medical Practice under chapter 147 or registered by the 
160.28  Board of Medical Practice under chapter 147A; the Board of 
160.29  Nursing under sections 148.171 to 148.285; the Board of 
160.30  Psychology under sections 148.88 to 148.98; the Board of Social 
160.31  Work under sections 148B.18 to 148B.289; the Board of Marriage 
160.32  and Family Therapy under sections 148B.29 to 148B.39; the Board 
160.33  of Behavioral Health and Therapy under sections 148B.50 to 
160.34  148B.593 and chapter 148C; or another licensing board if the 
160.35  person is practicing within the scope of the license; members of 
160.36  the clergy who are providing pastoral services in the context of 
161.1   performing and fulfilling the salaried duties and obligations 
161.2   required of a member of the clergy by a religious congregation; 
161.3   American Indian medicine men and women; licensed attorneys; 
161.4   probation officers; licensed school counselors employed by a 
161.5   school district while acting within the scope of employment as 
161.6   school counselors; registered licensed occupational therapists; 
161.7   or licensed occupational therapy assistants.  For the purposes 
161.8   of complaint investigation or disciplinary action relating to an 
161.9   individual practitioner, the term includes: 
161.10     (1) persons employed by a program licensed by the 
161.11  commissioner of human services who are acting as mental health 
161.12  practitioners within the scope of their employment; 
161.13     (2) persons employed by a program licensed by the 
161.14  commissioner of human services who are providing chemical 
161.15  dependency counseling services; persons who are providing 
161.16  chemical dependency counseling services in private practice; and 
161.17     (3) clergy who are providing mental health services that 
161.18  are equivalent to those defined in subdivision 4. 
161.19     Subd. 4.  [MENTAL HEALTH SERVICES.] "Mental health 
161.20  services" means psychotherapy, behavioral health care, spiritual 
161.21  counseling, hypnosis when not for entertainment, and the 
161.22  professional assessment, treatment, or counseling of another 
161.23  person for a cognitive, behavioral, emotional, social, or mental 
161.24  condition, symptom, or dysfunction, including intrapersonal or 
161.25  interpersonal dysfunctions.  The term does not include pastoral 
161.26  services provided by members of the clergy to members of a 
161.27  religious congregation in the context of performing and 
161.28  fulfilling the salaried duties and obligations required of a 
161.29  member of the clergy by that religious congregation. 
161.30     Subd. 5.  [MENTAL HEALTH CLIENT OR CLIENT.] "Mental health 
161.31  client" or "client" means a person who receives or pays for the 
161.32  services of a mental health practitioner.  
161.33     Subd. 5a.  [MENTAL-HEALTH-RELATED LICENSING 
161.34  BOARDS.] "Mental-health-related licensing boards" means the 
161.35  Boards of Medical Practice, Nursing, Psychology, Social Work, 
161.36  Marriage and Family Therapy, and Behavioral Health and Therapy. 
162.1      Subd. 7.  [COMMISSIONER.] "Commissioner" means the 
162.2   commissioner of health or the commissioner's designee. 
162.3      Subd. 7a.  [COMMITTEE.] "Committee" means the Office of 
162.4   Mental Health Practices Committee, consisting of one person 
162.5   appointed by each of the following licensing boards:  the Board 
162.6   of Medical Practice; the Board of Nursing; the Board of 
162.7   Psychology; the Board of Social Work; the Board of Marriage and 
162.8   Family Therapy; and the Board of Behavioral Health and Therapy. 
162.9      Subd. 8.  [DISCIPLINARY ACTION.] "Disciplinary action" 
162.10  means an adverse action taken by the commissioner against an 
162.11  unlicensed mental health practitioner relating to the person's 
162.12  right to provide mental health services. 
162.13     Sec. 2.  Minnesota Statutes 2004, section 148B.61, is 
162.14  amended to read: 
162.15     148B.61 [OFFICE OF MENTAL HEALTH PRACTICE.] 
162.16     Subdivision 1.  [CREATION AUTHORITY.] (a) The Office of 
162.17  Mental Health Practice is created in the Department of Health 
162.18  transferred to the mental-health-related licensing boards and 
162.19  authorized to investigate complaints and take and enforce 
162.20  disciplinary actions against all unlicensed mental health 
162.21  practitioners for violations of prohibited conduct, as defined 
162.22  in section 148B.68.  
162.23     (b) The office shall publish a complaint telephone number, 
162.24  provide an informational Web site, and also serve as a referral 
162.25  point and clearinghouse on complaints against mental health 
162.26  services and both licensed and unlicensed mental health 
162.27  professionals, through the dissemination of practitioners.  The 
162.28  office shall disseminate objective information to consumers and 
162.29  through the development and performance of public education 
162.30  activities, including outreach, regarding the provision of 
162.31  mental health services and both licensed and unlicensed mental 
162.32  health professionals who provide these services. 
162.33     Subd. 2.  [RULEMAKING.] The commissioner of health shall 
162.34  adopt rules necessary to implement, administer, or enforce 
162.35  provisions of sections 148B.60 to 148B.71 pursuant to chapter 
162.36  14.  The commissioner may not adopt rules that restrict or 
163.1   prohibit persons from providing mental health services on the 
163.2   basis of education, training, experience, or supervision.  
163.3      Subd. 4.  [MANAGEMENT, REPORT, AND SUNSET OF THE 
163.4   OFFICE.] (a) The committee shall: 
163.5      (1) designate one board to provide administrative 
163.6   management of the program; 
163.7      (2) set the program budget; and 
163.8      (3) ensure that the program's direction is in accord with 
163.9   its authority. 
163.10     (b) If the participating boards change which board is 
163.11  designated to provide administrative management of the program, 
163.12  any appropriation remaining for the program shall transfer to 
163.13  the newly designated board on the effective date of the change.  
163.14  The participating boards must inform the appropriate legislative 
163.15  committees and the commissioner of finance of any change in the 
163.16  designated board and the amount of any appropriation transferred 
163.17  under this provision. 
163.18     (c) The designated board shall hire the office employees 
163.19  and pay expenses of the program from funds appropriated for that 
163.20  purpose. 
163.21     (d) After July 1, 2008, the committee shall prepare and 
163.22  submit a report to the legislature by January 15, 2009, 
163.23  evaluating the activity of the office and making recommendations 
163.24  concerning the regulation of unlicensed mental health 
163.25  practitioners.  In the absence of legislative action to continue 
163.26  the office, the committee and the office expire on June 30, 2009.
163.27     Sec. 3.  Laws 2003, chapter 118, section 29, as amended by 
163.28  Laws 2004, chapter 279, article 5, section 10, is amended to 
163.29  read: 
163.30     Sec. 29.  [REPEALER.] 
163.31     (a) Minnesota Statutes 2002, sections 148B.60; 148B.61; 
163.32  148B.63; 148B.64; 148B.65; 148B.66; 148B.67; 148B.68; 148B.69; 
163.33  148B.70; and 148B.71, are repealed.  
163.34     <b>[EFFECTIVE DATE.]</b> This paragraph is effective July 1, 
163.35  2005 2009.  
163.36     (b) Minnesota Statutes 2002, section 148C.01, subdivision 
164.1   6, is repealed. 
164.2      <b>[EFFECTIVE DATE.]</b> This paragraph is effective July 1, 2005. 
164.3      Sec. 4.  [APPROPRIATION.] 
164.4      $....... is appropriated from the state government special 
164.5   revenue fund to the mental-health-related licensing boards as 
164.6   nonrecovery funds. 
164.7      Sec. 5.  [REVISOR INSTRUCTION.] 
164.8      The revisor of statutes shall insert "committee" or 
164.9   "committee's" wherever "commissioner of health" or 
164.10  "commissioner's" appears in Minnesota Statutes, sections 148B.60 
164.11  to 148B.71. 
164.12     Sec. 6.  [EFFECTIVE DATE.] 
164.13     This act is effective July 1, 2005. 
164.14                             ARTICLE 9
164.15                           MISCELLANEOUS
164.16     Section 1.  Minnesota Statutes 2004, section 148.5194, is 
164.17  amended by adding a subdivision to read: 
164.18     Subd. 7.  [PENALTY FEES.] (a) The penalty fee for 
164.19  practicing speech language pathology or audiology without a 
164.20  current license after the credential has expired and before it 
164.21  is renewed is the amount of the license renewal fee for any part 
164.22  of the first month, plus the license renewal fee for any part of 
164.23  any subsequent month up to 36 months. 
164.24     (b) The penalty fee for applicants who engage in the 
164.25  unauthorized practice of speech language pathology or audiology 
164.26  before being issued a license is the amount of the license 
164.27  application fee for any part of the first month, plus the 
164.28  license application fee for any part of any subsequent month up 
164.29  to 36 months.  This paragraph does not apply to applicants not 
164.30  qualifying for a license who engage in the unauthorized practice 
164.31  of speech language pathology or audiology. 
164.32     (c) The penalty fee for failing to submit a continuing 
164.33  education report by the due date with the correct number or type 
164.34  of hours in the correct time period is $100 plus $20 for each 
164.35  missing clock hour.  The licensee must obtain the missing number 
164.36  of continuing education hours by the next reporting due date. 
165.1      (d) Civil penalties and discipline incurred by licensees 
165.2   prior to August 1, 2005, for conduct described in paragraph (a), 
165.3   (b), or (c) shall be recorded as nondisciplinary penalty fees.  
165.4   For conduct described in paragraph (a) or (b) occurring after 
165.5   August 1, 2005, and exceeding six months, payment of a penalty 
165.6   fee does not preclude any disciplinary action reasonably 
165.7   justified by the individual case. 
165.8      Sec. 2.  Minnesota Statutes 2004, section 148.6445, is 
165.9   amended by adding a subdivision to read: 
165.10     Subd. 11.  [PENALTY FEES.] (a) The penalty fee for 
165.11  practicing occupational therapy without a current license after 
165.12  the credential has expired and before it is renewed is the 
165.13  amount of the license renewal fee for any part of the first 
165.14  month, plus the license renewal fee for any part of any 
165.15  subsequent month up to 36 months. 
165.16     (b) The penalty fee for applicants who engage in the 
165.17  unauthorized practice of occupational therapy before being 
165.18  issued a license is the amount of the license application fee 
165.19  for any part of the first month, plus the license application 
165.20  fee for any part of any subsequent month up to 36 months.  This 
165.21  paragraph does not apply to applicants not qualifying for a 
165.22  license who engage in the unauthorized practice of occupational 
165.23  therapy. 
165.24     (c) The penalty fee for failing to submit a continuing 
165.25  education report by the due date with the correct number or type 
165.26  of hours in the correct time period is $100 plus $20 for each 
165.27  missing clock hour.  The licensee must obtain the missing number 
165.28  of continuing education hours by the next reporting due date. 
165.29     (d) Civil penalties and discipline incurred by licensees 
165.30  prior to August 1, 2005, for conduct described in paragraph (a), 
165.31  (b), or (c) shall be recorded as nondisciplinary penalty fees.  
165.32  For conduct described in paragraph (a) or (b) occurring after 
165.33  August 1, 2005, and exceeding six months, payment of a penalty 
165.34  fee does not preclude any disciplinary action reasonably 
165.35  justified by the individual case. 
165.36     Sec. 3.  Minnesota Statutes 2004, section 148C.12, is 
166.1   amended by adding a subdivision to read: 
166.2      Subd. 11.  [PENALTY FEES.] (a) The penalty fee for 
166.3   practicing alcohol and drug counseling without a current license 
166.4   after the credential has expired and before it is renewed is the 
166.5   amount of the license renewal fee for any part of the first 
166.6   month, plus the license renewal fee for any part of any 
166.7   subsequent month up to 36 months. 
166.8      (b) The penalty fee for applicants who engage in the 
166.9   unauthorized practice of alcohol and drug counseling before 
166.10  being issued a license is the amount of the license application 
166.11  fee for any part of the first month, plus the license 
166.12  application fee for any part of any subsequent month up to 36 
166.13  months.  This paragraph does not apply to applicants not 
166.14  qualifying for a license who engage in the unauthorized practice 
166.15  of alcohol and drug counseling. 
166.16     (c) The penalty fee for failing to submit a continuing 
166.17  education report by the due date with the correct number or type 
166.18  of hours in the correct time period is $100 plus $20 for each 
166.19  missing clock hour.  The licensee must obtain the correct number 
166.20  of continuing education hours by the next reporting due date. 
166.21     (d) Civil penalties and discipline incurred by licensees 
166.22  prior to August 1, 2005, for conduct described in paragraph (a), 
166.23  (b), or (c) shall be recorded as nondisciplinary penalty fees.  
166.24  For conduct described in paragraph (a) or (b) occurring after 
166.25  August 1, 2005, and exceeding 12 months, payment of a penalty 
166.26  fee does not preclude any disciplinary action reasonably 
166.27  justified by the individual case. 
166.28     Sec. 4.  [153A.175] [PENALTY FEES.] 
166.29     (a) The penalty fee for holding oneself out as a hearing 
166.30  instrument dispenser without a current certificate after the 
166.31  credential has expired and before it is renewed is one-half the 
166.32  amount of the certificate renewal fee for any part of the first 
166.33  day, plus one-half the certificate renewal fee for any part of 
166.34  any subsequent days up to 30 days. 
166.35     (b) The penalty fee for applicants who hold themselves out 
166.36  as hearing instrument dispensers after expiration of the trainee 
167.1   period and before being issued a certificate is one-half the 
167.2   amount of the certificate application fee for any part of the 
167.3   first day, plus one-half the certificate application fee for any 
167.4   part of any subsequent days up to 30 days.  This paragraph does 
167.5   not apply to applicants not qualifying for a certificate who 
167.6   hold themselves out as hearing instrument dispensers. 
167.7      (c) The penalty fee for failing to submit a continuing 
167.8   education report by the due date with the correct number or type 
167.9   of hours in the correct time period is $200 plus $200 for each 
167.10  missing clock hour.  The certificate holder must obtain the 
167.11  missing number of continuing education hours by the next 
167.12  reporting due date. 
167.13     (d) Civil penalties and discipline incurred by certificate 
167.14  holders prior to August 1, 2005, for conduct described in 
167.15  paragraph (a), (b), or (c) shall be recorded as nondisciplinary 
167.16  penalty fees.  Payment of a penalty fee does not preclude any 
167.17  disciplinary action reasonably justified by the individual case.