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 	144E.001, subdivisions 8, 15, by adding a subdivision;
1.24 	144E.27, subdivision 2; 144E.28, subdivisions 1, 3, 7,
1.25 	8; 147.09; 147A.18, subdivisions 1, 3; 147C.05;
1.26 	148.512, subdivision 6, by adding subdivisions;
1.27 	148.513, by adding a subdivision; 148.515, by adding a
1.28 	subdivision; 148.5194, by adding subdivisions;
1.29 	148.5195, subdivision 3; 148.5196, subdivision 1;
1.30 	148.6445, by adding a subdivision; 148.65, by adding
1.31 	subdivisions; 148.706; 148.75; 148.89, subdivision 5;
1.32 	148.90, subdivision 1; 148.907, by adding a
1.33 	subdivision; 148.908, subdivision 2, by adding a
1.34 	subdivision; 148.909; 148.916, subdivision 2; 148.925,
1.35 	subdivision 6; 148.941, subdivision 2; 148.96,
1.36 	subdivision 3; 148B.53, subdivisions 1, 3; 148B.54,
1.37 	subdivision 2; 148B.59; 148B.60; 148B.61; 148C.03,
1.38 	subdivision 1; 148C.04, subdivisions 3, 4, 6;
1.39 	148C.091, subdivision 1; 148C.10, subdivision 2;
1.40 	148C.11, subdivisions 1, 4, 5, 6; 148C.12, subdivision
1.41 	3, by adding a subdivision; 150A.01, subdivision 6a;
1.42 	150A.06, subdivision 1a; 150A.10, subdivision 1a;
1.43 	153A.13, subdivision 5; 153A.14, subdivisions 2h, 2i,
1.44 	4, 4c, 9; 153A.15, subdivision 1; 153A.20, subdivision
1.45 	1; 214.01, subdivision 2; 214.06, subdivision 1, by
1.46 	adding a subdivision; 214.103, subdivision 1; 245.462,
2.1 	subdivision 18; 245.4871, subdivision 27; 256B.0625,
2.2 	subdivision 38; 256J.08, subdivision 73a; 319B.02,
2.3 	subdivision 19; 319B.40; Laws 2003, chapter 118,
2.4 	section 29, as amended; proposing coding for new law
2.5 	in Minnesota Statutes, chapters 144E; 148; 148B; 148C;
2.6 	150A; 153A; proposing coding for new law as Minnesota
2.7 	Statutes, chapter 148D; repealing Minnesota Statutes
2.8 	2004, sections 148B.18; 148B.185; 148B.19; 148B.20;
2.9 	148B.21; 148B.215; 148B.22; 148B.224; 148B.225;
2.10 	148B.226; 148B.24; 148B.25; 148B.26; 148B.27; 148B.28;
2.11 	148B.281; 148B.282; 148B.283; 148B.284; 148B.285;
2.12 	148B.286; 148B.287; 148B.288; 148B.289; 148C.02;
2.13 	148C.12, subdivision 4; 153A.14, subdivisions 2a, 8,
2.14 	10; 153A.19; Minnesota Rules, parts 4747.0030,
2.15 	subparts 11, 16; 4747.1200; 4747.1300; 5601.0100,
2.16 	subparts 3, 4; 8740.0100; 8740.0110; 8740.0120;
2.17 	8740.0122; 8740.0130; 8740.0155; 8740.0185; 8740.0187;
2.18 	8740.0200; 8740.0240; 8740.0260; 8740.0285; 8740.0300;
2.19 	8740.0310; 8740.0315; 8740.0320; 8740.0325; 8740.0330;
2.20 	8740.0335; 8740.0340; 8740.0345.
2.21 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.22 	ARTICLE 1
2.23 	BOARD OF SOCIAL WORK

2.24 	Section 1. Minnesota Statutes 2004, section 13.383,
2.25 	subdivision 10, is amended to read:
2.26 		Subd. 10.Social workers.  (a)  [DISCIPLINARY DATA
2.27 	GENERALLY.] Data held by the Board of Social Work in connection
2.28 	with disciplinary matters are classified under
2.29 	sections 148B.281, subdivisions 2 and 5, and 148B.285148D.255
2.30 	to 148D.270.
2.31 	(b)  [REPORTS OF VIOLATIONS.] Certain reports of violations
2.32 	submitted to the Board of Social Work are classified
2.33 	under section 148B.284sections 148D.240 to 148D.250.
2.34 	(c)  [CLIENT RECORDS.] Client records of a patient cared
2.35 	for by a social worker who is under review by the Board of
2.36 	Social Work are classified under sections 148B.282 and 148B.286,
2.37 	subdivision 3 section 148D.230.

2.38 	Sec. 2. Minnesota Statutes 2004, section 13.411,
2.39 	subdivision 5, is amended to read:
2.40 		Subd. 5.Social workers.  Residence addresses and
2.41 	telephone numbers of social worker licensees are classified
2.42 	under section 148B.285, subdivision 5chapter 148D.

2.43 	Sec. 3. Minnesota Statutes 2004, section 144.335,
2.44 	subdivision 1, is amended to read:
2.45 		Subdivision 1.Definitions.  For the purposes of this
3.1 	section, the following terms have the meanings given them:
3.2 	(a) "Patient" means a natural person who has received
3.3 	health care services from a provider for treatment or
3.4 	examination of a medical, psychiatric, or mental condition, the
3.5 	surviving spouse and parents of a deceased patient, or a person
3.6 	the patient appoints in writing as a representative, including a
3.7 	health care agent acting pursuant to chapter 145C, unless the
3.8 	authority of the agent has been limited by the principal in the
3.9 	principal's health care directive.  Except for minors who have
3.10 	received health care services pursuant to sections 144.341 to
3.11 	144.347, in the case of a minor, patient includes a parent or
3.12 	guardian, or a person acting as a parent or guardian in the
3.13 	absence of a parent or guardian.
3.14 	(b) "Provider" means (1) any person who furnishes health
3.15 	care services and is regulated to furnish the services pursuant
3.16 	to chapter 147, 147A, 147B, 147C, 147D, 148, 148B, 148C, 148D,
3.17 	150A, 151, 153, or 153A, or Minnesota Rules, chapter 4666; (2) a
3.18 	home care provider licensed under section 144A.46; (3) a health
3.19 	care facility licensed pursuant to this chapter or chapter 144A;
3.20 	(4) a physician assistant registered under chapter 147A; and (5)
3.21 	an unlicensed mental health practitioner regulated pursuant to
3.22 	sections 148B.60 to 148B.71.
3.23 	(c) "Individually identifiable form" means a form in which
3.24 	the patient is or can be identified as the subject of the health
3.25 	records.

3.26 	Sec. 4. Minnesota Statutes 2004, section 144A.46,
3.27 	subdivision 2, is amended to read:
3.28 		Subd. 2.Exemptions.  The following individuals or
3.29 	organizations are exempt from the requirement to obtain a home
3.30 	care provider license:
3.31 	(1) a person who is licensed as a registered nurse under
3.32 	sections 148.171 to 148.285 and who independently provides
3.33 	nursing services in the home without any contractual or
3.34 	employment relationship to a home care provider or other
3.35 	organization;
3.36 	(2) a personal care assistant who provides services to only
4.1 	one individual under the medical assistance program as
4.2 	authorized under sections 256B.0625, subdivision 19a, and
4.3 	256B.04, subdivision 16;
4.4 	(3) a person or organization that exclusively offers,
4.5 	provides, or arranges for personal care assistant services to
4.6 	only one individual under the medical assistance program as
4.7 	authorized under sections 256B.0625, subdivision 19a, and
4.8 	256B.04, subdivision 16;
4.9 	(4) a person who is licensed under sections 148.65 to
4.10 	148.78 and who independently provides physical therapy services
4.11 	in the home without any contractual or employment relationship
4.12 	to a home care provider or other organization;
4.13 	(5) a provider that is licensed by the commissioner of
4.14 	human services to provide semi-independent living services under
4.15 	Minnesota Rules, parts 9525.0500 to 9525.0660 when providing
4.16 	home care services to a person with a developmental disability;
4.17 	(6) a provider that is licensed by the commissioner of
4.18 	human services to provide home and community-based services
4.19 	under Minnesota Rules, parts 9525.2000 to 9525.2140 when
4.20 	providing home care services to a person with a developmental
4.21 	disability;
4.22 	(7) a person or organization that provides only home
4.23 	management services, if the person or organization is registered
4.24 	under section 144A.461; or
4.25 	(8) a person who is licensed as a social worker under
4.26 	sections 148B.18 to 148B.289chapter 148D and who provides
4.27 	social work services in the home independently and not through
4.28 	any contractual or employment relationship with a home care
4.29 	provider or other organization.
4.30 	An exemption under this subdivision does not excuse the
4.31 	individual from complying with applicable provisions of the home
4.32 	care bill of rights.

4.33 	Sec. 5. Minnesota Statutes 2004, section 147.09, is
4.34 	amended to read:
4.35 	147.09 EXEMPTIONS.
4.36 	Section 147.081 does not apply to, control, prevent or
5.1 	restrict the practice, service, or activities of:
5.2 	(1) A person who is a commissioned medical officer of, a
5.3 	member of, or employed by, the armed forces of the United
5.4 	States, the United States Public Health Service, the Veterans
5.5 	Administration, any federal institution or any federal agency
5.6 	while engaged in the performance of official duties within this
5.7 	state, if the person is licensed elsewhere.
5.8 	(2) A licensed physician from a state or country who is in
5.9 	actual consultation here.
5.10 	(3) A licensed or registered physician who treats the
5.11 	physician's home state patients or other participating patients
5.12 	while the physicians and those patients are participating
5.13 	together in outdoor recreation in this state as defined by
5.14 	section 86A.03, subdivision 3.  A physician shall first register
5.15 	with the board on a form developed by the board for that
5.16 	purpose.  The board shall not be required to promulgate the
5.17 	contents of that form by rule.  No fee shall be charged for this
5.18 	registration.
5.19 	(4) A student practicing under the direct supervision of a
5.20 	preceptor while the student is enrolled in and regularly
5.21 	attending a recognized medical school.
5.22 	(5) A student who is in continuing training and performing
5.23 	the duties of an intern or resident or engaged in postgraduate
5.24 	work considered by the board to be the equivalent of an
5.25 	internship or residency in any hospital or institution approved
5.26 	for training by the board, provided the student has a residency
5.27 	permit issued by the board under section 147.0391.
5.28 	(6) A person employed in a scientific, sanitary, or
5.29 	teaching capacity by the state university, the Department of
5.30 	Education, a public or private school, college, or other bona
5.31 	fide educational institution, a nonprofit organization, which
5.32 	has tax-exempt status in accordance with the Internal Revenue
5.33 	Code, section 501(c)(3), and is organized and operated primarily
5.34 	for the purpose of conducting scientific research directed
5.35 	towards discovering the causes of and cures for human diseases,
5.36 	or the state Department of Health, whose duties are entirely of
6.1 	a research, public health, or educational character, while
6.2 	engaged in such duties; provided that if the research includes
6.3 	the study of humans, such research shall be conducted under the
6.4 	supervision of one or more physicians licensed under this
6.5 	chapter.
6.6 	(7) Physician's assistants registered in this state.
6.7 	(8) A doctor of osteopathy duly licensed by the state Board
6.8 	of Osteopathy under Minnesota Statutes 1961, sections 148.11 to
6.9 	148.16, prior to May 1, 1963, who has not been granted a license
6.10 	to practice medicine in accordance with this chapter provided
6.11 	that the doctor confines activities within the scope of the
6.12 	license.
6.13 	(9) Any person licensed by a health related licensing
6.14 	board, as defined in section 214.01, subdivision 2, or
6.15 	registered by the commissioner of health pursuant to section
6.16 	214.13, including psychological practitioners with respect to
6.17 	the use of hypnosis; provided that the person confines
6.18 	activities within the scope of the license.
6.19 	(10) A person who practices ritual circumcision pursuant to
6.20 	the requirements or tenets of any established religion.
6.21 	(11) A Christian Scientist or other person who endeavors to
6.22 	prevent or cure disease or suffering exclusively by mental or
6.23 	spiritual means or by prayer.
6.24 	(12) A physician licensed to practice medicine in another
6.25 	state who is in this state for the sole purpose of providing
6.26 	medical services at a competitive athletic event.  The physician
6.27 	may practice medicine only on participants in the athletic
6.28 	event.  A physician shall first register with the board on a
6.29 	form developed by the board for that purpose.  The board shall
6.30 	not be required to adopt the contents of the form by rule.  The
6.31 	physician shall provide evidence satisfactory to the board of a
6.32 	current unrestricted license in another state.  The board shall
6.33 	charge a fee of $50 for the registration.
6.34 	(13) A psychologist licensed under section 148.907 or a
6.35 	social worker licensed under section 148B.21chapter 148D who
6.36 	uses or supervises the use of a penile or vaginal plethysmograph
7.1 	in assessing and treating individuals suspected of engaging in
7.2 	aberrant sexual behavior and sex offenders.
7.3 	(14) Any person issued a training course certificate or
7.4 	credentialed by the Emergency Medical Services Regulatory Board
7.5 	established in chapter 144E, provided the person confines
7.6 	activities within the scope of training at the certified or
7.7 	credentialed level.
7.8 	(15) An unlicensed complementary and alternative health
7.9 	care practitioner practicing according to chapter 146A.

7.10 	Sec. 6. [148D.001] CITATION.
7.11 	This chapter may be cited as the "Minnesota Board of Social
7.12 	Work Practice Act." 

7.13 	Sec. 7. [148D.010] DEFINITIONS.
7.14 		Subdivision 1.Scope. For the purpose of this chapter,
7.15 	the terms in this section have the meanings given.
7.16 		Subd. 2.Applicant. "Applicant" means a person who
7.17 	submits an application to the board for a new license, a license
7.18 	renewal, a change in license, an inactive license, reactivation
7.19 	of a license, or a voluntary termination.
7.20 		Subd. 3.Application. "Application" means an application
7.21 	to the board for a new license, a license renewal, a change in
7.22 	license, an inactive license, reactivation of a license, or
7.23 	voluntary termination.
7.24 		Subd. 4.Board. "Board" means the Board of Social Work
7.25 	created under section 148D.025.
7.26 		Subd. 5.Client. "Client" means an individual, couple,
7.27 	family, group, community, or organization that receives or has
7.28 	received social work services as described in subdivision 9.
7.29 		Subd. 6.Clinical practice. "Clinical practice" means
7.30 	applying professional social work knowledge, skills, and values
7.31 	in the differential diagnosis and treatment of psychosocial
7.32 	function, disability, or impairment, including addictions and
7.33 	emotional, mental, and behavioral disorders.  Treatment includes
7.34 	a plan based on a differential diagnosis.  Treatment may
7.35 	include, but is not limited to, the provision of psychotherapy
7.36 	to individuals, couples, families, and groups.  Clinical social
8.1 	workers may also provide the services described in subdivision 9.
8.2 		Subd. 7.Intern. "Intern" means a student in field
8.3 	placement working under the supervision or direction of a social
8.4 	worker.
8.5 		Subd. 8.Person-in-environment perspective.
 8.6 	"Person-in-environment perspective" means viewing human
8.7 	behavior, development, and function in the context of one or
8.8 	more of the following:  the environment, social functioning,
8.9 	mental health, and physical health.
8.10 		Subd. 9.Practice of social work. "Practice of social
8.11 	work" means working to maintain, restore, or improve behavioral,
8.12 	cognitive, emotional, mental, or social functioning of clients,
8.13 	in a manner that applies accepted professional social work
8.14 	knowledge, skills, and values, including the
8.15 	person-in-environment perspective, by providing in person or
8.16 	through telephone, video conferencing, or electronic means one
8.17 	or more of the social work services described in clauses (1) to
8.18 	(3).  Social work services may address conditions that impair or
8.19 	limit behavioral, cognitive, emotional, mental, or social
8.20 	functioning.  Such conditions include, but are not limited to,
8.21 	the following:  abuse and neglect of children or vulnerable
8.22 	adults, addictions, developmental disorders, disabilities,
8.23 	discrimination, illness, injuries, poverty, and trauma.  Social
8.24 	work services include:
8.25 	(1) providing assessment and intervention through direct
8.26 	contact with clients, developing a plan based on information
8.27 	from an assessment, and providing services which include, but
8.28 	are not limited to, assessment, case management, client-centered
8.29 	advocacy, client education, consultation, counseling, crisis
8.30 	intervention, and referral;
8.31 	(2) providing for the direct or indirect benefit of clients
8.32 	through administrative, educational, policy, or research
8.33 	services including, but not limited to:
8.34 	(i) advocating for policies, programs, or services to
8.35 	improve the well-being of clients;
8.36 	(ii) conducting research related to social work services;
9.1 	(iii) developing and administering programs which provide
9.2 	social work services;
9.3 	(iv) engaging in community organization to address social
9.4 	problems through planned collective action;
9.5 	(v) supervising individuals who provide social work
9.6 	services to clients;
9.7 	(vi) supervising social workers in order to comply with the
9.8 	supervised practice requirements specified in sections 148D.100
9.9 	to 148D.125; and 
9.10 	(vii) teaching professional social work knowledge, skills,
9.11 	and values to students; and 
9.12 	(3) engaging in clinical practice.
9.13 		Subd. 10.Professional name. "Professional name" means
9.14 	the name a licensed social worker uses in making representations
9.15 	of the social worker's professional status to the public and
9.16 	which has been designated to the board in writing pursuant to
9.17 	section 148D.090.
9.18 		Subd. 11.Professional social work knowledge, skills, and
9.19 	values. "Professional social work knowledge, skills, and values"
9.20 	means the knowledge, skills, and values taught in programs
9.21 	accredited by the Council on Social Work Education, the Canadian
9.22 	Association of Schools of Social Work, or a similar
9.23 	accreditation body designated by the board.  Professional social
9.24 	work knowledge, skills, and values include, but are not limited
9.25 	to, principles of person-in-environment and the values,
9.26 	principles, and standards described in the Code of Ethics of the
9.27 	National Association of Social Workers.
9.28 		Subd. 12.Sexual conduct. "Sexual conduct" means any
9.29 	physical contact or conduct that may be reasonably interpreted
9.30 	as sexual, or any oral, written, electronic, or other
9.31 	communication that suggests engaging in physical contact or
9.32 	conduct that may be reasonably interpreted as sexual.
9.33 		Subd. 13.Social worker. "Social worker" means an
9.34 	individual who:
9.35 	(1) is licensed as a social worker; or 
9.36 	(2) has obtained a social work degree from a program
10.1 	accredited by the Council on Social Work Education, the Canadian
10.2 	Association of Schools of Social Work, or a similar
10.3 	accreditation body designated by the board and engages in the
10.4 	practice of social work.
10.5 		Subd. 14.Student. "Student" means an individual who is
10.6 	taught professional social work knowledge, skills, and values in
10.7 	a program that has been accredited by the Council on Social Work
10.8 	Education, the Canadian Association of Schools of Social Work,
10.9 	or a similar accreditation body designated by the board.
10.10 		Subd. 15.Supervisee. "Supervisee" means an individual
10.11 	provided evaluation and supervision or direction by a social
10.12 	worker.
10.13 		Subd. 16.Supervision. "Supervision" means a
10.14 	professional relationship between a supervisor and a social
10.15 	worker in which the supervisor provides evaluation and direction
10.16 	of the services provided by the social worker to promote
10.17 	competent and ethical services to clients through the continuing
10.18 	development of the social worker's knowledge and application of
10.19 	accepted professional social work knowledge, skills, and values.

10.20 	Sec. 8. [148D.015] SCOPE.
10.21 	This chapter applies to all applicants and licensees, all
10.22 	persons who use the title social worker, and all persons in or
10.23 	out of this state who provide social work services to clients
10.24 	who reside in this state unless there are specific applicable
10.25 	exemptions provided by law.

10.26 	Sec. 9. [148D.020] CHAPTER 214.
10.27 	Chapter 214 applies to the Board of Social Work unless
10.28 	superseded by this chapter.

10.29 	Sec. 10. [148D.025] BOARD OF SOCIAL WORK.
10.30 		Subdivision 1.Creation. The Board of Social Work
10.31 	consists of 15 members appointed by the governor.  The members
10.32 	are:
10.33 	(1) ten social workers licensed pursuant to section
10.34 	148D.055; and 
10.35 	(2) five public members as defined in section 214.02.
10.36 		Subd. 2.Qualifications of board members. (a) All social
11.1 	worker members must have engaged in the practice of social work
11.2 	in Minnesota for at least one year during the ten years
11.3 	preceding their appointments.
11.4 	(b) Five social worker members must be licensed social
11.5 	workers.  The other five members must be a licensed graduate
11.6 	social worker, a licensed independent social worker, or a
11.7 	licensed independent clinical social worker.
11.8 	(c) Eight social worker members must be engaged at the time
11.9 	of their appointment in the practice of social work in Minnesota
11.10 	in the following settings:
11.11 	(1) one member must be engaged in the practice of social
11.12 	work in a county agency;
11.13 	(2) one member must be engaged in the practice of social
11.14 	work in a state agency;
11.15 	(3) one member must be engaged in the practice of social
11.16 	work in an elementary, middle, or secondary school;
11.17 	(4) one member must be employed in a hospital or nursing
11.18 	home licensed under chapter 144 or 144A;
11.19 	(5) two members must be engaged in the practice of social
11.20 	work in a private agency;
11.21 	(6) one member must be engaged in the practice of social
11.22 	work in a clinical social work setting; and 
11.23 	(7) one member must be an educator engaged in regular
11.24 	teaching duties at a program of social work accredited by the
11.25 	Council on Social Work Education or a similar accreditation body
11.26 	designated by the board.
11.27 	(d) At the time of their appointments, at least six members
11.28 	must reside outside of the seven-county metropolitan area.
11.29 	(e) At the time of their appointments, at least five
11.30 	members must be persons with expertise in communities of color.
11.31 		Subd. 3.Officers. The board must annually elect from
11.32 	its membership a chair, vice-chair, and secretary-treasurer.
11.33 		Subd. 4.Bylaws. The board must adopt bylaws to govern
11.34 	its proceedings.
11.35 		Subd. 5.Executive director. The board must appoint and
11.36 	employ an executive director who is not a member of the board.
12.1 	The employment of the executive director shall be subject to the
12.2 	terms described in section 214.04, subdivision 2a.

12.3 	Sec. 11. [148D.030] DUTIES OF THE BOARD.
12.4 		Subdivision 1.Duties. The board must perform the duties
12.5 	necessary to promote and protect the public health, safety, and
12.6 	welfare through the licensure and regulation of persons who
12.7 	practice social work in this state.  These duties include, but
12.8 	are not limited to:
12.9 	(1) establishing the qualifications and procedures for
12.10 	individuals to be licensed as social workers;
12.11 	(2) establishing standards of practice for social workers;
12.12 	(3) holding examinations or contracting with the
12.13 	Association of Social Work Boards or a similar examination body
12.14 	designated by the board to hold examinations to assess
12.15 	applicants' qualifications;
12.16 	(4) issuing licenses to qualified individuals pursuant to
12.17 	sections 148D.055 and 148D.060;
12.18 	(5) taking disciplinary, adversarial, corrective, or other
12.19 	action pursuant to sections 148D.255 to 148D.270 when an
12.20 	individual violates the requirements of this chapter;
12.21 	(6) assessing fees pursuant to sections 148D.175 and
12.22 	148D.180; and 
12.23 	(7) educating social workers and the public on the
12.24 	requirements of the board.
12.25 		Subd. 2.Rules. The board may adopt and enforce rules to
12.26 	carry out the duties specified in subdivision 1.

12.27 	Sec. 12. [148D.035] VARIANCES.
12.28 	If the effect of a requirement pursuant to this chapter is
12.29 	unreasonable, impossible to execute, absurd, or would impose an
12.30 	extreme hardship on a licensee, the board may grant a variance
12.31 	if the variance is consistent with promoting and protecting the
12.32 	public health, safety, and welfare.  A variance must not be
12.33 	granted for core licensing standards such as substantive
12.34 	educational and examination requirements.

12.35 	Sec. 13. [148D.040] IMMUNITY.
12.36 	Board members, board employees, and persons engaged on
13.1 	behalf of the board are immune from civil liability for any
13.2 	actions, transactions, or publications in the lawful execution
13.3 	of or relating to their duties under this chapter.

13.4 	Sec. 14. [148D.045] CONTESTED CASE HEARING.
13.5 	An applicant or a licensee who is the subject of a
13.6 	disciplinary or adversarial action by the board pursuant to this
13.7 	chapter may request a contested case hearing under sections
13.8 	14.57 to 14.62.  An applicant or a licensee who desires to
13.9 	request a contested case hearing must submit a written request
13.10 	to the board within 90 days after the date on which the board
13.11 	mailed the notification of the adverse action, except as
13.12 	otherwise provided in this chapter.

13.13 	Sec. 15. [148D.050] LICENSING; SCOPE OF PRACTICE.
13.14 		Subdivision 1.Requirements. The practice of social work
13.15 	must comply with the requirements of subdivision 2, 3, 4, or 5.
13.16 		Subd. 2.Licensed social worker. A licensed social
13.17 	worker may engage in social work practice except that a licensed
13.18 	social worker must not engage in clinical practice.
13.19 		Subd. 3.Licensed graduate social worker. A licensed
13.20 	graduate social worker may engage in social work practice except
13.21 	that a licensed graduate social worker must not engage in
13.22 	clinical practice except under the supervision of a licensed
13.23 	independent clinical social worker or an alternate supervisor
13.24 	pursuant to section 148D.120.
13.25 		Subd. 4.Licensed independent social worker. A licensed
13.26 	independent social worker may engage in social work practice
13.27 	except that a licensed independent social worker must not engage
13.28 	in clinical practice except under the supervision of a licensed
13.29 	independent clinical social worker or an alternate supervisor
13.30 	pursuant to section 148D.120.
13.31 		Subd. 5.Licensed independent clinical social worker. A
13.32 	licensed independent clinical social worker may engage in social
13.33 	work practice, including clinical practice.

13.34 	Sec. 16. [148D.055] LICENSE REQUIREMENTS.
13.35 		Subdivision 1.License required. (a) In order to
13.36 	practice social work, an individual must have a social work
14.1 	license under this section or section 148D.060, except when the
14.2 	individual is exempt from licensure pursuant to section 148D.065.
14.3 	(b) Individuals who teach professional social work
14.4 	knowledge, skills, and values to students and who have a social
14.5 	work degree from a program accredited by the Council on Social
14.6 	Work Education, the Canadian Association of Schools of Social
14.7 	Work, or a similar accreditation body designated by the board
14.8 	must have a social work license under this section or section
14.9 	148D.060, except when the individual is exempt from licensure
14.10 	pursuant to section 148D.065.
14.11 		Subd. 2.Qualifications for licensure by examination as a
14.12 	licensed social worker. (a) Except as provided in paragraph
14.13 	(i), to be licensed as a licensed social worker, an applicant
14.14 	for licensure by examination must provide evidence satisfactory
14.15 	to the board that the applicant:
14.16 	(1) has received a baccalaureate degree in social work from
14.17 	a program accredited by the Council on Social Work Education,
14.18 	the Canadian Association of Schools of Social Work, or a similar
14.19 	accreditation body designated by the board;
14.20 	(2) has passed the bachelors or equivalent examination
14.21 	administered by the Association of Social Work Boards or a
14.22 	similar examination body designated by the board.  Unless an
14.23 	applicant applies for licensure by endorsement pursuant to
14.24 	subdivision 7, an examination is not valid if it was taken and
14.25 	passed eight or more years prior to submitting a completed,
14.26 	signed application form provided by the board.  The examination
14.27 	may be taken prior to completing degree requirements;
14.28 	(3) has submitted a completed, signed application form
14.29 	provided by the board, including the applicable application fee
14.30 	specified in section 148D.180.  For applications submitted
14.31 	electronically, a "signed application" means providing an
14.32 	attestation as specified by the board;
14.33 	(4) has submitted the criminal background check fee and a
14.34 	form provided by the board authorizing a criminal background
14.35 	check pursuant to subdivision 8;
14.36 	(5) has paid the applicable license fee specified in
15.1 	section 148D.180; and 
15.2 	(6) has not engaged in conduct that was or would be in
15.3 	violation of the standards of practice specified in sections
15.4 	148D.195 to 148D.240.  If the applicant has engaged in conduct
15.5 	that was or would be in violation of the standards of practice,
15.6 	the board may take action pursuant to sections 148D.255 to
15.7 	148D.270.
15.8 	(b) An application that is not completed and signed, or
15.9 	that is not accompanied by the correct fee, must be returned to
15.10 	the applicant, along with any fee submitted, and is void.
15.11 	(c) A licensee granted a license by the board pursuant to
15.12 	paragraph (a) must meet the supervised practice requirements
15.13 	specified in sections 148D.100 to 148D.125.  If a licensee does
15.14 	not meet the supervised practice requirements, the board may
15.15 	take action pursuant to sections 148D.255 to 148D.270.
15.16 	(d) By submitting an application for licensure, an
15.17 	applicant authorizes the board to investigate any information
15.18 	provided or requested in the application.  The board may request
15.19 	that the applicant provide additional information, verification,
15.20 	or documentation.
15.21 	(e) Within one year of the time the board receives an
15.22 	application for licensure, the applicant must meet all the
15.23 	requirements specified in paragraph (a) and must provide all of
15.24 	the information requested by the board pursuant to paragraph
15.25 	(d).  If within one year the applicant does not meet all the
15.26 	requirements, or does not provide all of the information
15.27 	requested, the applicant is considered ineligible and the
15.28 	application for licensure must be closed.
15.29 	(f) Except as provided in paragraph (g), an applicant may
15.30 	not take more than three times the bachelors or equivalent
15.31 	examination administered by the Association of Social Work
15.32 	Boards, or a similar examination body designated by the board.
15.33 	An applicant must receive a passing score on the bachelors or
15.34 	equivalent examination administered by the Association of Social
15.35 	Work Boards or a similar examination body designated by the
15.36 	board in no more than 18 months after the date the applicant
16.1 	first failed the examination.
16.2 	(g) Notwithstanding paragraph (f), the board may allow an
16.3 	applicant to take, for a fourth or subsequent time, the
16.4 	bachelors or equivalent examination administered by the
16.5 	Association of Social Work Boards or a similar examination body
16.6 	designated by the board if the applicant:
16.7 	(1) meets all requirements specified in paragraphs (a) to
16.8 	(e) other than passing the bachelors or equivalent examination
16.9 	administered by the Association of Social Work Boards or a
16.10 	similar examination body designated by the board;
16.11 	(2) provides to the board a description of the efforts the
16.12 	applicant has made to improve the applicant's score and
16.13 	demonstrates to the board's satisfaction that the efforts are
16.14 	likely to improve the score; and 
16.15 	(3) provides to the board letters of recommendation from
16.16 	two licensed social workers attesting to the applicant's ability
16.17 	to practice social work competently and ethically in accordance
16.18 	with professional social work knowledge, skills, and values.
16.19 	(h) An individual must not practice social work until the
16.20 	individual passes the examination and receives a social work
16.21 	license under this section or section 148D.060.  If the board
16.22 	has reason to believe that an applicant may be practicing social
16.23 	work without a license, and the applicant has failed the
16.24 	bachelors or equivalent examination administered by the
16.25 	Association of Social Work Boards or a similar examination body
16.26 	designated by the board, the board may notify the applicant's
16.27 	employer that the applicant is not licensed as a social worker.
16.28 	(i) An applicant who was born in a foreign country, who has
16.29 	taken and failed to pass the examination specified in paragraph
16.30 	(a), clause (2), at least once since January 1, 2000, and for
16.31 	whom English is a second language, is eligible for licensure as
16.32 	a social worker if the applicant:
16.33 	(1) provides evidence to the board of compliance with the
16.34 	requirements in paragraph (a), clauses (1) and (3) to (6), and
16.35 	in paragraphs (b) to (e) and (h); and 
16.36 	(2) provides to the board letters of recommendation and
17.1 	experience ratings from two licensed social workers and one
17.2 	professor from the applicant's social work program who can
17.3 	attest to the applicant's competence.
17.4 	This paragraph expires August 1, 2007.
17.5 		Subd. 3.Qualifications for licensure by examination as a
17.6 	licensed graduate social worker. (a) Except as provided in
17.7 	paragraph (i), to be licensed as a licensed graduate social
17.8 	worker, an applicant for licensure by examination must provide
17.9 	evidence satisfactory to the board that the applicant:
17.10 	(1) has received a graduate degree in social work from a
17.11 	program accredited by the Council on Social Work Education, the
17.12 	Canadian Association of Schools of Social Work, or a similar
17.13 	accreditation body designated by the board;
17.14 	(2) has passed the masters or equivalent examination
17.15 	administered by the Association of Social Work Boards or a
17.16 	similar examination body designated by the board. Unless an
17.17 	applicant applies for licensure by endorsement pursuant to
17.18 	section 148D.055, subdivision 7, an examination is not valid if
17.19 	it was taken and passed eight or more years prior to submitting
17.20 	a completed, signed application form provided by the board.  The
17.21 	examination may be taken prior to completing degree
17.22 	requirements;
17.23 	(3) has submitted a completed, signed application form
17.24 	provided by the board, including the applicable application fee
17.25 	specified in section 148D.180.  For applications submitted
17.26 	electronically, a "signed application" means providing an
17.27 	attestation as specified by the board;
17.28 	(4) has submitted the criminal background check fee and a
17.29 	form provided by the board authorizing a criminal background
17.30 	check pursuant to subdivision 8;
17.31 	(5) has paid the applicable license fee specified in
17.32 	section 148D.180; and 
17.33 	(6) has not engaged in conduct that was or would be in
17.34 	violation of the standards of practice specified in sections
17.35 	148D.195 to 148D.240.  If the applicant has engaged in conduct
17.36 	that was or would be in violation of the standards of practice,
18.1 	the board may take action pursuant to sections 148D.255 to
18.2 	148D.270.
18.3 	(b) An application which is not completed and signed, or
18.4 	which is not accompanied by the correct fee, must be returned to
18.5 	the applicant, along with any fee submitted, and is void.
18.6 	(c) A licensee granted a license by the board pursuant to
18.7 	paragraph (a) must meet the supervised practice requirements
18.8 	specified in sections 148D.100 to 148D.125.  If a licensee does
18.9 	not meet the supervised practice requirements, the board may
18.10 	take action pursuant to sections 148D.255 to 148D.270.
18.11 	(d) By submitting an application for licensure, an
18.12 	applicant authorizes the board to investigate any information
18.13 	provided or requested in the application.  The board may request
18.14 	that the applicant provide additional information, verification,
18.15 	or documentation.
18.16 	(e) Within one year of the time the board receives an
18.17 	application for licensure, the applicant must meet all the
18.18 	requirements specified in paragraph (a) and must provide all of
18.19 	the information requested by the board pursuant to paragraph
18.20 	(d).  If within one year the applicant does not meet all the
18.21 	requirements, or does not provide all of the information
18.22 	requested, the applicant is considered ineligible and the
18.23 	application for licensure must be closed.
18.24 	(f) Except as provided in paragraph (g), an applicant may
18.25 	not take more than three times the masters or equivalent
18.26 	examination administered by the Association of Social Work
18.27 	Boards or a similar examination body designated by the board.
18.28 	An applicant must receive a passing score on the masters or
18.29 	equivalent examination administered by the Association of Social
18.30 	Work Boards or a similar examination body designated by the
18.31 	board in no more than 18 months after the date the applicant
18.32 	first failed the examination.
18.33 	(g) Notwithstanding paragraph (f), the board may allow an
18.34 	applicant to take, for a fourth or subsequent time, the masters
18.35 	or equivalent examination administered by the Association of
18.36 	Social Work Boards or a similar examination body designated by
19.1 	the board if the applicant:
19.2 	(1) meets all requirements specified in paragraphs (a) to
19.3 	(e) other than passing the masters or equivalent examination
19.4 	administered by the Association of Social Work boards or a
19.5 	similar examination body designated by the board;
19.6 	(2) provides to the board a description of the efforts the
19.7 	applicant has made to improve the applicant's score and
19.8 	demonstrates to the board's satisfaction that the efforts are
19.9 	likely to improve the score; and 
19.10 	(3) provides to the board letters of recommendation from
19.11 	two licensed social workers attesting to the applicant's ability
19.12 	to practice social work competently and ethically in accordance
19.13 	with professional social work knowledge, skills, and values.
19.14 	(h) An individual must not practice social work until the
19.15 	individual passes the examination and receives a social work
19.16 	license under this section or section 148D.060.  If the board
19.17 	has reason to believe that an applicant may be practicing social
19.18 	work without a license, and the applicant has failed the masters
19.19 	or equivalent examination administered by the Association of
19.20 	Social Work Boards or a similar examination body designated by
19.21 	the board, the board may notify the applicant's employer that
19.22 	the applicant is not licensed as a social worker.
19.23 	(i) An applicant who was born in a foreign country, who has
19.24 	taken and failed to pass the examination specified in paragraph
19.25 	(a), clause (2), at least once since January 1, 2000, and for
19.26 	whom English is a second language, is eligible for licensure as
19.27 	a social worker if the applicant:
19.28 	(1) provides evidence to the board of compliance with the
19.29 	requirements in paragraph (a), clauses (1) and (3) to (6), and
19.30 	in paragraphs (b) to (e) and (h); and 
19.31 	(2) provides to the board letters of recommendation and
19.32 	experience ratings from two licensed social workers and one
19.33 	professor from the applicant's social work program who can
19.34 	attest to the applicant's competence.
19.35 	This paragraph expires August 1, 2007.
19.36 		Subd. 4.Qualifications for licensure by examination as a
20.1 	licensed independent social worker. (a) Except as provided in
20.2 	paragraph (i), to be licensed as a licensed independent social
20.3 	worker, an applicant for licensure by examination must provide
20.4 	evidence satisfactory to the board that the applicant:
20.5 	(1) has received a graduate degree in social work from a
20.6 	program accredited by the Council on Social Work Education, the
20.7 	Canadian Association of Schools of Social Work, or a similar
20.8 	accreditation body designated by the board;
20.9 	(2) has practiced social work as defined in section
20.10 	148D.010, and has met the supervised practice requirements
20.11 	specified in sections 148D.100 to 148D.125;
20.12 	(3) has passed the advanced generalist or equivalent
20.13 	examination administered by the Association of Social Work
20.14 	Boards or a similar examination body designated by the board.
20.15 	Unless an applicant applies for licensure by endorsement
20.16 	pursuant to subdivision 7, an examination is not valid if it was
20.17 	taken and passed eight or more years prior to submitting a
20.18 	completed, signed application form provided by the board;
20.19 	(4) has submitted a completed, signed application form
20.20 	provided by the board, including the applicable application fee
20.21 	specified in section 148D.180.  For applications submitted
20.22 	electronically, a "signed application" means providing an
20.23 	attestation as specified by the board;
20.24 	(5) has submitted the criminal background check fee and a
20.25 	form provided by the board authorizing a criminal background
20.26 	check pursuant to subdivision 8;
20.27 	(6) has paid the applicable license fee specified in
20.28 	section 148D.180; and 
20.29 	(7) has not engaged in conduct that was or would be in
20.30 	violation of the standards of practice specified in sections
20.31 	148D.195 to 148D.240.  If the applicant has engaged in conduct
20.32 	that was or would be in violation of the standards of practice,
20.33 	the board may take action pursuant to sections 148D.255 to
20.34 	148D.270.
20.35 	(b) An application which is not completed and signed, or
20.36 	which is not accompanied by the correct fee, must be returned to
21.1 	the applicant, along with any fee submitted, and is void.
21.2 	(c) A licensed independent social worker who practices
21.3 	clinical social work must meet the supervised practice
21.4 	requirements specified in sections 148D.100 to 148D.125.  If a
21.5 	licensee does not meet the supervised practice requirements, the
21.6 	board may take action pursuant to sections 148D.255 to 148D.270.
21.7 	(d) By submitting an application for licensure, an
21.8 	applicant authorizes the board to investigate any information
21.9 	provided or requested in the application.  The board may request
21.10 	that the applicant provide additional information, verification,
21.11 	or documentation.
21.12 	(e) Within one year of the time the board receives an
21.13 	application for licensure, the applicant must meet all the
21.14 	requirements specified in paragraph (a) and must provide all of
21.15 	the information requested by the board pursuant to paragraph
21.16 	(d).  If within one year the applicant does not meet all the
21.17 	requirements, or does not provide all of the information
21.18 	requested, the applicant is considered ineligible and the
21.19 	application for licensure must be closed.
21.20 	(f) Except as provided in paragraph (g), an applicant may
21.21 	not take more than three times the advanced generalist or
21.22 	equivalent examination administered by the Association of Social
21.23 	Work Boards or a similar examination body designated by the
21.24 	board.  An applicant must receive a passing score on the masters
21.25 	or equivalent examination administered by the Association of
21.26 	Social Work Boards or a similar examination body designated by
21.27 	the board in no more than 18 months after the first time the
21.28 	applicant failed the examination.
21.29 	(g) Notwithstanding paragraph (f), the board may allow an
21.30 	applicant to take, for a fourth or subsequent time, the advanced
21.31 	generalist or equivalent examination administered by the
21.32 	Association of Social Work Boards or a similar examination body
21.33 	designated by the board if the applicant:
21.34 	(1) meets all requirements specified in paragraphs (a) to
21.35 	(e) other than passing the advanced generalist or equivalent
21.36 	examination administered by the Association of Social Work
22.1 	Boards or a similar examination body designated by the board;
22.2 	(2) provides to the board a description of the efforts the
22.3 	applicant has made to improve the applicant's score and
22.4 	demonstrates to the board's satisfaction that the efforts are
22.5 	likely to improve the score; and 
22.6 	(3) provides to the board letters of recommendation from
22.7 	two licensed social workers attesting to the applicant's ability
22.8 	to practice social work competently and ethically in accordance
22.9 	with professional social work knowledge, skills, and values.
22.10 	(h) An individual must not practice social work until the
22.11 	individual passes the examination and receives a social work
22.12 	license under this section or section 148D.060.  If the board
22.13 	has reason to believe that an applicant may be practicing social
22.14 	work without a license, except as provided in section 148D.065,
22.15 	and the applicant has failed the advanced generalist or
22.16 	equivalent examination administered by the Association of Social
22.17 	Work Boards or a similar examination body designated by the
22.18 	board, the board may notify the applicant's employer that the
22.19 	applicant is not licensed as a social worker.
22.20 	(i) An applicant who was born in a foreign country, who has
22.21 	taken and failed to pass the examination specified in paragraph
22.22 	(a), clause (3), at least once since January 1, 2000, and for
22.23 	whom English is a second language, is eligible for licensure as
22.24 	a social worker if the applicant:
22.25 	(1) provides evidence to the board of compliance with the
22.26 	requirements in paragraph (a), clauses (1), (2), and (4) to (7),
22.27 	and in paragraphs (b) to (e) and (h); and 
22.28 	(2) provides to the board letters of recommendation and
22.29 	experience ratings from two licensed social workers and one
22.30 	professor from the applicant's social work program who can
22.31 	attest to the applicant's competence.
22.32 	This paragraph expires August 1, 2007.
22.33 		Subd. 5.Qualifications for licensure by examination as a
22.34 	licensed independent clinical social worker. (a) Except as
22.35 	provided in paragraph (h), to be licensed as a licensed
22.36 	independent clinical social worker, an applicant for licensure
23.1 	by examination must provide evidence satisfactory to the board
23.2 	that the applicant:
23.3 	(1) has received a graduate degree in social work from a
23.4 	program accredited by the Council on Social Work Education, the
23.5 	Canadian Association of Schools of Social Work, or a similar
23.6 	accreditation body designated by the board;
23.7 	(2) has practiced clinical social work as defined in
23.8 	section 148D.010, including both diagnosis and treatment, and
23.9 	has met the supervised practice requirements specified in
23.10 	sections 148D.100 to 148D.125;
23.11 	(3) has passed the clinical or equivalent examination
23.12 	administered by the Association of Social Work Boards or a
23.13 	similar examination body designated by the board.  Unless an
23.14 	applicant applies for licensure by endorsement pursuant to
23.15 	subdivision 7, an examination is not valid if it was taken and
23.16 	passed eight or more years prior to submitting a completed,
23.17 	signed application form provided by the board;
23.18 	(4) has submitted a completed, signed application form
23.19 	provided by the board, including the applicable application fee
23.20 	specified in section 148D.180.  For applications submitted
23.21 	electronically, a "signed application" means providing an
23.22 	attestation as specified by the board;
23.23 	(5) has submitted the criminal background check fee and a
23.24 	form provided by the board authorizing a criminal background
23.25 	check pursuant to subdivision 8;
23.26 	(6) has paid the license fee specified in section 148D.180;
23.27 	and 
23.28 	(7) has not engaged in conduct that was or would be in
23.29 	violation of the standards of practice specified in sections
23.30 	148D.195 to 148D.240.  If the applicant has engaged in conduct
23.31 	that was or would be in violation of the standards of practice,
23.32 	the board may take action pursuant to sections 148D.255 to
23.33 	148D.270.
23.34 	(b) An application which is not completed and signed, or
23.35 	which is not accompanied by the correct fee, must be returned to
23.36 	the applicant, along with any fee submitted, and is void.
24.1 	(c) By submitting an application for licensure, an
24.2 	applicant authorizes the board to investigate any information
24.3 	provided or requested in the application.  The board may request
24.4 	that the applicant provide additional information, verification,
24.5 	or documentation.
24.6 	(d) Within one year of the time the board receives an
24.7 	application for licensure, the applicant must meet all the
24.8 	requirements specified in paragraph (a) and must provide all of
24.9 	the information requested by the board pursuant to paragraph
24.10 	(c).  If within one year the applicant does not meet all the
24.11 	requirements, or does not provide all of the information
24.12 	requested, the applicant is considered ineligible and the
24.13 	application for licensure must be closed.
24.14 	(e) Except as provided in paragraph (f), an applicant may
24.15 	not take more than three times the clinical or equivalent
24.16 	examination administered by the Association of Social Work
24.17 	Boards or a similar examination body designated by the board.
24.18 	An applicant must receive a passing score on the clinical or
24.19 	equivalent examination administered by the Association of Social
24.20 	Work Boards or a similar examination body designated by the
24.21 	board no later than 18 months after the first time the applicant
24.22 	failed the examination.
24.23 	(f) Notwithstanding paragraph (e), the board may allow an
24.24 	applicant to take, for a fourth or subsequent time, the clinical
24.25 	or equivalent examination administered by the Association of
24.26 	Social Work Boards or a similar examination body designated by
24.27 	the board if the applicant:
24.28 	(1) meets all requirements specified in paragraphs (a) to
24.29 	(d) other than passing the clinical or equivalent examination
24.30 	administered by the Association of Social Work Boards or a
24.31 	similar examination body designated by the board;
24.32 	(2) provides to the board a description of the efforts the
24.33 	applicant has made to improve the applicant's score and
24.34 	demonstrates to the board's satisfaction that the efforts are
24.35 	likely to improve the score; and 
24.36 	(3) provides to the board letters of recommendation from
25.1 	two licensed social workers attesting to the applicant's ability
25.2 	to practice social work competently and ethically in accordance
25.3 	with professional social work knowledge, skills, and values.
25.4 	(g) An individual must not practice social work until the
25.5 	individual passes the examination and receives a social work
25.6 	license under this section or section 148D.060.  If the board
25.7 	has reason to believe that an applicant may be practicing social
25.8 	work without a license, and the applicant has failed the
25.9 	clinical or equivalent examination administered by the
25.10 	Association of Social Work Boards or a similar examination body
25.11 	designated by the board, the board may notify the applicant's
25.12 	employer that the applicant is not licensed as a social worker.
25.13 	(h) An applicant who was born in a foreign country, who has
25.14 	taken and failed to pass the examination specified in paragraph
25.15 	(a), clause (3), at least once since January 1, 2000, and for
25.16 	whom English is a second language, is eligible for licensure as
25.17 	a social worker if the applicant:
25.18 	(1) provides evidence to the board of compliance with the
25.19 	requirements in paragraph (a), clauses (1), (2), and (4) to (7),
25.20 	and paragraphs (b) to (d) and (g); and 
25.21 	(2) provides to the board letters of recommendation and
25.22 	experience ratings from two licensed social workers and one
25.23 	professor from the applicant's social work program who can
25.24 	attest to the applicant's competence.
25.25 	This paragraph expires August 1, 2007.
25.26 		Subd. 6.Degrees from outside the united states or
25.27 	canada. If an applicant receives a degree from a program
25.28 	outside the United States or Canada that is not accredited by
25.29 	the Council on Social Work Education, the Canadian Association
25.30 	of Schools of Social Work, or a similar examination body
25.31 	designated by the board, the degree does not fulfill the
25.32 	requirements specified in subdivision 2, paragraph (a), clause
25.33 	(1); 3, paragraph (a), clause (1); 4, paragraph (a), clause (1);
25.34 	or 5, paragraph (a), clause (1), unless the Council on Social
25.35 	Work Education or a similar accreditation body designated by the
25.36 	board has determined through the council's international
26.1 	equivalency determination service that the degree earned is
26.2 	equivalent to the degree required.
26.3 		Subd. 7.Licensure by endorsement. (a) An applicant for
26.4 	licensure by endorsement must hold a current license or
26.5 	credential to practice social work in another jurisdiction.
26.6 	(b) An applicant for licensure by endorsement who meets the
26.7 	qualifications of paragraph (a) and who demonstrates to the
26.8 	satisfaction of the board that the applicant passed the
26.9 	examination administered by the Association of Social Work
26.10 	Boards or a similar examination body designated by the board for
26.11 	the applicable license in Minnesota is not required to retake
26.12 	the licensing examination.
26.13 	(c) An application for licensure by endorsement must meet
26.14 	the applicable license requirements specified in subdivisions 1
26.15 	to 6 and submit the licensure by endorsement application fee
26.16 	specified in section 148D.180.
26.17 		Subd. 8.Criminal background checks. (a) Except as
26.18 	provided in paragraph (b), an initial license application must
26.19 	be accompanied by:
26.20 	(1) a form provided by the board authorizing the board to
26.21 	complete a criminal background check; and 
26.22 	(2) the criminal background check fee specified by the
26.23 	Bureau of Criminal Apprehension.
26.24 	Criminal background check fees collected by the board must
26.25 	be used to reimburse the Bureau of Criminal Apprehension for the
26.26 	criminal background checks.
26.27 	(b) An applicant who has previously submitted a license
26.28 	application authorizing the board to complete a criminal
26.29 	background check is exempt from the requirement specified in
26.30 	paragraph (a).
26.31 	(c) If a criminal background check indicates that an
26.32 	applicant has engaged in criminal behavior, the board may take
26.33 	action pursuant to sections 148D.255 to 148D.270.
26.34 		Subd. 9.Effective date. The effective date of an
26.35 	initial license is the day on which the board receives the
26.36 	applicable license fee from an applicant approved for licensure.
27.1 		Subd. 10.Expiration date. The expiration date of an
27.2 	initial license is the last day of the licensee's birth month in
27.3 	the second calendar year following the effective date of the
27.4 	initial license.
27.5 		Subd. 11.Change in license. (a) A licensee who changes
27.6 	from a licensed social worker to a licensed graduate social
27.7 	worker, or from a licensed graduate social worker to a licensed
27.8 	independent social worker, or from a licensed graduate social
27.9 	worker or licensed independent social worker to a licensed
27.10 	independent clinical social worker, must pay the prorated share
27.11 	of the fee for the new license.
27.12 	(b) The effective date of the new license is the day on
27.13 	which the board receives the applicable license fee from an
27.14 	applicant approved for the new license.
27.15 	(c) The expiration date of the new license is the same date
27.16 	as the expiration date of the license held by the licensee prior
27.17 	to the change in the license.

27.18 	Sec. 17. [148D.060] TEMPORARY LICENSES.
27.19 		Subdivision 1.Students and other persons not currently
27.20 	licensed in another jurisdiction. The board may issue a
27.21 	temporary license to practice social work to an applicant who is
27.22 	not licensed or credentialed to practice social work in any
27.23 	jurisdiction but has:
27.24 	(1) applied for a license under section 148D.055;
27.25 	(2) applied for a temporary license on a form provided by
27.26 	the board;
27.27 	(3) submitted a form provided by the board authorizing the
27.28 	board to complete a criminal background check;
27.29 	(4) passed the applicable licensure examination provided
27.30 	for in section 148D.055;
27.31 	(5) attested on a form provided by the board that the
27.32 	applicant has completed the requirements for a baccalaureate or
27.33 	graduate degree in social work from a program accredited by the
27.34 	Council on Social Work Education, the Canadian Association of
27.35 	Schools of Social Work, or a similar accreditation body
27.36 	designated by the board; and 
28.1 	(6) not engaged in conduct that was or would be in
28.2 	violation of the standards of practice specified in sections
28.3 	148D.195 to 148D.240.  If the applicant has engaged in conduct
28.4 	that was or would be in violation of the standards of practice,
28.5 	the board may take action pursuant to sections 148D.255 to
28.6 	148D.270.
28.7 		Subd. 2.Emergency situations and persons currently
28.8 	licensed in another jurisdiction. The board may issue a
28.9 	temporary license to practice social work to an applicant who is
28.10 	licensed or credentialed to practice social work in another
28.11 	jurisdiction, may or may not have applied for a license under
28.12 	section 148D.055, and has:
28.13 	(1) applied for a temporary license on a form provided by
28.14 	the board;
28.15 	(2) submitted a form provided by the board authorizing the
28.16 	board to complete a criminal background check;
28.17 	(3) submitted evidence satisfactory to the board that the
28.18 	applicant is currently licensed or credentialed to practice
28.19 	social work in another jurisdiction;
28.20 	(4) attested on a form provided by the board that the
28.21 	applicant has completed the requirements for a baccalaureate or
28.22 	graduate degree in social work from a program accredited by the
28.23 	Council on Social Work Education, the Canadian Association of
28.24 	Schools of Social Work, or a similar accreditation body
28.25 	designated by the board; and 
28.26 	(5) not engaged in conduct that was or would be in
28.27 	violation of the standards of practice specified in sections
28.28 	148D.195 to 148D.240.  If the applicant has engaged in conduct
28.29 	that was or would be in violation of the standards of practice,
28.30 	the board may take action pursuant to sections 148D.255 to
28.31 	148D.270.
28.32 		Subd. 3.Teachers. The board may issue a temporary
28.33 	license to practice social work to an applicant whose permanent
28.34 	residence is outside the United States, who is teaching social
28.35 	work at an academic institution in Minnesota for a period not to
28.36 	exceed 12 months, who may or may not have applied for a license
29.1 	under section 148D.055, and who has:
29.2 	(1) applied for a temporary license on a form provided by
29.3 	the board;
29.4 	(2) submitted a form provided by the board authorizing the
29.5 	board to complete a criminal background check;
29.6 	(3) attested on a form provided by the board that the
29.7 	applicant has completed the requirements for a baccalaureate or
29.8 	graduate degree in social work; and 
29.9 	(4) has not engaged in conduct that was or would be in
29.10 	violation of the standards of practice specified in sections
29.11 	148D.195 to 148D.240.  If the applicant has engaged in conduct
29.12 	that was or would be in violation of the standards of practice,
29.13 	the board may take action pursuant to sections 148D.255 to
29.14 	148D.270.
29.15 		Subd. 4.Temporary license application fee. An applicant
29.16 	for a temporary license must pay the application fee described
29.17 	in section 148D.180 plus the required fee for the cost of the
29.18 	criminal background check.  Only one fee for the cost of the
29.19 	criminal background check must be submitted when the applicant
29.20 	is applying for both a temporary license and a license under
29.21 	section 148D.055.
29.22 		Subd. 5.Temporary license term. (a) A temporary license
29.23 	is valid until expiration, or until the board issues or denies
29.24 	the license pursuant to section 148D.055, or until the board
29.25 	revokes the temporary license, whichever comes first.  A
29.26 	temporary license is nonrenewable.
29.27 	(b) A temporary license issued pursuant to subdivision 1 or
29.28 	2 expires after six months.
29.29 	(c) A temporary license issued pursuant to subdivision 3
29.30 	expires after 12 months.
29.31 		Subd. 6.Licensee with a temporary license who has
29.32 	completed requirements for a baccalaureate degree. A licensee
29.33 	with a temporary license who has provided evidence to the board
29.34 	that the licensee has completed the requirements for a
29.35 	baccalaureate degree in social work from a program accredited by
29.36 	the Council on Social Work Education, the Canadian Association
30.1 	of Schools of Social Work, or a similar accreditation body
30.2 	designated by the board may temporarily engage in social work
30.3 	practice except that a licensee with a temporary license may not
30.4 	engage in clinical social work practice.
30.5 		Subd. 7.Licensee with a temporary license who has
30.6 	completed requirements for a graduate degree. A licensee with a
30.7 	temporary license who has provided evidence to the board that
30.8 	the licensee has completed the requirements for a graduate
30.9 	degree in social work from a program accredited by the Council
30.10 	on Social Work Education, the Canadian Association of Schools of
30.11 	Social Work, or a similar accreditation body designated by the
30.12 	board may temporarily engage in social work practice, including
30.13 	clinical practice.
30.14 		Subd. 8.Supervision requirements. (a) Except as
30.15 	provided in paragraph (b), an applicant who is not currently
30.16 	licensed or credentialed to practice social work in another
30.17 	jurisdiction and who obtains a temporary license may practice
30.18 	social work only under the supervision of an individual licensed
30.19 	as a social worker who is eligible to provide supervision under
30.20 	sections 148D.100 to 148D.125.  Before the applicant is approved
30.21 	for licensure, the applicant's supervisor must attest to the
30.22 	board's satisfaction that the applicant has practiced social
30.23 	work under supervision.  This supervision applies toward the
30.24 	supervision required after licensure.
30.25 	(b) If an applicant is currently licensed or credentialed
30.26 	to practice social work in another jurisdiction, and receives a
30.27 	temporary license pursuant to subdivision 3, the requirements
30.28 	specified in paragraph (a) do not apply.  However, if an
30.29 	applicant with a temporary license chooses to practice social
30.30 	work under supervision, the supervision applies to the
30.31 	requirements specified in sections 148D.100 to 148D.125.
30.32 		Subd. 9.Prohibition on practice. An applicant for a
30.33 	temporary license must not practice social work in Minnesota,
30.34 	except as provided in section 148D.065, until the applicant has
30.35 	been granted a temporary license.
30.36 		Subd. 10.Representation of professional status. In
31.1 	making representations of professional status to the public, a
31.2 	licensee with a temporary license must state that the licensee
31.3 	has a temporary license.
31.4 		Subd. 11.Standards of practice. A licensee with a
31.5 	temporary license must conduct all professional activities as a
31.6 	social worker in accordance with the requirements of sections
31.7 	148D.195 to 148D.240.
31.8 		Subd. 12.Ineligibility. An applicant who is currently
31.9 	practicing social work in Minnesota in a setting that is not
31.10 	exempt under section 148D.065 at the time of application is
31.11 	ineligible for a temporary license.
31.12 		Subd. 13.Revocation of temporary license. The board may
31.13 	immediately revoke the temporary license of any licensee who
31.14 	violates any requirements of this section.  The revocation must
31.15 	be made for cause, without notice or opportunity to be heard.  A
31.16 	licensee whose temporary license is revoked must immediately
31.17 	return the temporary license to the board.

31.18 	Sec. 18. [148D.065] EXEMPTIONS.
31.19 		Subdivision 1.Other professionals. Nothing in this
31.20 	chapter may be construed to prevent members of other professions
31.21 	or occupations from performing functions for which they are
31.22 	qualified or licensed.  This exception includes but is not
31.23 	limited to:  licensed physicians, registered nurses, licensed
31.24 	practical nurses, licensed psychologists, psychological
31.25 	practitioners, probation officers, members of the clergy and
31.26 	Christian Science practitioners, attorneys, marriage and family
31.27 	therapists, alcohol and drug counselors, professional
31.28 	counselors, school counselors, and registered occupational
31.29 	therapists or certified occupational therapist assistants.
31.30 	These persons must not, however, hold themselves out to the
31.31 	public by any title or description stating or implying that they
31.32 	are engaged in the practice of social work, or that they are
31.33 	licensed to engage in the practice of social work.  Persons
31.34 	engaged in the practice of social work are not exempt from the
31.35 	board's jurisdiction solely by the use of one of the titles in
31.36 	this subdivision.
32.1 		Subd. 2.Students. An internship, externship, or any
32.2 	other social work experience that is required for the completion
32.3 	of an accredited program of social work does not constitute the
32.4 	practice of social work under this chapter.
32.5 		Subd. 3.Geographic waiver. A geographic waiver may be
32.6 	granted by the board on a case-by-case basis to agencies with
32.7 	special regional hiring problems.  The waiver is for the purpose
32.8 	of permitting agencies to hire individuals who do not meet the
32.9 	qualifications of section 148D.055 or 148D.060 to practice
32.10 	social work.
32.11 		Subd. 4.City, county, and state agency social
32.12 	workers. The licensure of city, county, and state agency social
32.13 	workers is voluntary.  City, county, and state agencies
32.14 	employing social workers are not required to employ licensed
32.15 	social workers.
32.16 		Subd. 5.Federally recognized tribes and private
32.17 	nonprofit agencies with a minority focus. The licensure of
32.18 	social workers who are employed by federally recognized tribes,
32.19 	or by private nonprofit agencies whose primary service focus
32.20 	addresses ethnic minority populations, and who are themselves
32.21 	members of ethnic minority populations within those agencies, is
32.22 	voluntary.

32.23 	Sec. 19. [148D.070] LICENSE RENEWALS.
32.24 		Subdivision 1.License renewal term. (a) If a license is
32.25 	renewed, the license must be renewed for a two-year renewal
32.26 	term.  The renewal term is the period from the effective date of
32.27 	an initial or renewed license to the expiration date of the
32.28 	license.
32.29 	(b) The effective date of a renewed license is the day
32.30 	following the expiration date of the expired license.
32.31 	(c) The expiration date of a renewed license is the last
32.32 	day of the licensee's birth month in the second calendar year
32.33 	following the effective date of the renewed license.
32.34 		Subd. 2.Mailing license renewal notices. The board must
32.35 	mail a notice for license renewal to a licensee at least 45 days
32.36 	before the expiration date of the license.  Mailing the notice
33.1 	by United States mail to the licensee's last known mailing
33.2 	address constitutes valid mailing.  Failure to receive the
33.3 	renewal notice does not relieve a licensee of the obligation to
33.4 	renew a license and to pay the renewal fee.
33.5 		Subd. 3.Submitting license renewal applications. (a) In
33.6 	order to renew a license, a licensee must submit:
33.7 	(1) a completed, signed application for license renewal;
33.8 	and 
33.9 	(2) the applicable renewal fee specified in section
33.10 	148D.180.
33.11 	The completed, signed application and renewal fee must be
33.12 	received by the board prior to midnight of the day of the
33.13 	license expiration date.  For renewals submitted electronically,
33.14 	a "signed application" means providing an attestation as
33.15 	specified by the board.
33.16 	(b) An application which is not completed and signed, or
33.17 	which is not accompanied by the correct fee, must be returned to
33.18 	the applicant, along with any fee submitted, and is void.
33.19 	(c) The completed, signed application must include
33.20 	documentation that the licensee has met the continuing education
33.21 	requirements specified in sections 148D.130 to 148D.170 and, if
33.22 	applicable, the supervised practice requirements specified in
33.23 	sections 148D.100 to 148D.125.
33.24 	(d) By submitting a renewal application, an applicant
33.25 	authorizes the board to:
33.26 	(1) investigate any information provided or requested in
33.27 	the application.  The board may request that the applicant
33.28 	provide additional information, verification, or documentation;
33.29 	(2) conduct an audit to determine if the applicant has met
33.30 	the continuing education requirements specified in sections
33.31 	148D.130 to 148D.170; and 
33.32 	(3) if applicable, conduct an audit to determine whether
33.33 	the applicant has met the supervision requirements specified in
33.34 	sections 148D.100 to 148D.125.
33.35 	(e) If a licensee's application for license renewal meets
33.36 	the requirements specified in paragraph (a), the licensee may
34.1 	continue to practice after the license expiration date until the
34.2 	board approves or denies the application.
34.3 		Subd. 4.Renewal late fee. An application that is
34.4 	received after the license expiration date must be accompanied
34.5 	by the renewal late fee specified in section 148D.180 in
34.6 	addition to the applicable renewal fee.  The application,
34.7 	renewal fee, and renewal late fee must be received by the board
34.8 	within 60 days of the license expiration date, or the license
34.9 	automatically expires.
34.10 		Subd. 5.Expired license. (a) If an application does not
34.11 	meet the requirements specified in subdivisions 3 and 4, the
34.12 	license automatically expires.  A licensee whose license has
34.13 	expired may reactivate a license by meeting the requirements in
34.14 	section 148D.080 or be relicensed by meeting the requirements
34.15 	specified in section 148D.055.
34.16 	(b) The board may take action pursuant to sections 148D.255
34.17 	to 148D.270 based on a licensee's conduct before the expiration
34.18 	of the license.
34.19 	(c) An expired license may be reactivated within one year
34.20 	of the expiration date specified in section 148D.080.  After one
34.21 	year of the expiration date, an individual may apply for a new
34.22 	license pursuant to section 148D.055.

34.23 	Sec. 20. [148D.075] INACTIVE LICENSES.
34.24 		Subdivision 1.Inactive status. (a) A licensee qualifies
34.25 	for inactive status under either of the circumstances described
34.26 	in paragraph (b) or (c).
34.27 	(b) A licensee qualifies for inactive status when the
34.28 	licensee is granted temporary leave from active practice.  A
34.29 	licensee qualifies for temporary leave from active practice if
34.30 	the licensee demonstrates to the satisfaction of the board that
34.31 	the licensee is not engaged in the practice of social work in
34.32 	any setting, including settings in which social workers are
34.33 	exempt from licensure pursuant to section 148D.065.  A licensee
34.34 	who is granted temporary leave from active practice may
34.35 	reactivate the license pursuant to section 148D.080.
34.36 	(c) A licensee qualifies for inactive status when a
35.1 	licensee is granted an emeritus license.  A licensee qualifies
35.2 	for an emeritus license if the licensee demonstrates to the
35.3 	satisfaction of the board that:
35.4 	(i) the licensee is retired from social work practice; and 
35.5 	(ii) the licensee is not engaged in the practice of social
35.6 	work in any setting, including settings in which social workers
35.7 	are exempt from licensure pursuant to section 148D.065.
35.8 	A licensee who possesses an emeritus license may reactivate the
35.9 	license pursuant to section 148D.080.
35.10 		Subd. 2.Application. A licensee may apply for inactive
35.11 	status:
35.12 	(1) at any time by submitting an application for a
35.13 	temporary leave from active practice or for an emeritus license;
35.14 	or 
35.15 	(2) as an alternative to applying for the renewal of a
35.16 	license by so recording on the application for license renewal
35.17 	and submitting the completed, signed application to the board.
35.18 	An application that is not completed or signed, or that is
35.19 	not accompanied by the correct fee, must be returned to the
35.20 	applicant, along with any fee submitted, and is void.  For
35.21 	applications submitted electronically, a "signed application"
35.22 	means providing an attestation as specified by the board.
35.23 		Subd. 3.Fee. (a) Regardless of when the application for
35.24 	inactive status is submitted, the temporary leave or emeritus
35.25 	license fee specified in section 148D.180, whichever is
35.26 	applicable, must accompany the application.  A licensee who is
35.27 	approved for inactive status before the license expiration date
35.28 	is not entitled to receive a refund for any portion of the
35.29 	license or renewal fee.
35.30 	(b) If an application for temporary leave is received after
35.31 	the license expiration date, the licensee must pay a renewal
35.32 	late fee as specified in section 148D.180 in addition to the
35.33 	temporary leave fee.
35.34 		Subd. 4.Time limits for temporary leaves. A licensee
35.35 	may maintain an inactive license on temporary leave for no more
35.36 	than five consecutive years.  If a licensee does not apply for
36.1 	reactivation within 60 days following the end of the consecutive
36.2 	five-year period, the license automatically expires.
36.3 		Subd. 5.Time limits for an emeritus license. A licensee
36.4 	with an emeritus license may not apply for reactivation pursuant
36.5 	to section 148D.080 after five years following the granting of
36.6 	the emeritus license.  However, after five years following the
36.7 	granting of the emeritus license, an individual may apply for
36.8 	new licensure pursuant to section 148D.055.
36.9 		Subd. 6.Prohibition on practice. (a) Except as provided
36.10 	in paragraph (b), a licensee whose license is inactive must not
36.11 	practice, attempt to practice, offer to practice, or advertise
36.12 	or hold out as authorized to practice social work.
36.13 	(b) The board may grant a variance to the requirements of
36.14 	paragraph (a) if a licensee on inactive status provides
36.15 	emergency social work services.  A variance is granted only if
36.16 	the board provides the variance in writing to the licensee.  The
36.17 	board may impose conditions or restrictions on the variance.
36.18 		Subd. 7.Representations of professional status. In
36.19 	making representations of professional status to the public, a
36.20 	licensee whose license is inactive must state that the license
36.21 	is inactive and that the licensee cannot practice social work.
36.22 		Subd. 8.Disciplinary or other action. The board may
36.23 	resolve any pending complaints against a licensee before
36.24 	approving an application for inactive status.  The board may
36.25 	take action pursuant to sections 148D.255 to 148D.270 against a
36.26 	licensee whose license is inactive based on conduct occurring
36.27 	before the license is inactive or conduct occurring while the
36.28 	license is inactive.

36.29 	Sec. 21. [148D.080] REACTIVATIONS.
36.30 		Subdivision 1.Mailing notices to licensees on temporary
36.31 	leave. The board must mail a notice for reactivation to a
36.32 	licensee on temporary leave at least 45 days before the
36.33 	expiration date of the license pursuant to section 148D.075,
36.34 	subdivision 4.  Mailing the notice by United States mail to the
36.35 	licensee's last known mailing address constitutes valid
36.36 	mailing.  Failure to receive the reactivation notice does not
37.1 	relieve a licensee of the obligation to comply with the
37.2 	provisions of this section to reactivate a license.
37.3 		Subd. 2.Reactivation from a temporary leave or emeritus
37.4 	status. To reactivate a license from a temporary leave or
37.5 	emeritus status, a licensee must do the following within the
37.6 	time period specified in section 148D.075, subdivisions 4 and 5:
37.7 	(1) complete an application form specified by the board;
37.8 	(2) document compliance with the continuing education
37.9 	requirements specified in subdivision 4;
37.10 	(3) submit a supervision plan, if required;
37.11 	(4) pay the reactivation of an inactive licensee fee
37.12 	specified in section 148D.180; and 
37.13 	(5) pay the wall certificate fee in accordance with section
37.14 	148D.095, subdivision 1, paragraph (b) or (c), if the licensee
37.15 	needs a duplicate license.
37.16 		Subd. 3.Reactivation of an expired license. To
37.17 	reactivate an expired license, a licensee must do the following
37.18 	within one year of the expiration date:
37.19 	(1) complete an application form specified by the board;
37.20 	(2) document compliance with the continuing education
37.21 	requirements that were in effect at the time the license
37.22 	expired;
37.23 	(3) document compliance with the supervision requirements,
37.24 	if applicable, that were in effect at the time the license
37.25 	expired; and 
37.26 	(4) pay the reactivation of an expired license fee
37.27 	specified in section 148D.180.
37.28 		Subd. 4.Continuing education requirements. (a) A
37.29 	licensee who is on temporary leave or who has an emeritus
37.30 	license must obtain the continuing education hours that would be
37.31 	required if the license was active.  At the time of
37.32 	reactivation, the licensee must document compliance with the
37.33 	continuing education requirements specified in sections 148D.130
37.34 	to 148D.170.
37.35 	(b) A licensee applying for reactivation pursuant to
37.36 	subdivision 2 or 3 may apply for a variance to the continuing
38.1 	education requirements pursuant to sections 148D.130 to 148D.170.
38.2 		Subd. 5.Reactivation of a voluntarily terminated
38.3 	license. To reactivate a voluntarily terminated license, a
38.4 	licensee must do the following within one year of the date the
38.5 	voluntary termination takes effect:
38.6 	(1) complete an application form specified by the board;
38.7 	(2) document compliance with the continued education
38.8 	requirements that were in effect at the time the license was
38.9 	voluntarily terminated;
38.10 	(3) document compliance with the supervision requirements,
38.11 	if applicable, that were in effect at the time the license was
38.12 	voluntarily terminated; and 
38.13 	(4) pay the reactivation of an expired or voluntarily
38.14 	terminated license fee specified in section 148D.180.

38.15 	Sec. 22. [148D.085] VOLUNTARY TERMINATIONS.
38.16 		Subdivision 1.Requests for voluntary termination. (a) A
38.17 	licensee may request voluntary termination of a license if the
38.18 	licensee demonstrates to the satisfaction of the board that the
38.19 	licensee is not engaged in the practice of social work in any
38.20 	setting except settings in which social workers are exempt from
38.21 	licensure pursuant to section 148D.065.
38.22 	(b) A licensee may apply for voluntary termination:
38.23 	(1) at any time by submitting an application; or 
38.24 	(2) as an alternative to applying for the renewal of a
38.25 	license by so recording on the application for license renewal
38.26 	and submitting the completed, signed application to the board.
38.27 	For applications submitted electronically, a "signed
38.28 	application" means providing an attestation as specified by the
38.29 	board.  An application that is not completed and signed must be
38.30 	returned to the applicant and is void.
38.31 	(c) The board may resolve any pending complaints against a
38.32 	licensee before approving a request for voluntary termination.
38.33 		Subd. 2.Application for new licensure. A licensee who
38.34 	has voluntarily terminated a license may not reactivate the
38.35 	license after one year following the date the voluntary
38.36 	termination takes effect.  However, a licensee who has
39.1 	voluntarily terminated a license may apply for a new license
39.2 	pursuant to section 148D.055.
39.3 		Subd. 3.Prohibition on practice. A licensee who has
39.4 	voluntarily terminated a license must not practice, attempt to
39.5 	practice, offer to practice, or advertise or hold out as
39.6 	authorized to practice social work, except when the individual
39.7 	is exempt from licensure pursuant to section 148D.065.
39.8 		Subd. 4.Disciplinary or other action. The board may
39.9 	take action pursuant to sections 148D.255 to 148D.270 against a
39.10 	licensee whose license has been terminated based on conduct
39.11 	occurring before the license is terminated or for practicing
39.12 	social work without a license.

39.13 	Sec. 23. [148D.090] NAME; CHANGE OF NAME OR ADDRESS.
39.14 		Subdivision 1.Name. A licensee must use the licensee's
39.15 	legal name or a professional name.  If the licensee uses a
39.16 	professional name, the licensee must inform the board in writing
39.17 	of both the licensee's professional name and legal name and must
39.18 	comply with the requirements of this section.
39.19 		Subd. 2.Legal name change. Within 30 days after
39.20 	changing the licensee's legal name, a licensee must:
39.21 	(1) request a new license wall certificate;
39.22 	(2) provide legal verification of the name change; and 
39.23 	(3) pay the license wall certificate fee specified in
39.24 	section 148D.180.
39.25 		Subd. 3.Professional name change. Within 30 days after
39.26 	changing the licensee's professional name, a licensee must:
39.27 	(1) request a new license wall certificate;
39.28 	(2) provide a notarized statement attesting to the name
39.29 	change; and 
39.30 	(3) pay the license wall certificate fee specified in
39.31 	section 148D.180.
39.32 		Subd. 4.Address or telephone change. When a licensee
39.33 	changes a mailing address, home address, work address, e-mail
39.34 	address, or daytime public telephone number, the licensee must
39.35 	notify the board of the change electronically or in writing no
39.36 	more than 30 days after the date of the change.

40.1 	Sec. 24. [148D.095] LICENSE CERTIFICATE OR CARD.
40.2 		Subdivision 1.License wall certificate. (a) The board
40.3 	must issue a new license wall certificate when the board issues
40.4 	a new license.  No fee in addition to the applicable license fee
40.5 	specified in section 148D.180 is required.
40.6 	(b) The board must replace a license wall certificate when:
40.7 	(1) a licensee submits an affidavit to the board that the
40.8 	original license wall certificate was lost, stolen, or
40.9 	destroyed; and 
40.10 	(2) the licensee submits the license wall certificate fee
40.11 	specified in section 148D.180.
40.12 	(c) The board must issue a revised license wall certificate
40.13 	when:
40.14 	(1) a licensee requests a revised license wall certificate
40.15 	pursuant to section 148D.095; and 
40.16 	(2) submits the license wall certificate fee specified in
40.17 	section 148D.180.
40.18 	(d) The board must issue an additional license wall
40.19 	certificate when:
40.20 	(1) a licensee submits a written request for a new
40.21 	certificate because the licensee practices in more than one
40.22 	location; and 
40.23 	(2) the licensee submits the license wall certificate fee
40.24 	specified in section 148D.180.
40.25 		Subd. 2.License card. (a) The board must issue a new
40.26 	license card when the board issues a new license.  No fee in
40.27 	addition to the applicable license fee specified in section
40.28 	148D.180 is required.
40.29 	(b) The board must replace a license card when a licensee
40.30 	submits:
40.31 	(1) an affidavit to the board that the original license
40.32 	card was lost, stolen, or destroyed; and 
40.33 	(2) the license card fee specified in section 148D.180.
40.34 	(c) The board must issue a revised license card when the
40.35 	licensee submits a written request for a new license wall
40.36 	certificate because of a new professional or legal name pursuant
41.1 	to section 148D.090, subdivision 2 or 3.  No fee in addition to
41.2 	the one specified in subdivision 1, paragraph (b), is required.

41.3 	Sec. 25. [148D.100] LICENSED SOCIAL WORKERS; SUPERVISED
41.4 	PRACTICE.
41.5 		Subdivision 1.Supervision required after licensure.
 41.6 	After receiving a license from the board as a licensed social
41.7 	worker, the licensed social worker must obtain at least 75 hours
41.8 	of supervision in accordance with the requirements of this
41.9 	section.
41.10 		Subd. 2.Practice requirements. The supervision required
41.11 	by subdivision 1 must be obtained during the first 4,000 hours
41.12 	of postbaccalaureate social work practice authorized by law.  At
41.13 	least three hours of supervision must be obtained during every
41.14 	160 hours of practice.
41.15 		Subd. 3.Types of supervision. (a) Thirty-seven and
41.16 	one-half hours of the supervision required by subdivision 1 must
41.17 	consist of one-on-one in-person supervision.
41.18 	(b) Thirty-seven and one-half hours must consist of one or
41.19 	more of the following types of supervision, subject to the
41.20 	limitation in clause (3):
41.21 	(1) one-on-one in-person supervision;
41.22 	(2) in-person group supervision; or 
41.23 	(3) electronic supervision such as by telephone or video
41.24 	conferencing, provided that electronic supervision must not
41.25 	exceed 25 hours.
41.26 	(c) To qualify as in-person group supervision, the group
41.27 	must not exceed seven members including the supervisor.
41.28 		Subd. 4.Supervisor requirements. The supervision
41.29 	required by subdivision 1 must be provided by a supervisor who:
41.30 	(1) is a licensed social worker who has completed the
41.31 	supervised practice requirements;
41.32 	(2) is a licensed graduate social worker, licensed
41.33 	independent social worker, or licensed independent clinical
41.34 	social worker; or 
41.35 	(3) meets the requirements specified in section 148D.120,
41.36 	subdivision 2.
42.1 		Subd. 5.Supervisee requirements. The supervisee must:
42.2 	(1) to the satisfaction of the supervisor, practice
42.3 	competently and ethically in accordance with professional social
42.4 	work knowledge, skills, and values;
42.5 	(2) receive supervision in the following content areas:
42.6 	(i) development of professional values and
42.7 	responsibilities;
42.8 	(ii) practice skills;
42.9 	(iii) authorized scope of practice;
42.10 	(iv) ensuring continuing competence; and 
42.11 	(v) ethical standards of practice;
42.12 	(3) submit a supervision plan in accordance with section
42.13 	148D.125, subdivision 1; and 
42.14 	(4) if the board audits the supervisee's supervised
42.15 	practice, submit verification of supervised practice in
42.16 	accordance with section 148D.125, subdivision 3.
42.17 		Subd. 6.After completion of supervision requirements. A
42.18 	licensed social worker who fulfills the supervision requirements
42.19 	specified in subdivisions 1 to 5 is not required to be
42.20 	supervised after completion of the supervision requirements.
42.21 		Subd. 7.Attestation. The social worker and the social
42.22 	worker's supervisor must attest that the supervisee has met or
42.23 	has made progress on meeting the applicable supervision
42.24 	requirements in accordance with section 148D.125, subdivision 2.

42.25 	Sec. 26. [148D.105] LICENSED GRADUATE SOCIAL WORKERS;
42.26 	SUPERVISED PRACTICE.
42.27 		Subdivision 1.Supervision required after
42.28 	licensure. After receiving a license from the board as a
42.29 	licensed graduate social worker, a licensed graduate social
42.30 	worker must obtain at least 75 hours of supervision in
42.31 	accordance with the requirements of this section.
42.32 		Subd. 2.Practice requirements. The supervision required
42.33 	by subdivision 1 must be obtained during the first 4,000 hours
42.34 	of postgraduate social work practice authorized by law.  At
42.35 	least three hours of supervision must be obtained during every
42.36 	160 hours of practice.
43.1 		Subd. 3.Types of supervision. (a) Thirty-seven and
43.2 	one-half hours of the supervision required by subdivision 1 must
43.3 	consist of one-on-one in-person supervision.
43.4 	(b) Thirty-seven and one-half hours must consist of one or
43.5 	more of the following types of supervision, subject to the
43.6 	limitation in clause (3):
43.7 	(1) one-on-one in-person supervision;
43.8 	(2) in-person group supervision; or 
43.9 	(3) electronic supervision such as by telephone or video
43.10 	conferencing, provided that electronic supervision must not
43.11 	exceed 25 hours.
43.12 	(c) To qualify as in-person group supervision, the group
43.13 	must not exceed seven members including the supervisor.
43.14 		Subd. 4.Supervisor requirements. The supervision
43.15 	required by subdivision 1 must be provided by a supervisor who
43.16 	meets the requirements specified in section 148D.120.  The
43.17 	supervision must be provided:
43.18 	(1) if the supervisee is not engaged in clinical practice,
43.19 	by a (i) licensed independent social worker, (ii) licensed
43.20 	graduate social worker who has completed the supervised practice
43.21 	requirements, or (iii) licensed independent clinical social
43.22 	worker;
43.23 	(2) if the supervisee is engaged in clinical practice, by a
43.24 	licensed independent clinical social worker; or 
43.25 	(3) by a supervisor who meets the requirements specified in
43.26 	section 148D.120, subdivision 2.
43.27 		Subd. 5.Supervisee requirements. The supervisee must:
43.28 	(1) to the satisfaction of the supervisor, practice
43.29 	competently and ethically in accordance with professional social
43.30 	work knowledge, skills, and values;
43.31 	(2) receive supervision in the following content areas:
43.32 	(i) development of professional values and
43.33 	responsibilities;
43.34 	(ii) practice skills;
43.35 	(iii) authorized scope of practice;
43.36 	(iv) ensuring continuing competence; and 
44.1 	(v) ethical standards of practice;
44.2 	(3) submit a supervision plan in accordance with section
44.3 	148D.125, subdivision 1; and 
44.4 	(4) verify supervised practice in accordance with section
44.5 	148D.125, subdivision 3, if:
44.6 	(i) the board audits the supervisee's supervised practice;
44.7 	or 
44.8 	(ii) a licensed graduate social worker applies for a
44.9 	licensed independent social worker or licensed independent
44.10 	clinical social worker license.
44.11 		Subd. 6.Licensed graduate social workers who practice
44.12 	clinical social work. (a) A licensed graduate social worker
44.13 	must not engage in clinical social work practice except under
44.14 	supervision by a licensed independent clinical social worker or
44.15 	an alternate supervisor designated pursuant to section 148D.120,
44.16 	subdivision 2.
44.17 	(b) Except as provided in paragraph (c), a licensed
44.18 	graduate social worker must not engage in clinical social work
44.19 	practice under supervision for more than 8,000 hours.  In order
44.20 	to practice clinical social work for more than 8,000 hours, a
44.21 	licensed graduate social worker must obtain a licensed
44.22 	independent clinical social worker license.
44.23 	(c) Notwithstanding the requirements of paragraph (b), the
44.24 	board may grant a licensed graduate social worker permission to
44.25 	engage in clinical social work practice for more than 8,000
44.26 	hours if the licensed graduate social worker petitions the board
44.27 	and demonstrates to the board's satisfaction that for reasons of
44.28 	personal hardship the licensed graduate social worker should be
44.29 	granted an extension to continue practicing clinical social work
44.30 	under supervision for up to an additional 2,000 hours.
44.31 	(d) Upon completion of 4,000 hours of clinical social work
44.32 	practice and 75 hours of supervision in accordance with the
44.33 	requirements of this section, a licensed graduate social worker
44.34 	is eligible to apply for a licensed independent clinical social
44.35 	worker license pursuant to section 148D.115, subdivision 1.
44.36 		Subd. 7.Licensed graduate social workers who do not
45.1 	practice clinical social work. A licensed graduate social
45.2 	worker who fulfills the supervision requirements specified in
45.3 	subdivisions 1 to 5, and who does not practice clinical social
45.4 	work, is not required to be supervised after completion of the
45.5 	supervision requirements.
45.6 		Subd. 8.Attestation. A social worker and the social
45.7 	worker's supervisor must attest that the supervisee has met or
45.8 	has made progress on meeting the applicable supervision
45.9 	requirements in accordance with section 148D.125, subdivision 2.

45.10 	Sec. 27. [148D.110] LICENSED INDEPENDENT SOCIAL WORKERS;
45.11 	SUPERVISED PRACTICE.
45.12 		Subdivision 1.Supervision required before
45.13 	licensure. Before becoming licensed as a licensed independent
45.14 	social worker, a person must have obtained at least 75 hours of
45.15 	supervision during 4,000 hours of postgraduate social work
45.16 	practice authorized by law in accordance with the requirements
45.17 	of section 148D.105, subdivisions 3, 4, and 5.  At least three
45.18 	hours of supervision must be obtained during every 160 hours of
45.19 	practice.
45.20 		Subd. 2.Licensed independent social workers who practice
45.21 	clinical social work after licensure. (a) After licensure, a
45.22 	licensed independent social worker must not engage in clinical
45.23 	social work practice except under supervision by a licensed
45.24 	independent clinical social worker or an alternate supervisor
45.25 	designated pursuant to section 148D.120, subdivision 2.
45.26 	(b) Except as provided in paragraph (c), a licensed
45.27 	independent social worker must not engage in clinical social
45.28 	work practice under supervision for more than 8,000 hours.  In
45.29 	order to practice clinical social work for more than 8,000
45.30 	hours, a licensed independent social worker must obtain a
45.31 	licensed independent clinical social worker license.
45.32 	(c) Notwithstanding the requirements of paragraph (b), the
45.33 	board may grant a licensed independent social worker permission
45.34 	to engage in clinical social work practice for more than 8,000
45.35 	hours if the licensed independent social worker petitions the
45.36 	board and demonstrates to the board's satisfaction that for
46.1 	reasons of personal hardship the licensed independent social
46.2 	worker should be granted an extension to continue practicing
46.3 	clinical social work under supervision for up to an additional
46.4 	2,000 hours.
46.5 		Subd. 3.Licensed independent social workers who do not
46.6 	practice clinical social work after licensure. After licensure,
46.7 	a licensed independent social worker is not required to be
46.8 	supervised if the licensed independent social worker does not
46.9 	practice clinical social work.

46.10 	Sec. 28. [148D.115] LICENSED INDEPENDENT CLINICAL SOCIAL
46.11 	WORKERS; SUPERVISED PRACTICE.
46.12 		Subdivision 1.Supervision required before
46.13 	licensure. Before becoming licensed as a licensed independent
46.14 	clinical social worker, a person must have obtained at least 75
46.15 	hours of supervision during 4,000 hours of postgraduate clinical
46.16 	practice authorized by law in accordance with the requirements
46.17 	of section 148D.105, subdivisions 3, 4, and 5.  At least three
46.18 	hours of supervision must be obtained during every 160 hours of
46.19 	practice.
46.20 		Subd. 2.No supervision required after licensure. After
46.21 	licensure, a licensed independent clinical social worker is not
46.22 	required to be supervised.

46.23 	Sec. 29. [148D.120] REQUIREMENTS OF SUPERVISORS.
46.24 		Subdivision 1.Supervisors licensed as social workers.
 46.25 	(a) Except as provided in paragraph (b), to be eligible to
46.26 	provide supervision under this section, a social worker must
46.27 	attest, on a form provided by the board, that he or she has met
46.28 	the applicable licensure requirements specified in sections
46.29 	148D.100 to 148D.115.
46.30 	(b) If the board determines that supervision is not
46.31 	obtainable from an individual meeting the requirements specified
46.32 	in paragraph (a), the board may approve an alternate supervisor
46.33 	pursuant to subdivision 2.
46.34 		Subd. 2.Alternate supervisors. (a) The board may
46.35 	approve an alternate supervisor if:
46.36 	(1) the board determines that supervision is not obtainable
47.1 	pursuant to paragraph (b);
47.2 	(2) the licensee requests in the supervision plan submitted
47.3 	pursuant to section 148D.125, subdivision 1, that an alternate
47.4 	supervisor conduct the supervision;
47.5 	(3) the licensee describes the proposed supervision and the
47.6 	name and qualifications of the proposed alternate supervisor;
47.7 	and 
47.8 	(4) the requirements of paragraph (d) are met.
47.9 	(b) The board may determine that supervision is not
47.10 	obtainable if:
47.11 	(1) the licensee provides documentation as an attachment to
47.12 	the supervision plan submitted pursuant to section 148D.125,
47.13 	subdivision 1, that the licensee has conducted a thorough search
47.14 	for a supervisor meeting the applicable licensure requirements
47.15 	specified in sections 148D.100 to 148D.115;
47.16 	(2) the licensee demonstrates to the board's satisfaction
47.17 	that the search was unsuccessful; and 
47.18 	(3) the licensee describes the extent of the search and the
47.19 	names and locations of the persons and organizations contacted.
47.20 	(c) The following are not grounds for a determination that
47.21 	supervision is unobtainable:
47.22 	(1) obtaining a supervisor who meets the requirements of
47.23 	subdivision 1 would present the licensee with a financial
47.24 	hardship;
47.25 	(2) the licensee is unable to obtain a supervisor who meets
47.26 	the requirements of subdivision 1 within the licensee's agency
47.27 	or organization and the agency or organization will not allow
47.28 	outside supervision; or 
47.29 	(3) the specialized nature of the licensee's practice
47.30 	requires supervision from a practitioner other than an
47.31 	individual licensed as a social worker.
47.32 	(d) An alternate supervisor must:
47.33 	(1) be an unlicensed social worker who is employed in, and
47.34 	provides the supervision in, a setting exempt from licensure by
47.35 	section 148D.065, and who has qualifications equivalent to the
47.36 	applicable requirements specified in sections 148D.100 to
48.1 	148D.115; or 
48.2 	(2) be a licensed marriage and family therapist or a mental
48.3 	health professional as established by section 245.462,
48.4 	subdivision 18, or 245.4871, subdivision 27, or an equivalent
48.5 	mental health professional, as determined by the board, who is
48.6 	licensed or credentialed by a state, territorial, provincial, or
48.7 	foreign licensing agency.
48.8 	In order to qualify to provide clinical supervision of a
48.9 	licensed graduate social worker or licensed independent social
48.10 	worker engaged in clinical practice, the alternate supervisor
48.11 	must be a mental health professional as established by section
48.12 	245.462, subdivision 18, or 245.4871, subdivision 27, or an
48.13 	equivalent mental health professional, as determined by the
48.14 	board, who is licensed or credentialed by a state, territorial,
48.15 	provincial, or foreign licensing agency.

48.16 	Sec. 30. [148D.125] DOCUMENTATION OF SUPERVISION.
48.17 		Subdivision 1.Supervision plan. (a) A social worker
48.18 	must submit, on a form provided by the board, a supervision plan
48.19 	for meeting the supervision requirements specified in sections
48.20 	148D.100 to 148D.120.
48.21 	(b) The supervision plan must be submitted no later than 90
48.22 	days after the licensee begins a social work practice position
48.23 	after becoming licensed.
48.24 	(c) For failure to submit the supervision plan within 90
48.25 	days after beginning a social work practice position, a licensee
48.26 	must pay the supervision plan late fee specified in section
48.27 	148D.180 when the licensee applies for license renewal.
48.28 	(d) A license renewal application submitted pursuant to
48.29 	paragraph (a) must not be approved unless the board has received
48.30 	a supervision plan.
48.31 	(e) The supervision plan must include the following:
48.32 	(1) the name of the supervisee, the name of the agency in
48.33 	which the supervisee is being supervised, and the supervisee's
48.34 	position title;
48.35 	(2) the name and qualifications of the person providing the
48.36 	supervision;
49.1 	(3) the number of hours of one-on-one in-person supervision
49.2 	and the number and type of additional hours of supervision to be
49.3 	completed by the supervisee;
49.4 	(4) the supervisee's position description;
49.5 	(5) a brief description of the supervision the supervisee
49.6 	will receive in the following content areas:
49.7 	(i) clinical practice, if applicable;
49.8 	(ii) development of professional social work knowledge,
49.9 	skills, and values;
49.10 	(iii) practice methods;
49.11 	(iv) authorized scope of practice;
49.12 	(v) ensuring continuing competence; and 
49.13 	(vi) ethical standards of practice; and 
49.14 	(6) if applicable, a detailed description of the
49.15 	supervisee's clinical social work practice, addressing:
49.16 	(i) the client population, the range of presenting issues,
49.17 	and the diagnoses;
49.18 	(ii) the clinical modalities that were utilized; and 
49.19 	(iii) the process utilized for determining clinical
49.20 	diagnoses, including the diagnostic instruments used and the
49.21 	role of the supervisee in the diagnostic process.
49.22 	(f) The board must receive a revised supervision plan
49.23 	within 90 days of any of the following changes:
49.24 	(1) the supervisee has a new supervisor;
49.25 	(2) the supervisee begins a new social work position;
49.26 	(3) the scope or content of the supervisee's social work
49.27 	practice changes substantially;
49.28 	(4) the number of practice or supervision hours changes
49.29 	substantially; or 
49.30 	(5) the type of supervision changes as supervision is
49.31 	described in section 148D.100, subdivision 3, or 148D.105,
49.32 	subdivision 3, or as required in section 148D.115, subdivision 4.
49.33 	(g) For failure to submit a revised supervised plan as
49.34 	required in paragraph (f), a supervisee must pay the supervision
49.35 	plan late fee specified in section 148D.180, when the supervisee
49.36 	applies for license renewal.
50.1 	(h) The board must approve the supervisor and the
50.2 	supervision plan.
50.3 		Subd. 2.Attestation. (a) When a supervisee submits
50.4 	renewal application materials to the board, the supervisee and
50.5 	supervisor must submit an attestation providing the following
50.6 	information on a form provided by the board:
50.7 	(1) the name of the supervisee, the name of the agency in
50.8 	which the supervisee is being supervised, and the supervisee's
50.9 	position title;
50.10 	(2) the name and qualifications of the supervisor;
50.11 	(3) the number of hours and dates of each type of
50.12 	supervision completed;
50.13 	(4) the supervisee's position description;
50.14 	(5) a declaration that the supervisee has not engaged in
50.15 	conduct in violation of the standards of practice specified in
50.16 	sections 148D.195 to 148D.240;
50.17 	(6) a declaration that the supervisee has practiced
50.18 	competently and ethically in accordance with professional social
50.19 	work knowledge, skills, and values; and 
50.20 	(7) a list of the content areas in which the supervisee has
50.21 	received supervision, including the following:
50.22 	(i) clinical practice, if applicable;
50.23 	(ii) development of professional social work knowledge,
50.24 	skills, and values;
50.25 	(iii) practice methods;
50.26 	(iv) authorized scope of practice;
50.27 	(v) ensuring continuing competence; and 
50.28 	(vi) ethical standards of practice.
50.29 	(b) The information provided on the attestation form must
50.30 	demonstrate to the board's satisfaction that the supervisee has
50.31 	met or has made progress on meeting the applicable supervised
50.32 	practice requirements.
50.33 		Subd. 3.Verification of supervised practice. (a) In
50.34 	addition to receiving the attestation required pursuant to
50.35 	subdivision 2, the board must receive verification of supervised
50.36 	practice if:
51.1 	(1) the board audits the supervision of a supervisee
51.2 	pursuant to section 148D.070, subdivision 3; or 
51.3 	(2) an applicant applies for a license as a licensed
51.4 	independent social worker or as a licensed independent clinical
51.5 	social worker.
51.6 	(b) When verification of supervised practice is required
51.7 	pursuant to paragraph (a), the board must receive from the
51.8 	supervisor the following information on a form provided by the
51.9 	board:
51.10 	(1) the name of the supervisee, the name of the agency in
51.11 	which the supervisee is being supervised, and the supervisee's
51.12 	position title;
51.13 	(2) the name and qualifications of the supervisor;
51.14 	(3) the number of hours and dates of each type of
51.15 	supervision completed;
51.16 	(4) the supervisee's position description;
51.17 	(5) a declaration that the supervisee has not engaged in
51.18 	conduct in violation of the standards of practice specified in
51.19 	sections 148D.195 to 148D.240;
51.20 	(6) a declaration that the supervisee has practiced
51.21 	ethically and competently in accordance with professional social
51.22 	work knowledge, skills, and values;
51.23 	(7) a list of the content areas in which the supervisee has
51.24 	received supervision, including the following:
51.25 	(i) clinical practice, if applicable;
51.26 	(ii) development of professional social work knowledge,
51.27 	skills, and values;
51.28 	(iii) practice methods;
51.29 	(iv) authorized scope of practice;
51.30 	(v) ensuring continuing competence; and 
51.31 	(vi) ethical standards of practice; and 
51.32 	(8) if applicable, a detailed description of the
51.33 	supervisee's clinical social work practice, addressing:
51.34 	(i) the client population, the range of presenting issues,
51.35 	and the diagnoses;
51.36 	(ii) the clinical modalities that were utilized; and 
52.1 	(iii) the process utilized for determining clinical
52.2 	diagnoses, including the diagnostic instruments used and the
52.3 	role of the supervisee in the diagnostic process.
52.4 	(c) The information provided on the verification form must
52.5 	demonstrate to the board's satisfaction that the supervisee has
52.6 	met the applicable supervised practice requirements.
52.7 		Subd. 4.Alternative verification of supervised
52.8 	practice. Notwithstanding the requirements of subdivision 3,
52.9 	the board may accept alternative verification of supervised
52.10 	practice if a supervisee demonstrates to the satisfaction of the
52.11 	board that the supervisee is unable to locate a former
52.12 	supervisor to provide the required information.

52.13 	Sec. 31. [148D.130] CLOCK HOURS REQUIRED.
52.14 		Subdivision 1.Total clock hours required. At the time
52.15 	of license renewal, a licensee must provide evidence
52.16 	satisfactory to the board that the licensee has, during the
52.17 	renewal term, completed at least 30 clock hours of continuing
52.18 	education.
52.19 		Subd. 2.Ethics requirement. At least two of the clock
52.20 	hours required under subdivision 1 must be in social work ethics.
52.21 		Subd. 3.Independent study. Independent study must not
52.22 	consist of more than ten clock hours of continuing education per
52.23 	renewal term.  Independent study must be for publication, public
52.24 	presentation, or professional development.  Independent study
52.25 	includes, but is not limited to, electronic study.
52.26 		Subd. 4.Coursework. One credit of coursework in a
52.27 	semester-based academic institution is the equivalent of 15
52.28 	clock hours.
52.29 		Subd. 5.Prorated renewal term. If the licensee's
52.30 	renewal term is prorated to be less or more than 24 months, the
52.31 	required number of continuing education clock hours is prorated
52.32 	proportionately.

52.33 	Sec. 32. [148D.135] APPROVAL OF CLOCK HOURS.
52.34 		Subdivision 1.Ways of approving clock hours. The clock
52.35 	hours required under section 148D.130 must be approved in one or
52.36 	more of the following ways:
53.1 	(1) the hours must be offered by a continuing education
53.2 	provider approved by the board;
53.3 	(2) the hours must be offered by a continuing education
53.4 	provider approved by the Association of Social Work Boards or a
53.5 	similar examination body designated by the board;
53.6 	(3) the hours must be earned through a continuing education
53.7 	program approved by the National Association of Social Workers;
53.8 	or 
53.9 	(4) the hours must be earned through a continuing education
53.10 	program approved by the board.
53.11 		Subd. 2.Preapproval not required. Providers and
53.12 	programs are not required to be preapproved but must meet the
53.13 	requirements specified in this section.

53.14 	Sec. 33. [148D.140] VARIANCES.
53.15 	The board may grant a variance to the continuing education
53.16 	requirements specified in section 148D.130, when a licensee
53.17 	demonstrates to the satisfaction of the board that the licensee
53.18 	is unable to complete the required number of clock hours during
53.19 	the renewal term.  The board may allow a licensee to complete
53.20 	the required number of clock hours within a time frame specified
53.21 	by the board.  The board must not allow a licensee to complete
53.22 	less than the required number of clock hours.

53.23 	Sec. 34. [148D.145] CONTINUING EDUCATION PROVIDERS
53.24 	APPROVED BY THE BOARD.
53.25 		Subdivision 1.Board approval. (a) The board must
53.26 	approve a continuing education provider who:
53.27 	(1) submits a completed application to the board which
53.28 	provides the information required by subdivision 2 and which
53.29 	meets the criteria specified in subdivision 3; and 
53.30 	(2) pays the provider fee specified in section 148D.180.
53.31 	(b) An approval is valid for programs offered no later than
53.32 	one year from the date the application is approved by the board.
53.33 		Subd. 2.Information required. The information that must
53.34 	be provided to the board includes, but is not limited to, the
53.35 	following:
53.36 	(1) the name of the continuing education provider;
54.1 	(2) the address, telephone number, and e-mail address of a
54.2 	contact person for the provider;
54.3 	(3) a signed statement that indicates the provider
54.4 	understands and agrees to abide by the criteria specified in
54.5 	subdivision 3; and 
54.6 	(4) a signed statement that indicates the provider agrees
54.7 	to furnish a certificate of attendance to each participant in a
54.8 	program offered by the provider.
54.9 		Subd. 3.Criteria for programs offered by continuing
54.10 	education providers. (a) A continuing education provider must
54.11 	employ the following criteria in determining whether to offer a
54.12 	continuing education program:
54.13 	(1) whether the material to be presented will promote the
54.14 	standards of practice described in sections 148D.195 to
54.15 	148D.240;
54.16 	(2) whether the material to be presented will contribute to
54.17 	the practice of social work as defined in section 148D.010;
54.18 	(3) whether the material to be presented is intended for
54.19 	the benefit of practicing social workers; and 
54.20 	(4) whether the persons presenting the program are
54.21 	qualified in the subject matter being presented.
54.22 	(b) The material presented must not be primarily procedural
54.23 	or primarily oriented towards business practices or
54.24 	self-development.
54.25 		Subd. 4.Audits. (a) The board may audit programs
54.26 	offered by a continuing education provider approved by the board
54.27 	to determine compliance with the requirements of this section.
54.28 	(b) A continuing education provider audited by the board
54.29 	must provide the documentation specified in subdivision 5.
54.30 		Subd. 5.Information required to be maintained by
54.31 	continuing education providers. For three years following the
54.32 	end of each program offered by a continuing education provider,
54.33 	the provider must maintain the following information:
54.34 	(1) the title of the program;
54.35 	(2) a description of the content and objectives of the
54.36 	program;
55.1 	(3) the date of the program;
55.2 	(4) the number of clock hours credited for participation in
55.3 	the program;
55.4 	(5) the program location;
55.5 	(6) the names and qualifications of the primary presenters;
55.6 	(7) a description of the primary audience the program was
55.7 	designed for; and 
55.8 	(8) a list of the participants in the program.

55.9 	Sec. 35. [148D.150] CONTINUING EDUCATION PROVIDERS
55.10 	APPROVED BY THE ASSOCIATION OF SOCIAL WORK BOARDS.
55.11 	In order to receive credit for a program offered by a
55.12 	continuing education provider approved by the Association of
55.13 	Social Work Boards or a similar examination body designated by
55.14 	the board, the provider must be listed on the Association of
55.15 	Social Work Boards Web site as a provider currently approved by
55.16 	the Association of Social Work Boards or a similar examination
55.17 	body designated by the board.

55.18 	Sec. 36. [148D.155] CONTINUING EDUCATION PROGRAMS
55.19 	APPROVED BY THE NATIONAL ASSOCIATION OF SOCIAL WORKERS.
55.20 	In order to receive credit for a program approved by the
55.21 	National Association of Social Workers, the program must be
55.22 	listed on the National Association of Social Workers Web site as
55.23 	a program currently approved by the National Association of
55.24 	Social Workers.

55.25 	Sec. 37. [148D.160] CONTINUING EDUCATION PROGRAMS
55.26 	APPROVED BY THE BOARD.
55.27 		Subdivision 1.Required program content. In order to be
55.28 	approved by the board, a continuing education program must:
55.29 	(1) promote the standards of practice described in sections
55.30 	148D.195 to 148D.240;
55.31 	(2) contribute to the practice of social work as defined in
55.32 	section 148D.010; and 
55.33 	(3) not be primarily procedural or be primarily oriented
55.34 	towards business practices or self-development.
55.35 		Subd. 2.Types of continuing education programs. In
55.36 	order to be approved by the board, a continuing education
56.1 	program must be one of the following:  academic coursework
56.2 	offered by an institution of higher learning; educational
56.3 	workshops, seminars, or conferences offered by an organization
56.4 	or individual; staff training offered by a public or private
56.5 	employer; or independent study.

56.6 	Sec. 38. [148D.165] CONTINUING EDUCATION REQUIREMENTS OF
56.7 	LICENSEES.
56.8 		Subdivision 1.Information required to be maintained by
56.9 	licensees. For one year following the expiration date of a
56.10 	license, the licensee must maintain documentation of clock hours
56.11 	earned during the previous renewal term.  The documentation must
56.12 	include the following:
56.13 	(1) for educational workshops or seminars offered by an
56.14 	organization or at a conference, a copy of the certificate of
56.15 	attendance issued by the presenter or sponsor giving the
56.16 	following information:
56.17 	(i) the name of the sponsor or presenter of the program;
56.18 	(ii) the title of the workshop or seminar;
56.19 	(iii) the dates the licensee participated in the program;
56.20 	and 
56.21 	(iv) the number of clock hours completed;
56.22 	(2) for academic coursework offered by an institution of
56.23 	higher learning, a copy of a transcript giving the following
56.24 	information:
56.25 	(i) the name of the institution offering the course;
56.26 	(ii) the title of the course;
56.27 	(iii) the dates the licensee participated in the course;
56.28 	and 
56.29 	(iv) the number of credits completed;
56.30 	(3) for staff training offered by public or private
56.31 	employers, a copy of the certificate of attendance issued by the
56.32 	employer giving the following information:
56.33 	(i) the name of the employer;
56.34 	(ii) the title of the staff training;
56.35 	(iii) the dates the licensee participated in the program;
56.36 	and 
57.1 	(iv) the number of clock hours completed; and 
57.2 	(4) for independent study, including electronic study, a
57.3 	written summary of the study conducted, including the following
57.4 	information:
57.5 	(i) the topics studied;
57.6 	(ii) a description of the applicability of the study to the
57.7 	licensee's authorized scope of practice;
57.8 	(iii) the titles and authors of books and articles
57.9 	consulted or the name of the organization offering the study;
57.10 	(iv) the dates the licensee conducted the study; and 
57.11 	(v) the number of clock hours the licensee conducted the
57.12 	study.
57.13 		Subd. 2.Audits. The board may audit license renewal and
57.14 	reactivation applications to determine compliance with the
57.15 	requirements of sections 148D.130 to 148D.170.  A licensee
57.16 	audited by the board must provide the documentation specified in
57.17 	subdivision 1 regardless of whether the provider or program has
57.18 	been approved by the board, the Association of Social Work
57.19 	Boards, or a similar examination body designated by the board,
57.20 	or the National Association of Social Workers.

57.21 	Sec. 39. [148D.170] REVOCATION OF CONTINUING EDUCATION
57.22 	APPROVALS.
57.23 	The board may revoke approval of a provider or of a program
57.24 	offered by a provider, or of an individual program approved by
57.25 	the board, if the board determines subsequent to the approval
57.26 	that the provider or program failed to meet the requirements of
57.27 	sections 148D.130 to 148D.170.

57.28 	Sec. 40. [148D.175] FEES.
57.29 	The fees specified in section 148D.180 are nonrefundable
57.30 	and must be deposited in the state government special revenue
57.31 	fund.

57.32 	Sec. 41. [148D.180] FEE AMOUNTS.
57.33 		Subdivision 1.Application fees. Application fees for
57.34 	licensure are as follows:
57.35 	(1) for a licensed social worker, $45;
57.36 	(2) for a licensed graduate social worker, $45;
58.1 	(3) for a licensed independent social worker, $90;
58.2 	(4) for a licensed independent clinical social worker, $90;
58.3 	(5) for a temporary license, $50; and 
58.4 	(6) for a licensure by endorsement, $150.
58.5 	The fee for criminal background checks is the fee charged
58.6 	by the Bureau of Criminal Apprehension.  The criminal background
58.7 	check fee must be included with the application fee as required
58.8 	pursuant to section 148D.055.
58.9 		Subd. 2.License fees. License fees are as follows:
58.10 	(1) for a licensed social worker, $115.20;
58.11 	(2) for a licensed graduate social worker, $201.60;
58.12 	(3) for a licensed independent social worker, $302.40;
58.13 	(4) for a licensed independent clinical social worker,
58.14 	$331.20;
58.15 	(5) for an emeritus license, $43.20; and 
58.16 	(6) for a temporary leave fee, the same as the renewal fee
58.17 	specified in subdivision 3.
58.18 	If the licensee's initial license term is less or more than
58.19 	24 months, the required license fees must be prorated
58.20 	proportionately.
58.21 		Subd. 3.Renewal fees. Renewal fees for licensure are as
58.22 	follows:
58.23 	(1) for a licensed social worker, $115.20;
58.24 	(2) for a licensed graduate social worker, $201.60;
58.25 	(3) for a licensed independent social worker, $302.40; and 
58.26 	(4) for a licensed independent clinical social worker,
58.27 	$331.20.
58.28 		Subd. 4.Continuing education provider fees. Continuing
58.29 	education provider fees are as follows:
58.30 	(1) for a provider who offers programs totaling one to
58.31 	eight clock hours in a one-year period pursuant to section
58.32 	148D.145, $50;
58.33 	(2) for a provider who offers programs totaling nine to 16
58.34 	clock hours in a one-year period pursuant to section 148D.145,
58.35 	$100;
58.36 	(3) for a provider who offers programs totaling 17 to 32
59.1 	clock hours in a one-year period pursuant to section 148D.145,
59.2 	$200;
59.3 	(4) for a provider who offers programs totaling 33 to 48
59.4 	clock hours in a one-year period pursuant to section 148D.145,
59.5 	$400; and 
59.6 	(5) for a provider who offers programs totaling 49 or more
59.7 	clock hours in a one-year period pursuant to section 148D.145,
59.8 	$600.
59.9 		Subd. 5.Late fees. Late fees are as follows:
59.10 	(1) renewal late fee, one-half of the renewal fee specified
59.11 	in subdivision 3; and 
59.12 	(2) supervision plan late fee, $40.
59.13 		Subd. 6.License cards and wall certificates. (a) The
59.14 	fee for a license card as specified in section 148D.095 is $10.
59.15 	(b) The fee for a license wall certificate as specified in
59.16 	section 148D.095 is $30.
59.17 		Subd. 7.Reactivation fees. Reactivation fees are as
59.18 	follows:
59.19 	(1) reactivation from a temporary leave or emeritus status,
59.20 	the prorated share of the renewal fee specified in subdivision
59.21 	3; and 
59.22 	(2) reactivation of an expired license, 1-1/2 times the
59.23 	renewal fees specified in subdivision 3.
59.24 		Subd. 8.Temporary fee reduction. For fiscal years 2006,
59.25 	2007, 2008, and 2009, the following fee changes are effective:
59.26 	(1) in subdivision 1, the application fee for a licensed
59.27 	independent social worker is reduced to $45;
59.28 	(2) in subdivision 1, the application fee for a licensed
59.29 	independent clinical social worker is reduced to $45;
59.30 	(3) in subdivision 1, the application fee for a licensure
59.31 	by endorsement is reduced to $85;
59.32 	(4) in subdivision 2, the license fee for a licensed social
59.33 	worker is reduced to $90;
59.34 	(5) in subdivision 2, the license fee for a licensed
59.35 	graduate social worker is reduced to $160;
59.36 	(6) in subdivision 2, the license fee for a licensed
60.1 	independent social worker is reduced to $240;
60.2 	(7) in subdivision 2, the license fee for a licensed
60.3 	independent clinical social worker is reduced to $265;
60.4 	(8) in subdivision 3, the renewal fee for a licensed social
60.5 	worker is reduced to $90;
60.6 	(9) in subdivision 3, the renewal fee for a licensed
60.7 	graduate social worker is reduced to $160;
60.8 	(10) in subdivision 3, the renewal fee for a licensed
60.9 	independent social worker is reduced to $240;
60.10 	(11) in subdivision 3, the renewal fee for a licensed
60.11 	independent clinical social worker is reduced to $265; and 
60.12 	(12) in subdivision 5, the renewal late fee is reduced to
60.13 	one-third of the renewal fee specified in subdivision 3.
60.14 	This subdivision expires on June 30, 2009.

60.15 	Sec. 42. [148D.185] PURPOSE OF COMPLIANCE LAWS.
60.16 	The purpose of sections 148D.185 to 148D.290 is to protect
60.17 	the public by ensuring that all persons licensed as social
60.18 	workers meet minimum standards of practice.  The board shall
60.19 	promptly and fairly investigate and resolve all complaints
60.20 	alleging violations of statutes and rules that the board is
60.21 	empowered to enforce and (1) take appropriate disciplinary
60.22 	action, adversarial action, or other action justified by the
60.23 	facts, or (2) enter into corrective action agreements or
60.24 	stipulations to cease practice, when doing so is consistent with
60.25 	the board's obligation to protect the public.

60.26 	Sec. 43. [148D.190] GROUNDS FOR ACTION.
60.27 		Subdivision 1.Scope. The grounds for action in
60.28 	subdivisions 2 to 4 and the standards of practice requirements
60.29 	in sections 148D.195 to 148D.240 apply to all licensees and
60.30 	applicants.
60.31 		Subd. 2.Violations. The board has grounds to take
60.32 	action pursuant to sections 148D.255 to 148D.270 when a social
60.33 	worker violates:
60.34 	(1) a statute or rule enforced by the board, including this
60.35 	section and sections 148D.195 to 148D.240;
60.36 	(2) a federal or state law or rule related to the practice
61.1 	of social work; or 
61.2 	(3) an order, stipulation, or agreement agreed to or issued
61.3 	by the board.
61.4 		Subd. 3.Conduct before licensure. A violation of the
61.5 	requirements specified in this section and sections 148D.195 to
61.6 	148D.240 is grounds for the board to take action under sections
61.7 	148D.255 to 148D.270.  The board's jurisdiction to exercise the
61.8 	powers provided in this section extends to an applicant or
61.9 	licensee's conduct that occurred before licensure if:
61.10 	(1) the conduct did not meet the minimum accepted and
61.11 	prevailing standards of professional social work practice at the
61.12 	time the conduct occurred; or 
61.13 	(2) the conduct adversely affects the applicant or
61.14 	licensee's present ability to practice social work in conformity
61.15 	with the requirements of sections 148D.195 to 148D.240.
61.16 		Subd. 4.Unauthorized practice. The board has grounds to
61.17 	take action pursuant to sections 148D.255 to 148D.270 when a
61.18 	social worker:
61.19 	(1) practices outside the scope of practice authorized by
61.20 	section 148D.050;
61.21 	(2) engages in the practice of social work without a social
61.22 	work license under section 148D.055 or 148D.060, except when the
61.23 	social worker is exempt from licensure pursuant to section
61.24 	148D.065;
61.25 	(3) provides social work services to a client who receives
61.26 	social work services in this state, and is not licensed pursuant
61.27 	to section 148D.055 or 148D.060, except when the social worker
61.28 	is exempt from licensure pursuant to section 148D.065.

61.29 	Sec. 44. [148D.195] REPRESENTATIONS TO CLIENTS AND
61.30 	PUBLIC.
61.31 		Subdivision 1.Required displays and information for
61.32 	clients. (a) A social worker must conspicuously display at the
61.33 	social worker's places of practice, or make available as a
61.34 	handout for all clients, information that the client has the
61.35 	right to the following:
61.36 	(1) to be informed of the social worker's license status,
62.1 	education, training, and experience;
62.2 	(2) to examine public data on the social worker maintained
62.3 	by the board;
62.4 	(3) to report a complaint about the social worker's
62.5 	practice to the board; and 
62.6 	(4) to be informed of the board's mailing address, e-mail
62.7 	address, Web site address, and telephone number.
62.8 	(b) A social worker must conspicuously display the social
62.9 	worker's wall certificate at the social worker's places of
62.10 	practice and office locations.  Additional wall certificates may
62.11 	be requested pursuant to section 148D.095.
62.12 		Subd. 2.Representations. (a) No applicant or other
62.13 	individual may be represented to the public by any title
62.14 	incorporating the words "social work" or "social worker" unless
62.15 	the individual holds a license pursuant to sections 148D.055 and
62.16 	148D.060 or practices in a setting exempt from licensure
62.17 	pursuant to section 148D.065.
62.18 	(b) In all professional use of a social worker's name, the
62.19 	social worker must use the license designation "LSW" or
62.20 	"licensed social worker" for a licensed social worker, "LGSW" or
62.21 	"licensed graduate social worker" for a licensed graduate social
62.22 	worker, "LISW" or "licensed independent social worker" for a
62.23 	licensed independent social worker, or "LICSW" or "licensed
62.24 	independent clinical social worker" for a licensed independent
62.25 	clinical social worker.
62.26 	(c) Public statements or advertisements must not be
62.27 	untruthful, misleading, false, fraudulent, deceptive, or
62.28 	potentially exploitative of clients, former clients, interns,
62.29 	students, supervisees, or the public.
62.30 	(d) A social worker must not:
62.31 	(1) use licensure status as a claim, promise, or guarantee
62.32 	of successful service;
62.33 	(2) obtain a license by cheating or employing fraud or
62.34 	deception;
62.35 	(3) make false statements or misrepresentations to the
62.36 	board or in materials submitted to the board; or 
63.1 	(4) engage in conduct that has the potential to deceive or
63.2 	defraud a social work client, intern, student, supervisee, or
63.3 	the public.
63.4 		Subd. 3.Information on credentials. (a) A social worker
63.5 	must provide accurate and factual information concerning the
63.6 	social worker's credentials, education, training, and experience
63.7 	when the information is requested by clients, potential clients,
63.8 	or other persons or organizations.
63.9 	(b) A social worker must not misrepresent directly or by
63.10 	implication the social worker's license, degree, professional
63.11 	certifications, affiliations, or other professional
63.12 	qualifications in any oral or written communications to clients,
63.13 	potential clients, or other persons or organizations.  A social
63.14 	worker must take reasonable steps to prevent such
63.15 	misrepresentations by other social workers.
63.16 	(c) A social worker must not hold out as a person licensed
63.17 	as a social worker without having a social work license pursuant
63.18 	to sections 148D.055 and 148D.060.
63.19 	(d) A social worker must not misrepresent directly or by
63.20 	implication (1) affiliations with institutions or organizations,
63.21 	or (2) purposes or characteristics of institutions or
63.22 	organizations with which the social worker is or has been
63.23 	affiliated.

63.24 	Sec. 45. [148D.200] COMPETENCE.
63.25 		Subdivision 1.Competence. (a) A social worker must
63.26 	provide services and hold out as competent only to the extent
63.27 	the social worker's education, training, license, consultation
63.28 	received, supervision experience, or other relevant professional
63.29 	experience demonstrate competence in the services provided.  A
63.30 	social worker must make a referral to a competent professional
63.31 	when the services required are beyond the social worker's
63.32 	competence or authorized scope of practice.
63.33 	(b) When generally recognized standards do not exist with
63.34 	respect to an emerging area of practice, including but not
63.35 	limited to providing social work services through electronic
63.36 	means, a social worker must take the steps necessary, such as
64.1 	consultation or supervision, to ensure the competence of the
64.2 	social worker's work and to protect clients from harm.
64.3 		Subd. 2.Supervision or consultation. Notwithstanding
64.4 	the completion of supervision requirements as specified in
64.5 	sections 148D.100 to 148D.125, a social worker must obtain
64.6 	supervision or engage in consultation when appropriate or
64.7 	necessary for competent and ethical practice.
64.8 		Subd. 3.Delegation of social work responsibilities. (a)
64.9 	A social worker must not delegate a social work responsibility
64.10 	to another individual when the social worker knows or reasonably
64.11 	should know that the individual is not licensed when required to
64.12 	be licensed pursuant to sections 148D.055 and 148D.060.
64.13 	(b) A social worker must not delegate a social work
64.14 	responsibility to another individual when the social worker
64.15 	knows or reasonably should know that the individual is not
64.16 	competent to assume the responsibility or perform the task.

64.17 	Sec. 46. [148D.205] IMPAIRMENT.
64.18 		Subdivision 1.Grounds for action. The board has grounds
64.19 	to take action under sections 148D.255 to 148D.270 when a social
64.20 	worker is unable to practice with reasonable skill and safety by
64.21 	reason of illness, use of alcohol, drugs, chemicals, or any
64.22 	other materials, or as a result of any mental, physical, or
64.23 	psychological condition.
64.24 		Subd. 2.Self-reporting. A social worker regulated by
64.25 	the board who is unable to practice with reasonable skill and
64.26 	safety by reason of illness, use of alcohol, drugs, chemicals,
64.27 	or any other materials, or as a result of any mental, physical,
64.28 	or psychological condition, must report to the board or the
64.29 	health professionals services program.

64.30 	Sec. 47. [148D.210] PROFESSIONAL AND ETHICAL CONDUCT.
64.31 	The board has grounds to take action under sections
64.32 	148D.255 to 148D.270 when a social worker:
64.33 	(1) engages in unprofessional or unethical conduct,
64.34 	including any departure from or failure to conform to the
64.35 	minimum accepted ethical and other prevailing standards of
64.36 	professional social work practice, without actual injury to a
65.1 	social work client, intern, student, supervisee or the public
65.2 	needing to be established;
65.3 	(2) engages in conduct that has the potential to cause harm
65.4 	to a client, intern, student, supervisee, or the public;
65.5 	(3) demonstrates a willful or careless disregard for the
65.6 	health, welfare, or safety of a client, intern, student, or
65.7 	supervisee; or 
65.8 	(4) engages in acts or conduct adversely affecting the
65.9 	applicant or licensee's current ability or fitness to engage in
65.10 	social work practice, whether or not the acts or conduct
65.11 	occurred while engaged in the practice of social work.

65.12 	Sec. 48. [148D.215] RESPONSIBILITIES TO CLIENTS.
65.13 		Subdivision 1.Responsibility to clients. A social
65.14 	worker's primary professional responsibility is to the client.
65.15 	A social worker must respect the client's interests, including
65.16 	the interest in self-determination, except when required to do
65.17 	otherwise by law.
65.18 		Subd. 2.Nondiscrimination. A social worker must not
65.19 	discriminate against a client, intern, student, or supervisee or
65.20 	in providing services to a client, intern, or supervisee on the
65.21 	basis of age, gender, sexual orientation, race, color, national
65.22 	origin, religion, illness, disability, political affiliation, or
65.23 	social or economic status.
65.24 		Subd. 3.Research. When undertaking research activities,
65.25 	a social worker must use accepted protocols for the protection
65.26 	of human subjects, including (1) establishing appropriate
65.27 	safeguards to protect the subject's vulnerability, and (2)
65.28 	obtaining the subjects' informed consent.

65.29 	Sec. 49. [148D.220] RELATIONSHIPS WITH CLIENTS, FORMER
65.30 	CLIENTS, AND OTHER INDIVIDUALS.
65.31 		Subdivision 1.Social worker responsibility. (a) A
65.32 	social worker is responsible for acting professionally in
65.33 	relationships with clients or former clients.  A client or a
65.34 	former client's initiation of, or attempt to engage in, or
65.35 	request to engage in, a personal, sexual, or business
65.36 	relationship is not a defense to a violation of this section.
66.1 	(b) When a relationship is permitted by this section,
66.2 	social workers who engage in such a relationship assume the full
66.3 	burden of demonstrating that the relationship will not be
66.4 	detrimental to the client or the professional relationship.
66.5 		Subd. 2.Professional boundaries. A social worker must
66.6 	maintain appropriate professional boundaries with a client.  A
66.7 	social worker must not engage in practices with clients that
66.8 	create an unacceptable risk of client harm or of impairing a
66.9 	social worker's objectivity or professional judgment.  A social
66.10 	worker must not act or fail to act in a way that, as judged by a
66.11 	reasonable and prudent social worker, inappropriately encourages
66.12 	the client to relate to the social worker outside of the
66.13 	boundaries of the professional relationship, or in a way that
66.14 	interferes with the client's ability to benefit from social work
66.15 	services from the social worker.
66.16 		Subd. 3.Misuse of professional relationship. A social
66.17 	worker must not use the professional relationship with a client,
66.18 	student, supervisee, or intern to further the social worker's
66.19 	personal, emotional, financial, sexual, religious, political, or
66.20 	business benefit or interests.
66.21 		Subd. 4.Improper termination. A social worker must not
66.22 	terminate a professional relationship for the purpose of
66.23 	beginning a personal, sexual, or business relationship with a
66.24 	client.
66.25 		Subd. 5.Personal relationship with a client. (a) Except
66.26 	as provided in paragraph (b), a social worker must not engage in
66.27 	a personal relationship with a client that creates a risk of
66.28 	client harm or of impairing a social worker's objectivity or
66.29 	professional judgment.
66.30 	(b) Notwithstanding paragraph (a), if a social worker is
66.31 	unable to avoid a personal relationship with a client, the
66.32 	social worker must take appropriate precautions, such as
66.33 	consultation or supervision, to address the potential for risk
66.34 	of client harm or of impairing a social worker's objectivity or
66.35 	professional judgment.
66.36 		Subd. 6.Personal relationship with a former client. A
67.1 	social worker may engage in a personal relationship with a
67.2 	former client after appropriate termination of the professional
67.3 	relationship, except:
67.4 	(1) as prohibited by subdivision 8; or 
67.5 	(2) if a reasonable and prudent social worker would
67.6 	conclude after appropriate assessment that (i) the former client
67.7 	is emotionally dependent on the social worker or continues to
67.8 	relate to the social worker as a client, or (ii) the social
67.9 	worker is emotionally dependent on the client or continues to
67.10 	relate to the former client as a social worker.
67.11 		Subd. 7.Sexual conduct with a client. A social worker
67.12 	must not engage in or suggest sexual conduct with a client.
67.13 		Subd. 8.Sexual conduct with a former client. (a) A
67.14 	social worker who has engaged in diagnosing, counseling, or
67.15 	treating a client with mental, emotional, or behavioral
67.16 	disorders must not engage in or suggest sexual conduct with the
67.17 	former client under any circumstances unless:
67.18 	(1) the social worker did not intentionally or
67.19 	unintentionally coerce, exploit, deceive, or manipulate the
67.20 	former client at any time;
67.21 	(2) the social worker did not represent to the former
67.22 	client that sexual conduct with the social worker is consistent
67.23 	with or part of the client's treatment;
67.24 	(3) the social worker's sexual conduct was not detrimental
67.25 	to the former client at any time;
67.26 	(4) the former client is not emotionally dependent on the
67.27 	social worker and does not continue to relate to the social
67.28 	worker as a client; and 
67.29 	(5) the social worker is not emotionally dependent on the
67.30 	client and does not continue to relate to the former client as a
67.31 	social worker.
67.32 	(b) If there is an alleged violation of paragraph (a), the
67.33 	social worker assumes the full burden of demonstrating to the
67.34 	board that the social worker did not intentionally or
67.35 	unintentionally coerce, exploit, deceive, or manipulate the
67.36 	client, and the social worker's sexual conduct was not
68.1 	detrimental to the client at any time.  Upon request, a social
68.2 	worker must provide information to the board addressing:
68.3 	(1) the amount of time that has passed since termination of
68.4 	services;
68.5 	(2) the duration, intensity, and nature of services;
68.6 	(3) the circumstances of termination of services;
68.7 	(4) the former client's emotional, mental, and behavioral
68.8 	history;
68.9 	(5) the former client's current emotional, mental, and
68.10 	behavioral status;
68.11 	(6) the likelihood of adverse impact on the former client;
68.12 	and 
68.13 	(7) the existence of actions, conduct, or statements made
68.14 	by the social worker during the course of services suggesting or
68.15 	inviting the possibility of a sexual relationship with the
68.16 	client following termination of services.
68.17 	(c) A social worker who has provided social work services
68.18 	other than those described in paragraph (a) to a client must not
68.19 	engage in or suggest sexual conduct with the former client if a
68.20 	reasonable and prudent social worker would conclude after
68.21 	appropriate assessment that engaging in such behavior with the
68.22 	former client would create an unacceptable risk of harm to the
68.23 	former client.
68.24 		Subd. 9.Sexual conduct with a student, supervisee, or
68.25 	intern. (a) A social worker must not engage in or suggest
68.26 	sexual conduct with a student while the social worker has
68.27 	authority over any part of the student's academic program.
68.28 	(b) A social worker supervising an intern must not engage
68.29 	in or suggest sexual conduct with the intern during the course
68.30 	of the internship.
68.31 	(c) A social worker practicing social work as a supervisor
68.32 	must not engage in or suggest sexual conduct with a supervisee
68.33 	during the period of supervision.
68.34 		Subd. 10.Sexual harassment. A social worker must not
68.35 	engage in any physical, oral, written, or electronic behavior
68.36 	that a client, former client, student, supervisee, or intern may
69.1 	reasonably interpret as sexually harassing or sexually demeaning.
69.2 		Subd. 11.Business relationship with a client. A social
69.3 	worker must not purchase goods or services from a client or
69.4 	otherwise engage in a business relationship with a client except
69.5 	when:
69.6 	(1) a social worker purchases goods or services from the
69.7 	client and a reasonable and prudent social worker would
69.8 	determine that it is not practical or reasonable to obtain the
69.9 	goods or services from another provider; and 
69.10 	(2) engaging in the business relationship will not be
69.11 	detrimental to the client or the professional relationship.
69.12 		Subd. 12.Business relationship with a former client. A
69.13 	social worker may purchase goods or services from a former
69.14 	client or otherwise engage in a business relationship with a
69.15 	former client after appropriate termination of the professional
69.16 	relationship unless a reasonable and prudent social worker would
69.17 	conclude after appropriate assessment that:
69.18 	(1) the former client is emotionally dependent on the
69.19 	social worker and purchasing goods or services from the former
69.20 	client or otherwise engaging in a business relationship with the
69.21 	former client would be detrimental to the former client; or 
69.22 	(2) the social worker is emotionally dependent on the
69.23 	former client and purchasing goods or services from the former
69.24 	client or otherwise engaging in a business relationship with the
69.25 	former client would be detrimental to the former client.
69.26 		Subd. 13.Previous sexual, personal, or business
69.27 	relationship. (a) A social worker must not engage in a social
69.28 	worker/client relationship with an individual with whom the
69.29 	social worker had a previous sexual relationship.
69.30 	(b) A social worker must not engage in a social
69.31 	worker/client relationship with an individual with whom the
69.32 	social worker had a previous personal or business relationship
69.33 	if a reasonable and prudent social worker would conclude after
69.34 	appropriate assessment that the social worker/client
69.35 	relationship would create an unacceptable risk of client harm or
69.36 	that the social worker's objectivity or professional judgment
70.1 	may be impaired.
70.2 		Subd. 14.Giving alcohol or other drugs to a client. (a)
70.3 	Unless authorized by law, a social worker must not offer
70.4 	medication or controlled substances to a client.
70.5 	(b) A social worker must not accept medication or
70.6 	controlled substances from a client except that if authorized by
70.7 	law, a social worker may accept medication or controlled
70.8 	substances from a client for purposes of disposal or to monitor
70.9 	use.
70.10 	(c) A social worker must not offer alcoholic beverages to a
70.11 	client except when such an offer is authorized or prescribed by
70.12 	a physician or is in accordance with a client's care plan.
70.13 	(d) A social worker must not accept alcoholic beverages
70.14 	from a client.
70.15 	Subd. 15.[RELATIONSHIP WITH A CLIENT'S FAMILY OR
70.16 	HOUSEHOLD MEMBER.] Subdivisions 1 to 14 apply to a social
70.17 	worker's relationship with a client's family or household member
70.18 	when a reasonable and prudent social worker would conclude after
70.19 	appropriate assessment that a relationship with a family or
70.20 	household member would create an unacceptable risk of harm to
70.21 	the client.

70.22 	Sec. 50. [148D.225] TREATMENT AND INTERVENTION SERVICES.
70.23 		Subdivision 1.Assessment or diagnosis. A social worker
70.24 	must base treatment and intervention services on an assessment
70.25 	or diagnosis.  A social worker must evaluate, on an ongoing
70.26 	basis, the appropriateness of the assessment or diagnosis.
70.27 		Subd. 2.Assessment or diagnostic instruments. A social
70.28 	worker must not use an assessment or diagnostic instrument
70.29 	without adequate training.  A social worker must follow
70.30 	standards and accepted procedures for using an assessment or
70.31 	diagnostic instrument.  A social worker must inform a client of
70.32 	the purpose before administering the instrument and must make
70.33 	the results available to the client.
70.34 		Subd. 3.Plan for services. A social worker must develop
70.35 	a plan for services that includes goals based on the assessment
70.36 	or diagnosis.  A social worker must evaluate, on an ongoing
71.1 	basis, the appropriateness of the plan and the client's progress
71.2 	toward the goals.
71.3 		Subd. 4.Records. (a) A social worker must make and
71.4 	maintain current and accurate records, appropriate to the
71.5 	circumstances, of all services provided to a client.  At a
71.6 	minimum, the records must contain documentation of:
71.7 	(1) the assessment or diagnosis;
71.8 	(2) the content of the service plan;
71.9 	(3) progress with the plan and any revisions of assessment,
71.10 	diagnosis, or plan;
71.11 	(4) any fees charged and payments made;
71.12 	(5) copies of all client-written authorizations for release
71.13 	of information; and 
71.14 	(6) other information necessary to provide appropriate
71.15 	services.
71.16 	(b) These records must be maintained by the social worker
71.17 	for at least seven years after the last date of service to the
71.18 	client.  Social workers who are employed by an agency or other
71.19 	entity are not required to:
71.20 	(1) maintain personal or separate records; or 
71.21 	(2) personally retain records at the conclusion of their
71.22 	employment.
71.23 		Subd. 5.Termination of services. A social worker must
71.24 	terminate a professional relationship with a client when the
71.25 	social worker reasonably determines that the client is not
71.26 	likely to benefit from continued services or the services are no
71.27 	longer needed, unless the social worker is required by law to
71.28 	provide services.  A social worker who anticipates terminating
71.29 	services must give reasonable notice to the client in a manner
71.30 	that is appropriate to the needs of the client.  The social
71.31 	worker must provide appropriate referrals as needed or upon
71.32 	request of the client.

71.33 	Sec. 51. [148D.230] CONFIDENTIALITY AND RECORDS.
71.34 		Subdivision 1.Informed consent. (a) A social worker
71.35 	must obtain valid, informed consent, appropriate to the
71.36 	circumstances, before providing services to clients.  When
72.1 	obtaining informed consent, the social worker must determine
72.2 	whether the client has the capacity to provide informed
72.3 	consent.  If the client does not have the capacity to provide
72.4 	consent, the social worker must obtain consent for the services
72.5 	from the client's legal representative.  The social worker must
72.6 	not provide services, unless authorized or required by law, if
72.7 	the client or the client's legal representative does not consent
72.8 	to the services.
72.9 	(b) If a social worker determines that a client does not
72.10 	have the capacity to provide consent, and the client does not
72.11 	have a legal representative, the social worker:
72.12 	(1) must, except as provided in clause (2), secure a legal
72.13 	representative for a client before providing services; or 
72.14 	(2) may, notwithstanding clause (1), provide services,
72.15 	except when prohibited by other applicable law, that are
72.16 	necessary to ensure the client's safety or to preserve the
72.17 	client's property or financial resources.
72.18 	(c) A social worker must use clear and understandable
72.19 	language, including using an interpreter proficient in the
72.20 	client's primary language as necessary, to inform clients of the
72.21 	plan of services, risks related to the plan, limits to services,
72.22 	relevant costs, terms of payment, reasonable alternatives, the
72.23 	client's right to refuse or withdraw consent, and the time frame
72.24 	covered by the consent.
72.25 		Subd. 2.Mandatory reporting and disclosure of client
72.26 	information. At the beginning of a professional relationship
72.27 	and during the professional relationship as necessary and
72.28 	appropriate, a social worker must inform the client of those
72.29 	circumstances under which the social worker may be required to
72.30 	disclose client information specified in subdivision 3,
72.31 	paragraph (a), without the client's consent.
72.32 		Subd. 3.Confidentiality of client information. (a) A
72.33 	social worker must ensure the confidentiality of all client
72.34 	information obtained in the course of the social worker/client
72.35 	relationship and all client information otherwise obtained by
72.36 	the social worker that is relevant to the social worker/client
73.1 	relationship.  Except as provided in this section, client
73.2 	information may be disclosed or released only with the client's
73.3 	or the client's legal representative's valid informed consent,
73.4 	appropriate to the circumstances, except when otherwise required
73.5 	by law.  A social worker must seek consent to disclose or
73.6 	release client information only when such disclosure or release
73.7 	is necessary to provide social work services.
73.8 	(b) A social worker must continue to maintain
73.9 	confidentiality of the client information specified in paragraph
73.10 	(a) upon termination of the professional relationship including
73.11 	upon the death of the client, except as provided under this
73.12 	section or other applicable law.
73.13 	(c) A social worker must limit access to the client
73.14 	information specified in paragraph (a) in a social worker's
73.15 	agency to appropriate agency staff whose duties require access.
73.16 		Subd. 4.Release of client information with written
73.17 	informed consent. (a) Except as provided in subdivision 5,
73.18 	client information specified in subdivision 3, paragraph (a),
73.19 	may be released only with the client's or the client's legal
73.20 	representative's written informed consent.  The written informed
73.21 	consent must:
73.22 	(1) explain to whom the client's records may be released;
73.23 	(2) explain the purpose for the release; and 
73.24 	(3) state an expiration date for the authorized release of
73.25 	the records.
73.26 	(b) A social worker may provide client information
73.27 	specified in subdivision 3, paragraph (a), to a third party for
73.28 	the purpose of payment for services rendered only with the
73.29 	client's written informed consent.
73.30 	(c) Except as provided in subdivision 5, a social worker
73.31 	may disclose client information specified in subdivision 3,
73.32 	paragraph (a), only with the client's or the client's legal
73.33 	representative's written informed consent.  When it is not
73.34 	practical to obtain written informed consent before providing
73.35 	necessary services, a social worker may disclose or release
73.36 	client information with the client's or the client's legal
74.1 	representative's oral informed consent.
74.2 	(d) Unless otherwise authorized by law, a social worker
74.3 	must obtain a client's written informed consent before taking a
74.4 	photograph of the client or making an audio or video recording
74.5 	of the client, or allowing a third party to do the same.  The
74.6 	written informed consent must explain:
74.7 	(1) the purpose of the photograph or the recording and how
74.8 	the photograph or recording will be used, how it will be stored,
74.9 	and when it will be destroyed; and 
74.10 	(2) how the client may have access to the photograph or
74.11 	recording.
74.12 		Subd. 5.Release of client information without written
74.13 	informed consent. (a) A social worker may disclose client
74.14 	information specified in subdivision 3, paragraph (a), without
74.15 	the written consent of the client or the client's legal
74.16 	representative only under the following circumstances or under
74.17 	the circumstances described in paragraph (b):
74.18 	(1) when mandated or authorized by federal or state law,
74.19 	including the mandatory reporting requirements under the duty to
74.20 	warn, maltreatment of minors, and vulnerable adult laws
74.21 	specified in section 148D.240, subdivisions 6 to 8;
74.22 	(2) when the board issues a subpoena to the social worker;
74.23 	or 
74.24 	(3) when a court of competent jurisdiction orders release
74.25 	of the client records or information.
74.26 	(b) When providing services authorized or required by law
74.27 	to a client who does not have the capacity to provide consent
74.28 	and who does not have a legal representative, a social worker
74.29 	must disclose or release client records or information as
74.30 	necessary to provide services to ensure the client's safety or
74.31 	to preserve the client's property or financial resources.
74.32 		Subd. 6.Release of client records or information. When
74.33 	releasing client records or information under this section, a
74.34 	social worker must release current, accurate, and complete
74.35 	records or information.

74.36 	Sec. 52. [148D.235] FEES AND BILLING PRACTICES.
75.1 		Subdivision 1.Fees and payments. (a) A social worker
75.2 	must ensure that a client or a client's legal representative is
75.3 	informed of all fees at the initial session or meeting with the
75.4 	client, and that payment for services is arranged with the
75.5 	client or the client's legal representative at the beginning of
75.6 	the professional relationship.  Upon request from a client or a
75.7 	client's legal representative, a social worker must provide in a
75.8 	timely manner a written payment plan or a written explanation of
75.9 	the charges for any services rendered.
75.10 	(b) When providing services authorized or required by law
75.11 	to a client who does not have the capacity to provide consent
75.12 	and who does not have a legal representative, a social worker
75.13 	may submit reasonable bills to an appropriate payer for services
75.14 	provided.
75.15 		Subd. 2.Billing for services not provided. A social
75.16 	worker must not bill for services that have not been provided
75.17 	except that, with prior notice to the client, a social worker
75.18 	may bill for failed appointments or for cancellations without
75.19 	sufficient notice.  A social worker may bill only for provided
75.20 	services which are necessary and appropriate.  Financial
75.21 	responsibility for failed appointment billings resides solely
75.22 	with the client and such costs may not be billed to public or
75.23 	private payers.
75.24 		Subd. 3.No payment for referrals. A social worker must
75.25 	not accept or give a commission, rebate, or other form of
75.26 	remuneration solely or primarily to profit from the referral of
75.27 	a client.
75.28 		Subd. 4.Fees and billing practices. A social worker
75.29 	must not engage in improper or fraudulent billing practices,
75.30 	including, but not limited to, violations of the federal
75.31 	Medicare and Medicaid laws or state medical assistance laws.

75.32 	Sec. 53. [148D.240] REPORTING REQUIREMENTS.
75.33 		Subdivision 1.Failure to self-report adverse
75.34 	actions. The board has grounds to take action under sections
75.35 	148D.255 to 148D.270 when a social worker fails to report to the
75.36 	board within 90 days:
76.1 	(1) having been disciplined, sanctioned, or found to have
76.2 	violated a state, territorial, provincial, or foreign licensing
76.3 	agency's laws or rules;
76.4 	(2) having been convicted of committing a felony, gross
76.5 	misdemeanor, or misdemeanor reasonably related to the practice
76.6 	of social work;
76.7 	(3) having had a finding or verdict of guilt, whether or
76.8 	not the adjudication of guilt is withheld or not entered, of
76.9 	committing a felony, gross misdemeanor, or misdemeanor
76.10 	reasonably related to the practice of social work;
76.11 	(4) having admitted to committing, or entering a no contest
76.12 	plea to committing, a felony, gross misdemeanor, or misdemeanor
76.13 	reasonably related to the practice of social work; or 
76.14 	(5) having been denied licensure by a state, territorial,
76.15 	provincial, or foreign licensing agency.
76.16 		Subd. 2.Failure to submit application information. The
76.17 	board has grounds to take action under sections 148D.255 to
76.18 	148D.270 when an applicant or licensee fails to submit with an
76.19 	application the following information:
76.20 	(1) the dates and dispositions of any malpractice
76.21 	settlements or awards made relating to the social work services
76.22 	provided by the applicant or licensee; or 
76.23 	(2) the dates and dispositions of any civil litigations or
76.24 	arbitrations relating to the social work services provided by
76.25 	the applicant or licensee.
76.26 		Subd. 3.Reporting other licensed health
76.27 	professionals. An applicant or licensee must report to the
76.28 	appropriate health-related licensing board conduct by a licensed
76.29 	health professional which would constitute grounds for
76.30 	disciplinary action under the statutes and rules enforced by
76.31 	that board.
76.32 		Subd. 4.Reporting unlicensed practice. An applicant or
76.33 	licensee must report to the board conduct by an unlicensed
76.34 	person which constitutes the practice of social work, as defined
76.35 	in section 148D.010, except when the unlicensed person is exempt
76.36 	from licensure pursuant to section 148D.065.
77.1 		Subd. 5.Failure to report other applicants or licensees
77.2 	and unlicensed practice. The board has grounds to take action
77.3 	under sections 148D.255 to 148.270 when an applicant or licensee
77.4 	fails to report to the board conduct:
77.5 	(1) by another licensee or applicant which the applicant or
77.6 	licensee has reason to believe may reasonably constitute grounds
77.7 	for disciplinary action under this section; or 
77.8 	(2) by an unlicensed person that constitutes the practice
77.9 	of social work when a license is required to practice social
77.10 	work.
77.11 		Subd. 6.Duty to warn. A licensee must comply with the
77.12 	duty to warn established by section 148.975.
77.13 		Subd. 7.Reporting maltreatment of minors. An applicant
77.14 	or licensee must comply with the reporting of maltreatment of
77.15 	minors established by section 626.556.
77.16 		Subd. 8.Reporting maltreatment of vulnerable adults. An
77.17 	applicant or licensee must comply with the reporting of
77.18 	maltreatment of vulnerable adults established by section 626.557.
77.19 		Subd. 9.Subpoenas. The board may issue subpoenas
77.20 	pursuant to section 148D.245 and chapter 214 for the production
77.21 	of any reports required by this section or any related documents.

77.22 	Sec. 54. [148D.245] INVESTIGATIVE POWERS AND PROCEDURES.
77.23 		Subdivision 1.Subpoenas. (a) The board may issue
77.24 	subpoenas and compel the attendance of witnesses and the
77.25 	production of all necessary papers, books, records, documents,
77.26 	and other evidentiary material as part of its investigation of
77.27 	an applicant or licensee under this section or chapter 214.
77.28 	(b) If any person fails or refuses to appear or testify
77.29 	regarding any matter about which the person may be lawfully
77.30 	questioned, or fails or refuses to produce any papers, books,
77.31 	records, documents, or other evidentiary materials in the matter
77.32 	to be heard, after having been required by order of the board or
77.33 	by a subpoena of the board to do so, the board may institute a
77.34 	proceeding in any district court to enforce the board's order or
77.35 	subpoena.
77.36 	(c) The board or a designated member of the board acting on
78.1 	behalf of the board may issue subpoenas or administer oaths to
78.2 	witnesses or take affirmations.  Depositions may be taken within
78.3 	or out of the state in the manner provided by law for the taking
78.4 	of depositions in civil actions.
78.5 	(d) A subpoena or other process or paper may be served upon
78.6 	any person named therein, by mail or by any officer authorized
78.7 	to serve subpoenas or other process or paper in civil actions,
78.8 	with the same fees and mileage and in the same manner as
78.9 	prescribed by law for service of process issued out of the
78.10 	district court of this state.
78.11 	(e) Fees, mileage, and other costs must be paid as the
78.12 	board directs.
78.13 		Subd. 2.Classification of data. (a) Any records
78.14 	obtained as part of an investigation must be treated as
78.15 	investigative data under section 13.41 and be classified as
78.16 	confidential data.
78.17 	(b) Notwithstanding paragraph (a), client records must be
78.18 	treated as private data under chapter 13.  Client records must
78.19 	be protected as private data in the records of the board and in
78.20 	administrative or judicial proceedings unless the client
78.21 	authorizes the board in writing to make public the identity of
78.22 	the client or a portion or all of the client's records.
78.23 		Subd. 3.Mental or physical examination; chemical
78.24 	dependency evaluation. (a) If the board has (1) probable cause
78.25 	to believe that an applicant or licensee has violated a statute
78.26 	or rule enforced by the board, or an order issued by the board
78.27 	and (2) the board believes the applicant may have a
78.28 	health-related condition relevant to the violation, the board
78.29 	may issue an order directing the applicant or licensee to submit
78.30 	to one or more of the following:  a mental examination, a
78.31 	physical examination, or a chemical dependency evaluation.
78.32 	(b) An examination or evaluation order issued by the board
78.33 	must include:
78.34 	(1) factual specifications on which the order is based;
78.35 	(2) the purpose of the examination or evaluation;
78.36 	(3) the name of the person or entity that will conduct the
79.1 	examination or evaluation; and 
79.2 	(4) the means by which the examination or evaluation will
79.3 	be paid for.
79.4 	(c) Every applicant or licensee must submit to a mental
79.5 	examination, a physical examination, or a chemical dependency
79.6 	evaluation when ordered to do so in writing by the board.
79.7 	(d) By submitting to a mental examination, a physical
79.8 	examination, or a chemical dependency evaluation, an applicant
79.9 	or licensee waives all objections to the admissibility of the
79.10 	examiner or evaluator's testimony or reports on the grounds that
79.11 	the testimony or reports constitute a privileged communication.
79.12 		Subd. 4.Failure to submit to an examination. (a) If an
79.13 	applicant or licensee fails to submit to an examination or
79.14 	evaluation ordered by the board pursuant to subdivision 3,
79.15 	unless the failure was due to circumstances beyond the control
79.16 	of the applicant or licensee, the failure is an admission that
79.17 	the applicant or licensee violated a statute or rule enforced by
79.18 	the board as specified in the examination or evaluation order
79.19 	issued by the board.  The failure may result in an application
79.20 	being denied or other adversarial, corrective, or disciplinary
79.21 	action being taken by the board without a contested case hearing.
79.22 	(b) If an applicant or licensee requests a contested case
79.23 	hearing after the board denies an application or takes other
79.24 	disciplinary or adversarial action, the only issues which may be
79.25 	determined at the hearing are:
79.26 	(1) whether the board had probable cause to issue the
79.27 	examination or evaluation order; and 
79.28 	(2) whether the failure to submit to the examination or
79.29 	evaluation was due to circumstances beyond the control of the
79.30 	applicant or licensee.
79.31 	(c) Neither the record of a proceeding under this
79.32 	subdivision nor an order issued by the board may be admissible,
79.33 	subject to subpoena, or be used against the applicant or
79.34 	licensee in a proceeding in which the board is not a party or
79.35 	decision maker.
79.36 	(d) Information obtained under this subdivision must be
80.1 	treated as private data under chapter 13.  An order issued by
80.2 	the board as the result of an applicant's or licensee's failure
80.3 	to submit to an examination or evaluation must be treated as
80.4 	public data under chapter 13.
80.5 		Subd. 5.Access to data and records. (a) In addition to
80.6 	ordering a physical or mental examination or chemical dependency
80.7 	evaluation, and notwithstanding section 13.384, 144.651, 595.02,
80.8 	or any other statute limiting access to health records, the
80.9 	board or a designated member of the board acting on behalf of
80.10 	the board may subpoena physical, mental, and chemical dependency
80.11 	health records relating to an applicant or licensee without the
80.12 	applicant's or licensee's consent if:
80.13 	(1) the board has probable cause to believe that the
80.14 	applicant or licensee has violated chapter 214, a statute or
80.15 	rule enforced by the board, or an order issued by the board; and 
80.16 	(2) the board has reason to believe that the records are
80.17 	relevant and necessary to the investigation.
80.18 	(b) An applicant, licensee, insurance company, government
80.19 	agency, health care facility, or provider as defined in section
80.20 	144.335, subdivision 1, paragraph (b), must comply with any
80.21 	subpoena of the board under this subdivision and is not liable
80.22 	in any action for damages for releasing information subpoenaed
80.23 	by the board under this subdivision unless the information
80.24 	provided is false and the person or entity providing the
80.25 	information knew or had reason to know that the information was
80.26 	false.
80.27 	(c) Information on individuals obtained under this
80.28 	subdivision must be treated as investigative data under section
80.29 	13.41 and be classified as confidential data.
80.30 	(d) If an applicant, licensee, person, or entity does not
80.31 	comply with any subpoena of the board under this subdivision,
80.32 	the board may institute a proceeding in any district court to
80.33 	enforce the board's subpoena.
80.34 		Subd. 6.Evidence of past sexual conduct. If, in a
80.35 	proceeding for taking action against an applicant or licensee
80.36 	under this section, the charges involve sexual contact with a
81.1 	client or former client, the board or administrative law judge
81.2 	must not consider evidence of the client's or former client's
81.3 	previous sexual conduct.  Reference to the client's or former
81.4 	client's previous sexual conduct must not be made during the
81.5 	proceedings or in the findings, except by motion of the
81.6 	complainant, unless the evidence would be admissible under the
81.7 	applicable provisions of section 609.347, subdivision 3.
81.8 		Subd. 7.Investigations involving vulnerable adults or
81.9 	children in need of protection. (a) Except as provided in
81.10 	paragraph (b), if the board receives a complaint about a social
81.11 	worker regarding the social worker's involvement in a case of
81.12 	vulnerable adults or children in need of protection, the county
81.13 	or other appropriate public authority may request that the board
81.14 	suspend its investigation, and the board must comply until such
81.15 	time as the court issues its findings on the case.
81.16 	(b) Notwithstanding paragraph (a), the board may continue
81.17 	with an investigation if the board determines that doing so is
81.18 	in the best interests of the vulnerable adult or child and is
81.19 	consistent with the board's obligation to protect the public.
81.20 	If the board chooses to continue an investigation, the board
81.21 	must notify the county or other appropriate public authority in
81.22 	writing and state its reasons for doing so.
81.23 		Subd. 8.Notification of complainant. (a) In no more
81.24 	than 14 calendar days after receiving a complaint regarding a
81.25 	licensee, the board must notify the complainant that the board
81.26 	has received the complaint.
81.27 	(b) The board must periodically notify the complainant of
81.28 	the status of the complaint.
81.29 		Subd. 9.Notification of licensee. (a) Except as
81.30 	provided in paragraph (b), in no more than 60 calendar days
81.31 	after receiving a complaint regarding a licensee, the board must
81.32 	notify the licensee that the board has received the complaint
81.33 	and inform the licensee of:
81.34 	(1) the substance of the complaint;
81.35 	(2) the sections of the law that allegedly have been
81.36 	violated; and 
82.1 	(3) whether an investigation is being conducted.
82.2 	(b) Paragraph (a) does not apply if:
82.3 	(1) the board determines that such notice would compromise
82.4 	the board's investigation pursuant to section 214.10; or 
82.5 	(2) the board determines that such notice cannot reasonably
82.6 	be accomplished within this time.
82.7 	(c) The board must periodically notify the licensee of the
82.8 	status of the complaint.
82.9 		Subd. 10.Resolution of complaints. In no more than one
82.10 	year after receiving a complaint regarding a licensee, the board
82.11 	must resolve or dismiss the complaint unless the board
82.12 	determines that resolving or dismissing the complaint cannot
82.13 	reasonably be accomplished within this time.

82.14 	Sec. 55. [148D.250] OBLIGATION TO COOPERATE.
82.15 		Subdivision 1.Obligation to cooperate. An applicant or
82.16 	licensee who is the subject of an investigation, or who is
82.17 	questioned by or on behalf of the board in connection with an
82.18 	investigation, must cooperate fully with the investigation.
82.19 	Cooperation includes, but is not limited to:
82.20 	(1) responding fully and promptly to any question relating
82.21 	to the investigation;
82.22 	(2) as reasonably requested by the board, providing copies
82.23 	of client and other records in the applicant's or licensee's
82.24 	possession relating to the investigation;
82.25 	(3) executing release of records as reasonably requested by
82.26 	the board; and 
82.27 	(4) appearing at conferences, hearings, or meetings
82.28 	scheduled by the board, as required in sections 148D.255 to
82.29 	148D.270 and chapter 214.
82.30 		Subd. 2.Investigation. A social worker must not
82.31 	knowingly withhold relevant information, give false or
82.32 	misleading information, or do anything to obstruct an
82.33 	investigation of the social worker or another social worker by
82.34 	the board or by another state or federal regulatory or law
82.35 	enforcement authority.
82.36 		Subd. 3.Payment for copies. The board must pay for
83.1 	copies requested by the board.
83.2 		Subd. 4.Access to client records. Notwithstanding any
83.3 	law to the contrary, an applicant or licensee must allow the
83.4 	board access to any records of a client provided services by the
83.5 	applicant or licensee under investigation.  If the client has
83.6 	not signed a consent permitting access to the client's records,
83.7 	the applicant or licensee must delete any data in the records
83.8 	that identifies the client before providing the records to the
83.9 	board.
83.10 		Subd. 5.Classification of data. Any records obtained
83.11 	pursuant to this subdivision must be treated as investigative
83.12 	data pursuant to section 13.41 and be classified as confidential
83.13 	data.

83.14 	Sec. 56. [148D.255] TYPES OF ACTIONS.
83.15 		Subdivision 1.Actions. The board may take disciplinary
83.16 	action pursuant to section 148D.260, adversarial but
83.17 	nondisciplinary action pursuant to section 148D.265, or
83.18 	voluntary action pursuant to section 148D.270.  Any action taken
83.19 	under sections 148D.260 to 148D.270 is public data.
83.20 		Subd. 2.Disciplinary action. For purposes of section
83.21 	148D.260, "disciplinary action" means an action taken by the
83.22 	board against an applicant or licensee that addresses a
83.23 	complaint alleging a violation of a statute or rule the board is
83.24 	empowered to enforce.
83.25 		Subd. 3.Adversarial but nondisciplinary action. For
83.26 	purposes of section 148D.265, "adversarial but nondisciplinary
83.27 	action" means a nondisciplinary action taken by the board that
83.28 	addresses a complaint alleging a violation of a statute or rule
83.29 	the board is empowered to enforce.
83.30 		Subd. 4.Voluntary action. For purposes of section
83.31 	148D.270, "voluntary action" means a nondisciplinary action
83.32 	agreed to by the board or a designated board member and an
83.33 	applicant or licensee that, through educational or other
83.34 	corrective means, addresses a complaint alleging a violation of
83.35 	a statute or rule that the board is empowered to enforce.

83.36 	Sec. 57. [148D.260] DISCIPLINARY ACTIONS.
84.1 		Subdivision 1.General disciplinary actions. (a) When
84.2 	the board has grounds for disciplinary actions under this
84.3 	chapter, the board may take one or more of the following
84.4 	disciplinary actions:
84.5 	(1) deny an application;
84.6 	(2) permanently revoke a license to practice social work;
84.7 	(3) indefinitely or temporarily suspend a license to
84.8 	practice social work;
84.9 	(4) impose restrictions on a licensee's scope of practice;
84.10 	(5) impose conditions required for the licensee to maintain
84.11 	licensure, including, but not limited to, additional education,
84.12 	supervision, and requiring the passing of an examination
84.13 	provided for in section 148D.055;
84.14 	(6) reprimand a licensee;
84.15 	(7) impose a civil penalty of up to $10,000 for each
84.16 	violation in order to discourage future violations or to deprive
84.17 	the licensee of any economic advantage gained by reason of the
84.18 	violation; or 
84.19 	(8) impose a fee to reimburse the board for all or part of
84.20 	the cost of the proceedings resulting in disciplinary action,
84.21 	including, but not limited to, the amount paid by the board for
84.22 	services received from or expenses incurred by the Office of
84.23 	Administrative Hearings, the Office of the Attorney General,
84.24 	court reporters, witnesses, board members, board staff, or the
84.25 	amount paid by the board for reproducing records.
84.26 	(b) Disciplinary action taken by the board under this
84.27 	subdivision is in effect pending determination of an appeal
84.28 	unless the court, upon petition and for good cause shown,
84.29 	decides otherwise.
84.30 		Subd. 2.Reprimands. (a) In addition to the board's
84.31 	authority to issue a reprimand pursuant to subdivision 1, a
84.32 	designated board member reviewing a complaint as provided for in
84.33 	chapter 214 may issue a reprimand to a licensee.  The designated
84.34 	board member must notify the licensee that the reprimand will
84.35 	become final disciplinary action unless the licensee requests a
84.36 	hearing by the board within 14 calendar days.
85.1 	(b) If the licensee requests a hearing within 14 calendar
85.2 	days, the board must schedule a hearing unless the designated
85.3 	board member withdraws the reprimand.
85.4 	(c) The hearing must be scheduled within 14 working days of
85.5 	the time the licensee submits a request for the hearing.
85.6 	(d) The designated board member who issued the reprimand
85.7 	may participate in the hearing but must not deliberate or vote
85.8 	on the decision by the board.
85.9 	(e) The only evidence permitted at the hearing is
85.10 	affidavits or other documents except for testimony by the
85.11 	licensee or other witnesses whose testimony the board chair has
85.12 	authorized for good cause.
85.13 	(f) If testimony is authorized, the testimony is subject to
85.14 	cross-examination.
85.15 	(g) After the hearing, the board must affirm or dismiss the
85.16 	reprimand.
85.17 		Subd. 3.Temporary suspensions. (a) In addition to any
85.18 	other remedy provided by statute, the board or a designated
85.19 	board member may, without a hearing, temporarily suspend a
85.20 	license to practice social work if the board or the designated
85.21 	board member finds that:
85.22 	(1) the licensee has violated a statute or rule enforced by
85.23 	the board, any other federal or state law or rule related to the
85.24 	practice of social work, or an order, stipulation, or agreement
85.25 	agreed to or issued by the board; and 
85.26 	(2) continued practice by the licensee would create a
85.27 	serious risk of harm to others.
85.28 	(b) The suspension is in effect upon service of a written
85.29 	order on the licensee specifying the statute, rule, order,
85.30 	stipulation, or agreement violated.  Service of the order is
85.31 	effective if the order is served on the licensee or the
85.32 	licensee's attorney personally or by first class mail to the
85.33 	most recent address provided to the board for the licensee or
85.34 	the licensee's attorney.
85.35 	(c) The temporary suspension remains in effect until after
85.36 	the board issues an order pursuant to paragraph (e), or if there
86.1 	is a contested case hearing, after the board issues a written
86.2 	final order pursuant to paragraph (g).
86.3 	(d) If the licensee requests in writing within five
86.4 	calendar days of service of the order that the board hold a
86.5 	hearing, the board must hold a hearing on the sole issue of
86.6 	whether to continue, modify, or lift the suspension.  The board
86.7 	must hold the hearing within ten working days of receipt of the
86.8 	licensee's written request.  Evidence presented by the board or
86.9 	licensee must be in affidavit form only, except that the
86.10 	licensee or the licensee's attorney may present oral argument.
86.11 	(e) Within five working days after the hearing, the board
86.12 	must issue its order.  If the licensee contests the order, the
86.13 	board must schedule a contested case hearing under chapter 14.
86.14 	The contested case hearing must be scheduled to occur within 45
86.15 	calendar days after issuance of the order.
86.16 	(f) The administrative law judge must issue a report within
86.17 	30 calendar days after the contested case hearing is concluded.
86.18 	(g) The board must issue a final order within 30 calendar
86.19 	days after the board receives the administrative law judge's
86.20 	report.

86.21 	Sec. 58. [148D.265] ADVERSARIAL BUT NONDISCIPLINARY
86.22 	ACTIONS.
86.23 		Subdivision 1.Automatic suspensions. (a) A license to
86.24 	practice social work is automatically suspended if:
86.25 	(1) a guardian of a licensee is appointed by order of a
86.26 	court pursuant to sections 524.5-101 and 524.5.102; or 
86.27 	(2) the licensee is committed by order of a court pursuant
86.28 	to chapter 253B.
86.29 	(b) A license remains suspended until:
86.30 	(1) the licensee is restored to capacity by a court; and 
86.31 	(2) upon petition by the licensee and after a hearing or an
86.32 	agreement with the licensee, the board terminates the suspension.
86.33 	(c) If the board terminates the suspension, it may do so
86.34 	with or without conditions or restrictions, including, but not
86.35 	limited to, participation in the health professional services
86.36 	program.
87.1 		Subd. 2.Cease and desist orders. (a) The board or a
87.2 	designated board member may issue a cease and desist order to
87.3 	stop a person from engaging in unauthorized practice or from
87.4 	violating or threatening to violate a statute or rule enforced
87.5 	by the board or an order, stipulation, or agreement agreed to or
87.6 	issued by the board.
87.7 	(b) The cease and desist order must state the reason for
87.8 	its issuance and give notice of the person's right to request a
87.9 	hearing under sections 14.57 to 14.62.  If the person fails to
87.10 	request a hearing in writing postmarked within 15 calendar days
87.11 	after service of the cease and desist order, the order is the
87.12 	final order of the board and is not reviewable by a court or
87.13 	agency.
87.14 	(c) If the board receives a written request for a hearing
87.15 	postmarked within 15 calendar days after service of the cease
87.16 	and desist order, the board must schedule a hearing within 30
87.17 	calendar days of receiving the request.
87.18 	(d) The administrative law judge must issue a report within
87.19 	30 calendar days after the contested case hearing is concluded.
87.20 	(e) Within 30 calendar days after the board receives the
87.21 	administrative law judge's report, the board must issue a final
87.22 	order modifying, vacating, or making permanent the cease and
87.23 	desist order.  The final order remains in effect until modified
87.24 	or vacated by the board.
87.25 	(f) If a person does not comply with a cease and desist
87.26 	order, the board may institute a proceeding in any district
87.27 	court to obtain injunctive relief or other appropriate relief,
87.28 	including but not limited to, a civil penalty payable to the
87.29 	board of up to $10,000 for each violation.
87.30 	(g) A cease and desist order issued pursuant to this
87.31 	subdivision does not relieve a person from criminal prosecution
87.32 	by a competent authority or from disciplinary action by the
87.33 	board.
87.34 		Subd. 3.Injunctive relief. (a) In addition to any other
87.35 	remedy provided by law, the board may bring an action in
87.36 	district court for injunctive relief to restrain any
88.1 	unauthorized practice or violation or threatened violation of
88.2 	any statute or rule, stipulation, or agreement agreed to or
88.3 	enforced by the board or an order issued by the board.
88.4 	(b) A temporary restraining order may be granted in the
88.5 	proceeding if continued activity by a person would create an
88.6 	imminent risk of harm to others.
88.7 	(c) Injunctive relief granted pursuant to this subdivision
88.8 	does not relieve a person from criminal prosecution by a
88.9 	competent authority or from disciplinary action by the board.
88.10 	(d) In bringing an action for injunctive relief, the board
88.11 	need not show irreparable harm.

88.12 	Sec. 59. [148D.270] VOLUNTARY ACTIONS.
88.13 		Subdivision 1.Agreements for corrective action. (a) The
88.14 	board or a designated board member may enter into an agreement
88.15 	for corrective action with an applicant or licensee when the
88.16 	board or a designated board member determines that a complaint
88.17 	alleging a violation of a statute or rule enforced by the board
88.18 	or an order issued by the board may best be resolved through an
88.19 	agreement for corrective action when disciplinary action is not
88.20 	required to protect the public.
88.21 	(b) An agreement for corrective action must:
88.22 	(1) be in writing;
88.23 	(2) specify the facts upon which the agreement is based;
88.24 	(3) clearly indicate the corrective action agreed upon; and 
88.25 	(4) provide that the complaint that resulted in the
88.26 	agreement must be dismissed by the board or the designated board
88.27 	member upon successful completion of the corrective action.
88.28 	(c) The board or designated board member may determine
88.29 	successful completion when the applicant or licensee submits a
88.30 	request for dismissal that documents the applicant's or
88.31 	licensee's successful completion of the corrective action.  The
88.32 	burden of proof is on the applicant or licensee to prove
88.33 	successful completion.
88.34 	(d) An agreement for corrective action is not disciplinary
88.35 	action but must be treated as public data under chapter 13.
88.36 	(e) The board may impose a fee to reimburse the board for
89.1 	all or part of the costs of the proceedings resulting in a
89.2 	corrective action, including, but not limited to, the amount
89.3 	paid by the board for services received from or expenses
89.4 	incurred by the Office of the Attorney General, board members,
89.5 	board staff, or the amount paid by the board for reproducing
89.6 	records.
89.7 	(f) The board or designated board member must not enter
89.8 	into an agreement for corrective action when the complaint
89.9 	alleged sexual conduct with a client unless there is
89.10 	insufficient evidence to justify disciplinary action but there
89.11 	is a basis for corrective action.
89.12 		Subd. 2.Stipulations to cease practicing social
89.13 	work. (a) The board or a designated board member may enter into
89.14 	a stipulation to cease practicing social work with a licensee if
89.15 	the board or designated board member determines that the
89.16 	licensee is unable to practice social work competently or safely
89.17 	or that the social worker's continued practice creates an
89.18 	unacceptable risk of safety to clients, potential clients, or
89.19 	the public.
89.20 	(b) A stipulation to cease practicing social work must:
89.21 	(1) be in writing;
89.22 	(2) specify the facts upon which the stipulation is based;
89.23 	(3) clearly indicate that the licensee must not practice
89.24 	social work and must not hold out to the public that the social
89.25 	worker is licensed; and 
89.26 	(4) specify the term of the stipulation or when and under
89.27 	what circumstances the licensee may petition the board for
89.28 	termination of the stipulation.
89.29 	(c) A stipulation to cease practicing social work is not
89.30 	disciplinary action but must be treated as public data under
89.31 	chapter 13.
89.32 	(d) Nothing in this subdivision prevents the board or
89.33 	designated board member from taking any other disciplinary or
89.34 	adversarial action authorized by sections 148D.255 to 148D.265
89.35 	in lieu of or in addition to entering into a stipulation to
89.36 	cease practicing social work.

90.1 	Sec. 60. [148D.275] UNAUTHORIZED PRACTICE.
90.2 	No individual may:
90.3 	(1) engage in the practice of social work without a social
90.4 	work license under sections 148D.055 and 148D.060, except when
90.5 	the individual is exempt from licensure pursuant to section
90.6 	148D.065;
90.7 	(2) provide social work services to a client who resides in
90.8 	this state when the individual providing the services is not
90.9 	licensed as a social worker pursuant to sections 148D.055 to
90.10 	148D.060, except when the individual is exempt from licensure
90.11 	pursuant to section 148D.065.

90.12 	Sec. 61. [148D.280] USE OF TITLES.
90.13 	No individual may be presented to the public by any title
90.14 	incorporating the words "social work" or "social worker" or in
90.15 	the titles in section 148D.195, unless that individual holds a
90.16 	license pursuant to sections 148D.055 and 148D.060, or practices
90.17 	in a setting exempt from licensure pursuant to section 148D.065.

90.18 	Sec. 62. [148D.285] REPORTING REQUIREMENTS.
90.19 		Subdivision 1.Institutions. A state agency, political
90.20 	subdivision, agency of a local unit of government, private
90.21 	agency, hospital, clinic, prepaid medical plan, or other health
90.22 	care institution or organization must report to the board:
90.23 	(1) any adversarial action, disciplinary action, or other
90.24 	sanction for conduct that might constitute grounds for action
90.25 	under section 148D.190;
90.26 	(2) the resignation of any applicant or licensee prior to
90.27 	the conclusion of any proceeding for adversarial action,
90.28 	disciplinary action, or other sanction for conduct that might
90.29 	constitute grounds for action under section 148D.190; or 
90.30 	(3) the resignation of any applicant or licensee prior to
90.31 	the commencement of a proceeding for adversarial action,
90.32 	disciplinary action, or other sanction for conduct that might
90.33 	constitute grounds for action under section 148D.190, but after
90.34 	the applicant or licensee had knowledge that a proceeding was
90.35 	contemplated or in preparation.
90.36 		Subd. 2.Professional societies and associations. A
91.1 	state or local professional society or association whose members
91.2 	consist primarily of licensed social workers must report to the
91.3 	board any adversarial action, disciplinary action, or other
91.4 	sanction taken against a member.
91.5 		Subd. 3.Immunity. An individual, professional society
91.6 	or association, state agency, political subdivision, agency of a
91.7 	local unit of government, private agency, hospital, clinic,
91.8 	prepaid medical plan, other health care institution or
91.9 	organization or other entity is immune from civil liability or
91.10 	criminal prosecution for submitting in good faith a report under
91.11 	subdivision 1 or 2 or for otherwise reporting, providing
91.12 	information, or testifying about violations or alleged
91.13 	violations of this chapter.

91.14 	Sec. 63. [148D.290] PENALTIES.
91.15 	An individual or other entity that violates section
91.16 	148D.275, 148D.280, or 148D.285 is guilty of a misdemeanor.

91.17 	Sec. 64. Minnesota Statutes 2004, section 214.01,
91.18 	subdivision 2, is amended to read:
91.19 		Subd. 2.Health-related licensing board.  "Health-related
91.20 	licensing board" means the Board of Examiners of Nursing Home
91.21 	Administrators established pursuant to section 144A.19, the
91.22 	Office of Unlicensed Complementary and Alternative Health Care
91.23 	Practice established pursuant to section 146A.02, the Board of
91.24 	Medical Practice created pursuant to section 147.01, the Board
91.25 	of Nursing created pursuant to section 148.181, the Board of
91.26 	Chiropractic Examiners established pursuant to section 148.02,
91.27 	the Board of Optometry established pursuant to section 148.52,
91.28 	the Board of Physical Therapy established pursuant to section
91.29 	148.67, the Board of Psychology established pursuant to section
91.30 	148.90, the Board of Social Work pursuant to section 148B.19 
91.31 	148D.025, the Board of Marriage and Family Therapy pursuant to
91.32 	section 148B.30, the Office of Mental Health Practice
91.33 	established pursuant to section 148B.61, the Board of Behavioral
91.34 	Health and Therapy established by section 148B.51, the Alcohol
91.35 	and Drug Counselors Licensing Advisory Council established
91.36 	pursuant to section 148C.02, the Board of Dietetics and
92.1 	Nutrition Practice established under section 148.622, the Board
92.2 	of Dentistry established pursuant to section 150A.02, the Board
92.3 	of Pharmacy established pursuant to section 151.02, the Board of
92.4 	Podiatric Medicine established pursuant to section 153.02, and
92.5 	the Board of Veterinary Medicine, established pursuant to
92.6 	section 156.01.

92.7 	Sec. 65. Minnesota Statutes 2004, section 245.462,
92.8 	subdivision 18, is amended to read:
92.9 		Subd. 18.Mental health professional.  "Mental health
92.10 	professional" means a person providing clinical services in the
92.11 	treatment of mental illness who is qualified in at least one of
92.12 	the following ways:
92.13 	(1) in psychiatric nursing:  a registered nurse who is
92.14 	licensed under sections 148.171 to 148.285; and:
92.15 	(i) who is certified as a clinical specialist or as a nurse
92.16 	practitioner in adult or family psychiatric and mental health
92.17 	nursing by a national nurse certification organization; or
92.18 	(ii) who has a master's degree in nursing or one of the
92.19 	behavioral sciences or related fields from an accredited college
92.20 	or university or its equivalent, with at least 4,000 hours of
92.21 	post-master's supervised experience in the delivery of clinical
92.22 	services in the treatment of mental illness;
92.23 	(2) in clinical social work:  a person licensed as an
92.24 	independent clinical social worker under section 148B.21,
92.25 	subdivision 6 chapter 148D, or a person with a master's degree
92.26 	in social work from an accredited college or university, with at
92.27 	least 4,000 hours of post-master's supervised experience in the
92.28 	delivery of clinical services in the treatment of mental
92.29 	illness;
92.30 	(3) in psychology:  an individual licensed by the Board of
92.31 	Psychology under sections 148.88 to 148.98 who has stated to the
92.32 	Board of Psychology competencies in the diagnosis and treatment
92.33 	of mental illness;
92.34 	(4) in psychiatry:  a physician licensed under chapter 147
92.35 	and certified by the American Board of Psychiatry and Neurology
92.36 	or eligible for board certification in psychiatry;
93.1 	(5) in marriage and family therapy:  the mental health
93.2 	professional must be a marriage and family therapist licensed
93.3 	under sections 148B.29 to 148B.39 with at least two years of
93.4 	post-master's supervised experience in the delivery of clinical
93.5 	services in the treatment of mental illness; or
93.6 	(6) in allied fields:  a person with a master's degree from
93.7 	an accredited college or university in one of the behavioral
93.8 	sciences or related fields, with at least 4,000 hours of
93.9 	post-master's supervised experience in the delivery of clinical
93.10 	services in the treatment of mental illness.

93.11 	Sec. 66. Minnesota Statutes 2004, section 245.4871,
93.12 	subdivision 27, is amended to read:
93.13 		Subd. 27.Mental health professional.  "Mental health
93.14 	professional" means a person providing clinical services in the
93.15 	diagnosis and treatment of children's emotional disorders.  A
93.16 	mental health professional must have training and experience in
93.17 	working with children consistent with the age group to which the
93.18 	mental health professional is assigned.  A mental health
93.19 	professional must be qualified in at least one of the following
93.20 	ways:
93.21 	(1) in psychiatric nursing, the mental health professional
93.22 	must be a registered nurse who is licensed under sections
93.23 	148.171 to 148.285 and who is certified as a clinical specialist
93.24 	in child and adolescent psychiatric or mental health nursing by
93.25 	a national nurse certification organization or who has a
93.26 	master's degree in nursing or one of the behavioral sciences or
93.27 	related fields from an accredited college or university or its
93.28 	equivalent, with at least 4,000 hours of post-master's
93.29 	supervised experience in the delivery of clinical services in
93.30 	the treatment of mental illness;
93.31 	(2) in clinical social work, the mental health professional
93.32 	must be a person licensed as an independent clinical social
93.33 	worker under section 148B.21, subdivision 6chapter 148D, or a
93.34 	person with a master's degree in social work from an accredited
93.35 	college or university, with at least 4,000 hours of
93.36 	post-master's supervised experience in the delivery of clinical
94.1 	services in the treatment of mental disorders;
94.2 	(3) in psychology, the mental health professional must be
94.3 	an individual licensed by the board of psychology under sections
94.4 	148.88 to 148.98 who has stated to the board of psychology
94.5 	competencies in the diagnosis and treatment of mental disorders;
94.6 	(4) in psychiatry, the mental health professional must be a
94.7 	physician licensed under chapter 147 and certified by the
94.8 	American board of psychiatry and neurology or eligible for board
94.9 	certification in psychiatry;
94.10 	(5) in marriage and family therapy, the mental health
94.11 	professional must be a marriage and family therapist licensed
94.12 	under sections 148B.29 to 148B.39 with at least two years of
94.13 	post-master's supervised experience in the delivery of clinical
94.14 	services in the treatment of mental disorders or emotional
94.15 	disturbances; or
94.16 	(6) in allied fields, the mental health professional must
94.17 	be a person with a master's degree from an accredited college or
94.18 	university in one of the behavioral sciences or related fields,
94.19 	with at least 4,000 hours of post-master's supervised experience
94.20 	in the delivery of clinical services in the treatment of
94.21 	emotional disturbances.

94.22 	Sec. 67. Minnesota Statutes 2004, section 256B.0625,
94.23 	subdivision 38, is amended to read:
94.24 		Subd. 38.Payments for mental health services.  Payments
94.25 	for mental health services covered under the medical assistance
94.26 	program that are provided by masters-prepared mental health
94.27 	professionals shall be 80 percent of the rate paid to
94.28 	doctoral-prepared professionals.  Payments for mental health
94.29 	services covered under the medical assistance program that are
94.30 	provided by masters-prepared mental health professionals
94.31 	employed by community mental health centers shall be 100 percent
94.32 	of the rate paid to doctoral-prepared professionals.  For
94.33 	purposes of reimbursement of mental health professionals under
94.34 	the medical assistance program, all social workers who:
94.35 	(1) have received a master's degree in social work from a
94.36 	program accredited by the Council on Social Work Education;
95.1 	(2) are licensed at the level of graduate social worker or
95.2 	independent social worker; and
95.3 	(3) are practicing clinical social work under appropriate
95.4 	supervision, as defined by section 148B.18chapter 148D; meet
95.5 	all requirements under Minnesota Rules, part 9505.0323, subpart
95.6 	24, and shall be paid accordingly.

95.7 	Sec. 68. Minnesota Statutes 2004, section 256J.08,
95.8 	subdivision 73a, is amended to read:
95.9 		Subd. 73a.Qualified professional.  (a) For physical
95.10 	illness, injury, or incapacity, a "qualified professional" means
95.11 	a licensed physician, a physician's assistant, a nurse
95.12 	practitioner, or a licensed chiropractor.
95.13 	(b) For mental retardation and intelligence testing, a
95.14 	"qualified professional" means an individual qualified by
95.15 	training and experience to administer the tests necessary to
95.16 	make determinations, such as tests of intellectual functioning,
95.17 	assessments of adaptive behavior, adaptive skills, and
95.18 	developmental functioning.  These professionals include licensed
95.19 	psychologists, certified school psychologists, or certified
95.20 	psychometrists working under the supervision of a licensed
95.21 	psychologist.
95.22 	(c) For learning disabilities, a "qualified professional"
95.23 	means a licensed psychologist or school psychologist with
95.24 	experience determining learning disabilities.
95.25 	(d) For mental health, a "qualified professional" means a
95.26 	licensed physician or a qualified mental health professional.  A
95.27 	"qualified mental health professional" means:
95.28 	(1) for children, in psychiatric nursing, a registered
95.29 	nurse who is licensed under sections 148.171 to 148.285, and who
95.30 	is certified as a clinical specialist in child and adolescent
95.31 	psychiatric or mental health nursing by a national nurse
95.32 	certification organization or who has a master's degree in
95.33 	nursing or one of the behavioral sciences or related fields from
95.34 	an accredited college or university or its equivalent, with at
95.35 	least 4,000 hours of post-master's supervised experience in the
95.36 	delivery of clinical services in the treatment of mental
96.1 	illness;
96.2 	(2) for adults, in psychiatric nursing, a registered nurse
96.3 	who is licensed under sections 148.171 to 148.285, and who is
96.4 	certified as a clinical specialist in adult psychiatric and
96.5 	mental health nursing by a national nurse certification
96.6 	organization or who has a master's degree in nursing or one of
96.7 	the behavioral sciences or related fields from an accredited
96.8 	college or university or its equivalent, with at least 4,000
96.9 	hours of post-master's supervised experience in the delivery of
96.10 	clinical services in the treatment of mental illness;
96.11 	(3) in clinical social work, a person licensed as an
96.12 	independent clinical social worker under section 148B.21,
96.13 	subdivision 6 chapter 148D, or a person with a master's degree
96.14 	in social work from an accredited college or university, with at
96.15 	least 4,000 hours of post-master's supervised experience in the
96.16 	delivery of clinical services in the treatment of mental
96.17 	illness;
96.18 	(4) in psychology, an individual licensed by the Board of
96.19 	Psychology under sections 148.88 to 148.98, who has stated to
96.20 	the Board of Psychology competencies in the diagnosis and
96.21 	treatment of mental illness;
96.22 	(5) in psychiatry, a physician licensed under chapter 147
96.23 	and certified by the American Board of Psychiatry and Neurology
96.24 	or eligible for board certification in psychiatry; and
96.25 	(6) in marriage and family therapy, the mental health
96.26 	professional must be a marriage and family therapist licensed
96.27 	under sections 148B.29 to 148B.39, with at least two years of
96.28 	post-master's supervised experience in the delivery of clinical
96.29 	services in the treatment of mental illness.

96.30 	Sec. 69. Minnesota Statutes 2004, section 319B.02,
96.31 	subdivision 19, is amended to read:
96.32 		Subd. 19.Professional services.  "Professional services"
96.33 	means services of the type required or permitted to be furnished
96.34 	by a professional under a license, registration, or certificate
96.35 	issued by the state of Minnesota to practice medicine and
96.36 	surgery under sections 147.01 to 147.22, as a physician
97.1 	assistant pursuant to sections 147A.01 to 147A.27, chiropractic
97.2 	under sections 148.01 to 148.105, registered nursing under
97.3 	sections 148.171 to 148.285, optometry under sections 148.52 to
97.4 	148.62, psychology under sections 148.88 to 148.98, social work
97.5 	under sections 148B.18 to 148B.289chapter 148D, dentistry and
97.6 	dental hygiene under sections 150A.01 to 150A.12, pharmacy under
97.7 	sections 151.01 to 151.40, podiatric medicine under sections
97.8 	153.01 to 153.25, veterinary medicine under sections 156.001 to
97.9 	156.14, architecture, engineering, surveying, landscape
97.10 	architecture, geoscience, and certified interior design under
97.11 	sections 326.02 to 326.15, accountancy under chapter 326A, or
97.12 	law under sections 481.01 to 481.17, or under a license or
97.13 	certificate issued by another state under similar laws.
97.14 	Professional services includes services of the type required to
97.15 	be furnished by a professional pursuant to a license or other
97.16 	authority to practice law under the laws of a foreign nation.

97.17 	Sec. 70. Minnesota Statutes 2004, section 319B.40, is
97.18 	amended to read:
97.19 	319B.40 PROFESSIONAL HEALTH SERVICES.
97.20 	(a) Individuals who furnish professional services pursuant
97.21 	to a license, registration, or certificate issued by the state
97.22 	of Minnesota to practice medicine pursuant to sections 147.01 to
97.23 	147.22, as a physician assistant pursuant to sections 147A.01 to
97.24 	147A.27, chiropractic pursuant to sections 148.01 to 148.106,
97.25 	registered nursing pursuant to sections 148.171 to 148.285,
97.26 	optometry pursuant to sections 148.52 to 148.62, psychology
97.27 	pursuant to sections 148.88 to 148.98, social work pursuant to
97.28 	sections 148B.18 to 148B.289chapter 148D, dentistry pursuant to
97.29 	sections 150A.01 to 150A.12, pharmacy pursuant to sections
97.30 	151.01 to 151.40, or podiatric medicine pursuant to sections
97.31 	153.01 to 153.26 are specifically authorized to practice any of
97.32 	these categories of services in combination if the individuals
97.33 	are organized under this chapter.
97.34 	(b) This authorization does not authorize an individual to
97.35 	practice any profession, or furnish a professional service, for
97.36 	which the individual is not licensed, registered, or certified,
98.1 	but otherwise applies regardless of any contrary provision of a
98.2 	licensing statute or rules adopted pursuant to that statute,
98.3 	related to practicing and organizing in combination with other
98.4 	health services professionals.

98.5 	Sec. 71. REPEALER.
 98.6 		Subdivision 1.Repeal of statutes. Minnesota Statutes
98.7 	2004, sections 148B.18; 148B.185; 148B.19; 148B.20; 148B.21;
98.8 	148B.215; 148B.22; 148B.224; 148B.225; 148B.226; 148B.24;
98.9 	148B.25; 148B.26; 148B.27; 148B.28; 148B.281; 148B.282;
98.10 	148B.283; 148B.284; 148B.285; 148B.286; 148B.287; 148B.288; and
98.11 	148B.289, are repealed.
98.12 		Subd. 2.Repeal of rules. Minnesota Rules, parts
98.13 	8740.0100; 8740.0110; 8740.0120; 8740.0122; 8740.0130;
98.14 	8740.0155; 8740.0185; 8740.0187; 8740.0200; 8740.0240;
98.15 	8740.0260; 8740.0285; 8740.0300; 8740.0310; 8740.0315;
98.16 	8740.0320; 8740.0325; 8740.0330; 8740.0335; 8740.0340; and
98.17 	8740.0345, are repealed.

98.18 	Sec. 72. EFFECTIVE DATE.
 98.19 	This article is effective January 1, 2006.

98.20 	ARTICLE 2
98.21 	BOARD OF PHYSICAL THERAPY

98.22 	Section 1. Minnesota Statutes 2004, section 148.65, is
98.23 	amended by adding a subdivision to read:
98.24 		Subd. 3.Physical therapist assistant. "Physical
98.25 	therapist assistant" means a graduate of a physical therapist
98.26 	assistant educational program accredited by the Commission on
98.27 	Accreditation in Physical Therapy Education (CAPTE) or a
98.28 	recognized comparable national accrediting agency approved by
98.29 	the board.  The physical therapist assistant, under the
98.30 	direction and supervision of the physical therapist, performs
98.31 	physical therapy interventions and assists with coordination,
98.32 	communication, and documentation; and patient-client-related
98.33 	instruction.  The physical therapist is not required to be
98.34 	on-site except as required under Minnesota Rules, part
98.35 	5601.1500, but must be easily available by telecommunications.

98.36 	Sec. 2. Minnesota Statutes 2004, section 148.65, is
99.1 	amended by adding a subdivision to read:
99.2 		Subd. 4.Physical therapy aide. "Physical therapy aide"
99.3 	means a person, working under the direct supervision of a
99.4 	physical therapist, who is not a physical therapist assistant as
99.5 	defined in subdivision 3, who performs tasks as provided under
99.6 	Minnesota Rules, part 5601.1400.

99.7 	Sec. 3. Minnesota Statutes 2004, section 148.65, is
99.8 	amended by adding a subdivision to read:
99.9 		Subd. 5.Student physical therapist. "Student physical
99.10 	therapist" means a person in a professional educational program,
99.11 	approved by the board under section 148.705, who is satisfying
99.12 	supervised clinical education requirements by performing
99.13 	physical therapy under the on-site supervision of a licensed
99.14 	physical therapist.  "On-site supervision" means the physical
99.15 	therapist is easily available for instruction to the student
99.16 	physical therapist.  The physical therapist shall have direct
99.17 	contact with the patient during at least every second treatment
99.18 	session by the student physical therapist.  Telecommunications,
99.19 	except within the facility, does not meet the requirement of
99.20 	on-site supervision.

99.21 	Sec. 4. Minnesota Statutes 2004, section 148.65, is
99.22 	amended by adding a subdivision to read:
99.23 		Subd. 6.Student physical therapist assistant. "Student
99.24 	physical therapist assistant" means a person in a physical
99.25 	therapist assistant educational program accredited by the
99.26 	Commission on Accreditation in Physical Therapy Education
99.27 	(CAPTE) or a recognized comparable national accrediting agency
99.28 	approved by the board.  The student physical therapist
99.29 	assistant, under the direct supervision of the physical
99.30 	therapist, or the direct supervision of the physical therapist
99.31 	and physical therapist assistant, performs physical therapy
99.32 	interventions and assists with coordination, communication,
99.33 	documentation, and patient-client-related instruction.  "Direct
99.34 	supervision" means the physical therapist is physically present
99.35 	and immediately available to provide instruction to the student
99.36 	physical therapist assistant.

100.1 	Sec. 5. Minnesota Statutes 2004, section 148.65, is
100.2 	amended by adding a subdivision to read:
100.3 		Subd. 7.Supportive personnel. "Supportive personnel"
100.4 	means a physical therapist assistant and a physical therapy aide.

100.5 	Sec. 6. Minnesota Statutes 2004, section 148.706, is
100.6 	amended to read:
100.7 	148.706 SUPERVISION OF ASSISTANTS AND ,AIDES, AND
100.8 	STUDENTS.
100.9 	Every physical therapist who uses the services of an a
100.10 	physical therapist assistant or physical therapy aide for the
100.11 	purpose of assisting in the practice of physical therapy is
100.12 	responsible for functions performed by the assistant or aide
100.13 	while engaged in such assistance.  The physical therapist shall
100.14 	permit the assistant or aide to perform only those functions
100.15 	which the therapist is authorized by rule to delegate to a
100.16 	physical therapist assistant or assign to a physical therapy
100.17 	aide and shall provide supervision as specified delegate duties
100.18 	to the physical therapist assistant and assign tasks to the
100.19 	physical therapy aide in accordance with Minnesota Rules, part
100.20 	5601.1400. Physical therapists who instruct student physical
100.21 	therapists and student physical therapist assistants are
100.22 	responsible for the functions performed by the students and
100.23 	shall supervise the students as provided under section 148.65,
100.24 	subdivisions 5 and 6.

100.25 	Sec. 7. [148.735] CANCELLATION OF LICENSE IN GOOD
100.26 	STANDING.
100.27 		Subdivision 1.Board approval; reporting. A physical
100.28 	therapist holding an active license to practice physical therapy
100.29 	in the state may, upon approval of the board, be granted license
100.30 	cancellation if the board is not investigating the person as a
100.31 	result of a complaint or information received or if the board
100.32 	has not begun disciplinary proceedings against the person.  Such
100.33 	action by the board shall be reported as a cancellation of a
100.34 	license in good standing.
100.35 		Subd. 2.Fees nonrefundable. A physical therapist who
100.36 	receives board approval for license cancellation is not entitled
101.1 	to a refund of any license fees paid for the licensure year in
101.2 	which cancellation of the license occurred.
101.3 		Subd. 3.New license after cancellation. If a physical
101.4 	therapist who has been granted board approval for license
101.5 	cancellation desires to resume the practice of physical therapy
101.6 	in Minnesota, that physical therapist must obtain a new license
101.7 	by applying for licensure and fulfilling the requirements then
101.8 	in existence for obtaining an initial license to practice
101.9 	physical therapy in Minnesota.

101.10 	Sec. 8. [148.736] CANCELLATION OF CREDENTIALS UNDER
101.11 	DISCIPLINARY ORDER.
101.12 		Subdivision 1.Board approval; reporting. A physical
101.13 	therapist, whose right to practice is under suspension,
101.14 	condition, limitation, qualification, or restriction by the
101.15 	board may be granted cancellation of credentials by approval of
101.16 	the board.  Such action by the board shall be reported as
101.17 	cancellation while under discipline.  Credentials, for purposes
101.18 	of this section, means board authorized documentation of the
101.19 	privilege to practice physical therapy.
101.20 		Subd. 2.Fees nonrefundable. A physical therapist who
101.21 	receives board approval for credential cancellation is not
101.22 	entitled to a refund of any fees paid for the credentialing year
101.23 	in which cancellation of the credential occurred.
101.24 		Subd. 3.New credential after cancellation. If a
101.25 	physical therapist who has been granted board approval for
101.26 	credential cancellation desires to resume the practice of
101.27 	physical therapy in Minnesota, that physical therapist must
101.28 	obtain a new credential by applying to the board and fulfilling
101.29 	the requirements then in existence for obtaining an initial
101.30 	credential to practice physical therapy in Minnesota.

101.31 	Sec. 9. [148.737] CANCELLATION OF LICENSE FOR
101.32 	NONRENEWAL.
101.33 	The Board of Physical Therapy shall not renew, reissue,
101.34 	reinstate, or restore a license that has lapsed on or after
101.35 	January 1, 2006, and has not been renewed within two annual
101.36 	license renewal cycles starting January 1, 2008.  A licensee
102.1 	whose license is canceled for nonrenewal must obtain a new
102.2 	license by applying for licensure and fulfilling all
102.3 	requirements then in existence for an initial license to
102.4 	practice physical therapy in Minnesota.

102.5 	Sec. 10. Minnesota Statutes 2004, section 148.75, is
102.6 	amended to read:
102.7 	148.75 LICENSES; DENIAL, SUSPENSION, REVOCATION.
102.8 	(a) The state Board of Physical Therapy may refuse to grant
102.9 	a license to any physical therapist, or may suspend or revoke
102.10 	the license of any physical therapist for any of the following
102.11 	grounds:
102.12 	(1) using drugs or intoxicating liquors to an extent which
102.13 	affects professional competence;
102.14 	(2) conviction of a felony;
102.15 	(3) conviction for violating any state or federal narcotic
102.16 	law;
102.17 	(4) obtaining a license or attempting to obtain a license
102.18 	by fraud or deception;
102.19 	(5) conduct unbecoming a person licensed as a physical
102.20 	therapist or conduct detrimental to the best interests of the
102.21 	public;
102.22 	(6) gross negligence in the practice of physical therapy as
102.23 	a physical therapist;
102.24 	(7) treating human ailments by physical therapy after an
102.25 	initial 30-day period of patient admittance to treatment has
102.26 	lapsed, except by the order or referral of a person licensed in
102.27 	this state in the practice of medicine as defined in section
102.28 	147.081, the practice of chiropractic as defined in section
102.29 	148.01, the practice of podiatry as defined in section 153.01,
102.30 	or the practice of dentistry as defined in section 150A.05 and
102.31 	whose license is in good standing; or when a previous diagnosis
102.32 	exists indicating an ongoing condition warranting physical
102.33 	therapy treatment, subject to periodic review defined by board
102.34 	of physical therapy rule;
102.35 	(8) treating human ailments, without referral, by physical
102.36 	therapy treatment without first having practiced one year under
103.1 	a physician's orders as verified by the board's records;
103.2 	(9) failing to consult with the patient's health care
103.3 	provider who prescribed the physical therapy treatment if the
103.4 	treatment is altered by the physical therapist from the original
103.5 	written order.  The provision does not include written orders to
103.6 	"evaluate and treat";
103.7 	(10) treating human ailments other than by physical therapy
103.8 	unless duly licensed or registered to do so under the laws of
103.9 	this state;
103.10 	(11) inappropriate delegation to a physical therapist
103.11 	assistant or inappropriate task assignment to an aide or
103.12 	inadequate supervision of either level of supportive personnel a
103.13 	student physical therapist, physical therapist assistant,
103.14 	student physical therapist assistant, or a physical therapy
103.15 	aide;
103.16 	(12) practicing as a physical therapist performing medical
103.17 	diagnosis, the practice of medicine as defined in section
103.18 	147.081, or the practice of chiropractic as defined in section
103.19 	148.01;
103.20 	(13) failing to comply with a reasonable request to obtain
103.21 	appropriate clearance for mental or physical conditions that
103.22 	would interfere with the ability to practice physical therapy,
103.23 	and that may be potentially harmful to patients;
103.24 	(14) dividing fees with, or paying or promising to pay a
103.25 	commission or part of the fee to, any person who contacts the
103.26 	physical therapist for consultation or sends patients to the
103.27 	physical therapist for treatment;
103.28 	(15) engaging in an incentive payment arrangement, other
103.29 	than that prohibited by clause (14), that tends to promote
103.30 	physical therapy overuse, that allows the referring person or
103.31 	person who controls the availability of physical therapy
103.32 	services to a client to profit unreasonably as a result of
103.33 	patient treatment;
103.34 	(16) practicing physical therapy and failing to refer to a
103.35 	licensed health care professional a patient whose medical
103.36 	condition at the time of evaluation has been determined by the
104.1 	physical therapist to be beyond the scope of practice of a
104.2 	physical therapist; and 
104.3 	(17) failing to report to the board other licensed physical
104.4 	therapists who violate this section; and 
104.5 	(18) practice of physical therapy under lapsed or
104.6 	nonrenewed credentials.
104.7 	(b) A license to practice as a physical therapist is
104.8 	suspended if (1) a guardian of the physical therapist is
104.9 	appointed by order of a court pursuant to sections 524.5-101 to
104.10 	524.5-502, for reasons other than the minority of the physical
104.11 	therapist; or (2) the physical therapist is committed by order
104.12 	of a court pursuant to chapter 253B.  The license remains
104.13 	suspended until the physical therapist is restored to capacity
104.14 	by a court and, upon petition by the physical therapist, the
104.15 	suspension is terminated by the Board of Physical Therapy after
104.16 	a hearing.

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

105.23 	Sec. 12. [148.755] TEMPORARY SUSPENSION OF LICENSE.
105.24 	In addition to any other remedy provided by law, the board
105.25 	may, without a hearing, temporarily suspend the license of a
105.26 	physical therapist if the board finds that the physical
105.27 	therapist has violated a statute or rule which the board is
105.28 	empowered to enforce and continued practice by the physical
105.29 	therapist would create a serious risk of harm to the public.
105.30 	The suspension shall take effect upon written notice to the
105.31 	physical therapist, specifying the statute or rule violated.
105.32 	The suspension shall remain in effect until the board issues a
105.33 	final order in the matter after a hearing.  At the time it
105.34 	issues the suspension notice, the board shall schedule a
105.35 	disciplinary hearing to be held pursuant to the Administrative
105.36 	Procedure Act, chapter 14.  The physical therapist shall be
106.1 	provided with at least 20 days' notice of any hearing held
106.2 	pursuant to this section.  The hearing shall be scheduled to
106.3 	begin no later than 30 days after the issuance of the suspension
106.4 	order.

106.5 	Sec. 13. REPEALER.
 106.6 	Minnesota Rules, part 5601.0100, subparts 3 and 4, are
106.7 	repealed.

106.8 	ARTICLE 3
106.9 	BOARD OF PSYCHOLOGY

106.10 	Section 1. Minnesota Statutes 2004, section 148.89,
106.11 	subdivision 5, is amended to read:
106.12 		Subd. 5.Practice of psychology.  "Practice of
106.13 	psychology" means the observation, description, evaluation,
106.14 	interpretation, or modification of human behavior by the
106.15 	application of psychological principles, methods, or
106.16 	procedures for any reason, including to prevent, eliminate, or
106.17 	manage symptomatic, maladaptive, or undesired behavior and to
106.18 	enhance interpersonal relationships, work, life and
106.19 	developmental adjustment, personal and organizational
106.20 	effectiveness, behavioral health, and mental health.  The
106.21 	practice of psychology includes, but is not limited to, the
106.22 	following services, regardless of whether the provider receives
106.23 	payment for the services:
106.24 	(1) psychological research and teaching of psychology;
106.25 	(2) assessment, including psychological testing and other
106.26 	means of evaluating personal characteristics such as
106.27 	intelligence, personality, abilities, interests, aptitudes, and
106.28 	neuropsychological functioning;
106.29 	(3) a psychological report, whether written or oral,
106.30 	including testimony of a provider as an expert witness,
106.31 	concerning the characteristics of an individual or entity;
106.32 	(4) psychotherapy, including but not limited to, categories
106.33 	such as behavioral, cognitive, emotive, systems,
106.34 	psychophysiological, or insight-oriented therapies; counseling;
106.35 	hypnosis; and diagnosis and treatment of:
106.36 	(i) mental and emotional disorder or disability;
107.1 	(ii) alcohol and substance dependence or abuse;
107.2 	(iii) disorders of habit or conduct;
107.3 	(iv) the psychological aspects of physical illness or
107.4 	condition, accident, injury, or disability;
107.5 	(v) life adjustment issues, including work-related and
107.6 	bereavement issues; and
107.7 	(vi) child, family, or relationship issues;
107.8 	(5) psychoeducational services and treatment; and
107.9 	(6) consultation and supervision.

107.10 	Sec. 2. Minnesota Statutes 2004, section 148.90,
107.11 	subdivision 1, is amended to read:
107.12 		Subdivision 1.Board of psychology.  (a) The Board of
107.13 	Psychology is created with the powers and duties described in
107.14 	this section.  The board has 11 members who consist of:
107.15 	(1) three persons individuals licensed as licensed
107.16 	psychologists who have a doctoral degree degrees in psychology;
107.17 	(2) two persons individuals licensed as licensed
107.18 	psychologists who have a master's degree degrees in psychology;
107.19 	(3) two psychologists, not necessarily licensed, one with a
107.20 	doctoral degree in psychology who represents a doctoral training
107.21 	program in psychology, and one who represents a master's degree
107.22 	training program in psychology;
107.23 	(4) one person individual licensed or qualified to be
107.24 	licensed as:  (i) through December 31, 2010,a licensed 
107.25 	psychological practitioner; and (ii) after December 31, 2010, a
107.26 	licensed psychologist; and
107.27 	(5) three public members.
107.28 	(b) After the date on which fewer than 30 percent of the
107.29 	persons individuals licensed by the board as licensed
107.30 	psychologists qualify for licensure under section 148.907,
107.31 	subdivision 3, paragraph (b), the first vacancy vacancies filled
107.32 	under paragraph (a), clause (2), shall be filled by a person an
107.33 	individual with either a master's or doctoral degree in
107.34 	psychology licensed or qualified to be licensed as a
107.35 	licensed psychological practitioner.  From this date on, this
107.36 	position when vacant shall be filled by a person licensed or
108.1 	qualified to be licensed as a licensed psychological
108.2 	practitioner psychologist.
108.3 	(c) After the date on which fewer than 15 percent of the
108.4 	persons individuals licensed by the board as licensed
108.5 	psychologists qualify for licensure under section 148.907,
108.6 	subdivision 3, paragraph (b), the first vacancy vacancies under
108.7 	paragraph (a), clause (2), for a licensed psychologist shall be
108.8 	filled by an individual with either a master's or doctoral 
108.9 	degree in psychology shall be filled by a licensed or qualified
108.10 	to be licensed as a licensed psychologist. From this date on,
108.11 	this position when vacant shall be filled by a person licensed
108.12 	as a licensed psychologist.

108.13 	Sec. 3. Minnesota Statutes 2004, section 148.907, is
108.14 	amended by adding a subdivision to read:
108.15 		Subd. 5.Converting from a licensed psychological
108.16 	practitioner to a licensed psychologist. Notwithstanding
108.17 	subdivision 3, to convert from licensure as a licensed
108.18 	psychological practitioner to licensure as a licensed
108.19 	psychologist, a licensed psychological practitioner shall have:
108.20 	(1) completed an application provided by the board for
108.21 	conversion from licensure as a licensed psychological
108.22 	practitioner to licensure as a licensed psychologist;
108.23 	(2) paid a nonrefundable fee of $500;
108.24 	(3) documented successful completion of two full years, or
108.25 	the equivalent, of supervised postlicensure employment meeting
108.26 	the requirements of section 148.925, subdivision 5, as it
108.27 	relates to preparation for licensure as a licensed psychologist
108.28 	as follows:
108.29 	(i) for individuals licensed as licensed psychological
108.30 	practitioners on or before December 31, 2006, the supervised
108.31 	practice must be completed by December 31, 2010; and 
108.32 	(ii) for individuals licensed as licensed psychological
108.33 	practitioners after December 31, 2006, the supervised practice
108.34 	must be completed within four years from the date of licensure;
108.35 	and 
108.36 	(4) no unresolved disciplinary action or complaints
109.1 	pending, or incomplete disciplinary orders or corrective action
109.2 	agreements in Minnesota or any other jurisdiction.

109.3 	Sec. 4. Minnesota Statutes 2004, section 148.908,
109.4 	subdivision 2, is amended to read:
109.5 		Subd. 2.Requirements for licensure as a licensed
109.6 	psychological practitioner.  To become licensed by the board as
109.7 	a licensed psychological practitioner, an applicant shall comply
109.8 	with the following requirements:
109.9 	(1) pass an examination in psychology;
109.10 	(2) pass a professional responsibility examination on the
109.11 	practice of psychology;
109.12 	(3) pass any other examinations as required by board rules;
109.13 	(4) pay nonrefundable fees to the board for applications,
109.14 	processing, testing, renewals, and materials;
109.15 	(5) have attained the age of majority, be of good moral
109.16 	character, and have no unresolved disciplinary action or
109.17 	complaints pending in the state of Minnesota or any other
109.18 	jurisdiction; and 
109.19 	(6) have earned a doctoral or master's degree or the
109.20 	equivalent of a master's degree in a doctoral program with a
109.21 	major in psychology from a regionally accredited educational
109.22 	institution meeting the standards the board has established by
109.23 	rule. The degree requirements must be completed by December 31,
109.24 	2005;
109.25 	(2) complete an application for admission to the
109.26 	examination for professional practice in psychology and pay the
109.27 	nonrefundable application fee by December 31, 2005;
109.28 	(3) complete an application for admission to the
109.29 	professional responsibility examination and pay the
109.30 	nonrefundable application fee by December 31, 2005;
109.31 	(4) pass the examination for professional practice in
109.32 	psychology by December 31, 2006;
109.33 	(5) pass the professional responsibility examination by
109.34 	December 31, 2006;
109.35 	(6) complete an application for licensure as a licensed
109.36 	psychological practitioner and pay the nonrefundable application
110.1 	fee by March 1, 2007; and 
110.2 	(7) have attained the age of majority, be of good moral
110.3 	character, and have no unresolved disciplinary action or
110.4 	complaints pending in the state of Minnesota or any other
110.5 	jurisdiction.

110.6 	Sec. 5. Minnesota Statutes 2004, section 148.908, is
110.7 	amended by adding a subdivision to read:
110.8 		Subd. 3.Termination of licensure. Effective December
110.9 	31, 2011, the licensure of all licensed psychological
110.10 	practitioners shall be terminated without further notice and
110.11 	licensure as a licensed psychological practitioner in Minnesota
110.12 	shall be eliminated.

110.13 	Sec. 6. Minnesota Statutes 2004, section 148.909, is
110.14 	amended to read:
110.15 	148.909 LICENSURE FOR VOLUNTEER PRACTICE.
110.16 	The board, at its discretion, may grant licensure for
110.17 	volunteer practice to an applicant who:
110.18 	(1) is a former licensee who is completely retired from the
110.19 	practice of psychology;
110.20 	(2) has no unresolved disciplinary action or complaints
110.21 	pending in the state of Minnesota or any other jurisdiction; and
110.22 	(3) has held a license, certificate, or registration to
110.23 	practice psychology in any jurisdiction for at least 15 years.

110.24 	Sec. 7. Minnesota Statutes 2004, section 148.916,
110.25 	subdivision 2, is amended to read:
110.26 		Subd. 2.Psychological consultations.  Notwithstanding
110.27 	subdivision 1, a nonresident of the state of Minnesota, who is
110.28 	not seeking licensure in this state, may serve as an expert
110.29 	witness, organizational consultant,presenter, or educator
110.30 	without obtaining guest licensure, provided the person is
110.31 	appropriately trained, educated, or has been issued a license,
110.32 	certificate, or registration by another jurisdiction.

110.33 	Sec. 8. Minnesota Statutes 2004, section 148.925,
110.34 	subdivision 6, is amended to read:
110.35 		Subd. 6.Supervisee duties.  Individuals preparing for
110.36 	licensure as a licensed psychologist during their postdegree
111.1 	supervised employment may perform as part of their training any
111.2 	functions specified in section 148.89, subdivision 5,but only
111.3 	under qualified supervision.

111.4 	Sec. 9. Minnesota Statutes 2004, section 148.941,
111.5 	subdivision 2, is amended to read:
111.6 		Subd. 2.Grounds for disciplinary action; forms of
111.7 	disciplinary action.  (a) The board may impose disciplinary
111.8 	action as described in paragraph (b) against an applicant or
111.9 	licensee whom the board, by a preponderance of the evidence,
111.10 	determines:
111.11 	(1) has violated a statute, rule, or order that the board
111.12 	issued or is empowered to enforce;
111.13 	(2) has engaged in fraudulent, deceptive, or dishonest
111.14 	conduct, whether or not the conduct relates to the practice of
111.15 	psychology, that adversely affects the person's ability or
111.16 	fitness to practice psychology;
111.17 	(3) has engaged in unprofessional conduct or any other
111.18 	conduct which has the potential for causing harm to the public,
111.19 	including any departure from or failure to conform to the
111.20 	minimum standards of acceptable and prevailing practice without
111.21 	actual injury having to be established;
111.22 	(4) has been convicted of or has pled guilty or nolo
111.23 	contendere to a felony or other crime, an element of which is
111.24 	dishonesty or fraud, or has been shown to have engaged in acts
111.25 	or practices tending to show that the applicant or licensee is
111.26 	incompetent or has engaged in conduct reflecting adversely on
111.27 	the applicant's or licensee's ability or fitness to engage in
111.28 	the practice of psychology;
111.29 	(5) has employed fraud or deception in obtaining or
111.30 	renewing a license, in requesting approval of continuing
111.31 	education activities, or in passing an examination;
111.32 	(6) has had a license, certificate, charter, registration,
111.33 	privilege to take an examination, or other similar authority
111.34 	denied, revoked, suspended, canceled, limited, reprimanded, or
111.35 	otherwise disciplined, or not renewed for cause in any
111.36 	jurisdiction; or has surrendered or voluntarily terminated a
112.1 	license or certificate during a board investigation of a
112.2 	complaint, as part of a disciplinary order, or while under a
112.3 	disciplinary order;
112.4 	(7) has been subject to a corrective action or similar
112.5 	action in another jurisdiction or by another regulatory
112.6 	authority;
112.7 	(8) has failed to meet any requirement for the issuance or
112.8 	renewal of the person's license.  The burden of proof is on the
112.9 	applicant or licensee to demonstrate the qualifications or
112.10 	satisfy the requirements for a license under the Psychology
112.11 	Practice Act;
112.12 	(9) has failed to cooperate with an investigation of the
112.13 	board as required under subdivision 4;
112.14 	(10) has demonstrated an inability to practice psychology
112.15 	with reasonable skill and safety to clients due to any mental or
112.16 	physical illness or condition; or
112.17 	(11) has engaged in fee splitting.  This clause does not
112.18 	apply to the distribution of revenues from a partnership, group
112.19 	practice, nonprofit corporation, or professional corporation to
112.20 	its partners, shareholders, members, or employees if the
112.21 	revenues consist only of fees for services performed by the
112.22 	licensee or under a licensee's administrative authority.  This
112.23 	clause also does not apply to the charging of a general
112.24 	membership fee by a licensee or applicant to health care
112.25 	providers, as defined in section 144.335, for participation in a
112.26 	referral service, provided that the licensee or applicant
112.27 	discloses in advance to each referred client the financial
112.28 	nature of the referral arrangement.  Fee splitting includes, but
112.29 	is not limited to:
112.30 	(i) paying, offering to pay, receiving, or agreeing to
112.31 	receive a commission, rebate, or remuneration, directly or
112.32 	indirectly, primarily for the referral of clients;
112.33 	(ii) dividing client fees with another individual or
112.34 	entity, unless the division is in proportion to the services
112.35 	provided and the responsibility assumed by each party;
112.36 	(iii) referring an individual or entity to any health care
113.1 	provider, as defined in section 144.335, or for other
113.2 	professional or technical services in which the referring
113.3 	licensee or applicant has a significant financial interest
113.4 	unless the licensee has disclosed the financial interest in
113.5 	advance to the client; and
113.6 	(iv) dispensing for profit or recommending any instrument,
113.7 	test, procedure, or device that for commercial purposes the
113.8 	licensee or applicant has developed or distributed, unless the
113.9 	licensee or applicant has disclosed any profit interest in
113.10 	advance to the client.
113.11 	(b) If grounds for disciplinary action exist under
113.12 	paragraph (a), the board may take one or more of the following
113.13 	actions:
113.14 	(1) refuse to grant or renew a license;
113.15 	(2) revoke a license;
113.16 	(3) suspend a license;
113.17 	(4) impose limitations or conditions on a licensee's
113.18 	practice of psychology, including, but not limited to, limiting
113.19 	the scope of practice to designated competencies, imposing
113.20 	retraining or rehabilitation requirements, requiring the
113.21 	licensee to practice under supervision, or conditioning
113.22 	continued practice on the demonstration of knowledge or skill by
113.23 	appropriate examination or other review of skill and competence;
113.24 	(5) censure or reprimand the licensee;
113.25 	(6) refuse to permit an applicant to take the licensure
113.26 	examination or refuse to release an applicant's examination
113.27 	grade if the board finds that it is in the public interest; or
113.28 	(7) impose a civil penalty not exceeding $7,500 for each
113.29 	separate violation.  The amount of the penalty shall be fixed so
113.30 	as to deprive the applicant or licensee of any economic
113.31 	advantage gained by reason of the violation charged, to
113.32 	discourage repeated violations, or to recover the board's costs
113.33 	that occur in bringing about a disciplinary order.  For purposes
113.34 	of this clause, costs are limited to legal, paralegal, and
113.35 	investigative charges billed to the board by the Attorney
113.36 	General's Office, witness costs, consultant and expert witness
114.1 	fees, and charges attendant to the use of an administrative law
114.2 	judge.
114.3 	(c) In lieu of or in addition to paragraph (b), the board
114.4 	may require, as a condition of continued licensure, termination
114.5 	of suspension, reinstatement of license, examination, or release
114.6 	of examination grades, that the applicant or licensee:
114.7 	(1) submit to a quality review, as specified by the board,
114.8 	of the applicant's or licensee's ability, skills, or quality of
114.9 	work;
114.10 	(2) complete to the satisfaction of the board educational
114.11 	courses specified by the board; and
114.12 	(3) reimburse to the board all costs incurred by the board
114.13 	that are the result of a provider failing, neglecting, or
114.14 	refusing to fully comply, or not complying in a timely manner,
114.15 	with any part of the remedy section of a stipulation and consent
114.16 	order or the corrective action section of an agreement for
114.17 	corrective action.  For purposes of this clause, costs are
114.18 	limited to legal, paralegal, and investigative charges billed to
114.19 	the board by the Attorney General's Office, witness costs,
114.20 	consultant and expert witness fees, and charges attendant to the
114.21 	use of an administrative law judge.
114.22 	(d) Service of the order is effective if the order is
114.23 	served on the applicant, licensee, or counsel of record
114.24 	personally or by mail to the most recent address provided to the
114.25 	board for the licensee, applicant, or counsel of record.  The
114.26 	order shall state the reasons for the entry of the order.

114.27 	Sec. 10. Minnesota Statutes 2004, section 148.96,
114.28 	subdivision 3, is amended to read:
114.29 		Subd. 3.Requirements for representations to public.  (a)
114.30 	Unless licensed under sections 148.88 to 148.98, except as
114.31 	provided in paragraphs (b) through (e), persons shall not
114.32 	represent themselves or permit themselves to be represented to
114.33 	the public by:
114.34 	(1) using any title or description of services
114.35 	incorporating the words "psychology," "psychological,"
114.36 	"psychological practitioner," or "psychologist"; or
115.1 	(2) representing that the person has expert qualifications
115.2 	in an area of psychology.
115.3 	(b) Psychologically trained individuals who are employed by
115.4 	an educational institution recognized by a regional accrediting
115.5 	organization, by a federal, state, county, or local government
115.6 	institution, by agencies agency, or by research
115.7 	facilities facility, may represent themselves by the title
115.8 	designated by that organization provided that the title does not
115.9 	indicate that the individual is credentialed by the board.
115.10 	(c) A psychologically trained individual from an
115.11 	institution described in paragraph (b) may offer lecture
115.12 	services and is exempt from the provisions of this section.
115.13 	(d) A person who is preparing for the practice of
115.14 	psychology under supervision in accordance with board statutes
115.15 	and rules may be designated as a "psychological intern,"
115.16 	"psychological trainee," or by other terms clearly describing
115.17 	the person's training status.
115.18 	(e) Former licensees who are completely retired from the
115.19 	practice of psychology may represent themselves using the
115.20 	descriptions in paragraph (a), clauses (1) and (2), but shall
115.21 	not represent themselves or allow themselves to be represented
115.22 	as current licensees of the board.
115.23 	(f) Nothing in this section shall be construed to prohibit
115.24 	the practice of school psychology by a person licensed in
115.25 	accordance with chapters 122A and 129.
115.26 	Section 11.  [EFFECTIVE DATE.]
115.27 	Sections 1 to 10 are effective the day following final
115.28 	enactment.

115.29 	ARTICLE 4
115.30 	BOARD OF DENTAL PRACTICE

115.31 	Section 1. Minnesota Statutes 2004, section 150A.01,
115.32 	subdivision 6a, is amended to read:
115.33 		Subd. 6a.Faculty dentist.  "Faculty dentist" means a
115.34 	person who is licensed to practice dentistry as a faculty member
115.35 	of a school of dentistry, pursuant to section 150A.06,
115.36 	subdivision 1a.

116.1 	Sec. 2. Minnesota Statutes 2004, section 150A.06,
116.2 	subdivision 1a, is amended to read:
116.3 		Subd. 1a.Faculty dentists.  (a) Faculty members of a
116.4 	school of dentistry must be licensed in order to practice
116.5 	dentistry as defined in section 150A.05.  The board may issue to
116.6 	members of the faculty of a school of dentistry a license
116.7 	designated as either a "limited faculty license" or a "full
116.8 	faculty license" entitling the holder to practice dentistry
116.9 	within the terms described in paragraph (b) or (c).  The dean of
116.10 	a school of dentistry and program directors of a Minnesota
116.11 	dental hygiene or dental assisting school accredited by the
116.12 	Commission on Dental Accreditation of the American Dental
116.13 	Association shall certify to the board those members of the
116.14 	school's faculty who practice dentistry but are not licensed to
116.15 	practice dentistry in Minnesota.  A faculty member who practices
116.16 	dentistry as defined in section 150A.05, before beginning duties
116.17 	in a school of dentistry or a dental hygiene or dental assisting
116.18 	school, shall apply to the board for a limited or full faculty
116.19 	license. The license expires the next July 1 and may, at the
116.20 	discretion of the board, be renewed on a yearly basis.Pursuant
116.21 	to Minnesota Rules, chapter 3100, and at the discretion of the
116.22 	board, a limited faculty license must be renewed annually and a
116.23 	full faculty license must be renewed biennially.The faculty
116.24 	applicant shall pay a nonrefundable fee set by the board for
116.25 	issuing and renewing the faculty license.  The faculty license
116.26 	is valid during the time the holder remains a member of the
116.27 	faculty of a school of dentistry or a dental hygiene or dental
116.28 	assisting school and subjects the holder to this chapter.
116.29 	(b) The board may issue to dentist members of the faculty
116.30 	of a Minnesota school of dentistry, dental hygiene, or dental
116.31 	assisting accredited by the Commission on Dental Accreditation
116.32 	of the American Dental Association, a license designated as a
116.33 	limited faculty license entitling the holder to practice
116.34 	dentistry within the school and its affiliated teaching
116.35 	facilities, but only for the purposes of teaching or conducting
116.36 	research.  The practice of dentistry at a school facility for
117.1 	purposes other than teaching or research is not allowed unless
117.2 	the dentist was a faculty member on August 1, 1993.
117.3 	(c) The board may issue to dentist members of the faculty
117.4 	of a Minnesota school of dentistry, dental hygiene, or dental
117.5 	assisting accredited by the Commission on Dental Accreditation
117.6 	of the American Dental Association a license designated as a
117.7 	full faculty license entitling the holder to practice dentistry
117.8 	within the school and its affiliated teaching facilities and
117.9 	elsewhere if the holder of the license is employed 50 percent
117.10 	time or more by the school in the practice of teaching or
117.11 	research, and upon successful review by the board of the
117.12 	applicant's qualifications as described in subdivisions 1, 1c,
117.13 	and 4 and board rule.  The board, at its discretion, may waive
117.14 	specific licensing prerequisites.

117.15 	Sec. 3. [150A.091] FEES.
117.16 		Subdivision 1.Fee refunds. No fee may be refunded for
117.17 	any reason.
117.18 		Subd. 2.Application fees. Each applicant for licensure
117.19 	or registration shall submit with a license or registration
117.20 	application a nonrefundable fee in the following amounts in
117.21 	order to administratively process an application:
117.22 	(1) dentist, $140;
117.23 	(2) limited faculty dentist, $140;
117.24 	(3) resident dentist, $55;
117.25 	(4) dental hygienist, $55;
117.26 	(5) registered dental assistant, $35; and 
117.27 	(6) dental assistant with a limited registration, $15.
117.28 		Subd. 3.Initial license or registration fees. Along
117.29 	with the application fee, each of the following licensees or
117.30 	registrants shall submit a separate prorated initial license or
117.31 	registration fee.  The prorated initial fee shall be established
117.32 	by the board based on the number of months of the licensee's or
117.33 	registrant's initial term as described in Minnesota Rules, part
117.34 	3100.1700, subpart 1a, not to exceed the following monthly fee
117.35 	amounts:
117.36 	(1) dentist, $14 times the number of months of the initial
118.1 	term;
118.2 	(2) dental hygienist, $5 times the number of months of the
118.3 	initial term;
118.4 	(3) registered dental assistant, $3 times the number of
118.5 	months of initial term; and 
118.6 	(4) dental assistant with a limited registration, $1 times
118.7 	the number of months of the initial term.
118.8 		Subd. 4.Annual license fees. Each limited faculty or
118.9 	resident dentist shall submit with an annual license renewal
118.10 	application a fee established by the board not to exceed the
118.11 	following amounts:
118.12 	(1) limited faculty dentist, $168; and 
118.13 	(2) resident dentist, $59.
118.14 		Subd. 5.Biennial license or registration fees. Each of
118.15 	the following licensees or registrants shall submit with a
118.16 	biennial license or registration renewal application a fee as
118.17 	established by the board, not to exceed the following amounts:
118.18 	(1) dentist, $336;
118.19 	(2) dental hygienist, $118;
118.20 	(3) registered dental assistant, $80; and 
118.21 	(4) dental assistant with a limited registration, $24.
118.22 		Subd. 6.Annual license late fee. Applications for
118.23 	renewal of any license received after the time specified in
118.24 	Minnesota Rules, part 3100.1750, must be assessed a late fee
118.25 	equal to 50 percent of the annual renewal fee.
118.26 		Subd. 7.Biennial license or registration late
118.27 	fee. Applications for renewal of any license or registration
118.28 	received after the time specified in Minnesota Rules, part
118.29 	3100.1700, must be assessed a late fee equal to 25 percent of
118.30 	the biennial renewal fee.
118.31 		Subd. 8.Duplicate license or registration fee. Each
118.32 	licensee or registrant shall submit, with a request for issuance
118.33 	of a duplicate of the original license or registration, or of an
118.34 	annual or biennial renewal of it, a fee in the following amounts:
118.35 	(1) original dentist or dental hygiene license, $35; and 
118.36 	(2) initial and renewal registration certificates and
119.1 	license renewal certificates, $10.
119.2 		Subd. 9.Licensure and registration by credentials. Each
119.3 	applicant for licensure as a dentist or dental hygienist or for
119.4 	registration as a registered dental assistant by credentials
119.5 	pursuant to section 150A.06, subdivisions 4 and 8, and Minnesota
119.6 	Rules, part 3100.1400, shall submit with the license or
119.7 	registration application a fee in the following amounts:
119.8 	(1) dentist, $725;
119.9 	(2) dental hygienist, $175; and 
119.10 	(3) registered dental assistant, $35.
119.11 		Subd. 10.Reinstatement fee. No dentist, dental
119.12 	hygienist, or registered dental assistant whose license or
119.13 	registration has been suspended or revoked may have the license
119.14 	or registration reinstated or a new license or registration
119.15 	issued until a fee has been submitted to the board in the
119.16 	following amounts:
119.17 	(1) dentist, $140;
119.18 	(2) dental hygienist, $55; and 
119.19 	(3) registered dental assistant, $35.
119.20 		Subd. 11.Certificate application fee for
119.21 	anesthesia/sedation. Each dentist shall submit with a general
119.22 	anesthesia or conscious sedation application a fee as
119.23 	established by the board not to exceed the following amounts:
119.24 	(1) for both a general anesthesia and conscious sedation
119.25 	application, $50;
119.26 	(2) for a general anesthesia application only, $50; and 
119.27 	(3) for a conscious sedation application only, $50.
119.28 		Subd. 12.Duplicate certificate fee for
119.29 	anesthesia/sedation. Each dentist shall submit with a request
119.30 	for issuance of a duplicate of the original general anesthesia
119.31 	or conscious sedation certificate a fee in the amount of $10.
119.32 		Subd. 13.On-site inspection fee. An on-site inspection
119.33 	fee must be paid to the individual, organization, or agency
119.34 	conducting the inspection and be limited to a maximum fee as
119.35 	determined by the board.  Travel, lodging, and other expenses
119.36 	are not part of the on-site inspection fee.
120.1 		Subd. 14.Affidavit of licensure. Each licensee or
120.2 	registrant shall submit with a request for an affidavit of
120.3 	licensure a fee in the amount of $10.
120.4 		Subd. 15.Verification of licensure. Each institution or
120.5 	corporation shall submit with a request for verification of a
120.6 	license or registration a fee in the amount of $5 for each
120.7 	license or registration to be verified.

120.8 	Sec. 4. Minnesota Statutes 2004, section 150A.10,
120.9 	subdivision 1a, is amended to read:
120.10 		Subd. 1a.Limited authorization for dental hygienists.
 120.11 	(a) Notwithstanding subdivision 1, a dental hygienist licensed
120.12 	under this chapter may be employed or retained by a health care
120.13 	facility, program, or nonprofit organization to perform dental
120.14 	hygiene services described under paragraph (b) without the
120.15 	patient first being examined by a licensed dentist if the dental
120.16 	hygienist:
120.17 	(1) has been engaged in the active practice of clinical
120.18 	dental hygiene for not less than 2,400 hours in the past 18
120.19 	months or a career total of 3,000 hours, including a minimum of
120.20 	200 hours of clinical practice in two of the past three years;
120.21 	(2) has entered into a collaborative agreement with a
120.22 	licensed dentist that designates authorization for the services
120.23 	provided by the dental hygienist;
120.24 	(3) has documented participation in courses in infection
120.25 	control and medical emergencies within each continuing education
120.26 	cycle; and
120.27 	(4) maintains current certification in advanced or basic
120.28 	cardiac life support as recognized by the American Heart
120.29 	Association, the American Red Cross, or another agency that is
120.30 	equivalent to the American Heart Association or the American Red
120.31 	Cross.
120.32 	(b) The dental hygiene services authorized to be performed
120.33 	by a dental hygienist under this subdivision are limited to:
120.34 	(1) oral health promotion and disease prevention education;
120.35 	(2) removal of deposits and stains from the surfaces of the
120.36 	teeth;
121.1 	(3) application of topical preventive or prophylactic
121.2 	agents, including fluoride varnishes and pit and fissure
121.3 	sealants;
121.4 	(4) polishing and smoothing restorations;
121.5 	(5) removal of marginal overhangs;
121.6 	(6) performance of preliminary charting;
121.7 	(7) taking of radiographs; and
121.8 	(8) performance of scaling and root planing.
121.9 	The dental hygienist shall not perform may administer 
121.10 	injections of local anesthetic agents or the administration of 
121.11 	nitrous oxide unless under the indirect supervision
121.12 	of inhalation analgesia as specifically delegated in the
121.13 	collaborative agreement with a licensed dentist. The dentist
121.14 	need not first examine the patient or be present.  If the
121.15 	patient is considered medically compromised, the collaborative
121.16 	dentist shall review the patient record, including the medical
121.17 	history, prior to the provision of these services.
121.18 	Collaborating dental hygienists may work with unregistered and
121.19 	registered dental assistants who may only perform duties for
121.20 	which registration is not required.  The performance of dental
121.21 	hygiene services in a health care facility, program, or
121.22 	nonprofit organization as authorized under this subdivision is
121.23 	limited to patients, students, and residents of the facility,
121.24 	program, or organization.
121.25 	(c) A collaborating dentist must be licensed under this
121.26 	chapter and may enter into a collaborative agreement with no
121.27 	more than four dental hygienists unless otherwise authorized by
121.28 	the board.  The board shall develop parameters and a process for
121.29 	obtaining authorization to collaborate with more than four
121.30 	dental hygienists.  The collaborative agreement must include:
121.31 	(1) consideration for medically compromised patients and
121.32 	medical conditions for which a dental evaluation and treatment
121.33 	plan must occur prior to the provision of dental hygiene
121.34 	services;
121.35 	(2) age- and procedure-specific standard collaborative
121.36 	practice protocols, including recommended intervals for the
122.1 	performance of dental hygiene services and a period of time in
122.2 	which an examination by a dentist should occur;
122.3 	(3) copies of consent to treatment form provided to the
122.4 	patient by the dental hygienist;
122.5 	(4) specific protocols for the placement of pit and fissure
122.6 	sealants and requirements for follow-up care to assure the
122.7 	efficacy of the sealants after application; and
122.8 	(5) a procedure for creating and maintaining dental records
122.9 	for the patients that are treated by the dental hygienist.  This
122.10 	procedure must specify where these records are to be located.
122.11 	The collaborative agreement must be signed and maintained by the
122.12 	dentist, the dental hygienist, and the facility, program, or
122.13 	organization; must be reviewed annually by the collaborating
122.14 	dentist and dental hygienist; and must be made available to the
122.15 	board upon request.
122.16 	(d) Before performing any services authorized under this
122.17 	subdivision, a dental hygienist must provide the patient with a
122.18 	consent to treatment form which must include a statement
122.19 	advising the patient that the dental hygiene services provided
122.20 	are not a substitute for a dental examination by a licensed
122.21 	dentist.  If the dental hygienist makes any referrals to the
122.22 	patient for further dental procedures, the dental hygienist must
122.23 	fill out a referral form and provide a copy of the form to the
122.24 	collaborating dentist.
122.25 	(e) For the purposes of this subdivision, a "health care
122.26 	facility, program, or nonprofit organization" is limited to a
122.27 	hospital; nursing home; home health agency; group home serving
122.28 	the elderly, disabled, or juveniles; state-operated facility
122.29 	licensed by the commissioner of human services or the
122.30 	commissioner of corrections; and federal, state, or local public
122.31 	health facility, community clinic, tribal clinic, school
122.32 	authority, Head Start program, or nonprofit organization that
122.33 	serves individuals who are uninsured or who are Minnesota health
122.34 	care public program recipients.
122.35 	(f) For purposes of this subdivision, a "collaborative
122.36 	agreement" means a written agreement with a licensed dentist who
123.1 	authorizes and accepts responsibility for the services performed
123.2 	by the dental hygienist.  The services authorized under this
123.3 	subdivision and the collaborative agreement may be performed
123.4 	without the presence of a licensed dentist and may be performed
123.5 	at a location other than the usual place of practice of the
123.6 	dentist or dental hygienist and without a dentist's diagnosis
123.7 	and treatment plan, unless specified in the collaborative
123.8 	agreement.

123.9 	ARTICLE 5
123.10 	BOARD OF BEHAVIORAL THERAPY AND HEALTH
123.11 	(LICENSED PROFESSIONAL COUNSELORS AND
123.12 	ALCOHOL AND DRUG COUNSELORS)

123.13 	Section 1. Minnesota Statutes 2004, section 148B.53,
123.14 	subdivision 1, is amended to read:
123.15 		Subdivision 1.General requirements.  (a) To be licensed
123.16 	as a licensed professional counselor (LPC), an applicant must
123.17 	provide evidence satisfactory to the board that the applicant:
123.18 	(1) is at least 18 years of age;
123.19 	(2) is of good moral character;
123.20 	(3) has completed a master's or doctoral degree program in
123.21 	counseling or a related field, as determined by the board based
123.22 	on the criteria in paragraph (b),that includes a minimum of 48
123.23 	semester hours or 72 quarter hours and a supervised field
123.24 	experience of not fewer than 700 hours that is counseling in
123.25 	nature;
123.26 	(4) has submitted to the board a plan for supervision
123.27 	during the first 2,000 hours of professional practice or has
123.28 	submitted proof of supervised professional practice that is
123.29 	acceptable to the board; and
123.30 	(5) has demonstrated competence in professional counseling
123.31 	by passing the National Counseling Exam (NCE) administered by
123.32 	the National Board for Certified Counselors, Inc. (NBCC)
123.33 	including obtaining a passing score on the examination accepted
123.34 	by the board based on the determinations made by the NBCC or an
123.35 	equivalent national examination as determined by the board,and
123.36 	ethical,oral,and situational examinations if prescribed by the
124.1 	board.
124.2 	(b) The degree described in paragraph (a), clause (3), must
124.3 	be from a counseling program recognized by the Council for
124.4 	Accreditation of Counseling and Related Education Programs
124.5 	(CACREP) or from an institution of higher education that is
124.6 	accredited by a regional accrediting organization recognized by
124.7 	the Council for Higher Education Accreditation (CHEA).  Specific
124.8 	academic course content and training must meet standards
124.9 	established by the CACREP, including include course work in each
124.10 	of the following subject areas:
124.11 	(1) the helping relationship, including counseling theory
124.12 	and practice;
124.13 	(2) human growth and development;
124.14 	(3) lifestyle and career development;
124.15 	(4) group dynamics, processes, counseling, and consulting;
124.16 	(5) assessment and appraisal;
124.17 	(6) social and cultural foundations, including
124.18 	multicultural issues;
124.19 	(7) principles of etiology, treatment planning, and
124.20 	prevention of mental and emotional disorders and dysfunctional
124.21 	behavior;
124.22 	(8) family counseling and therapy;
124.23 	(9) research and evaluation; and
124.24 	(10) professional counseling orientation and ethics.
124.25 	(c) To be licensed as a professional counselor, a
124.26 	psychological practitioner licensed under section 148.908 need
124.27 	only show evidence of licensure under that section and is not
124.28 	required to comply with paragraph (a), clauses (1) to (3) and
124.29 	(5),or paragraph (b).
124.30 	(d) To be licensed as a professional counselor, a Minnesota
124.31 	licensed psychologist need only show evidence of licensure from
124.32 	the Minnesota Board of Psychology and is not required to comply
124.33 	with paragraph (a) or (b).

124.34 	Sec. 2. Minnesota Statutes 2004, section 148B.53,
124.35 	subdivision 3, is amended to read:
124.36 		Subd. 3.Fee. Each applicant shall pay a 
125.1 	Nonrefundable fee fees are as follows:
125.2 	(1) initial license application fee for licensed
125.3 	professional counseling (LPC) - $250;
125.4 	(2) annual active license renewal fee for LPC - $200 or
125.5 	equivalent;
125.6 	(3) annual inactive license renewal fee for LPC - $100;
125.7 	(4) license renewal late fee - $100 per month or portion
125.8 	thereof;
125.9 	(5) copy of board order or stipulation - $10;
125.10 	(6) certificate of good standing or license verification -
125.11 	$10;
125.12 	(7) duplicate certificate fee - $10;
125.13 	(8) professional firm renewal fee - $25;
125.14 	(9) initial registration fee - $50; and
125.15 	(10) annual registration renewal fee - $25.

125.16 	Sec. 3. [148B.531] POSTDEGREE COMPLETION OF DEGREE
125.17 	REQUIREMENTS FOR LICENSURE.
125.18 	An individual whose degree upon which licensure is to be
125.19 	based included less than 48 semester hours or 72 quarter hours,
125.20 	who did not complete 700 hours of supervised professional
125.21 	practice as part of the degree program, or who did not complete
125.22 	course work in all of the content areas required by section
125.23 	148B.53, subdivision 1, paragraph (b), may complete these
125.24 	requirements postdegree in order to obtain licensure, if:
125.25 	(1) all course work and field experiences are completed
125.26 	through an institution of higher education that is accredited by
125.27 	a regional accrediting organization recognized by the Council
125.28 	for Higher Education Accreditation (CHEA) or through a
125.29 	counseling program recognized by the Council for Accreditation
125.30 	of Counseling and Related Education Programs (CACREP);
125.31 	(2) all course work and field experiences are taken and
125.32 	passed for credit; and 
125.33 	(3) no more than 20 semester credits or 30 quarter credits
125.34 	are completed postdegree for purposes of licensure unless the
125.35 	credits are earned as part of an organized sequence of study.

125.36 	Sec. 4. Minnesota Statutes 2004, section 148B.54,
126.1 	subdivision 2, is amended to read:
126.2 		Subd. 2.Continuing education.  At the completion of the
126.3 	first two four years of licensure, a licensee must provide
126.4 	evidence satisfactory to the board of completion of 12
126.5 	additional postgraduate semester credit hours or its equivalent
126.6 	in counseling as determined by the board, except that no
126.7 	licensee shall be required to show evidence of greater than 60
126.8 	semester hours or its equivalent.  Thereafter, at the time of
126.9 	renewal, each licensee shall provide evidence satisfactory to
126.10 	the board that the licensee has completed during each two-year
126.11 	period at least the equivalent of 40 clock hours of professional
126.12 	postdegree continuing education in programs approved by the
126.13 	board and continues to be qualified to practice under sections
126.14 	148B.50 to 148B.593.

126.15 	Sec. 5. [148B.555] EXPERIENCED COUNSELOR TRANSITION.
126.16 	(a) An applicant for licensure who, prior to December 31,
126.17 	2003, completed a master's or doctoral degree program in
126.18 	counseling or a related field, as determined by the board, and
126.19 	whose degree was from a counseling program recognized by the
126.20 	Council for Accreditation of Counseling and Related Education
126.21 	Programs (CACREP) or from an institution of higher education
126.22 	that is accredited by a regional accrediting organization
126.23 	recognized by the Council for Higher Education Accreditation
126.24 	(CHEA), need not comply with the requirements of section
126.25 	148B.53, subdivision 1, paragraph (a), clause (3), or (b), so
126.26 	long as the applicant can document five years of full-time
126.27 	postdegree work experience within the practice of professional
126.28 	counseling as defined under section 148B.50, subdivisions 4 and
126.29 	5.
126.30 	(b) This section expires July 1, 2007.

126.31 	Sec. 6. [148B.561] RETALIATORY PROVISIONS.
126.32 	If by the laws of any state or the rulings or decisions of
126.33 	the appropriate officers or boards thereof, any burden,
126.34 	obligation, requirement, disqualification, or disability is put
126.35 	upon licensed professional counselors licensed and in good
126.36 	standing in this state, affecting the right of these licensed
127.1 	professional counselors to be registered or licensed in that
127.2 	state, then the same or like burden, obligation, requirement,
127.3 	disqualification, or disability may be put upon the licensure in
127.4 	this state of licensed professional counselors registered in
127.5 	that state.

127.6 	Sec. 7. Minnesota Statutes 2004, section 148B.59, is
127.7 	amended to read:
127.8 	148B.59 GROUNDS FOR DISCIPLINARY ACTION; FORMS OF
127.9 	DISCIPLINARY ACTION; RESTORATION OF LICENSE.
127.10 	(a) The board may impose disciplinary action as described
127.11 	in paragraph (b) against an applicant or licensee whom the
127.12 	board, by a preponderance of the evidence, determines:
127.13 	(1) has violated a statute, rule, or order that the board
127.14 	issued or is empowered to enforce;
127.15 	(2) has engaged in fraudulent, deceptive, or dishonest
127.16 	conduct, whether or not the conduct relates to the practice of
127.17 	licensed professional counseling, that adversely affects the
127.18 	person's ability or fitness to practice professional counseling;
127.19 	(3) has engaged in unprofessional conduct or any other
127.20 	conduct which has the potential for causing harm to the public,
127.21 	including any departure from or failure to conform to the
127.22 	minimum standards of acceptable and prevailing practice without
127.23 	actual injury having to be established;
127.24 	(4) has been convicted of or has pled guilty or nolo
127.25 	contendere to a felony or other crime, an element of which is
127.26 	dishonesty or fraud, or has been shown to have engaged in acts
127.27 	or practices tending to show that the applicant or licensee is
127.28 	incompetent or has engaged in conduct reflecting adversely on
127.29 	the applicant's or licensee's ability or fitness to engage in
127.30 	the practice of professional counseling;
127.31 	(5) has employed fraud or deception in obtaining or
127.32 	renewing a license, or in passing an examination;
127.33 	(6) has had any counseling license, certificate,
127.34 	registration, privilege to take an examination, or other similar
127.35 	authority denied, revoked, suspended, canceled, limited, or not
127.36 	renewed for cause in any jurisdiction or has surrendered or
128.1 	voluntarily terminated a license or certificate during a board
128.2 	investigation of a complaint, as part of a disciplinary order,
128.3 	or while under a disciplinary order;
128.4 	(7) has failed to meet any requirement for the issuance or
128.5 	renewal of the person's license.  The burden of proof is on the
128.6 	applicant or licensee to demonstrate the qualifications or
128.7 	satisfy the requirements for a license under the Licensed
128.8 	Professional Counseling Act;
128.9 	(8) has failed to cooperate with an investigation of the
128.10 	board;
128.11 	(9) has demonstrated an inability to practice professional
128.12 	counseling with reasonable skill and safety to clients due to
128.13 	any mental or physical illness or condition;
128.14 	(10) has engaged in fee splitting.  This clause does not
128.15 	apply to the distribution of revenues from a partnership, group
128.16 	practice, nonprofit corporation, or professional corporation to
128.17 	its partners, shareholders, members, or employees if the
128.18 	revenues consist only of fees for services performed by the
128.19 	licensee or under a licensee's administrative authority.  Fee
128.20 	splitting includes, but is not limited to:
128.21 	(i) dividing fees with another person or a professional
128.22 	corporation, unless the division is in proportion to the
128.23 	services provided and the responsibility assumed by each
128.24 	professional; and 
128.25 	(ii) referring a client to any health care provider as
128.26 	defined in section 144.335 in which the referring licensee has a
128.27 	significant financial interest, unless the licensee has
128.28 	disclosed in advance to the client the licensee's own financial
128.29 	interest; or and 
128.30 	(iii) paying, offering to pay, receiving, or agreeing to
128.31 	receive a commission, rebate, or remuneration, directly or
128.32 	indirectly, primarily for the referral of clients;
128.33 	(11) has engaged in conduct with a patient client that is
128.34 	sexual or may reasonably be interpreted by the patient client as
128.35 	sexual, or in any verbal behavior that is seductive or sexually
128.36 	demeaning to a patient client;
129.1 	(12) has been subject to a corrective action or similar
129.2 	action in another jurisdiction or by another regulatory
129.3 	authority; or 
129.4 	(13) has been adjudicated as mentally incompetent, mentally
129.5 	ill, or mentally retarded or as a chemically dependent person, a
129.6 	person dangerous to the public, a sexually dangerous person, or
129.7 	a person who has a sexual psychopathic personality by a court of
129.8 	competent jurisdiction within this state or an equivalent
129.9 	adjudication from another state.  Adjudication automatically
129.10 	suspends a license for the duration thereof unless the board
129.11 	orders otherwise.
129.12 	(b) If grounds for disciplinary action exist under
129.13 	paragraph (a), the board may take one or more of the following
129.14 	actions:
129.15 	(1) refuse to grant or renew a license;
129.16 	(2) revoke a license;
129.17 	(3) suspend a license;
129.18 	(4) impose limitations or conditions on a licensee's
129.19 	practice of professional counseling, including, but not limited
129.20 	to, limiting the scope of practice to designated competencies,
129.21 	imposing retraining or rehabilitation requirements, requiring
129.22 	the licensee to practice under supervision, or conditioning
129.23 	continued practice on the demonstration of knowledge or skill by
129.24 	appropriate examination or other review of skill and competence;
129.25 	(5) censure or reprimand the licensee;
129.26 	(6) refuse to permit an applicant to take the licensure
129.27 	examination or refuse to release an applicant's examination
129.28 	grade if the board finds that it is in the public interest; or
129.29 	(7) impose a civil penalty not exceeding $10,000 for each
129.30 	separate violation, the amount of the civil penalty to be fixed
129.31 	so as to deprive the applicant or licensee of any economic
129.32 	advantage gained by reason of the violation charged, to
129.33 	discourage similar violations or to reimburse the board for the
129.34 	cost of the investigation and proceeding, including, but not
129.35 	limited to, fees paid for services provided by the Office of
129.36 	Administrative Hearings, legal and investigative services
130.1 	provided by the Office of the Attorney General, court reporters,
130.2 	witnesses, reproduction of records, board members' per diem
130.3 	compensation, board staff time, and travel costs and expenses
130.4 	incurred by board staff and board members.
130.5 	(c) In lieu of or in addition to paragraph (b), the board
130.6 	may require, as a condition of continued licensure, termination
130.7 	of suspension, reinstatement of license, examination, or release
130.8 	of examination grades, that the applicant or licensee:
130.9 	(1) submit to a quality review, as specified by the board,
130.10 	of the applicant's or licensee's ability, skills, or quality of
130.11 	work; and
130.12 	(2) complete to the satisfaction of the board educational
130.13 	courses specified by the board.
130.14 	The board may also refer a licensee, if appropriate, to the
130.15 	health professionals services program described in sections
130.16 	214.31 to 214.37.
130.17 	(d) Service of the order is effective if the order is
130.18 	served on the applicant, licensee, or counsel of record
130.19 	personally or by mail to the most recent address provided to the
130.20 	board for the licensee, applicant, or counsel of record.  The
130.21 	order shall state the reasons for the entry of the order.

130.22 	Sec. 8. [148B.5901] TEMPORARY SUSPENSION OF LICENSE.
130.23 	(a) In addition to any other remedy provided by law, the
130.24 	board may issue an order to temporarily suspend the credentials
130.25 	of a licensee after conducting a preliminary inquiry to
130.26 	determine if the board reasonably believes that the licensee has
130.27 	violated a statute or rule that the board is empowered to
130.28 	enforce and whether continued practice by the licensee would
130.29 	create an imminent risk of harm to others.
130.30 	(b) The order may prohibit the licensee from engaging in
130.31 	the practice of licensed professional counseling in whole or in
130.32 	part and may condition the end of a suspension on the licensee's
130.33 	compliance with a statute, rule, or order that the board has
130.34 	issued or is empowered to enforce.
130.35 	(c) The order shall give notice of the right to a hearing
130.36 	according to this subdivision and shall state the reasons for
131.1 	the entry of the order.
131.2 	(d) Service of the order is effective when the order is
131.3 	served on the licensee personally or by certified mail, which is
131.4 	complete upon receipt, refusal, or return for nondelivery to the
131.5 	most recent address provided to the board for the licensee.
131.6 	(e) At the time the board issues a temporary suspension
131.7 	order, the board shall schedule a hearing to be held before its
131.8 	own members.  The hearing shall begin no later than 60 days
131.9 	after issuance of the temporary suspension order or within 15
131.10 	working days of the date of the board's receipt of a request for
131.11 	hearing by a licensee, on the sole issue of whether there is a
131.12 	reasonable basis to continue, modify, or lift the temporary
131.13 	suspension.  The hearing is not subject to chapter 14.  Evidence
131.14 	presented by the board or the licensee shall be in affidavit
131.15 	form only.  The licensee or counsel of record may appear for
131.16 	oral argument.
131.17 	(f) Within five working days of the hearing, the board
131.18 	shall issue its order and, if the suspension is continued,
131.19 	schedule a contested case hearing within 30 days of the issuance
131.20 	of the order.  Notwithstanding chapter 14, the administrative
131.21 	law judge shall issue a report within 30 days after closing the
131.22 	contested case hearing record.  The board shall issue a final
131.23 	order within 30 days of receipt of the administrative law
131.24 	judge's report.

131.25 	Sec. 9. [148B.5905] MENTAL, PHYSICAL, OR CHEMICAL
131.26 	DEPENDENCY EXAMINATION OR EVALUATION; ACCESS TO MEDICAL DATA.
131.27 	(a) If the board has probable cause to believe section
131.28 	148B.59, paragraph (a), clause (9), applies to a licensee or
131.29 	applicant, the board may direct the person to submit to a
131.30 	mental, physical, or chemical dependency examination or
131.31 	evaluation.  For the purpose of this section, every licensee and
131.32 	applicant is deemed to have consented to submit to a mental,
131.33 	physical, or chemical dependency examination or evaluation when
131.34 	directed in writing by the board and to have waived all
131.35 	objections to the admissibility of the examining professionals'
131.36 	testimony or examination reports on the grounds that the
132.1 	testimony or examination reports constitute a privileged
132.2 	communication.  Failure of a licensee or applicant to submit to
132.3 	an examination when directed by the board constitutes an
132.4 	admission of the allegations against the person, unless the
132.5 	failure was due to circumstances beyond the person's control, in
132.6 	which case a default and final order may be entered without the
132.7 	taking of testimony or presentation of evidence.  A licensee or
132.8 	applicant affected under this paragraph shall at reasonable
132.9 	intervals be given an opportunity to demonstrate that the person
132.10 	can resume the competent practice of licensed professional
132.11 	counseling with reasonable skill and safety to the public.  In
132.12 	any proceeding under this paragraph, neither the record of
132.13 	proceedings nor the orders entered by the board shall be used
132.14 	against a licensee or applicant in any other proceeding.
132.15 	(b) In addition to ordering a physical or mental
132.16 	examination, the board may, notwithstanding section 13.384,
132.17 	144.651, or any other law limiting access to medical or other
132.18 	health data, obtain medical data and health records relating to
132.19 	a licensee or applicant without the licensee's or applicant's
132.20 	consent if the board has probable cause to believe that section
132.21 	148B.59, paragraph (a), clause (9), applies to the licensee or
132.22 	applicant.  The medical data may be requested from a provider,
132.23 	as defined in section 144.335, subdivision 1, paragraph (b); an
132.24 	insurance company; or a government agency, including the
132.25 	Department of Human Services.  A provider, insurance company, or
132.26 	government agency shall comply with any written request of the
132.27 	board under this subdivision and is not liable in any action for
132.28 	damages for releasing the data requested by the board if the
132.29 	data are released pursuant to a written request under this
132.30 	subdivision, unless the information is false and the provider
132.31 	giving the information knew, or had reason to believe, the
132.32 	information was false.  Information obtained under this
132.33 	subdivision is classified as private under sections 13.01 to
132.34 	13.87.

132.35 	Sec. 10. [148B.5925] ASSESSMENT TOOL SECURITY.
132.36 	Notwithstanding section 144.335, subdivision 2, paragraphs
133.1 	(a) and (b), a provider shall not be required to provide copies
133.2 	of assessment tools, assessment tool materials, or scoring keys
133.3 	to any individual who has completed an assessment tool or to an
133.4 	individual not qualified to administer, score, and interpret the
133.5 	assessment tool, if the provider reasonably determines that
133.6 	access would compromise the objectivity, fairness, or integrity
133.7 	of the testing process for the individual or others.  If the
133.8 	provider makes this determination, the provider shall, at the
133.9 	discretion of the individual who has completed the assessment
133.10 	tool, release the information either to another provider who is
133.11 	qualified to administer, score, and interpret the assessment
133.12 	tool or furnish a summary of the assessment tool results to the
133.13 	individual or to a third party designated by the individual.

133.14 	Sec. 11. Minnesota Statutes 2004, section 148C.03,
133.15 	subdivision 1, is amended to read:
133.16 		Subdivision 1.General.  The commissioner shall, after
133.17 	consultation with the advisory council or a committee
133.18 	established by rule:
133.19 	(a) adopt and enforce rules for licensure of alcohol and
133.20 	drug counselors, including establishing standards and methods of
133.21 	determining whether applicants and licensees are qualified under
133.22 	section 148C.04.  The rules must provide for examinations and
133.23 	establish standards for the regulation of professional conduct.
133.24 	The rules must be designed to protect the public;
133.25 	(b) develop and, at least twice a year, administer an
133.26 	examination to assess applicants' knowledge and skills.  The
133.27 	commissioner may contract for the administration of an
133.28 	examination with an entity designated by the commissioner.  The
133.29 	examinations must be psychometrically valid and reliable; must
133.30 	be written and oral, with the oral examination based on a
133.31 	written case presentation; must minimize cultural bias; and must
133.32 	be balanced in various theories relative to the practice of
133.33 	alcohol and drug counseling;
133.34 	(c) issue licenses to individuals qualified under sections
133.35 	148C.01 to 148C.11;
133.36 	(d) (c) issue copies of the rules for licensure to all
134.1 	applicants;
134.2 	(e) (d) adopt rules to establish and implement procedures,
134.3 	including a standard disciplinary process and rules of
134.4 	professional conduct;
134.5 	(f) (e) carry out disciplinary actions against licensees;
134.6 	(g) (f) establish, with the advice and recommendations of
134.7 	the advisory council,written internal operating procedures for
134.8 	receiving and investigating complaints and for taking
134.9 	disciplinary actions as appropriate;
134.10 	(h) (g) educate the public about the existence and content
134.11 	of the rules for alcohol and drug counselor licensing to enable
134.12 	consumers to file complaints against licensees who may have
134.13 	violated the rules;
134.14 	(i) (h) evaluate the rules in order to refine and improve
134.15 	the methods used to enforce the commissioner's standards; and
134.16 	(j) (i) collect license fees for alcohol and drug
134.17 	counselors.

134.18 	Sec. 12. Minnesota Statutes 2004, section 148C.04,
134.19 	subdivision 3, is amended to read:
134.20 		Subd. 3.Requirements for licensure before july 1, 2008.
 134.21 	An applicant for a license must furnish evidence satisfactory to
134.22 	the commissioner that the applicant has met all the requirements
134.23 	in clauses (1) to (3).  The applicant must have:
134.24 	(1) received an associate degree, or an equivalent number
134.25 	of credit hours, and a certificate in alcohol and drug
134.26 	counseling, including 18 semester credits or 270 clock hours of
134.27 	academic course work in accordance with subdivision 5a,
134.28 	paragraph (a), from an accredited school or educational program
134.29 	and 880 clock hours of supervised alcohol and drug counseling
134.30 	practicum;
134.31 	(2) completed one of the following:
134.32 	(i) a written case presentation and satisfactorily passed
134.33 	an oral examination established by the commissioner that
134.34 	demonstrates competence in the core functions as determined by
134.35 	the board; or 
134.36 	(ii) satisfactorily completed 2,000 hours of supervised
135.1 	postdegree equivalent professional practice in accordance with
135.2 	section 148C.044; and
135.3 	(3) satisfactorily passed a written examination as
135.4 	established by the commissioner examinations for licensure as
135.5 	determined by the board.

135.6 	Sec. 13. Minnesota Statutes 2004, section 148C.04,
135.7 	subdivision 4, is amended to read:
135.8 		Subd. 4.Requirements for licensure after july 1, 2008.
 135.9 	An applicant for a license must submit evidence to the
135.10 	commissioner that the applicant has met one of the following
135.11 	requirements:
135.12 	(1) the applicant must have:
135.13 	(i) received a bachelor's degree from an accredited school
135.14 	or educational program, including 18 semester credits or 270
135.15 	clock hours of academic course work in accordance with
135.16 	subdivision 5a, paragraph (a), from an accredited school or
135.17 	educational program and 880 clock hours of supervised alcohol
135.18 	and drug counseling practicum;
135.19 	(ii) completed a written case presentation and
135.20 	satisfactorily passed an oral examination established by the
135.21 	commissioner that demonstrates competence in the core functions
135.22 	as determined by the board; or submitted to the board a plan for
135.23 	supervision during the first 2,000 hours of professional
135.24 	practice, or submitted proof of supervised professional practice
135.25 	that is acceptable to the board; and
135.26 	(iii) satisfactorily passed a written examination as 
135.27 	examinations as determined by the board established by
135.28 	the commissioner board; or
135.29 	(2) the applicant must meet the requirements of section
135.30 	148C.07.

135.31 	Sec. 14. Minnesota Statutes 2004, section 148C.04,
135.32 	subdivision 6, is amended to read:
135.33 		Subd. 6.Temporary permit requirements.  (a) The
135.34 	commissioner shall issue a temporary permit to practice alcohol
135.35 	and drug counseling prior to being licensed under this chapter
135.36 	if the person:
136.1 	(1) either:
136.2 	(i) submits verification of a current and unrestricted
136.3 	credential for the practice of alcohol and drug counseling from
136.4 	a national certification body or a certification or licensing
136.5 	body from another state, United States territory, or federally
136.6 	recognized tribal authority;
136.7 	(ii) submits verification of the completion of at least 64
136.8 	semester credits, including 270 clock hours or 18 semester
136.9 	credits of formal classroom education in alcohol and drug
136.10 	counseling and at least 880 clock hours of alcohol and drug
136.11 	counseling practicum from an accredited school or educational
136.12 	program;
136.13 	(iii) applies to renew a lapsed license according to the
136.14 	requirements of section 148C.055, subdivision 3, clauses (1) and
136.15 	(2), or section 148C.055, subdivision 4, clauses (1) and (2); or
136.16 	(iv) meets the requirements of section 148C.11, subdivision
136.17 	1, paragraph (c), or 6, clauses (1), (2), and (5);
136.18 	(2) applies, in writing, on an application form provided by
136.19 	the commissioner, which includes the nonrefundable temporary
136.20 	permit fee as specified in section 148C.12 and an affirmation by
136.21 	the person's supervisor, as defined in paragraph (c), clause
136.22 	(1), which is signed and dated by the person and the person's
136.23 	supervisor; and
136.24 	(3) has not been disqualified to practice temporarily on
136.25 	the basis of a background investigation under section 148C.09,
136.26 	subdivision 1a.
136.27 	(b) The commissioner must notify the person in writing
136.28 	within 90 days from the date the completed application and all
136.29 	required information is received by the commissioner whether the
136.30 	person is qualified to practice under this subdivision.
136.31 	(c) A person practicing under this subdivision:
136.32 	(1) may practice under tribal jurisdiction or under the
136.33 	direct supervision of a person who is licensed under this
136.34 	chapter;
136.35 	(2) is subject to the Rules of Professional Conduct set by
136.36 	rule; and
137.1 	(3) is not subject to the continuing education requirements
137.2 	of section 148C.075.
137.3 	(d) A person practicing under this subdivision must use the
137.4 	title or description stating or implying that the person is a
137.5 	trainee engaged in the practice of alcohol and drug counseling.
137.6 	(e) A person practicing under this subdivision must
137.7 	annually submit a renewal application on forms provided by the
137.8 	commissioner with the renewal fee required in section 148C.12,
137.9 	subdivision 3, and the commissioner may renew the temporary
137.10 	permit if the trainee meets the requirements of this
137.11 	subdivision.  A trainee may renew a practice permit no more than
137.12 	five times.
137.13 	(f) A temporary permit expires if not renewed, upon a
137.14 	change of employment of the trainee or upon a change in
137.15 	supervision, or upon the granting or denial by the commissioner
137.16 	of a license.

137.17 	Sec. 15. [148C.044] SUPERVISED POSTDEGREE PROFESSIONAL
137.18 	PRACTICE.
137.19 		Subdivision 1.Supervision. For the purpose of this
137.20 	section, "supervision" means documented interactive
137.21 	consultation, which, subject to the limitations in subdivision
137.22 	4, paragraph (a), clause (2), may be conducted in person, by
137.23 	telephone, or by audio or audiovisual electronic device, with a
137.24 	supervisor as defined in subdivision 2.  The supervision must be
137.25 	adequate to ensure the quality and competence of the activities
137.26 	supervised.  Supervisory consultation must include discussions
137.27 	on the nature and content of the practice of the supervisee,
137.28 	including, but not limited to, a review of a representative
137.29 	sample of counseling services in the supervisee's practice.
137.30 		Subd. 2.Postdegree professional practice. "Postdegree
137.31 	professional practice" means required postdegree paid or
137.32 	volunteer work experience and training that involves the
137.33 	professional oversight by a supervisor approved by the board and
137.34 	that satisfies the supervision requirements in subdivision 4.
137.35 		Subd. 3.Supervisor requirements. For purposes of this
137.36 	section, a supervisor shall:
138.1 	(1) be a licensed alcohol and drug counselor or other
138.2 	qualified professional as determined by the board;
138.3 	(2) have four years of experience in providing alcohol and
138.4 	drug counseling; and 
138.5 	(3) have received a minimum of 12 hours of training in
138.6 	clinical and ethical supervision, which may include graduate
138.7 	course work, continuing education courses, workshops, or a
138.8 	combination thereof.
138.9 		Subd. 4.Supervised practice requirements for
138.10 	licensure. (a) The content of supervision must include:
138.11 	(1) knowledge, skills, values, and ethics with specific
138.12 	application to the practice issues faced by the supervisee,
138.13 	including the core functions as described in section 148C.01,
138.14 	subdivision 9;
138.15 	(2) the standards of practice and ethical conduct, with
138.16 	particular emphasis given to the counselor's role and
138.17 	appropriate responsibilities, professional boundaries, and power
138.18 	dynamics; and 
138.19 	(3) the supervisee's permissible scope of practice, as
138.20 	defined by section 148C.01, subdivision 10.
138.21 	(b) The supervision must be obtained at the rate of one
138.22 	hour of supervision per 40 hours of professional practice, for a
138.23 	total of 50 hours of supervision.  The supervision must be
138.24 	evenly distributed over the course of the supervised
138.25 	professional practice.  At least 75 percent of the required
138.26 	supervision hours must be received in person.  The remaining 25
138.27 	percent of the required hours may be received by telephone or by
138.28 	audio or audiovisual electronic device.  At least 50 percent of
138.29 	the required hours of supervision must be received on an
138.30 	individual basis.  The remaining 50 percent may be received in a
138.31 	group setting.
138.32 	(c) The supervision must be completed in no fewer than 12
138.33 	consecutive months and no more than 36 consecutive months.
138.34 	(d) The applicant shall include with an application for
138.35 	licensure verification of completion of the 2,000 hours of
138.36 	supervised professional practice.  Verification must be on a
139.1 	form specified by the board.  The supervisor shall verify that
139.2 	the supervisee has completed the required hours of supervision
139.3 	in accordance with this section.  The supervised practice
139.4 	required under this section is unacceptable if the supervisor
139.5 	attests that the supervisee's performance, competence, or
139.6 	adherence to the standards of practice and ethical conduct has
139.7 	been unsatisfactory.

139.8 	Sec. 16. Minnesota Statutes 2004, section 148C.091,
139.9 	subdivision 1, is amended to read:
139.10 		Subdivision 1.Forms of disciplinary action.  When the
139.11 	commissioner finds that an applicant or a licensed alcohol and
139.12 	drug counselor has violated a provision or provisions of
139.13 	sections 148C.01 to 148C.11, or rules promulgated under this
139.14 	chapter, the commissioner may take one or more of the following
139.15 	actions:
139.16 	(1) refuse to grant a license;
139.17 	(2) revoke the license;
139.18 	(3) suspend the license;
139.19 	(4) impose limitations or conditions;
139.20 	(5) impose a civil penalty not exceeding $10,000 for each
139.21 	separate violation, the amount of the civil penalty to be fixed
139.22 	so as to deprive the counselor of any economic advantage gained
139.23 	by reason of the violation charged or to reimburse the
139.24 	commissioner for all costs of the investigation and proceeding;
139.25 	including, but not limited to, the amount paid by the
139.26 	commissioner for services from the Office of Administrative
139.27 	Hearings, attorney fees, court reports, witnesses, reproduction
139.28 	of records, advisory council members' per diem compensation,
139.29 	staff time, and expense incurred by advisory council members and 
139.30 	staff of the department;
139.31 	(6) order the counselor to provide uncompensated
139.32 	professional service under supervision at a designated public
139.33 	hospital, clinic, or other health care institution;
139.34 	(7) censure or reprimand the counselor; or
139.35 	(8) any other action justified by the case.

139.36 	Sec. 17. Minnesota Statutes 2004, section 148C.10,
140.1 	subdivision 2, is amended to read:
140.2 		Subd. 2.Use of titles.  No person shall present
140.3 	themselves or any other individual to the public by any title
140.4 	incorporating the words "licensed alcohol and drug counselor" or
140.5 	otherwise hold themselves out to the public by any title or
140.6 	description stating or implying that they are licensed or
140.7 	otherwise qualified to practice alcohol and drug counseling
140.8 	unless that individual holds a valid license.  Persons issued a
140.9 	temporary permit must use titles consistent with section
140.10 	148C.04, subdivision 6, paragraph (c) (d).

140.11 	Sec. 18. Minnesota Statutes 2004, section 148C.11,
140.12 	subdivision 1, is amended to read:
140.13 		Subdivision 1.Other professionals.  (a) Nothing in this
140.14 	chapter prevents members of other professions or occupations
140.15 	from performing functions for which they are qualified or
140.16 	licensed.  This exception includes, but is not limited to,:
140.17 	licensed physicians,;registered nurses,;licensed practical
140.18 	nurses,;licensed psychological practitioners,;members of the
140.19 	clergy,;American Indian medicine men and women,;licensed
140.20 	attorneys,;probation officers,;licensed marriage and family
140.21 	therapists,;licensed social workers,; social workers employed
140.22 	by city, county, or state agencies;licensed professional
140.23 	counselors,;licensed school counselors,;registered
140.24 	occupational therapists or occupational therapy assistants,;
140.25 	city, county, or state employees when providing assessments or
140.26 	case management under Minnesota Rules, chapter 9530;and until
140.27 	July 1, 2005, individuals providing integrated dual-diagnosis
140.28 	treatment in adult mental health rehabilitative programs
140.29 	certified by the Department of Human Services under section
140.30 	256B.0622 or 256B.0623.
140.31 	(b) Nothing in this chapter prohibits technicians and
140.32 	resident managers in programs licensed by the Department of
140.33 	Human Services from discharging their duties as provided in
140.34 	Minnesota Rules, chapter 9530.
140.35 	(c) Any person who is exempt under this section subdivision 
140.36 	but who elects to obtain a license under this chapter is subject
141.1 	to this chapter to the same extent as other licensees. The
141.2 	board shall issue a license without examination to an applicant
141.3 	who is licensed or registered in a profession identified in
141.4 	paragraph (a) if the applicant:
141.5 	(1) shows evidence of current licensure or registration;
141.6 	and 
141.7 	(2) has submitted to the board a plan for supervision
141.8 	during the first 2,000 hours of professional practice or has
141.9 	submitted proof of supervised professional practice that is
141.10 	acceptable to the board.
141.11 	(d) These persons Any person who is exempt from licensure
141.12 	under this section must not, however,use a title incorporating
141.13 	the words "alcohol and drug counselor" or "licensed alcohol and
141.14 	drug counselor" or otherwise hold themselves out to the public
141.15 	by any title or description stating or implying that they are
141.16 	engaged in the practice of alcohol and drug counseling, or that
141.17 	they are licensed to engage in the practice of alcohol and drug
141.18 	counseling unless that person is also licensed as an alcohol and
141.19 	drug counselor.  Persons engaged in the practice of alcohol and
141.20 	drug counseling are not exempt from the commissioner's
141.21 	jurisdiction solely by the use of one of the above titles.

141.22 	Sec. 19. Minnesota Statutes 2004, section 148C.11,
141.23 	subdivision 4, is amended to read:
141.24 		Subd. 4.Hospital alcohol and drug counselors.  Effective
141.25 	January 1, 2006 2007, hospitals employing alcohol and drug
141.26 	counselors shall be required to employ licensed alcohol and drug
141.27 	counselors.  An alcohol or drug counselor employed by a hospital
141.28 	must be licensed as an alcohol and drug counselor in accordance
141.29 	with this chapter.

141.30 	Sec. 20. Minnesota Statutes 2004, section 148C.11,
141.31 	subdivision 5, is amended to read:
141.32 		Subd. 5.City, county, and state agency alcohol and drug
141.33 	counselors.  Effective January 1, 2006 2007, city, county, and
141.34 	state agencies employing alcohol and drug counselors shall be
141.35 	required to employ licensed alcohol and drug counselors.  An
141.36 	alcohol and drug counselor employed by a city, county, or state
142.1 	agency must be licensed as an alcohol and drug counselor in
142.2 	accordance with this chapter.

142.3 	Sec. 21. Minnesota Statutes 2004, section 148C.11,
142.4 	subdivision 6, is amended to read:
142.5 		Subd. 6.Transition period for hospital and city, county,
142.6 	and state agency alcohol and drug counselors.  For the period
142.7 	between July 1, 2003, and January 1, 2006 2007, the commissioner
142.8 	shall grant a license to an individual who is employed as an
142.9 	alcohol and drug counselor at a Minnesota school district or
142.10 	hospital, or a city, county, or state agency in Minnesota, if
142.11 	the individual meets the requirements in section 148C.0351 and:
142.12 	(1) was employed as an alcohol and drug counselor at a
142.13 	school district, a hospital, or a city, county, or state agency
142.14 	before August 1, 2002; (2) has 8,000 hours of alcohol and drug
142.15 	counselor work experience; (3) has satisfactorily completed
142.16 	2,000 hours of supervised postdegree equivalent professional
142.17 	practice according to section 148C.04, subdivision 4; or has
142.18 	completed a written case presentation and satisfactorily passed
142.19 	an oral examination established by the commissioner; (4) and has
142.20 	satisfactorily passed a written examination as established by
142.21 	the commissioner; and (5) meets the requirements in section
142.22 	148C.0351 or 
142.23 	(2) is credentialed as a board certified counselor (BCC) or
142.24 	board certified counselor reciprocal (BCCR) by the Minnesota
142.25 	Certification Board; or 
142.26 	(3) has 14,000 hours of supervised alcohol and drug
142.27 	counselor work experience as documented by the employer.

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

142.35 	Sec. 23. Minnesota Statutes 2004, section 214.01,
142.36 	subdivision 2, is amended to read:
143.1 		Subd. 2.Health-related licensing board.  "Health-related
143.2 	licensing board" means the Board of Examiners of Nursing Home
143.3 	Administrators established pursuant to section 144A.19, the
143.4 	Office of Unlicensed Complementary and Alternative Health Care
143.5 	Practice established pursuant to section 146A.02, the Board of
143.6 	Medical Practice created pursuant to section 147.01, the Board
143.7 	of Nursing created pursuant to section 148.181, the Board of
143.8 	Chiropractic Examiners established pursuant to section 148.02,
143.9 	the Board of Optometry established pursuant to section 148.52,
143.10 	the Board of Physical Therapy established pursuant to section
143.11 	148.67, the Board of Psychology established pursuant to section
143.12 	148.90, the Board of Social Work pursuant to section 148B.19,
143.13 	the Board of Marriage and Family Therapy pursuant to section
143.14 	148B.30, the Office of Mental Health Practice established
143.15 	pursuant to section 148B.61, the Board of Behavioral Health and
143.16 	Therapy established by section 148B.51, the Alcohol and Drug
143.17 	Counselors Licensing Advisory Council established pursuant to
143.18 	section 148C.02,the Board of Dietetics and Nutrition Practice
143.19 	established under section 148.622, the Board of Dentistry
143.20 	established pursuant to section 150A.02, the Board of Pharmacy
143.21 	established pursuant to section 151.02, the Board of Podiatric
143.22 	Medicine established pursuant to section 153.02, and the Board
143.23 	of Veterinary Medicine, established pursuant to section 156.01.

143.24 	Sec. 24. Minnesota Statutes 2004, section 214.103,
143.25 	subdivision 1, is amended to read:
143.26 		Subdivision 1.Application.  For purposes of this
143.27 	section, "board" means "health-related licensing board" and does
143.28 	not include the Alcohol and Drug Counselors Licensing Advisory
143.29 	Council established pursuant to section 148C.02, or the
143.30 	non-health-related licensing boards.  Nothing in this section
143.31 	supersedes section 214.10, subdivisions 2a, 3, 8, and 9, as they
143.32 	apply to the health-related licensing boards.

143.33 	Sec. 25. AUTHORIZATION FOR EXPEDITED RULEMAKING
143.34 	AUTHORITY.
 143.35 	The Board of Behavioral Health and Therapy may use the
143.36 	expedited rulemaking process under Minnesota Statutes, section
144.1 	14.389, for adopting and amending rules to conform with sections
144.2 	1 to 10.

144.3 	Sec. 26. REPEALER.
 144.4 	(a) Minnesota Statutes 2004, sections 148C.02 and 148C.12,
144.5 	subdivision 4, are repealed.
144.6 	(b) Minnesota Rules, parts 4747.0030, subparts 11 and 16;
144.7 	4747.1200; and 4747.1300, are repealed.

144.8 	Sec. 27. EFFECTIVE DATE.
 144.9 	This article is effective July 1, 2005.

144.10 	ARTICLE 6
144.11 	BOARD OF MEDICAL PRACTICE
144.12 	(PHYSICIAN ASSISTANTS AND RESPIRATORY CARE PRACTITIONERS)

144.13 	Section 1. Minnesota Statutes 2004, section 147A.18,
144.14 	subdivision 1, is amended to read:
144.15 		Subdivision 1.Delegation.  (a) A supervising physician
144.16 	may delegate to a physician assistant who is registered with the
144.17 	board, certified by the National Commission on Certification of
144.18 	Physician Assistants or successor agency approved by the board,
144.19 	and who is under the supervising physician's supervision, the
144.20 	authority to prescribe, dispense, and administer legend drugs,
144.21 	medical devices, and controlled substances subject to the
144.22 	requirements in this section.  The authority to dispense
144.23 	includes, but is not limited to, the authority to request,
144.24 	receive, and dispense sample drugs.  This authority to dispense
144.25 	extends only to those drugs described in the written agreement
144.26 	developed under paragraph (b).
144.27 	(b) The agreement between the physician assistant and
144.28 	supervising physician and any alternate supervising physicians
144.29 	must include a statement by the supervising physician regarding
144.30 	delegation or nondelegation of the functions of prescribing,
144.31 	dispensing, and administering of legend drugs and medical
144.32 	devices to the physician assistant.  The statement must include
144.33 	a protocol indicating categories of drugs for which the
144.34 	supervising physician delegates prescriptive and dispensing
144.35 	authority.  The delegation must be appropriate to the physician
144.36 	assistant's practice and within the scope of the physician
145.1 	assistant's training.  Physician assistants who have been
145.2 	delegated the authority to prescribe, dispense, and administer
145.3 	legend drugs and medical devices shall provide evidence of
145.4 	current certification by the National Commission on
145.5 	Certification of Physician Assistants or its successor agency
145.6 	when registering or reregistering as physician assistants.
145.7 	Physician assistants who have been delegated the authority to
145.8 	prescribe controlled substances must present evidence of the
145.9 	certification and hold a valid DEA certificate.  Supervising
145.10 	physicians shall retrospectively review the prescribing,
145.11 	dispensing, and administering of legend and controlled drugs and
145.12 	medical devices by physician assistants, when this authority has
145.13 	been delegated to the physician assistant as part of the
145.14 	delegation agreement between the physician and the physician
145.15 	assistant.  This review must take place at least weekly as
145.16 	outlined in the internal protocol.  The process and schedule for
145.17 	the review must be outlined in the delegation agreement.
145.18 	(c) The board may establish by rule:
145.19 	(1) a system of identifying physician assistants eligible
145.20 	to prescribe, administer, and dispense legend drugs and medical
145.21 	devices;
145.22 	(2) a system of identifying physician assistants eligible
145.23 	to prescribe, administer, and dispense controlled substances;
145.24 	(3) a method of determining the categories of legend and
145.25 	controlled drugs and medical devices that each physician
145.26 	assistant is allowed to prescribe, administer, and dispense; and
145.27 	(4) a system of transmitting to pharmacies a listing of
145.28 	physician assistants eligible to prescribe legend and controlled
145.29 	drugs and medical devices.

145.30 	Sec. 2. Minnesota Statutes 2004, section 147A.18,
145.31 	subdivision 3, is amended to read:
145.32 		Subd. 3.Other requirements and restrictions.  (a) The
145.33 	supervising physician and the physician assistant must complete,
145.34 	sign, and date an internal protocol which lists each category of
145.35 	drug or medical device, or controlled substance the physician
145.36 	assistant may prescribe, dispense, and administer.  The
146.1 	supervising physician and physician assistant shall submit the
146.2 	internal protocol to the board upon request.  The supervising
146.3 	physician may amend the internal protocol as necessary, within
146.4 	the limits of the completed delegation form in subdivision 5.
146.5 	The supervising physician and physician assistant must sign and
146.6 	date any amendments to the internal protocol.  Any amendments
146.7 	resulting in a change to an addition or deletion to categories
146.8 	delegated in the delegation form in subdivision 5 must be
146.9 	submitted to the board according to this chapter, along with the
146.10 	fee required.
146.11 	(b) The supervising physician and physician assistant shall
146.12 	review delegation of prescribing, dispensing, and administering
146.13 	authority on an annual basis at the time of reregistration.  The
146.14 	internal protocol must be signed and dated by the supervising
146.15 	physician and physician assistant after review.  Any amendments
146.16 	to the internal protocol resulting in changes to the delegation
146.17 	form in subdivision 5 must be submitted to the board according
146.18 	to this chapter, along with the fee required.
146.19 	(c) Each prescription initiated by a physician assistant
146.20 	shall indicate the following:
146.21 	(1) the date of issue;
146.22 	(2) the name and address of the patient;
146.23 	(3) the name and quantity of the drug prescribed;
146.24 	(4) directions for use; and
146.25 	(5) the name,and address, and telephone number of the
146.26 	prescribing physician assistant and of the physician serving as
146.27 	supervisor.
146.28 	(d) In prescribing, dispensing, and administering legend
146.29 	drugs and medical devices, including controlled substances as
146.30 	defined in section 152.01, subdivision 4, a physician assistant
146.31 	must conform with the agreement, chapter 151, and this chapter.

146.32 	Sec. 3. Minnesota Statutes 2004, section 147C.05, is
146.33 	amended to read:
146.34 	147C.05 SCOPE OF PRACTICE.
146.35 	(a) The practice of respiratory care by a registered
146.36 	respiratory care practitioner includes, but is not limited to,
147.1 	the following services:
147.2 	(1) providing and monitoring therapeutic administration of
147.3 	medical gases, aerosols, humidification, and pharmacological
147.4 	agents related to respiratory care procedures, but not including
147.5 	administration of general anesthesia;
147.6 	(2) carrying out therapeutic application and monitoring of
147.7 	mechanical ventilatory support;
147.8 	(3) providing cardiopulmonary resuscitation and maintenance
147.9 	of natural airways and insertion and maintenance of artificial
147.10 	airways;
147.11 	(4) assessing and monitoring signs, symptoms, and general
147.12 	behavior relating to, and general physical response to,
147.13 	respiratory care treatment or evaluation for treatment and
147.14 	diagnostic testing, including determination of whether the
147.15 	signs, symptoms, reactions, behavior, or general response
147.16 	exhibit abnormal characteristics;
147.17 	(5) obtaining physiological specimens and interpreting
147.18 	physiological data including:
147.19 	(i) analyzing arterial and venous blood gases;
147.20 	(ii) assessing respiratory secretions;
147.21 	(iii) measuring ventilatory volumes, pressures, and flows;
147.22 	(iv) testing pulmonary function;
147.23 	(v) testing and studying the cardiopulmonary system; and
147.24 	(vi) diagnostic testing of breathing patterns related to
147.25 	sleep disorders;
147.26 	(6) assisting hemodynamic monitoring and support of the
147.27 	cardiopulmonary system;
147.28 	(7) assessing and making suggestions for modifications in
147.29 	the treatment regimen based on abnormalities, protocols, or
147.30 	changes in patient response to respiratory care treatment;
147.31 	(8) providing cardiopulmonary rehabilitation including
147.32 	respiratory-care related educational components, postural
147.33 	drainage, chest physiotherapy, breathing exercises, aerosolized
147.34 	administration of medications, and equipment use and
147.35 	maintenance;
147.36 	(9) instructing patients and their families in techniques
148.1 	for the prevention, alleviation, and rehabilitation of
148.2 	deficiencies, abnormalities, and diseases of the cardiopulmonary
148.3 	system; and
148.4 	(10) transcribing and implementing physician orders for
148.5 	respiratory care services.
148.6 	(b) Patient service by a practitioner must be limited to:
148.7 	(1) services within the training and experience of the
148.8 	practitioner; and
148.9 	(2) services within the parameters of the laws, rules, and
148.10 	standards of the facilities in which the respiratory care
148.11 	practitioner practices.
148.12 	(c) Respiratory care services provided by a registered
148.13 	respiratory care practitioner, whether delivered in a health
148.14 	care facility or the patient's residence, must not be provided
148.15 	except upon referral from a physician.
148.16 	(d) This section does not prohibit an individual licensed
148.17 	or registered as a respiratory therapist in another state or
148.18 	country from providing respiratory care in an emergency in this
148.19 	state, providing respiratory care as a member of an organ
148.20 	harvesting team, or from providing respiratory care on board an
148.21 	ambulance as part of an ambulance treatment team.

148.22 	ARTICLE 7
148.23 	COMMISSIONER OF HEALTH - AUDIOLOGISTS

148.24 	Section 1. Minnesota Statutes 2004, section 148.512,
148.25 	subdivision 6, is amended to read:
148.26 		Subd. 6.Audiologist.  "Audiologist" means a natural
148.27 	person who engages in the practice of audiology, meets the
148.28 	qualifications required by sections 148.511 to 148.5196 
148.29 	148.5198, and is licensed by the commissioner under a general,
148.30 	clinical fellowship, doctoral externship, or temporary license.
148.31 	Audiologist also means a natural person using any descriptive
148.32 	word with the title audiologist.

148.33 	Sec. 2. Minnesota Statutes 2004, section 148.512, is
148.34 	amended by adding a subdivision to read:
148.35 		Subd. 10a.Hearing aid. "Hearing aid" means an
148.36 	instrument, or any of its parts, worn in the ear canal and
149.1 	designed to or represented as being able to aid or enhance human
149.2 	hearing.  "Hearing aid" includes the aid's parts, attachments,
149.3 	or accessories, including, but not limited to, ear molds and
149.4 	behind the ear (BTE) devices with or without an ear mold.
149.5 	Batteries and cords are not parts, attachments, or accessories
149.6 	of a hearing aid.  Surgically implanted hearing aids, and
149.7 	assistive listening devices not worn within the ear canal, are
149.8 	not hearing aids.

149.9 	Sec. 3. Minnesota Statutes 2004, section 148.512, is
149.10 	amended by adding a subdivision to read:
149.11 		Subd. 10b.Hearing aid dispensing. "Hearing aid
149.12 	dispensing" means making ear mold impressions, prescribing, or
149.13 	recommending a hearing aid, assisting the consumer in aid
149.14 	selection, selling hearing aids at retail, or testing human
149.15 	hearing in connection with these activities regardless of
149.16 	whether the person conducting these activities has a monetary
149.17 	interest in the dispensing of hearing aids to the consumer.

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

149.22 	Sec. 5. Minnesota Statutes 2004, section 148.515, is
149.23 	amended by adding a subdivision to read:
149.24 		Subd. 6.Dispensing audiologist examination
149.25 	requirements. (a) Audiologists are exempt from the written
149.26 	examination requirement in section 153A.14, subdivision 2h,
149.27 	paragraph (a), clause (1).
149.28 	(b) After July 31, 2005, all applicants for audiologist
149.29 	licensure under sections 148.512 to 148.5198 must achieve a
149.30 	passing score on the practical tests of proficiency described in
149.31 	section 153A.14, subdivision 2h, paragraph (a), clause (2),
149.32 	within the time period described in section 153A.14, subdivision
149.33 	2h, paragraph (c).
149.34 	(c) In order to dispense hearing aids as a sole proprietor,
149.35 	member of a partnership, or for a limited liability company,
149.36 	corporation, or any other entity organized for profit, a
150.1 	licensee who obtained audiologist licensure under sections
150.2 	148.512 to 148.5198, before August 1, 2005, and who is not
150.3 	certified to dispense hearing aids under chapter 153A, must
150.4 	achieve a passing score on the practical tests of proficiency
150.5 	described in section 153A.14, subdivision 2h, paragraph (a),
150.6 	clause (2), within the time period described in section 153A.14,
150.7 	subdivision 2h, paragraph (c).  All other audiologist licensees
150.8 	who obtained licensure before August 1, 2005, are exempt from
150.9 	the practical tests.

150.10 	Sec. 6. Minnesota Statutes 2004, section 148.5194, is
150.11 	amended by adding a subdivision to read:
150.12 		Subd. 7.Audiologist surcharge fee. (a) The biennial
150.13 	surcharge fee for audiologists is $235.  The commissioner shall
150.14 	prorate the fee for clinical fellowship, doctoral externship,
150.15 	temporary, and first time licensees according to the number of
150.16 	months that have elapsed between the date the license is issued
150.17 	and the date the license expires or must be renewed under
150.18 	section 148.5191, subdivision 4.
150.19 	(b) Effective November 1, 2005, the commissioner shall
150.20 	collect the $235 audiologist surcharge fee prorated according to
150.21 	the number of months remaining until the next scheduled license
150.22 	renewal.

150.23 	Sec. 7. Minnesota Statutes 2004, section 148.5195,
150.24 	subdivision 3, is amended to read:
150.25 		Subd. 3.Grounds for disciplinary action by
150.26 	commissioner.  The commissioner may take any of the disciplinary
150.27 	actions listed in subdivision 4 on proof that the individual has:
150.28 	(1) intentionally submitted false or misleading information
150.29 	to the commissioner or the advisory council;
150.30 	(2) failed, within 30 days, to provide information in
150.31 	response to a written request, via certified mail, by the
150.32 	commissioner or advisory council;
150.33 	(3) performed services of a speech-language pathologist or
150.34 	audiologist in an incompetent or negligent manner;
150.35 	(4) violated sections 148.511 to 148.5196 148.5198;
150.36 	(5) failed to perform services with reasonable judgment,
151.1 	skill, or safety due to the use of alcohol or drugs, or other
151.2 	physical or mental impairment;
151.3 	(6) violated any state or federal law, rule, or regulation,
151.4 	and the violation is a felony or misdemeanor, an essential
151.5 	element of which is dishonesty, or which relates directly or
151.6 	indirectly to the practice of speech-language pathology or
151.7 	audiology.  Conviction for violating any state or federal law
151.8 	which relates to speech-language pathology or audiology is
151.9 	necessarily considered to constitute a violation, except as
151.10 	provided in chapter 364;
151.11 	(7) aided or abetted another person in violating any
151.12 	provision of sections 148.511 to 148.5196 148.5198;
151.13 	(8) been or is being disciplined by another jurisdiction,
151.14 	if any of the grounds for the discipline is the same or
151.15 	substantially equivalent to those under sections 148.511 to
151.16 	148.5196;
151.17 	(9) not cooperated with the commissioner or advisory
151.18 	council in an investigation conducted according to subdivision
151.19 	1;
151.20 	(10) advertised in a manner that is false or misleading;
151.21 	(11) engaged in conduct likely to deceive, defraud, or harm
151.22 	the public; or demonstrated a willful or careless disregard for
151.23 	the health, welfare, or safety of a client;
151.24 	(12) failed to disclose to the consumer any fee splitting
151.25 	or any promise to pay a portion of a fee to any other
151.26 	professional other than a fee for services rendered by the other
151.27 	professional to the client;
151.28 	(13) engaged in abusive or fraudulent billing practices,
151.29 	including violations of federal Medicare and Medicaid laws, Food
151.30 	and Drug Administration regulations, or state medical assistance
151.31 	laws;
151.32 	(14) obtained money, property, or services from a consumer
151.33 	through the use of undue influence, high pressure sales tactics,
151.34 	harassment, duress, deception, or fraud;
151.35 	(15) performed services for a client who had no possibility
151.36 	of benefiting from the services;
152.1 	(16) failed to refer a client for medical evaluation or to
152.2 	other health care professionals when appropriate or when a
152.3 	client indicated symptoms associated with diseases that could be
152.4 	medically or surgically treated;
152.5 	(17) if the individual is a dispenser of hearing
152.6 	instruments as defined by section 153A.13, subdivision 5,had
152.7 	the certification required by chapter 153A,denied, suspended,
152.8 	or revoked according to chapter 153A;
152.9 	(18) used the term doctor of audiology, doctor of
152.10 	speech-language pathology, AuD, or SLPD without having obtained
152.11 	the degree from an institution accredited by the North Central
152.12 	Association of Colleges and Secondary Schools, the Council on
152.13 	Academic Accreditation in Audiology and Speech-Language
152.14 	Pathology, the United States Department of Education, or an
152.15 	equivalent; or 
152.16 	(19) failed to comply with the requirements of section
152.17 	148.5192 regarding supervision of speech-language pathology
152.18 	assistants.; or 
152.19 	(20) if the individual is an audiologist or certified
152.20 	hearing aid dispenser:
152.21 	(i) prescribed or otherwise recommended to a consumer or
152.22 	potential consumer the use of a hearing aid, unless the
152.23 	prescription from a physician or recommendation from an
152.24 	audiologist or certified dispenser is in writing, is based on an
152.25 	audiogram that is delivered to the consumer or potential
152.26 	consumer when the prescription or recommendation is made, and
152.27 	bears the following information in all capital letters of
152.28 	12-point or larger boldface type:  "THIS PRESCRIPTION OR
152.29 	RECOMMENDATION MAY BE FILLED BY, AND HEARING AIDS MAY BE
152.30 	PURCHASED FROM, THE LICENSED AUDIOLOGIST OR CERTIFIED DISPENSER
152.31 	OF YOUR CHOICE";
152.32 	(ii) failed to give a copy of the audiogram, upon which the
152.33 	prescription or recommendation is based, to the consumer when
152.34 	the consumer requests a copy;
152.35 	(iii) failed to provide the consumer rights brochure
152.36 	required by section 148.5197, subdivision 3;
153.1 	(iv) failed to comply with restrictions on sales of hearing
153.2 	aids in sections 148.5197, subdivision 3, and 148.5198;
153.3 	(v) failed to return a consumer's hearing aid used as a
153.4 	trade-in or for a discount in the price of a new hearing aid
153.5 	when requested by the consumer upon cancellation of the purchase
153.6 	agreement;
153.7 	(vi) failed to follow Food and Drug Administration or
153.8 	Federal Trade Commission regulations relating to dispensing
153.9 	hearing aids;
153.10 	(vii) failed to dispense a hearing aid in a competent
153.11 	manner or without appropriate training;
153.12 	(viii) delegated hearing instrument dispensing authority to
153.13 	a person not authorized to dispense a hearing instrument under
153.14 	this chapter or chapter 153A;
153.15 	(ix) failed to comply with the requirements of an employer
153.16 	or supervisor of a hearing aid dispenser trainee; or 
153.17 	(x) violated a state or federal court order or judgment,
153.18 	including a conciliation court judgment, relating to the
153.19 	activities of the individual's hearing aid dispensing.

153.20 	Sec. 8. Minnesota Statutes 2004, section 148.5196,
153.21 	subdivision 1, is amended to read:
153.22 		Subdivision 1.Membership.  The commissioner shall
153.23 	appoint eight 12 persons to a Speech-Language Pathologist and
153.24 	Audiologist Advisory Council.  The eight 12 persons must include:
153.25 	(1) two three public members, as defined in section 214.02.
153.26 	Two of the public members shall be either persons receiving
153.27 	services of a speech-language pathologist or audiologist, or
153.28 	family members of or caregivers to such persons, and at least
153.29 	one of the public members shall be either a hearing instrument
153.30 	user or an advocate of one;
153.31 	(2) two three speech-language pathologists licensed under
153.32 	sections 148.511 to 148.5196, one of whom is currently and has
153.33 	been, for the five years immediately preceding the appointment,
153.34 	engaged in the practice of speech-language pathology in
153.35 	Minnesota and each of whom is employed in a different employment
153.36 	setting including, but not limited to, private practice,
154.1 	hospitals, rehabilitation settings, educational settings, and
154.2 	government agencies;
154.3 	(3) one speech-language pathologist licensed under sections
154.4 	148.511 to 148.5196, who is currently and has been, for the five
154.5 	years immediately preceding the appointment, employed by a
154.6 	Minnesota public school district or a Minnesota public school
154.7 	district consortium that is authorized by Minnesota Statutes and
154.8 	who is licensed in speech-language pathology by the Minnesota
154.9 	Board of Teaching;
154.10 	(4) two three audiologists licensed under sections 148.511
154.11 	to 148.5196, one two of whom is are currently and has have 
154.12 	been, for the five years immediately preceding the appointment,
154.13 	engaged in the practice of audiology and the dispensing of
154.14 	hearing instruments in Minnesota and each of whom is employed in
154.15 	a different employment setting including, but not limited to,
154.16 	private practice, hospitals, rehabilitation settings,
154.17 	educational settings, industry, and government agencies; and 
154.18 	(5) one nonaudiologist hearing instrument dispenser
154.19 	recommended by a professional association representing hearing
154.20 	instrument dispensers; and 
154.21 	(6) one physician licensed under chapter 147 and certified
154.22 	by the American Board of Otolaryngology, Head and Neck Surgery.

154.23 	Sec. 9. [148.5197] HEARING AID DISPENSING.
154.24 		Subdivision 1.Content of contracts. Oral statements
154.25 	made by an audiologist or certified dispenser regarding the
154.26 	provision of warranties, refunds, and service on the hearing aid
154.27 	or aids dispensed must be written on, and become part of, the
154.28 	contract of sale, specify the item or items covered, and
154.29 	indicate the person or business entity obligated to provide the
154.30 	warranty, refund, or service.
154.31 		Subd. 2.Required use of license number. The
154.32 	audiologist's license number or certified dispenser's
154.33 	certificate number must appear on all contracts, bills of sale,
154.34 	and receipts used in the sale of hearing aids.
154.35 		Subd. 3.Consumer rights information. An audiologist or
154.36 	certified dispenser shall, at the time of the recommendation or
155.1 	prescription, give a consumer rights brochure, prepared by the
155.2 	commissioner and containing information about legal requirements
155.3 	pertaining to dispensing of hearing aids, to each potential
155.4 	consumer of a hearing aid.  The brochure must contain
155.5 	information about the consumer information center described in
155.6 	section 153A.18.  A contract for a hearing aid must note the
155.7 	receipt of the brochure by the consumer, along with the
155.8 	consumer's signature or initials.
155.9 		Subd. 4.Liability for contracts. Owners of entities in
155.10 	the business of dispensing hearing aids, employers of
155.11 	audiologists or persons who dispense hearing aids, supervisors
155.12 	of trainees or audiology students, and hearing aid dispensers
155.13 	conducting the transaction at issue are liable for satisfying
155.14 	all terms of contracts, written or oral, made by their agents,
155.15 	employees, assignees, affiliates, or trainees, including terms
155.16 	relating to products, repairs, warranties, service, and
155.17 	refunds.  The commissioner may enforce the terms of hearing aid
155.18 	contracts against the principal, employer, supervisor, or
155.19 	dispenser who conducted the transaction and may impose any
155.20 	remedy provided for in this chapter.

155.21 	Sec. 10. [148.5198] RESTRICTION ON SALE OF HEARING AIDS.
155.22 		Subdivision 1.45-calendar-day guarantee and buyer right
155.23 	to cancel. (a) An audiologist or certified dispenser dispensing
155.24 	a hearing aid in this state must comply with paragraphs (b) and
155.25 	(c).
155.26 	(b) The audiologist or certified dispenser must provide the
155.27 	buyer with a 45-calendar-day written money-back guarantee.  The
155.28 	guarantee must permit the buyer to cancel the purchase for any
155.29 	reason within 45 calendar days after receiving the hearing aid
155.30 	by giving or mailing written notice of cancellation to the
155.31 	audiologist or certified dispenser.  If the buyer mails the
155.32 	notice of cancellation, the 45-calendar-day period is counted
155.33 	using the postmark date, to the date of receipt by the
155.34 	audiologist or certified dispenser.  If the hearing aid must be
155.35 	repaired, remade, or adjusted during the 45-calendar-day
155.36 	money-back guarantee period, the running of the 45-calendar-day
156.1 	period is suspended one day for each 24-hour period that the
156.2 	hearing aid is not in the buyer's possession.  A repaired,
156.3 	remade, or adjusted hearing aid must be claimed by the buyer
156.4 	within three business days after notification of availability,
156.5 	after which time the running of the 45-calendar-day period
156.6 	resumes.  The guarantee must entitle the buyer, upon
156.7 	cancellation, to receive a refund of payment within 30 days of
156.8 	return of the hearing aid to the audiologist or certified
156.9 	dispenser.  The audiologist or certified dispenser may retain as
156.10 	a cancellation fee no more than $250 of the buyer's total
156.11 	purchase price of the hearing aid.
156.12 	(c) The audiologist or certified dispenser shall provide
156.13 	the buyer with a contract written in plain English, that
156.14 	contains uniform language and provisions that meet the
156.15 	requirements under the Plain Language Contract Act, sections
156.16 	325G.29 to 325G.36.  The contract must include, but is not
156.17 	limited to, the following:  in immediate proximity to the space
156.18 	reserved for the signature of the buyer, or on the first page if
156.19 	there is no space reserved for the signature of the buyer, a
156.20 	clear and conspicuous disclosure of the following specific
156.21 	statement in all capital letters of no less than 12-point
156.22 	boldface type:  "MINNESOTA STATE LAW GIVES THE BUYER THE RIGHT
156.23 	TO CANCEL THIS PURCHASE FOR ANY REASON AT ANY TIME PRIOR TO
156.24 	MIDNIGHT OF THE 45TH CALENDAR DAY AFTER RECEIPT OF THE HEARING
156.25 	AID(S).  THIS CANCELLATION MUST BE IN WRITING AND MUST BE GIVEN
156.26 	OR MAILED TO THE AUDIOLOGIST OR CERTIFIED DISPENSER.  IF THE
156.27 	BUYER DECIDES TO RETURN THE HEARING AID(S) WITHIN THIS
156.28 	45-CALENDAR-DAY PERIOD, THE BUYER WILL RECEIVE A REFUND OF THE
156.29 	TOTAL PURCHASE PRICE OF THE AID(S) FROM WHICH THE AUDIOLOGIST OR
156.30 	CERTIFIED DISPENSER MAY RETAIN AS A CANCELLATION FEE NO MORE
156.31 	THAN $250." 
156.32 		Subd. 2.Itemized repair bill. Any audiologist,
156.33 	certified dispenser, or company who agrees to repair a hearing
156.34 	aid must provide the owner of the hearing aid, or the owner's
156.35 	representative, with a bill that describes the repair and
156.36 	services rendered.  The bill must also include the repairing
157.1 	audiologist's, certified dispenser's, or company's name,
157.2 	address, and telephone number.
157.3 	This subdivision does not apply to an audiologist,
157.4 	certified dispenser, or company that repairs a hearing aid
157.5 	pursuant to an express warranty covering the entire hearing aid
157.6 	and the warranty covers the entire cost, both parts and labor,
157.7 	of the repair.
157.8 		Subd. 3.Repair warranty. Any guarantee of hearing aid
157.9 	repairs must be in writing and delivered to the owner of the
157.10 	hearing aid, or the owner's representative, stating the
157.11 	repairing audiologist's, certified dispenser's, or company's
157.12 	name, address, telephone number, length of guarantee, model, and
157.13 	serial number of the hearing aid and all other terms and
157.14 	conditions of the guarantee.
157.15 		Subd. 4.Misdemeanor. A person found to have violated
157.16 	this section is guilty of a misdemeanor.
157.17 		Subd. 5.Additional. In addition to the penalty provided
157.18 	in subdivision 4, a person found to have violated this section
157.19 	is subject to the penalties and remedies provided in section
157.20 	325F.69, subdivision 1.
157.21 		Subd. 6.Estimates. Upon the request of the owner of a
157.22 	hearing aid or the owner's representative for a written estimate
157.23 	and prior to the commencement of repairs, a repairing
157.24 	audiologist, certified dispenser, or company shall provide the
157.25 	customer with a written estimate of the price of repairs.  If a
157.26 	repairing audiologist, certified dispenser, or company provides
157.27 	a written estimate of the price of repairs, it must not charge
157.28 	more than the total price stated in the estimate for the
157.29 	repairs.  If the repairing audiologist, certified dispenser, or
157.30 	company after commencing repairs determines that additional work
157.31 	is necessary to accomplish repairs that are the subject of a
157.32 	written estimate and if the repairing audiologist, certified
157.33 	dispenser, or company did not unreasonably fail to disclose the
157.34 	possible need for the additional work when the estimate was
157.35 	made, the repairing audiologist, certified dispenser, or company
157.36 	may charge more than the estimate for the repairs if the
158.1 	repairing audiologist, certified dispenser, or company
158.2 	immediately provides the owner or owner's representative a
158.3 	revised written estimate pursuant to this section and receives
158.4 	authorization to continue with the repairs.  If continuation of
158.5 	the repairs is not authorized, the repairing audiologist,
158.6 	certified dispenser, or company shall return the hearing aid as
158.7 	close as possible to its former condition and shall release the
158.8 	hearing aid to the owner or owner's representative upon payment
158.9 	of charges for repairs actually performed and not in excess of
158.10 	the original estimate.

158.11 	Sec. 11. Minnesota Statutes 2004, section 153A.13,
158.12 	subdivision 5, is amended to read:
158.13 		Subd. 5.Dispenser of hearing instruments.  "Dispenser of
158.14 	hearing instruments" means a natural person who engages in
158.15 	hearing instrument dispensing whether or not certified by the
158.16 	commissioner of health or licensed by an existing health-related
158.17 	board, except that a person described as follows is not a
158.18 	dispenser of hearing instruments:
158.19 	(1) a student participating in supervised field work that
158.20 	is necessary to meet requirements of an accredited educational
158.21 	program if the student is designated by a title which clearly
158.22 	indicates the student's status as a student trainee; or
158.23 	(2) a person who helps a dispenser of hearing instruments
158.24 	in an administrative or clerical manner and does not engage in
158.25 	hearing instrument dispensing.
158.26 	A person who offers to dispense a hearing instrument, or a
158.27 	person who advertises, holds out to the public, or otherwise
158.28 	represents that the person is authorized to dispense hearing
158.29 	instruments must be certified by the commissioner except when
158.30 	the person is an audiologist as defined in section 148.512.

158.31 	Sec. 12. Minnesota Statutes 2004, section 153A.14,
158.32 	subdivision 2h, is amended to read:
158.33 		Subd. 2h.Certification by examination.  An applicant
158.34 	must achieve a passing score, as determined by the commissioner,
158.35 	on an examination according to paragraphs (a) to (c).
158.36 	(a) The examination must include, but is not limited to:
159.1 	(1) A written examination approved by the commissioner
159.2 	covering the following areas as they pertain to hearing
159.3 	instrument selling:
159.4 	(i) basic physics of sound;
159.5 	(ii) the anatomy and physiology of the ear;
159.6 	(iii) the function of hearing instruments; and 
159.7 	(iv) the principles of hearing instrument selection; and 
159.8 	(v) state and federal laws, rules, and regulations.
159.9 	(2) Practical tests of proficiency in the following
159.10 	techniques as they pertain to hearing instrument selling:
159.11 	(i) pure tone audiometry, including air conduction testing
159.12 	and bone conduction testing;
159.13 	(ii) live voice or recorded voice speech audiometry
159.14 	including speech recognition (discrimination) testing, most
159.15 	comfortable loudness level, and uncomfortable loudness
159.16 	measurements of tolerance thresholds;
159.17 	(iii) masking when indicated;
159.18 	(iv) recording and evaluation of audiograms and speech
159.19 	audiometry to determine proper selection and fitting of a
159.20 	hearing instrument;
159.21 	(v) taking ear mold impressions; and 
159.22 	(vi) using an otoscope for the visual observation of the
159.23 	entire ear canal; and 
159.24 	(vii) state and federal laws, rules, and regulations.
159.25 	(b) The examination shall be administered by the
159.26 	commissioner at least twice a year.
159.27 	(c) An applicant must achieve a passing score on all
159.28 	portions of the examination within a two-year period.  An
159.29 	applicant who does not achieve a passing score on all portions
159.30 	of the examination within a two-year period must retake the
159.31 	entire examination and achieve a passing score on each portion
159.32 	of the examination.  An applicant who does not apply for
159.33 	certification within one year of successful completion of the
159.34 	examination must retake the examination and achieve a passing
159.35 	score on each portion of the examination.  An applicant may not
159.36 	take any part of the examination more than three times in a
160.1 	two-year period.

160.2 	Sec. 13. Minnesota Statutes 2004, section 153A.14,
160.3 	subdivision 2i, is amended to read:
160.4 		Subd. 2i.Continuing education requirement.  On forms
160.5 	provided by the commissioner, each certified dispenser must
160.6 	submit with the application for renewal of certification
160.7 	evidence of completion of ten course hours of continuing
160.8 	education earned within the 12-month period of July 1 to June 30
160.9 	immediately preceding renewal.  Continuing education courses
160.10 	must be directly related to hearing instrument dispensing and
160.11 	approved by the International Hearing Society or qualify for
160.12 	continuing education approved for Minnesota licensed
160.13 	audiologists.  Evidence of completion of the ten course hours of
160.14 	continuing education must be submitted with renewal applications
160.15 	by October 1 of each year.  This requirement does not apply to
160.16 	dispensers certified for less than one year.  The first report
160.17 	of evidence of completion of the continuing education credits
160.18 	shall be due October 1, 1997.

160.19 	Sec. 14. Minnesota Statutes 2004, section 153A.14,
160.20 	subdivision 4, is amended to read:
160.21 		Subd. 4.Dispensing of hearing instruments without
160.22 	certificate.  Except as provided in subdivisions 4a and 4c, and
160.23 	in sections 148.512 to 148.5198,it is unlawful for any person
160.24 	not holding a valid certificate to dispense a hearing instrument
160.25 	as defined in section 153A.13, subdivision 3.  A person who
160.26 	dispenses a hearing instrument without the certificate required
160.27 	by this section is guilty of a gross misdemeanor.

160.28 	Sec. 15. Minnesota Statutes 2004, section 153A.14,
160.29 	subdivision 4c, is amended to read:
160.30 		Subd. 4c.Reciprocity.  (a) A person applying for
160.31 	certification as a hearing instrument dispenser under
160.32 	subdivision 1 who has dispensed hearing instruments in another
160.33 	jurisdiction may dispense hearing instruments as a trainee under
160.34 	indirect supervision if the person:
160.35 	(1) satisfies the provisions of subdivision 4a, paragraph
160.36 	(a);
161.1 	(2) submits a signed and dated affidavit stating that the
161.2 	applicant is not the subject of a disciplinary action or past
161.3 	disciplinary action in this or another jurisdiction and is not
161.4 	disqualified on the basis of section 153A.15, subdivision 1; and
161.5 	(3) provides a copy of a current credential as a hearing
161.6 	instrument dispenser, an audiologist, or both,held in the
161.7 	District of Columbia or a state or territory of the United
161.8 	States.
161.9 	(b) A person becoming a trainee under this subdivision who
161.10 	fails to take and pass the practical examination described in
161.11 	subdivision 2h, paragraph (a), clause (2), when next offered
161.12 	must cease dispensing hearing instruments unless under direct
161.13 	supervision.

161.14 	Sec. 16. Minnesota Statutes 2004, section 153A.14,
161.15 	subdivision 9, is amended to read:
161.16 		Subd. 9.Consumer rights information.  A hearing
161.17 	instrument dispenser shall, at the time of the recommendation or
161.18 	prescription, give a consumer rights brochure, prepared by the
161.19 	commissioner and containing information about legal requirements
161.20 	pertaining to sales of hearing instruments, to each potential
161.21 	buyer of a hearing instrument.  A sales contract for a hearing
161.22 	instrument must note the receipt of the brochure by the buyer,
161.23 	along with the buyer's signature or initials comply with the
161.24 	requirements of sections 148.5195, subdivision 3, clause (20);
161.25 	148.5197; and 148.5198.

161.26 	Sec. 17. Minnesota Statutes 2004, section 153A.15,
161.27 	subdivision 1, is amended to read:
161.28 		Subdivision 1.Prohibited acts.  The commissioner may
161.29 	take enforcement action as provided under subdivision 2 against
161.30 	a dispenser of hearing instruments for the following acts and
161.31 	conduct:
161.32 	(1) prescribing or otherwise recommending to a consumer or
161.33 	potential consumer the use of a hearing instrument, unless the
161.34 	prescription from a physician or recommendation from a hearing
161.35 	instrument dispenser or audiologist is in writing, is based on
161.36 	an audiogram that is delivered to the consumer or potential
162.1 	consumer when the prescription or recommendation is made, and
162.2 	bears the following information in all capital letters of
162.3 	12-point or larger boldface type:  "THIS PRESCRIPTION OR
162.4 	RECOMMENDATION MAY BE FILLED BY, AND HEARING INSTRUMENTS MAY BE
162.5 	PURCHASED FROM, THE CERTIFIED DISPENSER OF YOUR CHOICE";
162.6 	(2) failing to give a copy of the audiogram, upon which the
162.7 	prescription or recommendation is based, to the consumer when
162.8 	there has been a charge for the audiogram and the consumer
162.9 	requests a copy;
162.10 	(3) dispensing a hearing instrument to a minor person 18
162.11 	years or younger unless evaluated by an audiologist for hearing
162.12 	evaluation and hearing aid evaluation;
162.13 	(4) failing to provide the consumer rights brochure
162.14 	required by section 153A.14, subdivision 9;
162.15 	(5) (2) being disciplined through a revocation, suspension,
162.16 	restriction, or limitation by another state for conduct subject
162.17 	to action under this chapter;
162.18 	(6) (3) presenting advertising that is false or misleading;
162.19 	(7) (4) providing the commissioner with false or misleading
162.20 	statements of credentials, training, or experience;
162.21 	(8) (5) engaging in conduct likely to deceive, defraud, or
162.22 	harm the public; or demonstrating a willful or careless
162.23 	disregard for the health, welfare, or safety of a consumer;
162.24 	(9) (6) splitting fees or promising to pay a portion of a
162.25 	fee to any other professional other than a fee for services
162.26 	rendered by the other professional to the client;
162.27 	(10) (7) engaging in abusive or fraudulent billing
162.28 	practices, including violations of federal Medicare and Medicaid
162.29 	laws, Food and Drug Administration regulations, or state medical
162.30 	assistance laws;
162.31 	(11) (8) obtaining money, property, or services from a
162.32 	consumer through the use of undue influence, high pressure sales
162.33 	tactics, harassment, duress, deception, or fraud;
162.34 	(12) failing to comply with restrictions on sales of
162.35 	hearing aids in sections 153A.14, subdivision 9, and 153A.19;
162.36 	(13) (9) performing the services of a certified hearing
163.1 	instrument dispenser in an incompetent or negligent manner;
163.2 	(14) (10) failing to comply with the requirements of this
163.3 	chapter as an employer, supervisor, or trainee;
163.4 	(15) (11) failing to provide information in a timely manner
163.5 	in response to a request by the commissioner, commissioner's
163.6 	designee, or the advisory council;
163.7 	(16) (12) being convicted within the past five years of
163.8 	violating any laws of the United States, or any state or
163.9 	territory of the United States, and the violation is a felony,
163.10 	gross misdemeanor, or misdemeanor, an essential element of which
163.11 	relates to hearing instrument dispensing, except as provided in
163.12 	chapter 364;
163.13 	(17) (13) failing to cooperate with the commissioner, the
163.14 	commissioner's designee, or the advisory council in any
163.15 	investigation;
163.16 	(18) (14) failing to perform hearing instrument dispensing
163.17 	with reasonable judgment, skill, or safety due to the use of
163.18 	alcohol or drugs, or other physical or mental impairment;
163.19 	(19) (15) failing to fully disclose actions taken against
163.20 	the applicant or the applicant's legal authorization to dispense
163.21 	hearing instruments in this or another state;
163.22 	(20) (16) violating a state or federal court order or
163.23 	judgment, including a conciliation court judgment, relating to
163.24 	the activities of the applicant in hearing instrument
163.25 	dispensing;
163.26 	(21) (17) having been or being disciplined by the
163.27 	commissioner of the Department of Health, or other authority, in
163.28 	this or another jurisdiction, if any of the grounds for the
163.29 	discipline are the same or substantially equivalent to those in
163.30 	sections 153A.13 to 153A.19;
163.31 	(22) (18) misrepresenting the purpose of hearing tests, or
163.32 	in any way communicating that the hearing test or hearing test
163.33 	protocol required by section 153A.14, subdivision 4b, is a
163.34 	medical evaluation, a diagnostic hearing evaluation conducted by
163.35 	an audiologist, or is other than a test to select a hearing
163.36 	instrument, except that the hearing instrument dispenser can
164.1 	determine the need for or recommend the consumer obtain a
164.2 	medical evaluation consistent with requirements of the United
164.3 	States Food and Drug Administration;
164.4 	(23) (19) violating any of the provisions of sections
164.5 	148.5195, subdivision 3, clause (20); 148.5197; 148.5198; and 
164.6 	153A.13 to 153A.19 153A.18; and
164.7 	(24) (20) aiding or abetting another person in violating
164.8 	any of the provisions of sections 148.5195, subdivision 3,
164.9 	clause (20); 148.5197; 148.5198; and 153A.13 to 153A.19 153A.18.

164.10 	Sec. 18. Minnesota Statutes 2004, section 153A.20,
164.11 	subdivision 1, is amended to read:
164.12 		Subdivision 1.Membership.  The commissioner shall
164.13 	appoint nine seven persons to a Hearing Instrument Dispenser
164.14 	Advisory Council.
164.15 	(a) The nine seven persons must include:
164.16 	(1) three public members, as defined in section 214.02.  At
164.17 	least one of the public members shall be a hearing instrument
164.18 	user and one of the public members shall be either a hearing
164.19 	instrument user or an advocate of one; and
164.20 	(2) three hearing instrument dispensers certified under
164.21 	sections 153A.14 to 153A.20, each of whom is currently, and has
164.22 	been for the five years immediately preceding their appointment,
164.23 	engaged in hearing instrument dispensing in Minnesota and who
164.24 	represent the occupation of hearing instrument dispensing and
164.25 	who are not audiologists; and
164.26 	(3) three audiologists who are certified hearing instrument
164.27 	dispensers or are one audiologist licensed as audiologists an
164.28 	audiologist under chapter 148 who dispenses hearing instruments,
164.29 	recommended by a professional association representing
164.30 	audiologists and speech-language pathologists.
164.31 	(b) The factors the commissioner may consider when
164.32 	appointing advisory council members include, but are not limited
164.33 	to, professional affiliation, geographical location, and type of
164.34 	practice.
164.35 	(c) No two members of the advisory council shall be
164.36 	employees of, or have binding contracts requiring sales
165.1 	exclusively for, the same hearing instrument manufacturer or the
165.2 	same employer.

165.3 	Sec. 19. REVISOR'S INSTRUCTION.
 165.4 	The revisor of statutes shall change references from
165.5 	"sections 148.511 to 148.5196" to "sections 148.511 to 148.5198"
165.6 	wherever they appear in Minnesota Statutes and Minnesota Rules,
165.7 	and change "153A.19" to "148.5197" in Minnesota Statutes,
165.8 	section 325G.203.

165.9 	Sec. 20. REPEALER.
 165.10 	Minnesota Statutes 2004, sections 153A.14, subdivisions 2a,
165.11 	8, and 10; and 153A.19, are repealed.

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

165.14 	ARTICLE 8
165.15 	OFFICE OF MENTAL HEALTH PRACTICES COMMITTEE

165.16 	Section 1. Minnesota Statutes 2004, section 148B.60, is
165.17 	amended to read:
165.18 	148B.60 DEFINITIONS.
165.19 		Subdivision 1.Terms. As used in sections 148B.60 to
165.20 	148B.71, the following terms have the meanings given them in
165.21 	this section.
165.22 		Subd. 2.Office of mental health practice or office.
 165.23 	"Office of Mental Health Practice" or "office" means the Office
165.24 	of Mental Health Practice established authorized in section
165.25 	148B.61.
165.26 		Subd. 3.Unlicensed mental health practitioner or
165.27 	practitioner. "Unlicensed mental health practitioner" or
165.28 	"practitioner" means a person who provides or purports to
165.29 	provide, for remuneration, mental health services as defined in
165.30 	subdivision 4.  It does not include persons licensed by the
165.31 	Board of Medical Practice under chapter 147 or registered by the
165.32 	Board of Medical Practice under chapter 147A; the Board of
165.33 	Nursing under sections 148.171 to 148.285; the Board of
165.34 	Psychology under sections 148.88 to 148.98; the Board of Social
165.35 	Work under sections 148B.18 to 148B.289; the Board of Marriage
165.36 	and Family Therapy under sections 148B.29 to 148B.39; the Board
166.1 	of Behavioral Health and Therapy under sections 148B.50 to
166.2 	148B.593 and chapter 148C; or another licensing board if the
166.3 	person is practicing within the scope of the license; members of
166.4 	the clergy who are providing pastoral services in the context of
166.5 	performing and fulfilling the salaried duties and obligations
166.6 	required of a member of the clergy by a religious congregation;
166.7 	American Indian medicine men and women; licensed attorneys;
166.8 	probation officers; school counselors employed by a school
166.9 	district while acting within the scope of employment as school
166.10 	counselors; registered licensed occupational therapists;
166.11 	or licensed occupational therapy assistants.  For the purposes
166.12 	of complaint investigation or disciplinary action relating to an
166.13 	individual practitioner, the term includes:
166.14 	(1) persons employed by a program licensed by the
166.15 	commissioner of human services who are acting as mental health
166.16 	practitioners within the scope of their employment;
166.17 	(2) persons employed by a program licensed by the
166.18 	commissioner of human services who are providing chemical
166.19 	dependency counseling services; persons who are providing
166.20 	chemical dependency counseling services in private practice; and
166.21 	(3) clergy who are providing mental health services that
166.22 	are equivalent to those defined in subdivision 4.
166.23 		Subd. 4.Mental health services. "Mental health
166.24 	services" means psychotherapy, behavioral health care, spiritual
166.25 	counseling, hypnosis when not for entertainment,and the
166.26 	professional assessment, treatment, or counseling of another
166.27 	person for a cognitive, behavioral, emotional, social, or mental
166.28 	condition, symptom, or dysfunction, including intrapersonal or
166.29 	interpersonal dysfunctions.  The term does not include pastoral
166.30 	services provided by members of the clergy to members of a
166.31 	religious congregation in the context of performing and
166.32 	fulfilling the salaried duties and obligations required of a
166.33 	member of the clergy by that religious congregation or services
166.34 	provided by Christian Scientist practitioners.
166.35 		Subd. 5.Mental health client or client. "Mental health
166.36 	client" or "client" means a person who receives or pays for the
167.1 	services of a mental health practitioner.
167.2 		Subd. 5a.Mental-health-related licensing
167.3 	boards. "Mental-health-related licensing boards" means the
167.4 	Boards of Medical Practice, Nursing, Psychology, Social Work,
167.5 	Marriage and Family Therapy, and Behavioral Health and Therapy.
167.6 		Subd. 7.Commissioner. "Commissioner" means the
167.7 	commissioner of health or the commissioner's designee.
167.8 		Subd. 7a.Committee. "Committee" means the Office of
167.9 	Mental Health Practices Committee, consisting of one person
167.10 	appointed by each of the following licensing boards:  the Board
167.11 	of Medical Practice; the Board of Nursing; the Board of
167.12 	Psychology; the Board of Social Work; the Board of Marriage and
167.13 	Family Therapy; and the Board of Behavioral Health and Therapy.
167.14 		Subd. 8.Disciplinary action. "Disciplinary action"
167.15 	means an adverse action taken by the commissioner against an
167.16 	unlicensed mental health practitioner relating to the person's
167.17 	right to provide mental health services.

167.18 	Sec. 2. Minnesota Statutes 2004, section 148B.61, is
167.19 	amended to read:
167.20 	148B.61 OFFICE OF MENTAL HEALTH PRACTICE.
167.21 		Subdivision 1.creation authority. (a) The Office of
167.22 	Mental Health Practice is created in the Department of Health 
167.23 	transferred to the mental-health-related licensing boards.  The
167.24 	mental-health-related licensing boards shall convene an Office
167.25 	of Mental Health Practices Committee to investigate complaints
167.26 	and take and enforce disciplinary actions against all unlicensed
167.27 	mental health practitioners for violations of prohibited
167.28 	conduct, as defined in section 148B.68.
167.29 	(b) The office committee shall publish a complaint
167.30 	telephone number, provide an informational Web site, and also
167.31 	serve as a referral point and clearinghouse on complaints
167.32 	against mental health services and both licensed and unlicensed
167.33 	mental health professionals, through the dissemination
167.34 	of practitioners.  The committee shall disseminate objective
167.35 	information to consumers and through the development and
167.36 	performance of public education activities, including outreach,
168.1 	regarding the provision of mental health services and both
168.2 	licensed and unlicensed mental health professionals who provide
168.3 	these services.
168.4 		Subd. 2.Rulemaking. The commissioner of health shall
168.5 	adopt rules necessary to implement, administer, or enforce
168.6 	provisions of sections 148B.60 to 148B.71 pursuant to chapter
168.7 	14.  The commissioner may not adopt rules that restrict or
168.8 	prohibit persons from providing mental health services on the
168.9 	basis of education, training, experience, or supervision.
168.10 		Subd. 4.Management, report, and sunset of the
168.11 	office. (a) The committee shall:
168.12 	(1) designate one board to provide administrative
168.13 	management of the committee;
168.14 	(2) set the program budget; and 
168.15 	(3) ensure that the committee's direction is in accord with
168.16 	its authority.
168.17 	(b) If the participating boards change which board is
168.18 	designated to provide administrative management of the
168.19 	committee, any appropriation remaining for the committee shall
168.20 	transfer to the newly designated board on the effective date of
168.21 	the change.  The participating boards must inform the
168.22 	appropriate legislative committees and the commissioner of
168.23 	finance of any change in the designated board and the amount of
168.24 	any appropriation transferred under this provision.
168.25 	(c) The designated board shall hire the office employees
168.26 	and pay expenses of the committee from funds appropriated for
168.27 	that purpose.
168.28 	(d) After July 1, 2008, the committee shall prepare and
168.29 	submit a report to the legislature by January 15, 2009,
168.30 	evaluating the activity of the office and making recommendations
168.31 	concerning the regulation of unlicensed mental health
168.32 	practitioners.  In the absence of legislative action to continue
168.33 	the committee, the committee expires on June 30, 2009.

168.34 	Sec. 3. Laws 2003, chapter 118, section 29, as amended by
168.35 	Laws 2004, chapter 279, article 5, section 10, is amended to
168.36 	read:
169.1 	Sec. 29REPEALER.
 169.2 	(a) Minnesota Statutes 2002, sections 148B.60; 148B.61;
169.3 	148B.63; 148B.64; 148B.65; 148B.66; 148B.67; 148B.68; 148B.69;
169.4 	148B.70; and 148B.71, are repealed.

169.5 	EFFECTIVE DATE. This paragraph is effective July 1,
169.6 	2005 2009.
169.7 	(b) Minnesota Statutes 2002, section 148C.01, subdivision
169.8 	6, is repealed.

169.9 	EFFECTIVE DATE. This paragraph is effective July 1, 2005.

169.10 	Sec. 4. REVISOR INSTRUCTION.
 169.11 	The revisor of statutes shall insert "committee" or
169.12 	"committee's" wherever "commissioner of health" or
169.13 	"commissioner's" appears in Minnesota Statutes, sections 148B.60
169.14 	to 148B.71.

169.15 	Sec. 5. EFFECTIVE DATE.
 169.16 	This article is effective July 1, 2005.

169.17 	ARTICLE 9
169.18 	MISCELLANEOUS

169.19 	Section 1. Minnesota Statutes 2004, section 148.5194, is
169.20 	amended by adding a subdivision to read:
169.21 		Subd. 7.Penalty fees. (a) The penalty fee for
169.22 	practicing speech language pathology or audiology without a
169.23 	current license after the credential has expired and before it
169.24 	is renewed is the amount of the license renewal fee for any part
169.25 	of the first month, plus the license renewal fee for any part of
169.26 	any subsequent month up to 36 months.
169.27 	(b) The penalty fee for applicants who engage in the
169.28 	unauthorized practice of speech language pathology or audiology
169.29 	before being issued a license is the amount of the license
169.30 	application fee for any part of the first month, plus the
169.31 	license application fee for any part of any subsequent month up
169.32 	to 36 months.  This paragraph does not apply to applicants not
169.33 	qualifying for a license who engage in the unauthorized practice
169.34 	of speech language pathology or audiology.
169.35 	(c) The penalty fee for failing to submit a continuing
169.36 	education report by the due date with the correct number or type
170.1 	of hours in the correct time period is $100 plus $20 for each
170.2 	missing clock hour.  The licensee must obtain the missing number
170.3 	of continuing education hours by the next reporting due date.
170.4 	(d) Civil penalties and discipline incurred by licensees
170.5 	prior to August 1, 2005, for conduct described in paragraph (a),
170.6 	(b), or (c) shall be recorded as nondisciplinary penalty fees.
170.7 	For conduct described in paragraph (a) or (b) occurring after
170.8 	August 1, 2005, and exceeding six months, payment of a penalty
170.9 	fee does not preclude any disciplinary action reasonably
170.10 	justified by the individual case.

170.11 	Sec. 2. Minnesota Statutes 2004, section 148.6445, is
170.12 	amended by adding a subdivision to read:
170.13 		Subd. 11.Penalty fees. (a) The penalty fee for
170.14 	practicing occupational therapy without a current license after
170.15 	the credential has expired and before it is renewed is the
170.16 	amount of the license renewal fee for any part of the first
170.17 	month, plus the license renewal fee for any part of any
170.18 	subsequent month up to 36 months.
170.19 	(b) The penalty fee for applicants who engage in the
170.20 	unauthorized practice of occupational therapy before being
170.21 	issued a license is the amount of the license application fee
170.22 	for any part of the first month, plus the license application
170.23 	fee for any part of any subsequent month up to 36 months.  This
170.24 	paragraph does not apply to applicants not qualifying for a
170.25 	license who engage in the unauthorized practice of occupational
170.26 	therapy.
170.27 	(c) The penalty fee for failing to submit a continuing
170.28 	education report by the due date with the correct number or type
170.29 	of hours in the correct time period is $100 plus $20 for each
170.30 	missing clock hour.  The licensee must obtain the missing number
170.31 	of continuing education hours by the next reporting due date.
170.32 	(d) Civil penalties and discipline incurred by licensees
170.33 	prior to August 1, 2005, for conduct described in paragraph (a),
170.34 	(b), or (c) shall be recorded as nondisciplinary penalty fees.
170.35 	For conduct described in paragraph (a) or (b) occurring after
170.36 	August 1, 2005, and exceeding six months, payment of a penalty
171.1 	fee does not preclude any disciplinary action reasonably
171.2 	justified by the individual case.

171.3 	Sec. 3. Minnesota Statutes 2004, section 148C.12, is
171.4 	amended by adding a subdivision to read:
171.5 		Subd. 11.Penalty fees. (a) The penalty fee for
171.6 	practicing alcohol and drug counseling without a current license
171.7 	after the credential has expired and before it is renewed is the
171.8 	amount of the license renewal fee for any part of the first
171.9 	month, plus the license renewal fee for any part of any
171.10 	subsequent month up to 36 months.
171.11 	(b) The penalty fee for applicants who engage in the
171.12 	unauthorized practice of alcohol and drug counseling before
171.13 	being issued a license is the amount of the license application
171.14 	fee for any part of the first month, plus the license
171.15 	application fee for any part of any subsequent month up to 36
171.16 	months.  This paragraph does not apply to applicants not
171.17 	qualifying for a license who engage in the unauthorized practice
171.18 	of alcohol and drug counseling.
171.19 	(c) The penalty fee for failing to submit a continuing
171.20 	education report by the due date with the correct number or type
171.21 	of hours in the correct time period is $100 plus $20 for each
171.22 	missing clock hour.  The licensee must obtain the correct number
171.23 	of continuing education hours by the next reporting due date.
171.24 	(d) Civil penalties and discipline incurred by licensees
171.25 	prior to August 1, 2005, for conduct described in paragraph (a),
171.26 	(b), or (c) shall be recorded as nondisciplinary penalty fees.
171.27 	For conduct described in paragraph (a) or (b) occurring after
171.28 	August 1, 2005, and exceeding 12 months, payment of a penalty
171.29 	fee does not preclude any disciplinary action reasonably
171.30 	justified by the individual case.

171.31 	Sec. 4. [153A.175] PENALTY FEES.
171.32 	(a) The penalty fee for holding oneself out as a hearing
171.33 	instrument dispenser without a current certificate after the
171.34 	credential has expired and before it is renewed is one-half the
171.35 	amount of the certificate renewal fee for any part of the first
171.36 	day, plus one-half the certificate renewal fee for any part of
172.1 	any subsequent days up to 30 days.
172.2 	(b) The penalty fee for applicants who hold themselves out
172.3 	as hearing instrument dispensers after expiration of the trainee
172.4 	period and before being issued a certificate is one-half the
172.5 	amount of the certificate application fee for any part of the
172.6 	first day, plus one-half the certificate application fee for any
172.7 	part of any subsequent days up to 30 days.  This paragraph does
172.8 	not apply to applicants not qualifying for a certificate who
172.9 	hold themselves out as hearing instrument dispensers.
172.10 	(c) The penalty fee for failing to submit a continuing
172.11 	education report by the due date with the correct number or type
172.12 	of hours in the correct time period is $200 plus $200 for each
172.13 	missing clock hour.  The certificate holder must obtain the
172.14 	missing number of continuing education hours by the next
172.15 	reporting due date.
172.16 	(d) Civil penalties and discipline incurred by certificate
172.17 	holders prior to August 1, 2005, for conduct described in
172.18 	paragraph (a), (b), or (c) shall be recorded as nondisciplinary
172.19 	penalty fees.  Payment of a penalty fee does not preclude any
172.20 	disciplinary action reasonably justified by the individual case.

172.21 	Sec. 5. Minnesota Statutes 2004, section 214.06,
172.22 	subdivision 1, is amended to read:
172.23 		Subdivision 1.Fee adjustment.  Notwithstanding any law
172.24 	to the contrary, the commissioner of health as authorized by
172.25 	section 214.13, all health-related licensing boards and all
172.26 	non-health-related licensing boards shall by rule, with the
172.27 	approval of the commissioner of finance, adjust, as needed, any
172.28 	fee which the commissioner of health or the board is empowered
172.29 	to assess.  As provided in section 16A.1285, the adjustment
172.30 	shall be an amount sufficient so that the total fees collected
172.31 	by each board will as closely as possible equal be based on 
172.32 	anticipated expenditures during the fiscal biennium, including
172.33 	expenditures for the programs authorized by sections 214.17 to
172.34 	214.25 and 214.31 to 214.37214.10, 214.103, 214.11, 214.17 to
172.35 	214.24, 214.28 to 214.37, and 214.40, except that a
172.36 	health-related licensing board may have anticipated expenditures
173.1 	in excess of anticipated revenues in a biennium by using
173.2 	accumulated surplus revenues from fees collected by that board
173.3 	in previous bienniums.  A health-related licensing board shall
173.4 	not spend more money than the amount appropriated by the
173.5 	legislature for a biennium.  For members of an occupation
173.6 	registered after July 1, 1984, by the commissioner of health
173.7 	under the provisions of section 214.13, the fee established must
173.8 	include an amount necessary to recover, over a five-year period,
173.9 	the commissioner's direct expenditures for adoption of the rules
173.10 	providing for registration of members of the occupation.  All
173.11 	fees received shall be deposited in the state treasury. Fees
173.12 	received by the commissioner of health or health-related
173.13 	licensing boards must be credited to the health occupations
173.14 	licensing account in the state government special revenue fund.

173.15 	Sec. 6. Minnesota Statutes 2004, section 214.06, is
173.16 	amended by adding a subdivision to read:
173.17 		Subd. 1a.Health occupations licensing account. Fees
173.18 	received by the commissioner of health or health-related
173.19 	licensing boards must be credited to the health occupations
173.20 	licensing account in the state government special revenue fund.
173.21 	The commissioner of finance shall ensure that the revenues and
173.22 	expenditures of each health-related licensing board are tracked
173.23 	separately in the health occupations licensing account.

173.24 	Sec. 7. APPROPRIATION.
 173.25 	$50,000 is appropriated for fiscal year 2006 from the state
173.26 	government special revenue fund to the administrative services
173.27 	unit of the Board of Nursing Home Administrators to pay for
173.28 	medical professional liability insurance coverage under
173.29 	Minnesota Statutes, section 214.40, subdivision 7.  The Board of
173.30 	Medical Practice, the Board of Nursing, and the Board of
173.31 	Dentistry shall be assessed an apportioned amount that is equal
173.32 	to the amount expended on coverage purchased for the providers
173.33 	regulated by the respective board.  This appropriation is
173.34 	available until expended.

173.35 	ARTICLE 10
173.36 	EMERGENCY MEDICAL SERVICES REGULATORY BOARD

174.1 	Section 1. Minnesota Statutes 2004, section 144E.001,
174.2 	subdivision 8, is amended to read:
174.3 		Subd. 8.Licensee.  "Licensee" means a natural person,
174.4 	partnership, association, corporation, Indian tribe,or unit of
174.5 	government which possesses an ambulance service license.

174.6 	Sec. 2. Minnesota Statutes 2004, section 144E.001, is
174.7 	amended by adding a subdivision to read:
174.8 		Subd. 14a.Tribe. "Tribe" means a federally recognized
174.9 	Indian tribe, as defined in United States Code, title 25,
174.10 	section 450b, paragraph (e), located within the state of
174.11 	Minnesota.

174.12 	Sec. 3. Minnesota Statutes 2004, section 144E.001,
174.13 	subdivision 15, is amended to read:
174.14 		Subd. 15.Volunteer ambulance attendant.  "Volunteer
174.15 	ambulance attendant" means a person who provides emergency
174.16 	medical services for a Minnesota licensed ambulance service
174.17 	without the expectation of remuneration and who does not depend
174.18 	in any way upon the provision of these services for the person's
174.19 	livelihood.  An individual may be considered a volunteer
174.20 	ambulance attendant even though the individual receives an
174.21 	hourly stipend for each hour of actual service provided, except
174.22 	for hours on standby alert, or other nominal fee, and even
174.23 	though the hourly stipend or other nominal fee is regarded as
174.24 	taxable income for purposes of state or federal law, provided
174.25 	that the hourly stipend and other nominal fees do not exceed
174.26 	$3,000 within one year of the final certification
174.27 	examination $6,000 annually.

174.28 	Sec. 4. [144E.266] EMERGENCY SUSPENSION OF AMBULANCE
174.29 	SERVICE REQUIREMENT.
174.30 	(a) The requirements of sections 144E.10; 144E.101,
174.31 	subdivisions 1, 2, 3, 6, 7, 8, 9, 10, 11, and 13; 144E.103;
174.32 	144E.12; 144E.121; 144E.123; 144E.127; and 144E.15, are
174.33 	suspended:
174.34 	(1) throughout the state during a national security
174.35 	emergency declared under section 12.31;
174.36 	(2) in the geographic areas of the state affected during a
175.1 	peacetime emergency declared under section 12.31; and 
175.2 	(3) in the geographic areas of the state affected during a
175.3 	local emergency declared under section 12.29.
175.4 	(b) For purposes of this section, the geographic areas of
175.5 	the state affected shall include geographic areas where one or
175.6 	more ambulance services are providing requested mutual aid to
175.7 	the site of the emergency.

175.8 	Sec. 5. Minnesota Statutes 2004, section 144E.27,
175.9 	subdivision 2, is amended to read:
175.10 		Subd. 2.Registration.  To be eligible for registration
175.11 	with the board as a first responder, an individual
175.12 	shall complete a board-approved application form and:
175.13 	(1) successfully complete a board-approved initial first
175.14 	responder training program.  Registration under this clause is
175.15 	valid for two years and expires at the end of the month in which
175.16 	the registration was issued; or
175.17 	(2) be credentialed as a first responder by the National
175.18 	Registry of Emergency Medical Technicians.  Registration under
175.19 	this clause expires the same day as the National Registry
175.20 	credential.

175.21 	Sec. 6. Minnesota Statutes 2004, section 144E.28,
175.22 	subdivision 1, is amended to read:
175.23 		Subdivision 1.Requirements.  To be eligible for
175.24 	certification by the board as an EMT, EMT-I, or EMT-P, an
175.25 	individual shall:
175.26 	(1) successfully complete the United States Department of
175.27 	Transportation course, or its equivalent as approved by the
175.28 	board, specific to the EMT, EMT-I, or EMT-P classification; and 
175.29 	(2) pass the written and practical examinations approved by
175.30 	the board and administered by the board or its designee,
175.31 	specific to the EMT, EMT-I, or EMT-P classification; and 
175.32 	(3) complete a board-approved application form.

175.33 	Sec. 7. Minnesota Statutes 2004, section 144E.28,
175.34 	subdivision 3, is amended to read:
175.35 		Subd. 3.Reciprocity.  The board may certify an
175.36 	individual who possesses a current National Registry of
176.1 	Emergency Medical Technicians registration from another
176.2 	jurisdiction if the individual submits a board-approved
176.3 	application form.  The board certification classification shall
176.4 	be the same as the National Registry's classification.
176.5 	Certification shall be for the duration of the applicant's
176.6 	registration period in another jurisdiction, not to exceed two
176.7 	years.

176.8 	Sec. 8. Minnesota Statutes 2004, section 144E.28,
176.9 	subdivision 7, is amended to read:
176.10 		Subd. 7.Renewal.  (a) Before the expiration date of
176.11 	certification, an applicant for renewal of certification as an
176.12 	EMT shall:
176.13 	(1) successfully complete a course in cardiopulmonary
176.14 	resuscitation that is approved by the board or the licensee's
176.15 	medical director; and 
176.16 	(2) take the United States Department of Transportation EMT
176.17 	refresher course and successfully pass the practical skills test
176.18 	portion of the course, or successfully complete 48 hours of
176.19 	continuing education in EMT programs that are consistent with
176.20 	the United States Department of Transportation National Standard
176.21 	Curriculum or its equivalent as approved by the board or as
176.22 	approved by the licensee's medical director and pass a practical
176.23 	skills test approved by the board and administered by a training
176.24 	program approved by the board.  The cardiopulmonary
176.25 	resuscitation course and practical skills test may be included
176.26 	as part of the refresher course or continuing education renewal
176.27 	requirements.  Twenty-four of the 48 hours must include at least
176.28 	four hours of instruction in each of the following six
176.29 	categories:
176.30 	(i) airway management and resuscitation procedures;
176.31 	(ii) circulation, bleeding control, and shock;
176.32 	(iii) human anatomy and physiology, patient assessment, and
176.33 	medical emergencies;
176.34 	(iv) injuries involving musculoskeletal, nervous,
176.35 	digestive, and genito-urinary systems;
176.36 	(v) environmental emergencies and rescue techniques; and
177.1 	(vi) emergency childbirth and other special situations; and 
177.2 	(3) complete a board-approved application form.
177.3 	(b) Before the expiration date of certification, an
177.4 	applicant for renewal of certification as an EMT-I or EMT-P
177.5 	shall:
177.6 	(1) for an EMT-I, successfully complete a course in
177.7 	cardiopulmonary resuscitation that is approved by the board or
177.8 	the licensee's medical director and for an EMT-P, successfully
177.9 	complete a course in advanced cardiac life support that is
177.10 	approved by the board or the licensee's medical director; and 
177.11 	(2) successfully complete 48 hours of continuing education
177.12 	in emergency medical training programs, appropriate to the level
177.13 	of the applicant's EMT-I or EMT-P certification, that are
177.14 	consistent with the United States Department of Transportation
177.15 	National Standard Curriculum or its equivalent as approved by
177.16 	the board or as approved by the licensee's medical director.  An
177.17 	applicant may take the United States Department of
177.18 	Transportation Emergency Medical Technician refresher course or
177.19 	its equivalent without the written or practical test as approved
177.20 	by the board, and as appropriate to the applicant's level of
177.21 	certification, as part of the 48 hours of continuing education.
177.22 	Each hour of the refresher course, the cardiopulmonary
177.23 	resuscitation course, and the advanced cardiac life support
177.24 	course counts toward the 48-hour continuing education
177.25 	requirement; and 
177.26 	(3) complete a board-approved application form.
177.27 	(c) Certification shall be renewed every two years.
177.28 	(d) If the applicant does not meet the renewal requirements
177.29 	under this subdivision, the applicant's certification expires.

177.30 	Sec. 9. Minnesota Statutes 2004, section 144E.28,
177.31 	subdivision 8, is amended to read:
177.32 		Subd. 8.Reinstatement.  (a) Within four years of a
177.33 	certification expiration date, a person whose certification has
177.34 	expired under subdivision 7, paragraph (d), may have the
177.35 	certification reinstated upon submission of:
177.36 	(1) evidence to the board of training equivalent to the
178.1 	continuing education requirements of subdivision 7; and 
178.2 	(2) a board-approved application form.
178.3 	(b) If more than four years have passed since a certificate
178.4 	expiration date, an applicant must complete the initial
178.5 	certification process required under subdivision 1.