HF 2035

1st Committee Engrossment - 85th Legislature (2007 - 2008)

Posted on 12/22/2009 12:38 p.m.

1.1A bill for an act 1.2relating to social work; modifying the Minnesota Board of Social Work Practice 1.3Act;proposing coding for new law as Minnesota Statutes, chapter 148E; 1.4repealing Minnesota Statutes 2006, sections 148D.001; 148D.010; 148D.015; 1.5148D.020; 148D.025; 148D.030; 148D.035; 148D.040; 148D.045; 148D.050; 1.6148D.055; 148D.060; 148D.065; 148D.070; 148D.075; 148D.080; 148D.085; 1.7148D.090; 148D.095; 148D.100; 148D.105; 148D.110; 148D.115; 148D.120; 1.8148D.125; 148D.130; 148D.135; 148D.140; 148D.145; 148D.150; 148D.155; 1.9148D.160; 148D.165; 148D.170; 148D.175; 148D.180; 148D.185; 148D.190; 1.10148D.195; 148D.200; 148D.205; 148D.210; 148D.215; 148D.220; 148D.225; 1.11148D.230; 148D.235; 148D.240; 148D.245; 148D.250; 148D.255; 148D.260; 1.12148D.265; 148D.270; 148D.275; 148D.280; 148D.285; 148D.290. 1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.14    Section 1. new text begin [148E.001] CITATION. new text end 1.15 new text begin This chapter may be cited as the "Minnesota Board of Social Work Practice Act." new text end 1.16    Sec. 2. new text begin [148E.010] DEFINITIONS. new text end 1.17     new text begin Subdivision 1. new text end new text begin Scope. new text end new text begin For the purpose of this chapter, the terms in this section new text end 1.18 new text begin have the meanings given. new text end 1.19     new text begin Subd. 2. new text end new text begin Applicant. new text end new text begin "Applicant" means a person who submits an application to new text end 1.20 new text begin the board for a new license, a license renewal, a change in license, an inactive license, new text end 1.21 new text begin reactivation of a license, or a voluntary termination. new text end 1.22     new text begin Subd. 3. new text end new text begin Application. new text end new text begin "Application" means an application to the board for a new new text end 1.23 new text begin license, a license renewal, a change in license, an inactive license, reactivation of a new text end 1.24 new text begin license, or voluntary termination. new text end 1.25     new text begin Subd. 4. new text end new text begin Board. new text end new text begin "Board" means the Board of Social Work created under section new text end 1.26 new text begin . new text end 2.1     new text begin Subd. 5. new text end new text begin Client. new text end new text begin "Client" means an individual, couple, family, group, community, or new text end 2.2 new text begin organization that receives or has received social work services as described in subdivision new text end 2.3 new text begin 9. new text end 2.4     new text begin Subd. 6. new text end new text begin Clinical practice. new text end new text begin "Clinical practice" means applying professional new text end 2.5 new text begin social work knowledge, skills, and values in the differential diagnosis and treatment of new text end 2.6 new text begin psychosocial function, disability, or impairment, including addictions and emotional, new text end 2.7 new text begin mental, and behavioral disorders. Treatment includes a plan based on a differential new text end 2.8 new text begin diagnosis. Treatment may include, but is not limited to, the provision of psychotherapy to new text end 2.9 new text begin individuals, couples, families, and groups across the life span. Clinical social workers new text end 2.10 new text begin may also provide the services described in subdivision 11. new text end 2.11     new text begin Subd. 7. new text end new text begin Clinical supervision. new text end new text begin "Clinical supervision" means supervision as defined new text end 2.12 new text begin in subdivision 18 of a social worker engaged in clinical practice as defined in subdivision 6. new text end 2.13     new text begin Subd. 8. new text end new text begin Graduate degree. new text end new text begin "Graduate degree" means a master's degree in social new text end 2.14 new text begin work from a program accredited by the Council on Social Work Education, the Canadian new text end 2.15 new text begin Association of Schools of Social Work, or a similar accreditation body designated by the new text end 2.16 new text begin board; or a doctorate in social work from an accredited university. new text end 2.17     new text begin Subd. 9. new text end new text begin Intern. new text end new text begin "Intern" means a student in field placement working under the new text end 2.18 new text begin supervision or direction of a social worker. new text end 2.19     new text begin Subd. 10. new text end new text begin Person-in-environment perspective. new text end new text begin "Person-in-environment new text end 2.20 new text begin perspective" means viewing human behavior, development, and function in the context new text end 2.21 new text begin of one or more of the following: the environment, social functioning, mental health, new text end 2.22 new text begin and physical health. new text end 2.23     new text begin Subd. 11. new text end new text begin Practice of social work. new text end new text begin "Practice of social work" means working new text end 2.24 new text begin to maintain, restore, or improve behavioral, cognitive, emotional, mental, or social new text end 2.25 new text begin functioning of clients, in a manner that applies accepted professional social work new text end 2.26 new text begin knowledge, skills, and values, including the person-in-environment perspective, by new text end 2.27 new text begin providing in person or through telephone, video conferencing, or electronic means one or new text end 2.28 new text begin more of the social work services described in clauses (1) to (3). Social work services may new text end 2.29 new text begin address conditions that impair or limit behavioral, cognitive, emotional, mental, or social new text end 2.30 new text begin functioning. Such conditions include, but are not limited to, the following: abuse and new text end 2.31 new text begin neglect of children or vulnerable adults, addictions, developmental disorders, disabilities, new text end 2.32 new text begin discrimination, illness, injuries, poverty, and trauma. Social work services include: new text end 2.33 new text begin (1) providing assessment and intervention through direct contact with clients, new text end 2.34 new text begin developing a plan based on information from an assessment, and providing services which new text end 2.35 new text begin include, but are not limited to, assessment, case management, client-centered advocacy, new text end 2.36 new text begin client education, consultation, counseling, crisis intervention, and referral; new text end 3.1 new text begin (2) providing for the direct or indirect benefit of clients through administrative, new text end 3.2 new text begin educational, policy, or research services including, but not limited to: new text end 3.3 new text begin (i) advocating for policies, programs, or services to improve the well-being of clients; new text end 3.4 new text begin (ii) conducting research related to social work services; new text end 3.5 new text begin (iii) developing and administering programs which provide social work services; new text end 3.6 new text begin (iv) engaging in community organization to address social problems through new text end 3.7 new text begin planned collective action; new text end 3.8 new text begin (v) supervising individuals who provide social work services to clients; new text end 3.9 new text begin (vi) supervising social workers in order to comply with the supervised practice new text end 3.10 new text begin requirements specified in sections new text end new text begin to new text end new text begin ; and new text end 3.11 new text begin (vii) teaching professional social work knowledge, skills, and values to students; and new text end 3.12 new text begin (3) engaging in clinical practice. new text end 3.13     new text begin Subd. 12. new text end new text begin Professional name. new text end new text begin "Professional name" means the name a licensed new text end 3.14 new text begin social worker uses in making representations of the social worker's professional status new text end 3.15 new text begin to the public and which has been designated to the board in writing according to section new text end 3.16 new text begin . new text end 3.17     new text begin Subd. 13. new text end new text begin Professional social work knowledge, skills, and values. new text end new text begin "Professional new text end 3.18 new text begin social work knowledge, skills, and values" means the knowledge, skills, and values new text end 3.19 new text begin taught in programs accredited by the Council on Social Work Education, the Canadian new text end 3.20 new text begin Association of Schools of Social Work, or a similar accreditation body designated by new text end 3.21 new text begin the board; or a doctorate in social work from an accredited university. Professional new text end 3.22 new text begin social work knowledge, skills, and values include, but are not limited to, principles of new text end 3.23 new text begin person-in-environment and the values, principles, and standards described in the Code new text end 3.24 new text begin of Ethics of the National Association of Social Workers. new text end 3.25     new text begin Subd. 14. new text end new text begin Sexual conduct. new text end new text begin "Sexual conduct" means any physical contact or new text end 3.26 new text begin conduct that may be reasonably interpreted as sexual, or any oral, written, electronic, or new text end 3.27 new text begin other communication that suggests engaging in physical contact or conduct that may be new text end 3.28 new text begin reasonably interpreted as sexual. new text end 3.29     new text begin Subd. 15. new text end new text begin Social worker. new text end new text begin "Social worker" means an individual who: new text end 3.30 new text begin (1) is licensed as a social worker; or new text end 3.31 new text begin (2) has obtained a social work degree from a program accredited by the Council on new text end 3.32 new text begin Social Work Education, the Canadian Association of Schools of Social Work, or a similar new text end 3.33 new text begin accreditation body designated by the board and engages in the practice of social work. new text end 3.34     new text begin Subd. 16. new text end new text begin Student. new text end new text begin "Student" means an individual who is taught professional new text end 3.35 new text begin social work knowledge, skills, and values in a program that has been accredited by the new text end 4.1 new text begin Council on Social Work Education, the Canadian Association of Schools of Social Work, new text end 4.2 new text begin or a similar accreditation body designated by the board. new text end 4.3     new text begin Subd. 17. new text end new text begin Supervisee. new text end new text begin "Supervisee" means an individual provided evaluation and new text end 4.4 new text begin supervision or direction by a social worker. new text end 4.5     new text begin Subd. 18. new text end new text begin Supervision. new text end new text begin "Supervision" means a professional relationship between a new text end 4.6 new text begin supervisor and a social worker in which the supervisor provides evaluation and direction new text end 4.7 new text begin of the services provided by the social worker to promote competent and ethical services new text end 4.8 new text begin to clients through the continuing development of the social worker's knowledge and new text end 4.9 new text begin application of accepted professional social work knowledge, skills, and values. new text end 4.10    Sec. 3. new text begin [148E.015] SCOPE. new text end 4.11 new text begin This chapter applies to all applicants and licensees, all persons who use the title social new text end 4.12 new text begin worker, and all persons in or out of this state who provide social work services to clients new text end 4.13 new text begin who reside in this state unless there are specific applicable exemptions provided by law. new text end 4.14    Sec. 4. new text begin [148E.020] CHAPTER 214. new text end 4.15 new text begin Chapter 214 applies to the Board of Social Work unless superseded by this chapter. new text end 4.16    Sec. 5. new text begin [148E.025] BOARD OF SOCIAL WORK. new text end 4.17     new text begin Subdivision 1. new text end new text begin Creation. new text end new text begin The Board of Social Work consists of 15 members new text end 4.18 new text begin appointed by the governor. The members are: new text end 4.19 new text begin (1) ten social workers licensed according to section new text end new text begin ; and new text end 4.20 new text begin (2) five public members as defined in section new text end new text begin . new text end 4.21     new text begin Subd. 2. new text end new text begin Qualifications of board members. new text end new text begin (a) All social worker members must new text end 4.22 new text begin have engaged in the practice of social work in Minnesota for at least one year during new text end 4.23 new text begin the ten years preceding their appointments. new text end 4.24 new text begin (b) Five social worker members must be licensed social workers. The other five new text end 4.25 new text begin members must be a licensed graduate social worker, a licensed independent social worker, new text end 4.26 new text begin or a licensed independent clinical social worker. new text end 4.27 new text begin (c) Eight social worker members must be engaged at the time of their appointment in new text end 4.28 new text begin the practice of social work in Minnesota in the following settings: new text end 4.29 new text begin (1) one member must be engaged in the practice of social work in a county agency; new text end 4.30 new text begin (2) one member must be engaged in the practice of social work in a state agency; new text end 4.31 new text begin (3) one member must be engaged in the practice of social work in an elementary, new text end 4.32 new text begin middle, or secondary school; new text end 5.1 new text begin (4) one member must be employed in a hospital or nursing home licensed under new text end 5.2 new text begin chapter 144 or 144A; new text end 5.3 new text begin (5) two members must be engaged in the practice of social work in a private agency; new text end 5.4 new text begin (6) one member must be engaged in the practice of social work in a clinical social new text end 5.5 new text begin work setting; and new text end 5.6 new text begin (7) one member must be an educator engaged in regular teaching duties at a new text end 5.7 new text begin program of social work accredited by the Council on Social Work Education or a similar new text end 5.8 new text begin accreditation body designated by the board. new text end 5.9 new text begin (d) At the time of their appointments, at least six members must reside outside of the new text end 5.10 new text begin seven-county metropolitan area. new text end 5.11 new text begin (e) At the time of their appointments, at least five members must be persons with new text end 5.12 new text begin expertise in communities of color. new text end 5.13     new text begin Subd. 3. new text end new text begin Officers. new text end new text begin The board must annually elect from its membership a chair, new text end 5.14 new text begin vice-chair, and secretary-treasurer. new text end 5.15     new text begin Subd. 4. new text end new text begin Bylaws. new text end new text begin The board must adopt bylaws to govern its proceedings. new text end 5.16     new text begin Subd. 5. new text end new text begin Executive director. new text end new text begin The board must appoint and employ an executive new text end 5.17 new text begin director who is not a member of the board. The employment of the executive director shall new text end 5.18 new text begin be subject to the terms described in section new text end new text begin 214.04, subdivision 2a new text end new text begin . new text end 5.19    Sec. 6. new text begin [148E.030] DUTIES OF THE BOARD. new text end 5.20     new text begin Subdivision 1. new text end new text begin Duties. new text end new text begin The board must perform the duties necessary to promote new text end 5.21 new text begin and protect the public health, safety, and welfare through the licensure and regulation of new text end 5.22 new text begin persons who practice social work in this state. These duties include, but are not limited to: new text end 5.23 new text begin (1) establishing the qualifications and procedures for individuals to be licensed new text end 5.24 new text begin as social workers; new text end 5.25 new text begin (2) establishing standards of practice for social workers; new text end 5.26 new text begin (3) holding examinations or contracting with the Association of Social Work Boards new text end 5.27 new text begin or a similar examination body designated by the board to hold examinations to assess new text end 5.28 new text begin applicants' qualifications; new text end 5.29 new text begin (4) issuing licenses to qualified individuals according to sections new text end new text begin and new text end 5.30 new text begin ; new text end 5.31 new text begin (5) taking disciplinary, adversarial, corrective, or other action according to sections new text end 5.32 new text begin to new text end new text begin when an individual violates the requirements of this chapter; new text end 5.33 new text begin (6) assessing fees according to sections new text end new text begin and new text end new text begin ; and new text end 5.34 new text begin (7) educating social workers and the public on the requirements of the board. new text end 6.1     new text begin Subd. 2. new text end new text begin Rules. new text end new text begin The board may adopt and enforce rules to carry out the duties new text end 6.2 new text begin specified in subdivision 1. new text end 6.3    Sec. 7. new text begin [148E.035] VARIANCES. new text end 6.4 new text begin If the effect of a requirement according to this chapter is unreasonable, impossible to new text end 6.5 new text begin execute, absurd, or would impose an extreme hardship on a licensee, the board may grant new text end 6.6 new text begin a variance if the variance is consistent with promoting and protecting the public health, new text end 6.7 new text begin safety, and welfare. A variance must not be granted for core licensing standards such as new text end 6.8 new text begin substantive educational and examination requirements. new text end 6.9    Sec. 8. new text begin [148E.040] IMMUNITY. new text end 6.10 new text begin Board members, board employees, and persons engaged on behalf of the board are new text end 6.11 new text begin immune from civil liability for any actions, transactions, or publications in the lawful new text end 6.12 new text begin execution of or relating to their duties under this chapter. new text end 6.13    Sec. 9. new text begin [148E.045] CONTESTED CASE HEARING. new text end 6.14 new text begin An applicant or a licensee who is the subject of a disciplinary or adversarial action new text end 6.15 new text begin by the board according to this chapter may request a contested case hearing under sections new text end 6.16 new text begin to new text end new text begin . An applicant or a licensee who desires to request a contested case hearing new text end 6.17 new text begin must submit a written request to the board within 90 days after the date on which the board new text end 6.18 new text begin mailed the notification of the adverse action, except as otherwise provided in this chapter. new text end 6.19    Sec. 10. new text begin [148E.050] LICENSING; SCOPE OF PRACTICE. new text end 6.20     new text begin Subdivision 1. new text end new text begin Requirements. new text end new text begin The practice of social work must comply with the new text end 6.21 new text begin requirements of subdivision 2, 3, 4, or 5. new text end 6.22     new text begin Subd. 2. new text end new text begin Licensed social worker. new text end new text begin A licensed social worker may engage in social new text end 6.23 new text begin work practice except that a licensed social worker must not engage in clinical practice. new text end 6.24     new text begin Subd. 3. new text end new text begin Licensed graduate social worker. new text end new text begin A licensed graduate social worker may new text end 6.25 new text begin engage in social work practice except that a licensed graduate social worker must not new text end 6.26 new text begin engage in clinical practice except under the supervision of a licensed independent clinical new text end 6.27 new text begin social worker or an alternate supervisor according to section new text end new text begin . new text end 6.28     new text begin Subd. 4. new text end new text begin Licensed independent social worker. new text end new text begin A licensed independent social new text end 6.29 new text begin worker may engage in social work practice except that a licensed independent social new text end 6.30 new text begin worker must not engage in clinical practice except under the supervision of a licensed new text end 6.31 new text begin independent clinical social worker or an alternate supervisor according to section new text end 6.32 new text begin . new text end 7.1     new text begin Subd. 5. new text end new text begin Licensed independent clinical social worker. new text end new text begin A licensed independent new text end 7.2 new text begin clinical social worker may engage in social work practice, including clinical practice. new text end 7.3    Sec. 11. new text begin [148E.055] LICENSE REQUIREMENTS. new text end 7.4     new text begin Subdivision 1. new text end new text begin License required. new text end new text begin (a) In order to practice social work, an individual new text end 7.5 new text begin must have a social work license under this section or section new text end new text begin , except when the new text end 7.6 new text begin individual is exempt from licensure according to section new text end new text begin . new text end 7.7 new text begin (b) Individuals who teach professional social work knowledge, skills, and values to new text end 7.8 new text begin students and who have a social work degree from a program accredited by the Council new text end 7.9 new text begin on Social Work Education, the Canadian Association of Schools of Social Work, or a new text end 7.10 new text begin similar accreditation body designated by the board must have a social work license under new text end 7.11 new text begin this section or section new text end new text begin , except when the individual is exempt from licensure new text end 7.12 new text begin according to section new text end new text begin . new text end 7.13     new text begin Subd. 2. new text end new text begin Qualifications for licensure by examination as a licensed social worker. new text end 7.14 new text begin (a) Except as provided in paragraph (i), to be licensed as a licensed social worker, an new text end 7.15 new text begin applicant for licensure by examination must provide evidence satisfactory to the board new text end 7.16 new text begin that the applicant: new text end 7.17 new text begin (1) has received a baccalaureate degree in social work from a program accredited by new text end 7.18 new text begin the Council on Social Work Education, the Canadian Association of Schools of Social new text end 7.19 new text begin Work, or a similar accreditation body designated by the board, or a doctorate in social new text end 7.20 new text begin work from an accredited university; new text end 7.21 new text begin (2) has passed the bachelors or equivalent examination administered by the new text end 7.22 new text begin Association of Social Work Boards or a similar examination body designated by the board. new text end 7.23 new text begin Unless an applicant applies for licensure by endorsement according to subdivision 7, an new text end 7.24 new text begin examination is not valid if it was taken and passed eight or more years prior to submitting new text end 7.25 new text begin a completed, signed application form provided by the board. The examination may be new text end 7.26 new text begin taken prior to completing degree requirements; new text end 7.27 new text begin (3) has submitted a completed, signed application form provided by the board, new text end 7.28 new text begin including the applicable application fee specified in section new text end new text begin . For applications new text end 7.29 new text begin submitted electronically, a "signed application" means providing an attestation as specified new text end 7.30 new text begin by the board; new text end 7.31 new text begin (4) has submitted the criminal background check fee and a form provided by the new text end 7.32 new text begin board authorizing a criminal background check according to subdivision 8; new text end 7.33 new text begin (5) has paid the applicable license fee specified in section new text end new text begin ; and new text end 7.34 new text begin (6) has not engaged in conduct that was or would be in violation of the standards new text end 7.35 new text begin of practice specified in sections new text end new text begin to new text end new text begin . If the applicant has engaged in new text end 8.1 new text begin conduct that was or would be in violation of the standards of practice, the board may take new text end 8.2 new text begin action according to sections new text end new text begin to new text end new text begin . new text end 8.3 new text begin (b) An application that is not completed and signed, or that is not accompanied by the new text end 8.4 new text begin correct fee, must be returned to the applicant, along with any fee submitted, and is void. new text end 8.5 new text begin (c) A licensee granted a license by the board according to paragraph (a) must meet new text end 8.6 new text begin the supervised practice requirements specified in sections new text end new text begin to new text end new text begin . If a new text end 8.7 new text begin licensee does not meet the supervised practice requirements, the board may take action new text end 8.8 new text begin according to sections new text end new text begin to new text end new text begin . new text end 8.9 new text begin (d) By submitting an application for licensure, an applicant authorizes the board to new text end 8.10 new text begin investigate any information provided or requested in the application. The board may new text end 8.11 new text begin request that the applicant provide additional information, verification, or documentation. new text end 8.12 new text begin (e) Within one year of the time the board receives an application for licensure, the new text end 8.13 new text begin applicant must meet all the requirements specified in paragraph (a) and must provide all of new text end 8.14 new text begin the information requested by the board according to paragraph (d). If within one year the new text end 8.15 new text begin applicant does not meet all the requirements, or does not provide all of the information new text end 8.16 new text begin requested, the applicant is considered ineligible and the application for licensure must new text end 8.17 new text begin be closed. new text end 8.18 new text begin (f) Except as provided in paragraph (g), an applicant may not take more than three new text end 8.19 new text begin times the bachelors or equivalent examination administered by the Association of Social new text end 8.20 new text begin Work Boards, or a similar examination body designated by the board. An applicant must new text end 8.21 new text begin receive a passing score on the bachelors or equivalent examination administered by the new text end 8.22 new text begin Association of Social Work Boards or a similar examination body designated by the board new text end 8.23 new text begin in no more than 18 months after the date the applicant first failed the examination. new text end 8.24 new text begin (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a new text end 8.25 new text begin fourth or subsequent time, the bachelors or equivalent examination administered by the new text end 8.26 new text begin Association of Social Work Boards or a similar examination body designated by the new text end 8.27 new text begin board if the applicant: new text end 8.28 new text begin (1) meets all requirements specified in paragraphs (a) to (e) other than passing the new text end 8.29 new text begin bachelors or equivalent examination administered by the Association of Social Work new text end 8.30 new text begin Boards or a similar examination body designated by the board; new text end 8.31 new text begin (2) provides to the board a description of the efforts the applicant has made to new text end 8.32 new text begin improve the applicant's score and demonstrates to the board's satisfaction that the efforts new text end 8.33 new text begin are likely to improve the score; and new text end 8.34 new text begin (3) provides to the board letters of recommendation from two licensed social new text end 8.35 new text begin workers attesting to the applicant's ability to practice social work competently and new text end 8.36 new text begin ethically according to professional social work knowledge, skills, and values. new text end 9.1 new text begin (h) An individual must not practice social work until the individual passes the new text end 9.2 new text begin examination and receives a social work license under this section or section new text end new text begin . If new text end 9.3 new text begin the board has reason to believe that an applicant may be practicing social work without a new text end 9.4 new text begin license, and the applicant has failed the bachelors or equivalent examination administered new text end 9.5 new text begin by the Association of Social Work Boards or a similar examination body designated by new text end 9.6 new text begin the board, the board may notify the applicant's employer that the applicant is not licensed new text end 9.7 new text begin as a social worker. new text end 9.8     new text begin Subd. 3. new text end new text begin Qualifications for licensure by examination as licensed graduate new text end 9.9 new text begin social worker. new text end new text begin (a) Except as provided in paragraph (i), to be licensed as a licensed new text end 9.10 new text begin graduate social worker, an applicant for licensure by examination must provide evidence new text end 9.11 new text begin satisfactory to the board that the applicant: new text end 9.12 new text begin (1) has received a graduate degree in social work from a program accredited by new text end 9.13 new text begin the Council on Social Work Education, the Canadian Association of Schools of Social new text end 9.14 new text begin Work, or a similar accreditation body designated by the board, or a doctorate in social new text end 9.15 new text begin work from an accredited university; new text end 9.16 new text begin (2) has passed the masters or equivalent examination administered by the Association new text end 9.17 new text begin of Social Work Boards or a similar examination body designated by the board. Unless an new text end 9.18 new text begin applicant applies for licensure by endorsement according to section new text end new text begin 148E.055, subdivision new text end 9.19 new text begin 7 new text end new text begin , an examination is not valid if it was taken and passed eight or more years prior to new text end 9.20 new text begin submitting a completed, signed application form provided by the board. The examination new text end 9.21 new text begin may be taken prior to completing degree requirements; new text end 9.22 new text begin (3) has submitted a completed, signed application form provided by the board, new text end 9.23 new text begin including the applicable application fee specified in section new text end new text begin . For applications new text end 9.24 new text begin submitted electronically, a "signed application" means providing an attestation as specified new text end 9.25 new text begin by the board; new text end 9.26 new text begin (4) has submitted the criminal background check fee and a form provided by the new text end 9.27 new text begin board authorizing a criminal background check according to subdivision 8; new text end 9.28 new text begin (5) has paid the applicable license fee specified in section new text end new text begin ; and new text end 9.29 new text begin (6) has not engaged in conduct that was or would be in violation of the standards new text end 9.30 new text begin of practice specified in sections new text end new text begin to new text end new text begin . If the applicant has engaged in new text end 9.31 new text begin conduct that was or would be in violation of the standards of practice, the board may take new text end 9.32 new text begin action according to sections new text end new text begin to new text end new text begin . new text end 9.33 new text begin (b) An application which is not completed and signed, or which is not accompanied new text end 9.34 new text begin by the correct fee, must be returned to the applicant, along with any fee submitted, and is new text end 9.35 new text begin void. new text end 10.1 new text begin (c) A licensee granted a license by the board according to paragraph (a) must meet new text end 10.2 new text begin the supervised practice requirements specified in sections new text end new text begin to new text end new text begin . If a new text end 10.3 new text begin licensee does not meet the supervised practice requirements, the board may take action new text end 10.4 new text begin according to sections new text end new text begin to new text end new text begin . new text end 10.5 new text begin (d) By submitting an application for licensure, an applicant authorizes the board to new text end 10.6 new text begin investigate any information provided or requested in the application. The board may new text end 10.7 new text begin request that the applicant provide additional information, verification, or documentation. new text end 10.8 new text begin (e) Within one year of the time the board receives an application for licensure, the new text end 10.9 new text begin applicant must meet all the requirements specified in paragraph (a) and must provide all of new text end 10.10 new text begin the information requested by the board according to paragraph (d). If within one year the new text end 10.11 new text begin applicant does not meet all the requirements, or does not provide all of the information new text end 10.12 new text begin requested, the applicant is considered ineligible and the application for licensure must new text end 10.13 new text begin be closed. new text end 10.14 new text begin (f) Except as provided in paragraph (g), an applicant may not take more than three new text end 10.15 new text begin times the masters or equivalent examination administered by the Association of Social new text end 10.16 new text begin Work Boards or a similar examination body designated by the board. An applicant must new text end 10.17 new text begin receive a passing score on the masters or equivalent examination administered by the new text end 10.18 new text begin Association of Social Work Boards or a similar examination body designated by the board new text end 10.19 new text begin in no more than 18 months after the date the applicant first failed the examination. new text end 10.20 new text begin (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a new text end 10.21 new text begin fourth or subsequent time, the masters or equivalent examination administered by the new text end 10.22 new text begin Association of Social Work Boards or a similar examination body designated by the new text end 10.23 new text begin board if the applicant: new text end 10.24 new text begin (1) meets all requirements specified in paragraphs (a) to (e) other than passing the new text end 10.25 new text begin masters or equivalent examination administered by the Association of Social Work boards new text end 10.26 new text begin or a similar examination body designated by the board; new text end 10.27 new text begin (2) provides to the board a description of the efforts the applicant has made to new text end 10.28 new text begin improve the applicant's score and demonstrates to the board's satisfaction that the efforts new text end 10.29 new text begin are likely to improve the score; and new text end 10.30 new text begin (3) provides to the board letters of recommendation from two licensed social new text end 10.31 new text begin workers attesting to the applicant's ability to practice social work competently and new text end 10.32 new text begin ethically according to professional social work knowledge, skills, and values. new text end 10.33 new text begin (h) An individual must not practice social work until the individual passes the new text end 10.34 new text begin examination and receives a social work license under this section or section new text end new text begin . If new text end 10.35 new text begin the board has reason to believe that an applicant may be practicing social work without a new text end 10.36 new text begin license, and the applicant has failed the masters or equivalent examination administered new text end 11.1 new text begin by the Association of Social Work Boards or a similar examination body designated by new text end 11.2 new text begin the board, the board may notify the applicant's employer that the applicant is not licensed new text end 11.3 new text begin as a social worker. new text end 11.4     new text begin Subd. 4. new text end new text begin Licensure by examination; licensed independent social worker. new text end 11.5 new text begin (a) Except as provided in paragraph (i), to be licensed as a licensed independent social new text end 11.6 new text begin worker, an applicant for licensure by examination must provide evidence satisfactory new text end 11.7 new text begin to the board that the applicant: new text end 11.8 new text begin (1) has received a graduate degree in social work from a program accredited by new text end 11.9 new text begin the Council on Social Work Education, the Canadian Association of Schools of Social new text end 11.10 new text begin Work, or a similar accreditation body designated by the board, or a doctorate in social new text end 11.11 new text begin work from an accredited university; new text end 11.12 new text begin (2) has practiced social work as defined in section new text end new text begin , and has met the new text end 11.13 new text begin supervised practice requirements specified in sections new text end new text begin to new text end new text begin ; new text end 11.14 new text begin (3) has passed the advanced generalist or equivalent examination administered by new text end 11.15 new text begin the Association of Social Work Boards or a similar examination body designated by the new text end 11.16 new text begin board. Unless an applicant applies for licensure by endorsement according to subdivision new text end 11.17 new text begin 7, an examination is not valid if it was taken and passed eight or more years prior to new text end 11.18 new text begin submitting a completed, signed application form provided by the board; new text end 11.19 new text begin (4) has submitted a completed, signed application form provided by the board, new text end 11.20 new text begin including the applicable application fee specified in section new text end new text begin . For applications new text end 11.21 new text begin submitted electronically, a "signed application" means providing an attestation as specified new text end 11.22 new text begin by the board; new text end 11.23 new text begin (5) has submitted the criminal background check fee and a form provided by the new text end 11.24 new text begin board authorizing a criminal background check according to subdivision 8; new text end 11.25 new text begin (6) has paid the applicable license fee specified in section new text end new text begin ; and new text end 11.26 new text begin (7) has not engaged in conduct that was or would be in violation of the standards new text end 11.27 new text begin of practice specified in sections new text end new text begin to new text end new text begin . If the applicant has engaged in new text end 11.28 new text begin conduct that was or would be in violation of the standards of practice, the board may take new text end 11.29 new text begin action according to sections new text end new text begin to new text end new text begin . new text end 11.30 new text begin (b) An application which is not completed and signed, or which is not accompanied new text end 11.31 new text begin by the correct fee, must be returned to the applicant, along with any fee submitted, and is new text end 11.32 new text begin void. new text end 11.33 new text begin (c) A licensed independent social worker who practices clinical social work must new text end 11.34 new text begin meet the supervised practice requirements specified in sections new text end new text begin to new text end new text begin . If new text end 11.35 new text begin a licensee does not meet the supervised practice requirements, the board may take action new text end 11.36 new text begin according to sections new text end new text begin to new text end new text begin . new text end 12.1 new text begin (d) By submitting an application for licensure, an applicant authorizes the board to new text end 12.2 new text begin investigate any information provided or requested in the application. The board may new text end 12.3 new text begin request that the applicant provide additional information, verification, or documentation. new text end 12.4 new text begin (e) Within one year of the time the board receives an application for licensure, the new text end 12.5 new text begin applicant must meet all the requirements specified in paragraph (a) and must provide all of new text end 12.6 new text begin the information requested by the board according to paragraph (d). If within one year the new text end 12.7 new text begin applicant does not meet all the requirements, or does not provide all of the information new text end 12.8 new text begin requested, the applicant is considered ineligible and the application for licensure must new text end 12.9 new text begin be closed. new text end 12.10 new text begin (f) Except as provided in paragraph (g), an applicant may not take more than new text end 12.11 new text begin three times the advanced generalist or equivalent examination administered by the new text end 12.12 new text begin Association of Social Work Boards or a similar examination body designated by the new text end 12.13 new text begin board. An applicant must receive a passing score on the masters or equivalent examination new text end 12.14 new text begin administered by the Association of Social Work Boards or a similar examination body new text end 12.15 new text begin designated by the board in no more than 18 months after the first time the applicant failed new text end 12.16 new text begin the examination. new text end 12.17 new text begin (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a new text end 12.18 new text begin fourth or subsequent time, the advanced generalist or equivalent examination administered new text end 12.19 new text begin by the Association of Social Work Boards or a similar examination body designated by new text end 12.20 new text begin the board if the applicant: new text end 12.21 new text begin (1) meets all requirements specified in paragraphs (a) to (e) other than passing the new text end 12.22 new text begin advanced generalist or equivalent examination administered by the Association of Social new text end 12.23 new text begin Work Boards or a similar examination body designated by the board; new text end 12.24 new text begin (2) provides to the board a description of the efforts the applicant has made to new text end 12.25 new text begin improve the applicant's score and demonstrates to the board's satisfaction that the efforts new text end 12.26 new text begin are likely to improve the score; and new text end 12.27 new text begin (3) provides to the board letters of recommendation from two licensed social new text end 12.28 new text begin workers attesting to the applicant's ability to practice social work competently and new text end 12.29 new text begin ethically according to professional social work knowledge, skills, and values. new text end 12.30 new text begin (h) An individual must not practice social work until the individual passes the new text end 12.31 new text begin examination and receives a social work license under this section or section new text end new text begin . If new text end 12.32 new text begin the board has reason to believe that an applicant may be practicing social work without a new text end 12.33 new text begin license, except as provided in section new text end new text begin , and the applicant has failed the advanced new text end 12.34 new text begin generalist or equivalent examination administered by the Association of Social Work new text end 12.35 new text begin Boards or a similar examination body designated by the board, the board may notify the new text end 12.36 new text begin applicant's employer that the applicant is not licensed as a social worker. new text end 13.1     new text begin Subd. 5. new text end new text begin Licensure by examination; licensed independent clinical social new text end 13.2 new text begin worker. new text end new text begin (a) Except as provided in paragraph (h), to be licensed as a licensed independent new text end 13.3 new text begin clinical social worker, an applicant for licensure by examination must provide evidence new text end 13.4 new text begin satisfactory to the board that the applicant: new text end 13.5 new text begin (1) has received a graduate degree in social work from a program accredited by new text end 13.6 new text begin the Council on Social Work Education, the Canadian Association of Schools of Social new text end 13.7 new text begin Work, or a similar accreditation body designated by the board, or a doctorate in social new text end 13.8 new text begin work from an accredited university; new text end 13.9 new text begin (2) has completed 360 clock hours (one semester credit hour = 15 clock hours) in new text end 13.10 new text begin the following clinical knowledge areas: new text end 13.11 new text begin (i) 108 clock hours (30 percent) in differential diagnosis and biopsychosocial new text end 13.12 new text begin assessment including normative development and psychopathology across the life span; new text end 13.13 new text begin (ii) 36 clock hours (ten percent) in assessment-based clinical treatment planning with new text end 13.14 new text begin measurable goals; new text end 13.15 new text begin (iii) 108 clock hours (30 percent) in clinical intervention methods informed by new text end 13.16 new text begin research and current standards of practice; new text end 13.17 new text begin (iv) 18 clock hours (five percent) in evaluation methodologies; new text end 13.18 new text begin (v) 72 clock hours (20 percent) in social work values and ethics, including cultural new text end 13.19 new text begin context, diversity, and social policy; and new text end 13.20     new text begin (vi) 18 clock hours (five percent) in culturally specific clinical assessment and new text end 13.21 new text begin intervention. new text end 13.22 new text begin This requirement may be satisfied through (A) a graduate degree program accredited new text end 13.23 new text begin by the Council on Social Work Education, the Canadian Association of Schools of new text end 13.24 new text begin Social Work, or a similar accreditation body designated by the board; or a doctorate in new text end 13.25 new text begin social work from an accredited university; (B) postgraduate coursework; or (C) up to 90 new text end 13.26 new text begin continuing education hours. The continuing education must have a course description new text end 13.27 new text begin available for public review and must include a posttest. Compliance with this requirement new text end 13.28 new text begin must be documented on a form provided by the board. The board may conduct audits new text end 13.29 new text begin of the information submitted in order to determine compliance with the requirements new text end 13.30 new text begin of this section. new text end 13.31 new text begin (3) has practiced clinical social work as defined in section new text end new text begin , including both new text end 13.32 new text begin diagnosis and treatment, and has met the supervised practice requirements specified in new text end 13.33 new text begin sections new text end new text begin to new text end new text begin ; new text end 13.34 new text begin (4) has passed the clinical or equivalent examination administered by the Association new text end 13.35 new text begin of Social Work Boards or a similar examination body designated by the board. Unless an new text end 13.36 new text begin applicant applies for licensure by endorsement according to subdivision 7, an examination new text end 14.1 new text begin is not valid if it was taken and passed eight or more years prior to submitting a completed, new text end 14.2 new text begin signed application form provided by the board; new text end 14.3 new text begin (5) has submitted a completed, signed application form provided by the board, new text end 14.4 new text begin including the applicable application fee specified in section new text end new text begin . For applications new text end 14.5 new text begin submitted electronically, a "signed application" means providing an attestation as specified new text end 14.6 new text begin by the board; new text end 14.7 new text begin (6) has submitted the criminal background check fee and a form provided by the new text end 14.8 new text begin board authorizing a criminal background check according to subdivision 8; new text end 14.9 new text begin (7) has paid the license fee specified in section new text end new text begin ; and new text end 14.10 new text begin (8) has not engaged in conduct that was or would be in violation of the standards new text end 14.11 new text begin of practice specified in sections new text end new text begin to new text end new text begin . If the applicant has engaged in new text end 14.12 new text begin conduct that was or would be in violation of the standards of practice, the board may take new text end 14.13 new text begin action according to sections new text end new text begin to new text end new text begin . new text end 14.14 new text begin (b) An application which is not completed and signed, or which is not accompanied new text end 14.15 new text begin by the correct fee, must be returned to the applicant, along with any fee submitted, and is new text end 14.16 new text begin void. new text end 14.17 new text begin (c) By submitting an application for licensure, an applicant authorizes the board to new text end 14.18 new text begin investigate any information provided or requested in the application. The board may new text end 14.19 new text begin request that the applicant provide additional information, verification, or documentation. new text end 14.20 new text begin (d) Within one year of the time the board receives an application for licensure, the new text end 14.21 new text begin applicant must meet all the requirements specified in paragraph (a) and must provide all of new text end 14.22 new text begin the information requested by the board according to paragraph (c). If within one year the new text end 14.23 new text begin applicant does not meet all the requirements, or does not provide all of the information new text end 14.24 new text begin requested, the applicant is considered ineligible and the application for licensure must new text end 14.25 new text begin be closed. new text end 14.26 new text begin (e) Except as provided in paragraph (f), an applicant may not take more than three new text end 14.27 new text begin times the clinical or equivalent examination administered by the Association of Social new text end 14.28 new text begin Work Boards or a similar examination body designated by the board. An applicant must new text end 14.29 new text begin receive a passing score on the clinical or equivalent examination administered by the new text end 14.30 new text begin Association of Social Work Boards or a similar examination body designated by the board new text end 14.31 new text begin no later than 18 months after the first time the applicant failed the examination. new text end 14.32 new text begin (f) Notwithstanding paragraph (e), the board may allow an applicant to take, for a new text end 14.33 new text begin fourth or subsequent time, the clinical or equivalent examination administered by the new text end 14.34 new text begin Association of Social Work Boards or a similar examination body designated by the new text end 14.35 new text begin board if the applicant: new text end 15.1 new text begin (1) meets all requirements specified in paragraphs (a) to (d) other than passing the new text end 15.2 new text begin clinical or equivalent examination administered by the Association of Social Work Boards new text end 15.3 new text begin or a similar examination body designated by the board; new text end 15.4 new text begin (2) provides to the board a description of the efforts the applicant has made to new text end 15.5 new text begin improve the applicant's score and demonstrates to the board's satisfaction that the efforts new text end 15.6 new text begin are likely to improve the score; and new text end 15.7 new text begin (3) provides to the board letters of recommendation from two licensed social new text end 15.8 new text begin workers attesting to the applicant's ability to practice social work competently and new text end 15.9 new text begin ethically according to professional social work knowledge, skills, and values. new text end 15.10 new text begin (g) An individual must not practice social work until the individual passes the new text end 15.11 new text begin examination and receives a social work license under this section or section new text end new text begin . If new text end 15.12 new text begin the board has reason to believe that an applicant may be practicing social work without a new text end 15.13 new text begin license, and the applicant has failed the clinical or equivalent examination administered new text end 15.14 new text begin by the Association of Social Work Boards or a similar examination body designated by new text end 15.15 new text begin the board, the board may notify the applicant's employer that the applicant is not licensed new text end 15.16 new text begin as a social worker. new text end 15.17     new text begin Subd. 6. new text end new text begin Degrees from outside United States or Canada. new text end new text begin If an applicant receives new text end 15.18 new text begin a degree from a program outside the United States or Canada that is not accredited by new text end 15.19 new text begin the Council on Social Work Education, the Canadian Association of Schools of Social new text end 15.20 new text begin Work, or a similar examination body designated by the board, the degree does not fulfill new text end 15.21 new text begin the requirements specified in subdivision 2, paragraph (a), clause (1); 3, paragraph (a), new text end 15.22 new text begin clause (1); 4, paragraph (a), clause (1); or 5, paragraph (a), clause (1), unless the Council new text end 15.23 new text begin on Social Work Education or a similar accreditation body designated by the board has new text end 15.24 new text begin determined through the council's international equivalency determination service that the new text end 15.25 new text begin degree earned is equivalent to the degree required. new text end 15.26     new text begin Subd. 7. new text end new text begin Licensure by endorsement. new text end new text begin (a) An applicant for licensure by endorsement new text end 15.27 new text begin must hold a current license or credential to practice social work in another jurisdiction. new text end 15.28 new text begin (b) An applicant for licensure by endorsement who meets the qualifications of new text end 15.29 new text begin paragraph (a) and who demonstrates to the satisfaction of the board that the applicant new text end 15.30 new text begin passed the examination administered by the Association of Social Work Boards or a new text end 15.31 new text begin similar examination body designated by the board for the applicable license in Minnesota new text end 15.32 new text begin is not required to retake the licensing examination. new text end 15.33 new text begin (c) An application for licensure by endorsement must meet the applicable license new text end 15.34 new text begin requirements specified in subdivisions 1 to 6, except as provided in paragraph (d), and new text end 15.35 new text begin submit the licensure by endorsement application fee specified in section new text end new text begin . new text end 15.36 new text begin (d) The following requirements apply: new text end 16.1 new text begin (1) An applicant for licensure by endorsement who is applying for licensure as new text end 16.2 new text begin a licensed social worker must meet the requirements specified in section 148E.055, new text end 16.3 new text begin subdivision 2. new text end 16.4 new text begin (2) An applicant for licensure by endorsement who is applying for licensure as a new text end 16.5 new text begin licensed graduate social worker must meet the requirements specified in section 148E.055, new text end 16.6 new text begin subdivision 3. new text end 16.7 new text begin (3) An applicant for licensure by endorsement who is applying for licensure as new text end 16.8 new text begin a licensed independent social worker is not required to demonstrate that the applicant new text end 16.9 new text begin has obtained 100 hours of supervision as specified in section 148E.110, subdivision 1, new text end 16.10 new text begin provided that the applicant has engaged in authorized social work practice for a minimum new text end 16.11 new text begin of 4,000 hours in another jurisdiction. new text end 16.12 new text begin (4) An applicant for licensure by endorsement as a licensed independent clinical new text end 16.13 new text begin social worker (i) is not required to meet the license requirements specified in subdivision new text end 16.14 new text begin 5, paragraph (a), clause (2), and (ii) is not required to demonstrate that the applicant new text end 16.15 new text begin has obtained 200 hours of supervision as specified in section 148E.115, subdivision 1, new text end 16.16 new text begin provided that the applicant has engaged in authorized clinical social work practice for a new text end 16.17 new text begin minimum of 4,000 hours in another jurisdiction. new text end 16.18     new text begin Subd. 8. new text end new text begin Criminal background checks. new text end new text begin (a) Except as provided in paragraph (b), an new text end 16.19 new text begin initial license application must be accompanied by: new text end 16.20 new text begin (1) a form provided by the board authorizing the board to complete a criminal new text end 16.21 new text begin background check; and new text end 16.22 new text begin (2) the criminal background check fee specified by the Bureau of Criminal new text end 16.23 new text begin Apprehension. new text end 16.24 new text begin Criminal background check fees collected by the board must be used to reimburse new text end 16.25 new text begin the Bureau of Criminal Apprehension for the criminal background checks. new text end 16.26 new text begin (b) An applicant who has previously submitted a license application authorizing the new text end 16.27 new text begin board to complete a criminal background check is exempt from the requirement specified new text end 16.28 new text begin in paragraph (a). new text end 16.29 new text begin (c) If a criminal background check indicates that an applicant has engaged in new text end 16.30 new text begin criminal behavior, the board may take action according to sections new text end new text begin to new text end new text begin . new text end 16.31     new text begin Subd. 9. new text end new text begin Effective date. new text end new text begin The effective date of an initial license is the day on which new text end 16.32 new text begin the board receives the applicable license fee from an applicant approved for licensure. new text end 16.33     new text begin Subd. 10. new text end new text begin Expiration date. new text end new text begin The expiration date of an initial license is the last day new text end 16.34 new text begin of the licensee's birth month in the second calendar year following the effective date of new text end 16.35 new text begin the initial license. new text end 17.1     new text begin Subd. 11. new text end new text begin Change in license. new text end new text begin (a) A licensee who changes from a licensed social new text end 17.2 new text begin worker to a licensed graduate social worker, or from a licensed graduate social worker to a new text end 17.3 new text begin licensed independent social worker, or from a licensed graduate social worker or licensed new text end 17.4 new text begin independent social worker to a licensed independent clinical social worker, must pay the new text end 17.5 new text begin prorated share of the fee for the new license. new text end 17.6 new text begin (b) The effective date of the new license is the day on which the board receives the new text end 17.7 new text begin applicable license fee from an applicant approved for the new license. new text end 17.8 new text begin (c) The expiration date of the new license is the same date as the expiration date of new text end 17.9 new text begin the license held by the licensee prior to the change in the license. new text end 17.10    Sec. 12. new text begin [148E.060] TEMPORARY LICENSES. new text end 17.11     new text begin Subdivision 1. new text end new text begin Students and other persons not currently licensed in another new text end 17.12 new text begin jurisdiction. new text end new text begin The board may issue a temporary license to practice social work to an new text end 17.13 new text begin applicant who is not licensed or credentialed to practice social work in any jurisdiction new text end 17.14 new text begin but has: new text end 17.15 new text begin (1) applied for a license under section new text end new text begin ; new text end 17.16 new text begin (2) applied for a temporary license on a form provided by the board; new text end 17.17 new text begin (3) submitted a form provided by the board authorizing the board to complete a new text end 17.18 new text begin criminal background check; new text end 17.19 new text begin (4) passed the applicable licensure examination provided for in section new text end new text begin ; new text end 17.20 new text begin (5) attested on a form provided by the board that the applicant has completed the new text end 17.21 new text begin requirements for a baccalaureate or graduate degree in social work from a program new text end 17.22 new text begin accredited by the Council on Social Work Education, the Canadian Association of Schools new text end 17.23 new text begin of Social Work, or a similar accreditation body designated by the board, or a doctorate in new text end 17.24 new text begin social work from an accredited university; and new text end 17.25 new text begin (6) not engaged in conduct that was or would be in violation of the standards of new text end 17.26 new text begin practice specified in sections new text end new text begin to new text end new text begin . If the applicant has engaged in new text end 17.27 new text begin conduct that was or would be in violation of the standards of practice, the board may take new text end 17.28 new text begin action according to sections new text end new text begin to new text end new text begin . new text end 17.29     new text begin Subd. 2. new text end new text begin Emergency situations and persons currently licensed in another new text end 17.30 new text begin jurisdiction. new text end new text begin The board may issue a temporary license to practice social work to an new text end 17.31 new text begin applicant who is licensed or credentialed to practice social work in another jurisdiction, new text end 17.32 new text begin may or may not have applied for a license under section new text end new text begin , and has: new text end 17.33 new text begin (1) applied for a temporary license on a form provided by the board; new text end 17.34 new text begin (2) submitted a form provided by the board authorizing the board to complete a new text end 17.35 new text begin criminal background check; new text end 18.1 new text begin (3) submitted evidence satisfactory to the board that the applicant is currently new text end 18.2 new text begin licensed or credentialed to practice social work in another jurisdiction; new text end 18.3 new text begin (4) attested on a form provided by the board that the applicant has completed the new text end 18.4 new text begin requirements for a baccalaureate or graduate degree in social work from a program new text end 18.5 new text begin accredited by the Council on Social Work Education, the Canadian Association of Schools new text end 18.6 new text begin of Social Work, or a similar accreditation body designated by the board, or a doctorate in new text end 18.7 new text begin social work from an accredited university; and new text end 18.8 new text begin (5) not engaged in conduct that was or would be in violation of the standards of new text end 18.9 new text begin practice specified in sections new text end new text begin to new text end new text begin . If the applicant has engaged in new text end 18.10 new text begin conduct that was or would be in violation of the standards of practice, the board may take new text end 18.11 new text begin action according to sections new text end new text begin to new text end new text begin . new text end 18.12     new text begin Subd. 3. new text end new text begin Teachers. new text end new text begin The board may issue a temporary license to practice social work new text end 18.13 new text begin to an applicant whose permanent residence is outside the United States, who is teaching new text end 18.14 new text begin social work at an academic institution in Minnesota for a period not to exceed 12 months, new text end 18.15 new text begin who may or may not have applied for a license under section new text end new text begin , and who has: new text end 18.16 new text begin (1) applied for a temporary license on a form provided by the board; new text end 18.17 new text begin (2) submitted a form provided by the board authorizing the board to complete a new text end 18.18 new text begin criminal background check; new text end 18.19 new text begin (3) attested on a form provided by the board that the applicant has completed the new text end 18.20 new text begin requirements for a baccalaureate or graduate degree in social work; and new text end 18.21 new text begin (4) has not engaged in conduct that was or would be in violation of the standards new text end 18.22 new text begin of practice specified in sections new text end new text begin to new text end new text begin . If the applicant has engaged in new text end 18.23 new text begin conduct that was or would be in violation of the standards of practice, the board may take new text end 18.24 new text begin action according to sections new text end new text begin to new text end new text begin . new text end 18.25     new text begin Subd. 4. new text end new text begin Temporary license application fee. new text end new text begin An applicant for a temporary license new text end 18.26 new text begin must pay the application fee specified in section new text end new text begin plus the required fee for new text end 18.27 new text begin the cost of the criminal background check. Only one fee for the cost of the criminal new text end 18.28 new text begin background check must be submitted when the applicant is applying for both a temporary new text end 18.29 new text begin license and a license under section new text end new text begin . new text end 18.30     new text begin Subd. 5. new text end new text begin Temporary license term. new text end new text begin (a) A temporary license is valid until expiration, new text end 18.31 new text begin or until the board issues or denies the license according to section new text end new text begin , or until new text end 18.32 new text begin the board revokes the temporary license, whichever comes first. A temporary license is new text end 18.33 new text begin nonrenewable. new text end 18.34 new text begin (b) A temporary license issued according to subdivision 1 or 2 expires after six new text end 18.35 new text begin months. new text end 18.36 new text begin (c) A temporary license issued according to subdivision 3 expires after 12 months. new text end 19.1     new text begin Subd. 6. new text end new text begin Licensee with temporary license; baccalaureate degree. new text end new text begin A licensee new text end 19.2 new text begin with a temporary license who has provided evidence to the board that the licensee has new text end 19.3 new text begin completed the requirements for a baccalaureate degree in social work from a program new text end 19.4 new text begin accredited by the Council on Social Work Education, the Canadian Association of Schools new text end 19.5 new text begin of Social Work, or a similar accreditation body designated by the board may temporarily new text end 19.6 new text begin engage in social work practice except that a licensee with a temporary license may not new text end 19.7 new text begin engage in clinical social work practice. new text end 19.8     new text begin Subd. 7. new text end new text begin Licensee with temporary license; graduate degree. new text end new text begin A licensee with a new text end 19.9 new text begin temporary license who has provided evidence to the board that the licensee has completed new text end 19.10 new text begin the requirements for a graduate degree in social work from a program accredited by the new text end 19.11 new text begin Council on Social Work Education, the Canadian Association of Schools of Social Work, new text end 19.12 new text begin or a similar accreditation body designated by the board may temporarily engage in social new text end 19.13 new text begin work practice, including clinical practice. new text end 19.14     new text begin Subd. 8. new text end new text begin Supervision requirements. new text end new text begin (a) Except as provided in paragraph (b), an new text end 19.15 new text begin applicant who is not currently licensed or credentialed to practice social work in another new text end 19.16 new text begin jurisdiction and who obtains a temporary license may practice social work only under new text end 19.17 new text begin the supervision of an individual licensed as a social worker who is eligible to provide new text end 19.18 new text begin supervision under sections new text end new text begin to new text end new text begin . Before the applicant is approved new text end 19.19 new text begin for licensure, the applicant's supervisor must attest to the board's satisfaction that the new text end 19.20 new text begin applicant has practiced social work under supervision. This supervision applies toward new text end 19.21 new text begin the supervision required after licensure. new text end 19.22 new text begin (b) If an applicant is currently licensed or credentialed to practice social work in new text end 19.23 new text begin another jurisdiction, and receives a temporary license according to subdivision 3, the new text end 19.24 new text begin requirements specified in paragraph (a) do not apply. However, if an applicant with a new text end 19.25 new text begin temporary license chooses to practice social work under supervision, the supervision new text end 19.26 new text begin applies to the requirements specified in sections new text end new text begin to new text end new text begin . new text end 19.27     new text begin Subd. 9. new text end new text begin Prohibition on practice. new text end new text begin An applicant for a temporary license must not new text end 19.28 new text begin practice social work in Minnesota, except as provided in section new text end new text begin , until the new text end 19.29 new text begin applicant has been granted a temporary license. new text end 19.30     new text begin Subd. 10. new text end new text begin Representation of professional status. new text end new text begin In making representations of new text end 19.31 new text begin professional status to the public, a licensee with a temporary license must state that the new text end 19.32 new text begin licensee has a temporary license. new text end 19.33     new text begin Subd. 11. new text end new text begin Standards of practice. new text end new text begin A licensee with a temporary license must conduct new text end 19.34 new text begin all professional activities as a social worker according to the requirements of sections new text end 19.35 new text begin to new text end new text begin . new text end 20.1     new text begin Subd. 12. new text end new text begin Ineligibility. new text end new text begin An applicant who is currently practicing social work in new text end 20.2 new text begin Minnesota in a setting that is not exempt under section new text end new text begin at the time of application new text end 20.3 new text begin is ineligible for a temporary license. new text end 20.4     new text begin Subd. 13. new text end new text begin Revocation of temporary license. new text end new text begin The board may immediately revoke new text end 20.5 new text begin the temporary license of any licensee who violates any requirements of this section. The new text end 20.6 new text begin revocation must be made for cause, without notice or opportunity to be heard. A licensee new text end 20.7 new text begin whose temporary license is revoked must immediately return the temporary license to new text end 20.8 new text begin the board. new text end 20.9    Sec. 13. new text begin [148E.065] EXEMPTIONS. new text end 20.10     new text begin Subdivision 1. new text end new text begin Other professionals. new text end new text begin Nothing in this chapter may be construed new text end 20.11 new text begin to prevent members of other professions or occupations from performing functions new text end 20.12 new text begin for which they are qualified or licensed. This exception includes but is not limited to: new text end 20.13 new text begin licensed physicians, registered nurses, licensed practical nurses, licensed psychologists, new text end 20.14 new text begin psychological practitioners, probation officers, members of the clergy and Christian new text end 20.15 new text begin Science practitioners, attorneys, marriage and family therapists, alcohol and drug new text end 20.16 new text begin counselors, professional counselors, school counselors, and registered occupational new text end 20.17 new text begin therapists or certified occupational therapist assistants. These persons must not, however, new text end 20.18 new text begin hold themselves out to the public by any title or description stating or implying that they new text end 20.19 new text begin are engaged in the practice of social work, or that they are licensed to engage in the new text end 20.20 new text begin practice of social work. Persons engaged in the practice of social work are not exempt new text end 20.21 new text begin from the board's jurisdiction solely by the use of one of the titles in this subdivision. new text end 20.22     new text begin Subd. 2. new text end new text begin Students. new text end new text begin An internship, externship, or any other social work experience new text end 20.23 new text begin that is required for the completion of an accredited program of social work does not new text end 20.24 new text begin constitute the practice of social work under this chapter. new text end 20.25     new text begin Subd. 3. new text end new text begin Geographic waiver. new text end new text begin A geographic waiver may be granted by the board on new text end 20.26 new text begin a case-by-case basis to agencies with special regional hiring problems. The waiver is for new text end 20.27 new text begin the purpose of permitting agencies to hire individuals who do not meet the qualifications new text end 20.28 new text begin of section new text end new text begin or new text end new text begin to practice social work. new text end 20.29     new text begin Subd. 4. new text end new text begin City, county, and state agency social workers. new text end new text begin The licensure of city, new text end 20.30 new text begin county, and state agency social workers is voluntary. City, county, and state agencies new text end 20.31 new text begin employing social workers are not required to employ licensed social workers. new text end 20.32     new text begin Subd. 5. new text end new text begin Tribes and private nonprofit agencies; voluntary licensure. new text end new text begin The new text end 20.33 new text begin licensure of social workers who are employed by federally recognized tribes, or by private new text end 20.34 new text begin nonprofit agencies whose primary service focus addresses ethnic minority populations, new text end 21.1 new text begin and who are themselves members of ethnic minority populations within those agencies, is new text end 21.2 new text begin voluntary. new text end 21.3    Sec. 14. new text begin [148E.070] LICENSE RENEWALS. new text end 21.4     new text begin Subdivision 1. new text end new text begin License renewal term. new text end new text begin (a) If a license is renewed, the license must new text end 21.5 new text begin be renewed for a two-year renewal term. The renewal term is the period from the effective new text end 21.6 new text begin date of an initial or renewed license to the expiration date of the license. new text end 21.7 new text begin (b) The effective date of a renewed license is the day following the expiration date new text end 21.8 new text begin of the expired license. new text end 21.9 new text begin (c) The expiration date of a renewed license is the last day of the licensee's birth new text end 21.10 new text begin month in the second calendar year following the effective date of the renewed license. new text end 21.11     new text begin Subd. 2. new text end new text begin Mailing license renewal notices. new text end new text begin The board must mail a notice for license new text end 21.12 new text begin renewal to a licensee at least 45 days before the expiration date of the license. Mailing the new text end 21.13 new text begin notice by United States mail to the licensee's last known mailing address constitutes valid new text end 21.14 new text begin mailing. Failure to receive the renewal notice does not relieve a licensee of the obligation new text end 21.15 new text begin to renew a license and to pay the renewal fee. new text end 21.16     new text begin Subd. 3. new text end new text begin Submitting license renewal applications. new text end new text begin (a) In order to renew a license, new text end 21.17 new text begin a licensee must submit: new text end 21.18 new text begin (1) a completed, signed application for license renewal; and new text end 21.19 new text begin (2) the applicable renewal fee specified in section new text end new text begin . new text end 21.20 new text begin The completed, signed application and renewal fee must be received by the board prior to new text end 21.21 new text begin midnight of the day of the license expiration date. For renewals submitted electronically, a new text end 21.22 new text begin "signed application" means providing an attestation as specified by the board. new text end 21.23 new text begin (b) An application which is not completed and signed, or which is not accompanied new text end 21.24 new text begin by the correct fee, must be returned to the applicant, along with any fee submitted, and is new text end 21.25 new text begin void. new text end 21.26 new text begin (c) The completed, signed application must include documentation that the licensee new text end 21.27 new text begin has met the continuing education requirements specified in sections new text end new text begin to new text end new text begin new text end 21.28 new text begin and, if applicable, the supervised practice requirements specified in sections new text end new text begin to new text end 21.29 new text begin . new text end 21.30 new text begin (d) By submitting a renewal application, an applicant authorizes the board to: new text end 21.31 new text begin (1) investigate any information provided or requested in the application. The new text end 21.32 new text begin board may request that the applicant provide additional information, verification, or new text end 21.33 new text begin documentation; new text end 21.34 new text begin (2) conduct an audit to determine if the applicant has met the continuing education new text end 21.35 new text begin requirements specified in sections new text end new text begin to new text end new text begin ; and new text end 22.1 new text begin (3) if applicable, conduct an audit to determine whether the applicant has met the new text end 22.2 new text begin supervision requirements specified in sections new text end new text begin to new text end new text begin . new text end 22.3 new text begin (e) If a licensee's application for license renewal meets the requirements specified in new text end 22.4 new text begin paragraph (a), the licensee may continue to practice after the license expiration date until new text end 22.5 new text begin the board approves or denies the application. new text end 22.6     new text begin Subd. 4. new text end new text begin Renewal late fee. new text end new text begin An application that is received after the license new text end 22.7 new text begin expiration date must be accompanied by the renewal late fee specified in section new text end new text begin new text end 22.8 new text begin in addition to the applicable renewal fee. The application, renewal fee, and renewal late new text end 22.9 new text begin fee must be received by the board within 60 days of the license expiration date, or the new text end 22.10 new text begin license automatically expires. new text end 22.11     new text begin Subd. 5. new text end new text begin Expired license. new text end new text begin (a) If an application does not meet the requirements new text end 22.12 new text begin specified in subdivisions 3 and 4, the license automatically expires. A licensee whose new text end 22.13 new text begin license has expired may reactivate a license by meeting the requirements in section new text end 22.14 new text begin or be relicensed by meeting the requirements specified in section new text end new text begin . new text end 22.15 new text begin (b) The board may take action according to sections new text end new text begin to new text end new text begin based on new text end 22.16 new text begin a licensee's conduct before the expiration of the license. new text end 22.17 new text begin (c) An expired license may be reactivated within one year of the expiration date new text end 22.18 new text begin specified in section new text end new text begin . After one year of the expiration date, an individual may new text end 22.19 new text begin apply for a new license according to section new text end new text begin . new text end 22.20    Sec. 15. new text begin [148E.075] INACTIVE LICENSES. new text end 22.21     new text begin Subdivision 1. new text end new text begin Inactive status. new text end new text begin (a) A licensee qualifies for inactive status under new text end 22.22 new text begin either of the circumstances described in paragraph (b) or (c). new text end 22.23 new text begin (b) A licensee qualifies for inactive status when the licensee is granted temporary new text end 22.24 new text begin leave from active practice. A licensee qualifies for temporary leave from active practice if new text end 22.25 new text begin the licensee demonstrates to the satisfaction of the board that the licensee is not engaged new text end 22.26 new text begin in the practice of social work in any setting, including settings in which social workers new text end 22.27 new text begin are exempt from licensure according to section new text end new text begin . A licensee who is granted new text end 22.28 new text begin temporary leave from active practice may reactivate the license according to section new text end 22.29 new text begin . new text end 22.30 new text begin (c) A licensee qualifies for inactive status when a licensee is granted an emeritus new text end 22.31 new text begin license. A licensee qualifies for an emeritus license if the licensee demonstrates to the new text end 22.32 new text begin satisfaction of the board that: new text end 22.33 new text begin (1) the licensee is retired from social work practice; and new text end 22.34 new text begin (2) the licensee is not engaged in the practice of social work in any setting, including new text end 22.35 new text begin settings in which social workers are exempt from licensure according to section new text end new text begin . new text end 23.1 new text begin A licensee who possesses an emeritus license may reactivate the license according to new text end 23.2 new text begin section new text end new text begin . new text end 23.3     new text begin Subd. 2. new text end new text begin Application. new text end new text begin A licensee may apply for inactive status: new text end 23.4 new text begin (1) at any time by submitting an application for a temporary leave from active new text end 23.5 new text begin practice or for an emeritus license; or new text end 23.6 new text begin (2) as an alternative to applying for the renewal of a license by so recording on new text end 23.7 new text begin the application for license renewal and submitting the completed, signed application to new text end 23.8 new text begin the board. new text end 23.9 new text begin An application that is not completed or signed, or that is not accompanied by the new text end 23.10 new text begin correct fee, must be returned to the applicant, along with any fee submitted, and is void. new text end 23.11 new text begin For applications submitted electronically, a "signed application" means providing an new text end 23.12 new text begin attestation as specified by the board. new text end 23.13     new text begin Subd. 3. new text end new text begin Fee. new text end new text begin (a) Regardless of when the application for inactive status is submitted, new text end 23.14 new text begin the temporary leave or emeritus license fee specified in section new text end new text begin , whichever is new text end 23.15 new text begin applicable, must accompany the application. A licensee who is approved for inactive new text end 23.16 new text begin status before the license expiration date is not entitled to receive a refund for any portion new text end 23.17 new text begin of the license or renewal fee. new text end 23.18 new text begin (b) If an application for temporary leave is received after the license expiration date, new text end 23.19 new text begin the licensee must pay a renewal late fee as specified in section new text end new text begin in addition to new text end 23.20 new text begin the temporary leave fee. new text end 23.21     new text begin Subd. 4. new text end new text begin Time limits for temporary leaves. new text end new text begin A licensee may maintain an inactive new text end 23.22 new text begin license on temporary leave for no more than five consecutive years. If a licensee does new text end 23.23 new text begin not apply for reactivation within 60 days following the end of the consecutive five-year new text end 23.24 new text begin period, the license automatically expires. new text end 23.25     new text begin Subd. 5. new text end new text begin Time limits for emeritus license. new text end new text begin A licensee with an emeritus license may new text end 23.26 new text begin not apply for reactivation according to section new text end new text begin after five years following the new text end 23.27 new text begin granting of the emeritus license. However, after five years following the granting of the new text end 23.28 new text begin emeritus license, an individual may apply for new licensure according to section new text end new text begin . new text end 23.29     new text begin Subd. 6. new text end new text begin Prohibition on practice. new text end new text begin (a) Except as provided in paragraph (b), a new text end 23.30 new text begin licensee whose license is inactive must not practice, attempt to practice, offer to practice, new text end 23.31 new text begin or advertise or hold out as authorized to practice social work. new text end 23.32 new text begin (b) The board may grant a variance to the requirements of paragraph (a) if a licensee new text end 23.33 new text begin on inactive status provides emergency social work services. A variance is granted only new text end 23.34 new text begin if the board provides the variance in writing to the licensee. The board may impose new text end 23.35 new text begin conditions or restrictions on the variance. new text end 24.1     new text begin Subd. 7. new text end new text begin Representations of professional status. new text end new text begin In making representations of new text end 24.2 new text begin professional status to the public, a licensee whose license is inactive must state that the new text end 24.3 new text begin license is inactive and that the licensee cannot practice social work. new text end 24.4     new text begin Subd. 8. new text end new text begin Disciplinary or other action. new text end new text begin The board may resolve any pending new text end 24.5 new text begin complaints against a licensee before approving an application for inactive status. The new text end 24.6 new text begin board may take action according to sections new text end new text begin to new text end new text begin against a licensee new text end 24.7 new text begin whose license is inactive based on conduct occurring before the license is inactive or new text end 24.8 new text begin conduct occurring while the license is inactive. new text end 24.9    Sec. 16. new text begin [148E.080] REACTIVATIONS. new text end 24.10     new text begin Subdivision 1. new text end new text begin Mailing notices to licensees on temporary leave. new text end new text begin The board must new text end 24.11 new text begin mail a notice for reactivation to a licensee on temporary leave at least 45 days before the new text end 24.12 new text begin expiration date of the license according to section new text end new text begin 148E.075, subdivision 4 new text end new text begin . Mailing the new text end 24.13 new text begin notice by United States mail to the licensee's last known mailing address constitutes new text end 24.14 new text begin valid mailing. Failure to receive the reactivation notice does not relieve a licensee of the new text end 24.15 new text begin obligation to comply with the provisions of this section to reactivate a license. new text end 24.16     new text begin Subd. 2. new text end new text begin Reactivation from a temporary leave or emeritus status. new text end new text begin To reactivate a new text end 24.17 new text begin license from a temporary leave or emeritus status, a licensee must do the following within new text end 24.18 new text begin the time period specified in section new text end new text begin 148E.075, subdivisions 4 and 5 new text end new text begin : new text end 24.19 new text begin (1) complete an application form specified by the board; new text end 24.20 new text begin (2) document compliance with the continuing education requirements specified in new text end 24.21 new text begin subdivision 4; new text end 24.22 new text begin (3) submit a supervision plan, if required; new text end 24.23 new text begin (4) pay the reactivation of an inactive licensee fee specified in section new text end new text begin ; and new text end 24.24 new text begin (5) pay the wall certificate fee according to section new text end new text begin 148E.095, subdivision 1 new text end new text begin , new text end 24.25 new text begin paragraph (b) or (c), if the licensee needs a duplicate license. new text end 24.26     new text begin Subd. 3. new text end new text begin Reactivation of an expired license. new text end new text begin To reactivate an expired license, a new text end 24.27 new text begin licensee must do the following within one year of the expiration date: new text end 24.28 new text begin (1) complete an application form specified by the board; new text end 24.29 new text begin (2) document compliance with the continuing education requirements that were new text end 24.30 new text begin in effect at the time the license expired; new text end 24.31 new text begin (3) document compliance with the supervision requirements, if applicable, that were new text end 24.32 new text begin in effect at the time the license expired; and new text end 24.33 new text begin (4) pay the reactivation of an expired license fee specified in section new text end new text begin . new text end 24.34     new text begin Subd. 4. new text end new text begin Continuing education requirements. new text end new text begin (a) A licensee who is on temporary new text end 24.35 new text begin leave or who has an emeritus license must obtain the continuing education hours that new text end 25.1 new text begin would be required if the license was active. At the time of reactivation, the licensee must new text end 25.2 new text begin document compliance with the continuing education requirements specified in sections new text end 25.3 new text begin to new text end new text begin . new text end 25.4 new text begin (b) A licensee applying for reactivation according to subdivision 2 or 3 may apply new text end 25.5 new text begin for a variance to the continuing education requirements according to sections new text end new text begin to new text end 25.6 new text begin . new text end 25.7     new text begin Subd. 5. new text end new text begin Reactivation of a voluntarily terminated license. new text end new text begin To reactivate a new text end 25.8 new text begin voluntarily terminated license, a licensee must do the following within one year of the new text end 25.9 new text begin date the voluntary termination takes effect: new text end 25.10 new text begin (1) complete an application form specified by the board; new text end 25.11 new text begin (2) document compliance with the continuing education requirements that were in new text end 25.12 new text begin effect at the time the license was voluntarily terminated; new text end 25.13 new text begin (3) document compliance with the supervision requirements, if applicable, that were new text end 25.14 new text begin in effect at the time the license was voluntarily terminated; and new text end 25.15 new text begin (4) pay the reactivation of an expired or voluntarily terminated license fee specified new text end 25.16 new text begin in section new text end new text begin . new text end 25.17    Sec. 17. new text begin [148E.085] VOLUNTARY TERMINATIONS. new text end 25.18     new text begin Subdivision 1. new text end new text begin Requests for voluntary termination. new text end new text begin (a) A licensee may request new text end 25.19 new text begin voluntary termination of a license if the licensee demonstrates to the satisfaction of the new text end 25.20 new text begin board that the licensee is not engaged in the practice of social work in any setting except new text end 25.21 new text begin settings in which social workers are exempt from licensure according to section 148E.065. new text end 25.22 new text begin (b) A licensee may apply for voluntary termination: new text end 25.23 new text begin (1) at any time by submitting an application; or new text end 25.24 new text begin (2) as an alternative to applying for the renewal of a license by so recording on new text end 25.25 new text begin the application for license renewal and submitting the completed, signed application to new text end 25.26 new text begin the board. new text end 25.27 new text begin For applications submitted electronically, a "signed application" means providing an new text end 25.28 new text begin attestation as specified by the board. An application that is not completed and signed must new text end 25.29 new text begin be returned to the applicant and is void. new text end 25.30 new text begin (c) The board may resolve any pending complaints against a licensee before new text end 25.31 new text begin approving a request for voluntary termination. new text end 25.32     new text begin Subd. 2. new text end new text begin Application for new licensure. new text end new text begin A licensee who has voluntarily terminated new text end 25.33 new text begin a license may not reactivate the license after one year following the date the voluntary new text end 25.34 new text begin termination takes effect. However, a licensee who has voluntarily terminated a license new text end 25.35 new text begin may apply for a new license according to section new text end new text begin . new text end 26.1     new text begin Subd. 3. new text end new text begin Prohibition on practice. new text end new text begin A licensee who has voluntarily terminated a new text end 26.2 new text begin license must not practice, attempt to practice, offer to practice, or advertise or hold out as new text end 26.3 new text begin authorized to practice social work, except when the individual is exempt from licensure new text end 26.4 new text begin according to section new text end new text begin . new text end 26.5     new text begin Subd. 4. new text end new text begin Disciplinary or other action. new text end new text begin The board may take action according to new text end 26.6 new text begin sections new text end new text begin to new text end new text begin against a licensee whose license has been terminated new text end 26.7 new text begin based on conduct occurring before the license is terminated or for practicing social new text end 26.8 new text begin work without a license. new text end 26.9    Sec. 18. new text begin [148E.090] NAME; CHANGE OF NAME OR ADDRESS. new text end 26.10     new text begin Subdivision 1. new text end new text begin Name. new text end new text begin A licensee must use the licensee's legal name or a professional new text end 26.11 new text begin name. If the licensee uses a professional name, the licensee must inform the board in new text end 26.12 new text begin writing of both the licensee's professional name and legal name and must comply with new text end 26.13 new text begin the requirements of this section. new text end 26.14     new text begin Subd. 2. new text end new text begin Legal name change. new text end new text begin Within 30 days after changing the licensee's legal new text end 26.15 new text begin name, a licensee must: new text end 26.16 new text begin (1) request a new license wall certificate; new text end 26.17 new text begin (2) provide legal verification of the name change; and new text end 26.18 new text begin (3) pay the license wall certificate fee specified in section new text end new text begin . new text end 26.19     new text begin Subd. 3. new text end new text begin Professional name change. new text end new text begin Within 30 days after changing the licensee's new text end 26.20 new text begin professional name, a licensee must: new text end 26.21 new text begin (1) request a new license wall certificate; new text end 26.22 new text begin (2) provide a notarized statement attesting to the name change; and new text end 26.23 new text begin (3) pay the license wall certificate fee specified in section new text end new text begin . new text end 26.24     new text begin Subd. 4. new text end new text begin Address or telephone change. new text end new text begin When a licensee changes a mailing new text end 26.25 new text begin address, home address, work address, e-mail address, or daytime public telephone number, new text end 26.26 new text begin the licensee must notify the board of the change electronically or in writing no more new text end 26.27 new text begin than 30 days after the date of the change. new text end 26.28    Sec. 19. new text begin [148E.095] LICENSE CERTIFICATE OR CARD. new text end 26.29     new text begin Subdivision 1. new text end new text begin License wall certificate. new text end new text begin (a) The board must issue a new license new text end 26.30 new text begin wall certificate when the board issues a new license. No fee in addition to the applicable new text end 26.31 new text begin license fee specified in section new text end new text begin is required. new text end 26.32 new text begin (b) The board must replace a license wall certificate when: new text end 26.33 new text begin (1) a licensee submits an affidavit to the board that the original license wall new text end 26.34 new text begin certificate was lost, stolen, or destroyed; and new text end 27.1 new text begin (2) the licensee submits the license wall certificate fee specified in section new text end new text begin . new text end 27.2 new text begin (c) The board must issue a revised license wall certificate when: new text end 27.3 new text begin (1) a licensee requests a revised license wall certificate according to this section; and new text end 27.4 new text begin (2) a licensee submits the license wall certificate fee specified in section new text end new text begin . new text end 27.5 new text begin (d) The board must issue an additional license wall certificate when: new text end 27.6 new text begin (1) a licensee submits a written request for a new certificate because the licensee new text end 27.7 new text begin practices in more than one location; and new text end 27.8 new text begin (2) the licensee submits the license wall certificate fee specified in section new text end new text begin . new text end 27.9     new text begin Subd. 2. new text end new text begin License card. new text end new text begin (a) The board must issue a new license card when the new text end 27.10 new text begin board issues a new license. No fee in addition to the applicable license fee specified new text end 27.11 new text begin in section new text end new text begin is required. new text end 27.12 new text begin (b) The board must replace a license card when a licensee submits: new text end 27.13 new text begin (1) an affidavit to the board that the original license card was lost, stolen, or new text end 27.14 new text begin destroyed; and new text end 27.15 new text begin (2) the license card fee specified in section new text end new text begin . new text end 27.16 new text begin (c) The board must issue a revised license card when the licensee submits a written new text end 27.17 new text begin request for a new license wall certificate because of a new professional or legal name new text end 27.18 new text begin according to section new text end new text begin 148E.090, subdivision 2 new text end new text begin or 3. No fee in addition to the one specified new text end 27.19 new text begin in subdivision 1, paragraph (b), is required. new text end 27.20    Sec. 20. new text begin [148E.100] LICENSED SOCIAL WORKERS; SUPERVISED new text end 27.21 new text begin PRACTICE. new text end 27.22     new text begin Subdivision 1. new text end new text begin Supervision required after licensure. new text end new text begin After receiving a license new text end 27.23 new text begin from the board as a licensed social worker, the licensed social worker must obtain at least new text end 27.24 new text begin 100 hours of supervision according to the requirements of this section. new text end 27.25     new text begin Subd. 2. new text end new text begin Practice requirements. new text end new text begin The supervision required by subdivision 1 must be new text end 27.26 new text begin obtained during the first 4,000 hours of postbaccalaureate social work practice authorized new text end 27.27 new text begin by law. At least four hours of supervision must be obtained during every 160 hours of new text end 27.28 new text begin practice. new text end 27.29     new text begin Subd. 3. new text end new text begin Types of supervision. new text end new text begin Of the 100 hours of supervision required under new text end 27.30 new text begin subdivision 1: new text end 27.31 new text begin (1) 50 hours must be provided through one-on-one supervision, including: (i) new text end 27.32 new text begin a minimum of 25 hours of in-person supervision, and (ii) no more than 25 hours of new text end 27.33 new text begin supervision via eye-to-eye electronic media; and new text end 27.34 new text begin (2) 50 hours must be provided through: (i) one-on-one supervision, or (ii) group new text end 27.35 new text begin supervision. The supervision may be in-person, by telephone, or via eye-to-eye electronic new text end 28.1 new text begin media. The supervision must not be provided by e-mail. Group supervision is limited to new text end 28.2 new text begin six members not counting the supervisor or supervisors. new text end 28.3     new text begin Subd. 4. new text end new text begin Supervisor requirements. new text end new text begin The supervision required by subdivision 1 must new text end 28.4 new text begin be provided by a supervisor who: new text end 28.5 new text begin (1) is a licensed social worker who has completed the supervised practice new text end 28.6 new text begin requirements; new text end 28.7 new text begin (2) is a licensed graduate social worker, licensed independent social worker, or new text end 28.8 new text begin licensed independent clinical social worker; or new text end 28.9 new text begin (3) meets the requirements specified in section new text end new text begin 148E.120, subdivision 2 new text end new text begin . new text end 28.10     new text begin Subd. 5. new text end new text begin Supervisee requirements. new text end new text begin The supervisee must: new text end 28.11 new text begin (1) to the satisfaction of the supervisor, practice competently and ethically according new text end 28.12 new text begin to professional social work knowledge, skills, and values; new text end 28.13 new text begin (2) receive supervision in the following content areas: new text end 28.14 new text begin (i) development of professional values and responsibilities; new text end 28.15 new text begin (ii) practice skills; new text end 28.16 new text begin (iii) authorized scope of practice; new text end 28.17 new text begin (iv) ensuring continuing competence; and new text end 28.18 new text begin (v) ethical standards of practice; new text end 28.19 new text begin (3) submit a supervision plan according to section new text end new text begin 148E.125, subdivision 1 new text end new text begin ; and new text end 28.20 new text begin (4) if the board audits the supervisee's supervised practice, submit verification of new text end 28.21 new text begin supervised practice according to section new text end new text begin 148E.125, subdivision 3 new text end new text begin . new text end 28.22     new text begin Subd. 6. new text end new text begin After completion of supervision requirements. new text end new text begin A licensed social worker new text end 28.23 new text begin who fulfills the supervision requirements specified in subdivisions 1 to 5 is not required to new text end 28.24 new text begin be supervised after completion of the supervision requirements. new text end 28.25     new text begin Subd. 7. new text end new text begin Attestation. new text end new text begin The social worker and the social worker's supervisor must new text end 28.26 new text begin attest that the supervisee has met or has made progress on meeting the applicable new text end 28.27 new text begin supervision requirements according to section new text end new text begin 148E.125, subdivision 2 new text end new text begin . new text end 28.28    Sec. 21. new text begin [148E.105] LICENSED GRADUATE SOCIAL WORKERS WHO DO new text end 28.29 new text begin NOT PRACTICE CLINICAL SOCIAL WORK; SUPERVISED PRACTICE. new text end 28.30     new text begin Subdivision 1. new text end new text begin Supervision required after licensure. new text end new text begin After receiving a license new text end 28.31 new text begin from the board as a licensed graduate social worker, a licensed graduate social worker new text end 28.32 new text begin must obtain at least 100 hours of supervision according to the requirements of this section. new text end 28.33     new text begin Subd. 2. new text end new text begin Practice requirements. new text end new text begin The supervision required by subdivision 1 must new text end 28.34 new text begin be obtained during the first 4,000 hours of postgraduate social work practice authorized new text end 29.1 new text begin by law. At least four hours of supervision must be obtained during every 160 hours of new text end 29.2 new text begin practice. new text end 29.3     new text begin Subd. 3. new text end new text begin Types of supervision. new text end new text begin Of the 100 hours of supervision required under new text end 29.4 new text begin subdivision 1: new text end 29.5 new text begin (1) 50 hours must be provided though one-on-one supervision, including: (i) new text end 29.6 new text begin a minimum of 25 hours of in-person supervision, and (ii) no more than 25 hours of new text end 29.7 new text begin supervision via eye-to-eye electronic media; and new text end 29.8 new text begin (2) 50 hours must be provided through: (i) one-on-one supervision, or (ii) group new text end 29.9 new text begin supervision. The supervision may be in-person, by telephone, or via eye-to-eye electronic new text end 29.10 new text begin media. The supervision must not be provided by e-mail. Group supervision is limited new text end 29.11 new text begin to six supervisees. new text end 29.12     new text begin Subd. 4. new text end new text begin Supervisor requirements. new text end new text begin The supervision required by subdivision 1 must new text end 29.13 new text begin be provided by a supervisor who meets the requirements specified in section new text end new text begin . new text end 29.14 new text begin The supervision must be provided by a: new text end 29.15 new text begin (1) licensed independent social worker; new text end 29.16 new text begin (2) licensed graduate social worker who has completed the supervised practice new text end 29.17 new text begin requirements; new text end 29.18 new text begin (3) licensed independent clinical social worker; or new text end 29.19 new text begin (4) a supervisor who meets the requirements specified in section new text end new text begin 148E.120, new text end 29.20 new text begin subdivision 2 new text end new text begin . new text end 29.21     new text begin Subd. 5. new text end new text begin Supervisee requirements. new text end new text begin The supervisee must: new text end 29.22 new text begin (1) to the satisfaction of the supervisor, practice competently and ethically according new text end 29.23 new text begin to professional social work knowledge, skills, and values; new text end 29.24 new text begin (2) receive supervision in the following content areas: new text end 29.25 new text begin (i) development of professional values and responsibilities; new text end 29.26 new text begin (ii) practice skills; new text end 29.27 new text begin (iii) authorized scope of practice; new text end 29.28 new text begin (iv) ensuring continuing competence; and new text end 29.29 new text begin (v) ethical standards of practice; new text end 29.30 new text begin (3) submit a supervision plan according to section new text end new text begin 148E.125, subdivision 1 new text end new text begin ; and new text end 29.31 new text begin (4) verify supervised practice according to section new text end new text begin 148E.125, subdivision 3 new text end new text begin , if: new text end 29.32 new text begin (i) the board audits the supervisee's supervised practice; or new text end 29.33 new text begin (ii) a licensed graduate social worker applies for a licensed independent social new text end 29.34 new text begin worker license. new text end 29.35     new text begin Subd. 6. new text end new text begin Supervision not required after completion of supervision requirements. new text end 29.36 new text begin A licensed graduate social worker who fulfills the supervision requirements specified in new text end 30.1 new text begin subdivisions 1 to 5, and who does not practice clinical social work, is not required to be new text end 30.2 new text begin supervised after completion of the supervision requirements. new text end 30.3     new text begin Subd. 7. new text end new text begin Attestation. new text end new text begin A social worker and the social worker's supervisor must attest new text end 30.4 new text begin that the supervisee has met or has made progress on meeting the applicable supervision new text end 30.5 new text begin requirements according to section new text end new text begin 148E.125, subdivision 2 new text end new text begin . new text end 30.6     new text begin Subd. 8. new text end new text begin Eligibility to apply for licensure as a licensed independent social new text end 30.7 new text begin worker. new text end new text begin Upon completion of 4,000 hours of social work practice, including at least 100 new text end 30.8 new text begin hours of supervision according to the requirements of this section, a licensed graduate new text end 30.9 new text begin social worker is eligible to apply for a licensed independent social worker license new text end 30.10 new text begin according to section 148E.110. new text end 30.11    Sec. 22. new text begin [148E.106] LICENSED GRADUATE SOCIAL WORKERS WHO new text end 30.12 new text begin PRACTICE CLINICAL SOCIAL WORK; SUPERVISED PRACTICE. new text end 30.13     new text begin Subdivision 1. new text end new text begin Supervision required after licensure. new text end new text begin After receiving a license new text end 30.14 new text begin from the board as a licensed graduate social worker, a licensed graduate social worker new text end 30.15 new text begin must obtain at least 200 hours of supervision according to the requirements of this section. new text end 30.16     new text begin Subd. 2. new text end new text begin Practice requirements. new text end new text begin The supervision required by subdivision 1 must new text end 30.17 new text begin be obtained during the first 4,000 hours of postgraduate social work practice authorized new text end 30.18 new text begin by law. At least eight hours of supervision must be obtained during every 160 hours of new text end 30.19 new text begin practice. new text end 30.20     new text begin Subd. 3. new text end new text begin Types of supervision. new text end new text begin Of the 200 hours of supervision required under new text end 30.21 new text begin subdivision 1: new text end 30.22 new text begin (1) 100 hours must be provided through one-on-one supervision, including: (i) new text end 30.23 new text begin a minimum of 50 hours of in-person supervision, and (ii) no more than 50 hours of new text end 30.24 new text begin supervision via eye-to-eye electronic media; and new text end 30.25 new text begin (2) 100 hours must be provided through: (i) one-on-one supervision, or (ii) group new text end 30.26 new text begin supervision. The supervision may be in-person, by telephone, or via eye-to-eye electronic new text end 30.27 new text begin media. The supervision must not be provided by e-mail. Group supervision is limited new text end 30.28 new text begin to six supervisees. new text end 30.29     new text begin Subd. 4. new text end new text begin Supervisor requirements. new text end new text begin The supervision required by subdivision 1 must new text end 30.30 new text begin be provided by a supervisor who meets the requirements specified in section 148E.120. new text end 30.31 new text begin The supervision must be provided: new text end 30.32 new text begin (1) by a licensed independent clinical social worker; or new text end 30.33 new text begin (2) by a supervisor who meets the requirements specified in section 148E.120, new text end 30.34 new text begin subdivision 2. new text end 30.35     new text begin Subd. 5. new text end new text begin Supervisee requirements. new text end new text begin The supervisee must: new text end 31.1 new text begin (1) to the satisfaction of the supervisor, practice competently and ethically according new text end 31.2 new text begin to professional social work knowledge, skills, and values; new text end 31.3 new text begin (2) receive supervision in the following content areas: new text end 31.4 new text begin (i) development of professional values and responsibilities; new text end 31.5 new text begin (ii) practice skills; new text end 31.6 new text begin (iii) authorized scope of practice; new text end 31.7 new text begin (iv) ensuring continuing competence; and new text end 31.8 new text begin (v) ethical standards of practice; new text end 31.9 new text begin (3) submit a supervision plan according to section 148E.125, subdivision 1; and new text end 31.10 new text begin (4) verify supervised practice according to section 148E.125, subdivision 3, if: new text end 31.11 new text begin (i) the board audits the supervisee's supervised practice; or new text end 31.12 new text begin (ii) a licensed graduate social worker applies for a licensed independent clinical new text end 31.13 new text begin social worker license. new text end 31.14     new text begin Subd. 6. new text end new text begin Supervision required. new text end new text begin A licensed graduate social worker must not engage new text end 31.15 new text begin in clinical social work practice except under supervision by a licensed independent new text end 31.16 new text begin clinical social worker or an alternate supervisor designated according to section 148E.120, new text end 31.17 new text begin subdivision 2. new text end 31.18     new text begin Subd. 7. new text end new text begin Limit on practice of clinical social work. new text end new text begin (a) Except as provided in new text end 31.19 new text begin subdivision 8, a licensed graduate social worker must not engage in clinical social work new text end 31.20 new text begin practice under supervision for more than 8,000 hours. In order to practice clinical social new text end 31.21 new text begin work for more than 8,000 hours, a licensed graduate social worker must obtain a licensed new text end 31.22 new text begin independent clinical social worker license. new text end 31.23 new text begin (b) Notwithstanding the requirements of paragraph (a), the board may grant a new text end 31.24 new text begin licensed graduate social worker permission to engage in clinical social work practice for new text end 31.25 new text begin more than 8,000 hours if the licensed graduate social worker petitions the board and new text end 31.26 new text begin demonstrates to the board's satisfaction that for reasons of personal hardship the licensed new text end 31.27 new text begin graduate social worker should be granted an extension to continue practicing clinical new text end 31.28 new text begin social work under supervision for up to an additional 2,000 hours. new text end 31.29     new text begin Subd. 8. new text end new text begin Eligibility to apply for licensure as a licensed independent social new text end 31.30 new text begin worker. new text end new text begin Upon completion of 4,000 hours of clinical social work practice, including at new text end 31.31 new text begin least 1,800 hours of direct clinical client contact and 200 hours of supervision according to new text end 31.32 new text begin the requirements of this section, a licensed graduate social worker is eligible to apply for a new text end 31.33 new text begin licensed independent clinical social worker license under section 148E.115, subdivision 1. new text end 31.34     new text begin Subd. 9. new text end new text begin Attestation. new text end new text begin A social worker and the social worker's supervisor must attest new text end 31.35 new text begin that the supervisee has met or has made progress on meeting the applicable supervision new text end 31.36 new text begin requirements according to section 148E.125, subdivision 2. new text end 32.1    Sec. 23. new text begin [148E.110] LICENSED INDEPENDENT SOCIAL WORKERS; new text end 32.2 new text begin SUPERVISED PRACTICE. new text end 32.3     new text begin Subdivision 1. new text end new text begin Supervision required before licensure. new text end new text begin Before becoming licensed new text end 32.4 new text begin as a licensed independent social worker, a person must have obtained at least 100 hours new text end 32.5 new text begin of supervision during 4,000 hours of postgraduate social work practice required by law new text end 32.6 new text begin according to the requirements of section new text end new text begin 148E.105, subdivisions 3, 4, and 5 new text end new text begin . At least four new text end 32.7 new text begin hours of supervision must be obtained during every 160 hours of practice. new text end 32.8     new text begin Subd. 2. new text end new text begin Licensed independent social workers; clinical social work after new text end 32.9 new text begin licensure. new text end new text begin After licensure, a licensed independent social worker must not engage in new text end 32.10 new text begin clinical social work practice except under supervision by a licensed independent clinical new text end 32.11 new text begin social worker or an alternate supervisor designated according to section new text end new text begin 148E.120, new text end 32.12 new text begin subdivision 2 new text end new text begin . new text end 32.13     new text begin Subd. 3. new text end new text begin Limit on practice of clinical social work. new text end new text begin (a) Except as provided in new text end 32.14 new text begin paragraph (b), a licensed independent social worker must not engage in clinical social new text end 32.15 new text begin work practice under supervision for more than 8,000 hours. In order to practice clinical new text end 32.16 new text begin social work for more than 8,000 hours, a licensed independent social worker must obtain a new text end 32.17 new text begin licensed independent clinical social worker license. new text end 32.18 new text begin (b) Notwithstanding the requirements of paragraph (a), the board may grant a new text end 32.19 new text begin licensed independent social worker permission to engage in clinical social work practice new text end 32.20 new text begin for more than 8,000 hours if the licensed independent social worker petitions the board new text end 32.21 new text begin and demonstrates to the board's satisfaction that for reasons of personal hardship the new text end 32.22 new text begin licensed independent social worker should be granted an extension to continue practicing new text end 32.23 new text begin clinical social work under supervision for up to an additional 2,000 hours. new text end 32.24     new text begin Subd. 4. new text end new text begin Licensed independent social workers who do not practice clinical new text end 32.25 new text begin social work after licensure. new text end new text begin After licensure, a licensed independent social worker is not new text end 32.26 new text begin required to be supervised if the licensed independent social worker does not practice new text end 32.27 new text begin clinical social work. new text end 32.28    Sec. 24. new text begin [148E.115] LICENSED INDEPENDENT CLINICAL SOCIAL new text end 32.29 new text begin WORKERS; SUPERVISION. new text end 32.30     new text begin Subdivision 1. new text end new text begin Supervision required before licensure. new text end new text begin Before becoming licensed new text end 32.31 new text begin as a licensed independent clinical social worker, a person must have obtained at least 200 new text end 32.32 new text begin hours of supervision during 4,000 hours of postgraduate clinical practice required by law new text end 32.33 new text begin according to the requirements of section new text end new text begin 148E.106. new text end 32.34     new text begin Subd. 2. new text end new text begin No supervision required after licensure. new text end new text begin After licensure, a licensed new text end 32.35 new text begin independent clinical social worker is not required to be supervised. new text end 33.1    Sec. 25. new text begin [148E.120] REQUIREMENTS OF SUPERVISORS. new text end 33.2     new text begin Subdivision 1. new text end new text begin Supervisors licensed as social workers. new text end new text begin (a) Except as provided in new text end 33.3 new text begin paragraph (b), to be eligible to provide supervision under this section, a social worker must: new text end 33.4 new text begin (1) have at least 2,000 hours of experience in authorized social work practice. If new text end 33.5 new text begin the person is providing clinical supervision, the 2,000 hours must include 1,000 hours of new text end 33.6 new text begin experience in clinical practice; new text end 33.7 new text begin (2) have completed 30 hours of training in supervision through coursework from new text end 33.8 new text begin an accredited college or university, or through continuing education in compliance with new text end 33.9 new text begin sections 148E.130 to 148E.170; new text end 33.10 new text begin (3) be competent in the activities being supervised; and new text end 33.11 new text begin (4) attest, on a form provided by the board, that the social worker has met the new text end 33.12 new text begin applicable requirements specified in this section and sections 148E.100 to 148E.115. The new text end 33.13 new text begin board may audit the information provided to determine compliance with the requirements new text end 33.14 new text begin of this section. new text end 33.15 new text begin (b) If the board determines that supervision is not obtainable from an individual new text end 33.16 new text begin meeting the requirements specified in paragraph (a), the board may approve an alternate new text end 33.17 new text begin supervisor according to subdivision 2. new text end 33.18     new text begin Subd. 2. new text end new text begin Alternate supervisors. new text end new text begin (a) The board may approve an alternate supervisor new text end 33.19 new text begin if: new text end 33.20 new text begin (1) the board determines that supervision is not obtainable according to paragraph new text end 33.21 new text begin (b); new text end 33.22 new text begin (2) the licensee requests in the supervision plan submitted according to section new text end 33.23 new text begin 148E.125, subdivision 1 new text end new text begin , that an alternate supervisor conduct the supervision; new text end 33.24 new text begin (3) the licensee describes the proposed supervision and the name and qualifications new text end 33.25 new text begin of the proposed alternate supervisor; and new text end 33.26 new text begin (4) the requirements of paragraph (d) are met. new text end 33.27 new text begin (b) The board may determine that supervision is not obtainable if: new text end 33.28 new text begin (1) the licensee provides documentation as an attachment to the supervision plan new text end 33.29 new text begin submitted according to section new text end new text begin 148E.125, subdivision 1 new text end new text begin , that the licensee has conducted a new text end 33.30 new text begin thorough search for a supervisor meeting the applicable licensure requirements specified new text end 33.31 new text begin in sections new text end new text begin to new text end new text begin ; new text end 33.32 new text begin (2) the licensee demonstrates to the board's satisfaction that the search was new text end 33.33 new text begin unsuccessful; and new text end 33.34 new text begin (3) the licensee describes the extent of the search and the names and locations of new text end 33.35 new text begin the persons and organizations contacted. new text end 34.1 new text begin (c) The requirements specified in paragraph (b) do not apply to obtaining supervision new text end 34.2 new text begin for clinical practice if the board determines that there are five or fewer licensed new text end 34.3 new text begin independent clinical social workers in the county where the licensee practices social work. new text end 34.4 new text begin (d) An alternate supervisor must: new text end 34.5 new text begin (1) be an unlicensed social worker who is employed in, and provides the supervision new text end 34.6 new text begin in, a setting exempt from licensure by section new text end new text begin , and who has qualifications new text end 34.7 new text begin equivalent to the applicable requirements specified in sections new text end new text begin to new text end new text begin ; new text end 34.8 new text begin (2) be a social worker engaged in authorized practice in Iowa, Manitoba, North new text end 34.9 new text begin Dakota, Ontario, South Dakota, or Wisconsin, and has the qualifications equivalent to the new text end 34.10 new text begin applicable requirements specified in sections 148E.100 to 148E.115; or new text end 34.11 new text begin (3) be a licensed marriage and family therapist or a mental health professional new text end 34.12 new text begin as established by section new text end new text begin 245.462, subdivision 18 new text end new text begin , or new text end new text begin 245.4871, subdivision 27 new text end new text begin , or an new text end 34.13 new text begin equivalent mental health professional, as determined by the board, who is licensed or new text end 34.14 new text begin credentialed by a state, territorial, provincial, or foreign licensing agency. new text end 34.15 new text begin In order to qualify to provide clinical supervision of a licensed graduate social new text end 34.16 new text begin worker or licensed independent social worker engaged in clinical practice, the alternate new text end 34.17 new text begin supervisor must be a mental health professional as established by section new text end new text begin 245.462, new text end 34.18 new text begin subdivision 18 new text end new text begin , or new text end new text begin 245.4871, subdivision 27 new text end new text begin , or an equivalent mental health professional, new text end 34.19 new text begin as determined by the board, who is licensed or credentialed by a state, territorial, new text end 34.20 new text begin provincial, or foreign licensing agency. new text end 34.21    Sec. 26. new text begin [148E.125] DOCUMENTATION OF SUPERVISION. new text end 34.22     new text begin Subdivision 1. new text end new text begin Supervision plan. new text end new text begin (a) A social worker must submit, on a form new text end 34.23 new text begin provided by the board, a supervision plan for meeting the supervision requirements new text end 34.24 new text begin specified in sections new text end new text begin to new text end new text begin . new text end 34.25 new text begin (b) The supervision plan must be submitted no later than 90 days after the licensee new text end 34.26 new text begin begins a social work practice position after becoming licensed. new text end 34.27 new text begin (c) For failure to submit the supervision plan within 90 days after beginning a social new text end 34.28 new text begin work practice position, a licensee must pay the supervision plan late fee specified in new text end 34.29 new text begin section new text end new text begin when the licensee applies for license renewal. new text end 34.30 new text begin (d) A license renewal application submitted according to paragraph (a) must not be new text end 34.31 new text begin approved unless the board has received a supervision plan. new text end 34.32 new text begin (e) The supervision plan must include the following: new text end 34.33 new text begin (1) the name of the supervisee, the name of the agency in which the supervisee is new text end 34.34 new text begin being supervised, and the supervisee's position title; new text end 34.35 new text begin (2) the name and qualifications of the person providing the supervision; new text end 35.1 new text begin (3) the number of hours of one-on-one in-person supervision and the number and new text end 35.2 new text begin type of additional hours of supervision to be completed by the supervisee; new text end 35.3 new text begin (4) the supervisee's position description; new text end 35.4 new text begin (5) a brief description of the supervision the supervisee will receive in the following new text end 35.5 new text begin content areas: new text end 35.6 new text begin (i) clinical practice, if applicable; new text end 35.7 new text begin (ii) development of professional social work knowledge, skills, and values; new text end 35.8 new text begin (iii) practice methods; new text end 35.9 new text begin (iv) authorized scope of practice; new text end 35.10 new text begin (v) ensuring continuing competence; and new text end 35.11 new text begin (vi) ethical standards of practice; and new text end 35.12 new text begin (6) if applicable, a detailed description of the supervisee's clinical social work new text end 35.13 new text begin practice, addressing: new text end 35.14 new text begin (i) the client population, the range of presenting issues, and the diagnoses; new text end 35.15 new text begin (ii) the clinical modalities that were utilized; and new text end 35.16 new text begin (iii) the process utilized for determining clinical diagnoses, including the diagnostic new text end 35.17 new text begin instruments used and the role of the supervisee in the diagnostic process. new text end 35.18 new text begin (f) The board must receive a revised supervision plan within 90 days of any of the new text end 35.19 new text begin following changes: new text end 35.20 new text begin (1) the supervisee has a new supervisor; new text end 35.21 new text begin (2) the supervisee begins a new social work position; new text end 35.22 new text begin (3) the scope or content of the supervisee's social work practice changes substantially; new text end 35.23 new text begin (4) the number of practice or supervision hours changes substantially; or new text end 35.24 new text begin (5) the type of supervision changes as supervision is described in section new text end new text begin 148E.100, new text end 35.25 new text begin subdivision 3 new text end new text begin , or new text end new text begin 148E.105, subdivision 3 new text end new text begin , or as required in section new text end new text begin 148E.115, subdivision new text end 35.26 new text begin 4 new text end new text begin . new text end 35.27 new text begin (g) For failure to submit a revised supervision plan as required in paragraph (f), a new text end 35.28 new text begin supervisee must pay the supervision plan late fee specified in section new text end new text begin , when new text end 35.29 new text begin the supervisee applies for license renewal. new text end 35.30 new text begin (h) The board must approve the supervisor and the supervision plan. new text end 35.31     new text begin Subd. 2. new text end new text begin Attestation. new text end new text begin (a) When a supervisee submits renewal application materials new text end 35.32 new text begin to the board, the supervisee and supervisor must submit an attestation providing the new text end 35.33 new text begin following information on a form provided by the board: new text end 35.34 new text begin (1) the name of the supervisee, the name of the agency in which the supervisee is new text end 35.35 new text begin being supervised, and the supervisee's position title; new text end 35.36 new text begin (2) the name and qualifications of the supervisor; new text end 36.1 new text begin (3) the number of hours and dates of each type of supervision completed; new text end 36.2 new text begin (4) the supervisee's position description; new text end 36.3 new text begin (5) a declaration that the supervisee has not engaged in conduct in violation of the new text end 36.4 new text begin standards of practice specified in sections new text end new text begin to new text end new text begin ; new text end 36.5 new text begin (6) a declaration that the supervisee has practiced competently and ethically new text end 36.6 new text begin according to professional social work knowledge, skills, and values; and new text end 36.7 new text begin (7) a list of the content areas in which the supervisee has received supervision, new text end 36.8 new text begin including the following: new text end 36.9 new text begin (i) clinical practice, if applicable; new text end 36.10 new text begin (ii) development of professional social work knowledge, skills, and values; new text end 36.11 new text begin (iii) practice methods; new text end 36.12 new text begin (iv) authorized scope of practice; new text end 36.13 new text begin (v) ensuring continuing competence; and new text end 36.14 new text begin (vi) ethical standards of practice. new text end 36.15 new text begin (b) The information provided on the attestation form must demonstrate to the board's new text end 36.16 new text begin satisfaction that the supervisee has met or has made progress on meeting the applicable new text end 36.17 new text begin supervised practice requirements. new text end 36.18     new text begin Subd. 3. new text end new text begin Verification of supervised practice. new text end new text begin (a) In addition to receiving the new text end 36.19 new text begin attestation required according to subdivision 2, the board must receive verification of new text end 36.20 new text begin supervised practice if: new text end 36.21 new text begin (1) the board audits the supervision of a supervisee according to section new text end new text begin 148E.070, new text end 36.22 new text begin subdivision 3 new text end new text begin ; or new text end 36.23 new text begin (2) an applicant applies for a license as a licensed independent social worker or as a new text end 36.24 new text begin licensed independent clinical social worker. new text end 36.25 new text begin (b) When verification of supervised practice is required according to paragraph (a), new text end 36.26 new text begin the board must receive from the supervisor the following information on a form provided new text end 36.27 new text begin by the board: new text end 36.28 new text begin (1) the name of the supervisee, the name of the agency in which the supervisee is new text end 36.29 new text begin being supervised, and the supervisee's position title; new text end 36.30 new text begin (2) the name and qualifications of the supervisor; new text end 36.31 new text begin (3) the number of hours and dates of each type of supervision completed; new text end 36.32 new text begin (4) the supervisee's position description; new text end 36.33 new text begin (5) a declaration that the supervisee has not engaged in conduct in violation of the new text end 36.34 new text begin standards of practice specified in sections new text end new text begin to new text end new text begin ; new text end 36.35 new text begin (6) a declaration that the supervisee has practiced ethically and competently new text end 36.36 new text begin according to professional social work knowledge, skills, and values; new text end 37.1 new text begin (7) a list of the content areas in which the supervisee has received supervision, new text end 37.2 new text begin including the following: new text end 37.3 new text begin (i) clinical practice, if applicable; new text end 37.4 new text begin (ii) development of professional social work knowledge, skills, and values; new text end 37.5 new text begin (iii) practice methods; new text end 37.6 new text begin (iv) authorized scope of practice; new text end 37.7 new text begin (v) ensuring continuing competence; and new text end 37.8 new text begin (vi) ethical standards of practice; and new text end 37.9 new text begin (8) if applicable, a detailed description of the supervisee's clinical social work new text end 37.10 new text begin practice, addressing: new text end 37.11 new text begin (i) the client population, the range of presenting issues, and the diagnoses; new text end 37.12 new text begin (ii) the clinical modalities that were utilized; and new text end 37.13 new text begin (iii) the process utilized for determining clinical diagnoses, including the diagnostic new text end 37.14 new text begin instruments used and the role of the supervisee in the diagnostic process. new text end 37.15 new text begin (c) The information provided on the verification form must demonstrate to the board's new text end 37.16 new text begin satisfaction that the supervisee has met the applicable supervised practice requirements. new text end 37.17     new text begin Subd. 4. new text end new text begin Alternative verification of supervised practice. new text end new text begin Notwithstanding the new text end 37.18 new text begin requirements of subdivision 3, the board may accept alternative verification of supervised new text end 37.19 new text begin practice if a supervisee demonstrates to the satisfaction of the board that the supervisee is new text end 37.20 new text begin unable to locate a former supervisor to provide the required information. new text end 37.21    Sec. 27. new text begin [148E.130] CLOCK HOURS REQUIRED. new text end 37.22     new text begin Subdivision 1. new text end new text begin Total clock hours required. new text end new text begin At the time of license renewal, a new text end 37.23 new text begin licensee must provide evidence satisfactory to the board that the licensee has, during the new text end 37.24 new text begin renewal term, completed at least 40 clock hours of continuing education. new text end 37.25     new text begin Subd. 2. new text end new text begin Ethics requirement. new text end new text begin At least two of the clock hours required under new text end 37.26 new text begin subdivision 1 must be in social work ethics. new text end 37.27     new text begin Subd. 3. new text end new text begin Requirement for LICSWs. new text end new text begin For licensed independent clinical social new text end 37.28 new text begin workers, at least 24 of the clock hours required under subdivision 1 must be in the clinical new text end 37.29 new text begin content areas specified in section 148E.055, subdivision 5. new text end 37.30     new text begin Subd. 4. new text end new text begin Requirement for supervisors. new text end new text begin For social workers providing supervision new text end 37.31 new text begin according to sections 148E.100 to 148E.125, at least six of the clock hours required under new text end 37.32 new text begin subdivision 1 must be in the practice of supervision. new text end 37.33     new text begin Subd. 5. new text end new text begin Independent study. new text end new text begin Independent study must not consist of more than ten new text end 37.34 new text begin clock hours of continuing education per renewal term. Independent study must be for new text end 37.35 new text begin publication, public presentation, or professional development. Independent study includes, new text end 38.1 new text begin but is not limited to, electronic study. For purposes of subdivision 6, independent study new text end 38.2 new text begin includes consultation with an experienced supervisor regarding the practice of supervision. new text end 38.3     new text begin Subd. 6. new text end new text begin Coursework. new text end new text begin One credit of coursework in a semester-based academic new text end 38.4 new text begin institution is the equivalent of 15 clock hours. new text end 38.5     new text begin Subd. 7. new text end new text begin Prorated renewal term. new text end new text begin If the licensee's renewal term is prorated to be new text end 38.6 new text begin less or more than 24 months, the required number of continuing education clock hours is new text end 38.7 new text begin prorated proportionately. new text end 38.8    Sec. 28. new text begin [148E.135] APPROVAL OF CLOCK HOURS. new text end 38.9     new text begin Subdivision 1. new text end new text begin Ways of approving clock hours. new text end new text begin The clock hours required under new text end 38.10 new text begin section new text end new text begin must be approved in one or more of the following ways: new text end 38.11 new text begin (1) the hours must be offered by a continuing education provider approved by the new text end 38.12 new text begin board; new text end 38.13 new text begin (2) the hours must be offered by a continuing education provider approved by the new text end 38.14 new text begin Association of Social Work Boards or a similar examination body designated by the board; new text end 38.15 new text begin (3) the hours must be earned through a continuing education program approved by new text end 38.16 new text begin the National Association of Social Workers; or new text end 38.17 new text begin (4) the hours must be earned through a continuing education program approved new text end 38.18 new text begin by the board. new text end 38.19     new text begin Subd. 2. new text end new text begin Preapproval not required. new text end new text begin Providers and programs are not required to be new text end 38.20 new text begin preapproved but must meet the requirements specified in this section. new text end 38.21    Sec. 29. new text begin [148E.140] VARIANCES. new text end 38.22 new text begin The board may grant a variance to the continuing education requirements specified new text end 38.23 new text begin in section new text end new text begin , when a licensee demonstrates to the satisfaction of the board that the new text end 38.24 new text begin licensee is unable to complete the required number of clock hours during the renewal term. new text end 38.25 new text begin The board may allow a licensee to complete the required number of clock hours within a new text end 38.26 new text begin time frame specified by the board. The board must not allow a licensee to complete less new text end 38.27 new text begin than the required number of clock hours. new text end 38.28    Sec. 30. new text begin [148E.145] CONTINUING EDUCATION PROVIDERS APPROVED new text end 38.29 new text begin BY BOARD. new text end 38.30     new text begin Subdivision 1. new text end new text begin Board approval. new text end new text begin (a) The board must approve a continuing education new text end 38.31 new text begin provider who: new text end 38.32 new text begin (1) submits a completed application to the board which provides the information new text end 38.33 new text begin required by subdivision 2 and which meets the criteria specified in subdivision 3; and new text end 39.1 new text begin (2) pays the provider fee specified in section new text end new text begin . new text end 39.2 new text begin (b) An approval is valid for programs offered no later than one year from the date new text end 39.3 new text begin the application is approved by the board. new text end 39.4     new text begin Subd. 2. new text end new text begin Information required. new text end new text begin The information that must be provided to the board new text end 39.5 new text begin includes, but is not limited to, the following: new text end 39.6 new text begin (1) the name of the continuing education provider; new text end 39.7 new text begin (2) the address, telephone number, and e-mail address of a contact person for the new text end 39.8 new text begin provider; new text end 39.9 new text begin (3) a signed statement that indicates the provider understands and agrees to abide by new text end 39.10 new text begin the criteria specified in subdivision 3; and new text end 39.11 new text begin (4) a signed statement that indicates the provider agrees to furnish a certificate of new text end 39.12 new text begin attendance to each participant in a program offered by the provider. new text end 39.13     new text begin Subd. 3. new text end new text begin Criteria for programs. new text end new text begin (a) A continuing education provider must employ new text end 39.14 new text begin the following criteria in determining whether to offer a continuing education program: new text end 39.15 new text begin (1) whether the material to be presented will promote the standards of practice new text end 39.16 new text begin described in sections new text end new text begin to new text end new text begin ; new text end 39.17 new text begin (2) whether the material to be presented will contribute to the practice of social work new text end 39.18 new text begin as defined in section new text end new text begin ; new text end 39.19 new text begin (3) whether the material to be presented is intended for the benefit of practicing new text end 39.20 new text begin social workers; and new text end 39.21 new text begin (4) whether the persons presenting the program are qualified in the subject matter new text end 39.22 new text begin being presented. new text end 39.23 new text begin (b) The material presented must not be primarily procedural or primarily oriented new text end 39.24 new text begin towards business practices or self-development. new text end 39.25     new text begin Subd. 4. new text end new text begin Audits. new text end new text begin (a) The board may audit programs offered by a continuing new text end 39.26 new text begin education provider approved by the board to determine compliance with the requirements new text end 39.27 new text begin of this section. new text end 39.28 new text begin (b) A continuing education provider audited by the board must provide the new text end 39.29 new text begin documentation specified in subdivision 5. new text end 39.30     new text begin Subd. 5. new text end new text begin Records retention; continuing education providers. new text end new text begin For three years new text end 39.31 new text begin following the end of each program offered by a continuing education provider, the new text end 39.32 new text begin provider must maintain the following information: new text end 39.33 new text begin (1) the title of the program; new text end 39.34 new text begin (2) a description of the content and objectives of the program; new text end 39.35 new text begin (3) the date of the program; new text end 39.36 new text begin (4) the number of clock hours credited for participation in the program; new text end 40.1 new text begin (5) the program location; new text end 40.2 new text begin (6) the names and qualifications of the primary presenters; new text end 40.3 new text begin (7) a description of the primary audience the program was designed for; and new text end 40.4 new text begin (8) a list of the participants in the program. new text end 40.5    Sec. 31. new text begin [148E.150] APPROVED CONTINUING EDUCATION PROVIDERS. new text end 40.6 new text begin In order to receive credit for a program offered by a continuing education provider new text end 40.7 new text begin approved by the Association of Social Work Boards or a similar examination body new text end 40.8 new text begin designated by the board, the provider must be listed on the Association of Social Work new text end 40.9 new text begin Boards Web site as a provider currently approved by the Association of Social Work new text end 40.10 new text begin Boards or a similar examination body designated by the board. new text end 40.11    Sec. 32. new text begin [148E.155] APPROVED CONTINUING EDUCATION PROGRAMS. new text end 40.12 new text begin In order to receive credit for a program approved by the National Association of new text end 40.13 new text begin Social Workers, the program must be listed on the National Association of Social Workers new text end 40.14 new text begin Web site as a program currently approved by the National Association of Social Workers. new text end 40.15    Sec. 33. new text begin [148E.160] CONTINUING EDUCATION PROGRAMS APPROVED new text end 40.16 new text begin BY BOARD. new text end 40.17     new text begin Subdivision 1. new text end new text begin Required program content. new text end new text begin In order to be approved by the board, a new text end 40.18 new text begin continuing education program must: new text end 40.19 new text begin (1) promote the standards of practice described in sections new text end new text begin to new text end new text begin ; new text end 40.20 new text begin (2) contribute to the practice of social work as defined in section new text end new text begin ; and new text end 40.21 new text begin (3) not be primarily procedural or be primarily oriented towards business practices new text end 40.22 new text begin or self-development. new text end 40.23     new text begin Subd. 2. new text end new text begin Types of continuing education programs. new text end new text begin In order to be approved by new text end 40.24 new text begin the board, a continuing education program must be one of the following: academic new text end 40.25 new text begin coursework offered by an institution of higher learning; educational workshops, seminars, new text end 40.26 new text begin or conferences offered by an organization or individual; staff training offered by a public new text end 40.27 new text begin or private employer; or independent study. new text end 40.28    Sec. 34. new text begin [148E.165] CONTINUING EDUCATION REQUIREMENTS OF new text end 40.29 new text begin LICENSEES. new text end 40.30     new text begin Subdivision 1. new text end new text begin Records retention; licensees. new text end new text begin For one year following the expiration new text end 40.31 new text begin date of a license, the licensee must maintain documentation of clock hours earned during new text end 40.32 new text begin the previous renewal term. The documentation must include the following: new text end 41.1 new text begin (1) for educational workshops or seminars offered by an organization or at a new text end 41.2 new text begin conference, a copy of the certificate of attendance issued by the presenter or sponsor new text end 41.3 new text begin giving the following information: new text end 41.4 new text begin (i) the name of the sponsor or presenter of the program; new text end 41.5 new text begin (ii) the title of the workshop or seminar; new text end 41.6 new text begin (iii) the dates the licensee participated in the program; and new text end 41.7 new text begin (iv) the number of clock hours completed; new text end 41.8 new text begin (2) for academic coursework offered by an institution of higher learning, a copy of a new text end 41.9 new text begin transcript giving the following information: new text end 41.10 new text begin (i) the name of the institution offering the course; new text end 41.11 new text begin (ii) the title of the course; new text end 41.12 new text begin (iii) the dates the licensee participated in the course; and new text end 41.13 new text begin (iv) the number of credits completed; new text end 41.14 new text begin (3) for staff training offered by public or private employers, a copy of the certificate new text end 41.15 new text begin of attendance issued by the employer giving the following information: new text end 41.16 new text begin (i) the name of the employer; new text end 41.17 new text begin (ii) the title of the staff training; new text end 41.18 new text begin (iii) the dates the licensee participated in the program; and new text end 41.19 new text begin (iv) the number of clock hours completed; and new text end 41.20 new text begin (4) for independent study, including electronic study, a written summary of the study new text end 41.21 new text begin conducted, including the following information: new text end 41.22 new text begin (i) the topics studied; new text end 41.23 new text begin (ii) a description of the applicability of the study to the licensee's authorized scope of new text end 41.24 new text begin practice; new text end 41.25 new text begin (iii) the titles and authors of books and articles consulted or the name of the new text end 41.26 new text begin organization offering the study; new text end 41.27 new text begin (iv) the dates the licensee conducted the study; and new text end 41.28 new text begin (v) the number of clock hours the licensee conducted the study. new text end 41.29     new text begin Subd. 2. new text end new text begin Audits. new text end new text begin The board may audit license renewal and reactivation applications new text end 41.30 new text begin to determine compliance with the requirements of sections new text end new text begin to new text end new text begin . A new text end 41.31 new text begin licensee audited by the board must provide the documentation specified in subdivision new text end 41.32 new text begin 1 regardless of whether the provider or program has been approved by the board, the new text end 41.33 new text begin Association of Social Work Boards, or a similar examination body designated by the new text end 41.34 new text begin board, or the National Association of Social Workers. new text end 42.1    Sec. 35. new text begin [148E.170] REVOCATION OF CONTINUING EDUCATION new text end 42.2 new text begin APPROVALS. new text end 42.3 new text begin The board may revoke approval of a provider or of a program offered by a provider, new text end 42.4 new text begin or of an individual program approved by the board, if the board determines subsequent new text end 42.5 new text begin to the approval that the provider or program failed to meet the requirements of sections new text end 42.6 new text begin to new text end new text begin . new text end 42.7    Sec. 36. new text begin [148E.175] FEES. new text end 42.8 new text begin The fees specified in section new text end new text begin are nonrefundable and must be deposited in new text end 42.9 new text begin the state government special revenue fund. new text end 42.10    Sec. 37. new text begin [148E.180] FEE AMOUNTS. new text end 42.11     new text begin Subdivision 1. new text end new text begin Application fees. new text end new text begin Application fees for licensure are as follows: new text end 42.12 new text begin (1) for a licensed social worker, $45; new text end 42.13 new text begin (2) for a licensed graduate social worker, $45; new text end 42.14 new text begin (3) for a licensed independent social worker, $90; new text end 42.15 new text begin (4) for a licensed independent clinical social worker, $90; new text end 42.16 new text begin (5) for a temporary license, $50; and new text end 42.17 new text begin (6) for a licensure by endorsement, $150. new text end 42.18 new text begin The fee for criminal background checks is the fee charged by the Bureau of Criminal new text end 42.19 new text begin Apprehension. The criminal background check fee must be included with the application new text end 42.20 new text begin fee as required according to section new text end new text begin . new text end 42.21     new text begin Subd. 2. new text end new text begin License fees. new text end new text begin License fees are as follows: new text end 42.22 new text begin (1) for a licensed social worker, $115.20; new text end 42.23 new text begin (2) for a licensed graduate social worker, $201.60; new text end 42.24 new text begin (3) for a licensed independent social worker, $302.40; new text end 42.25 new text begin (4) for a licensed independent clinical social worker, $331.20; new text end 42.26 new text begin (5) for an emeritus license, $43.20; and new text end 42.27 new text begin (6) for a temporary leave fee, the same as the renewal fee specified in subdivision 3. new text end 42.28 new text begin If the licensee's initial license term is less or more than 24 months, the required new text end 42.29 new text begin license fees must be prorated proportionately. new text end 42.30     new text begin Subd. 3. new text end new text begin Renewal fees. new text end new text begin Renewal fees for licensure are as follows: new text end 42.31 new text begin (1) for a licensed social worker, $115.20; new text end 42.32 new text begin (2) for a licensed graduate social worker, $201.60; new text end 42.33 new text begin (3) for a licensed independent social worker, $302.40; and new text end 42.34 new text begin (4) for a licensed independent clinical social worker, $331.20. new text end 43.1     new text begin Subd. 4. new text end new text begin Continuing education provider fees. new text end new text begin Continuing education provider new text end 43.2 new text begin fees are as follows: new text end 43.3 new text begin (1) for a provider who offers programs totaling one to eight clock hours in a one-year new text end 43.4 new text begin period according to section new text end new text begin , $50; new text end 43.5 new text begin (2) for a provider who offers programs totaling nine to 16 clock hours in a one-year new text end 43.6 new text begin period according to section new text end new text begin , $100; new text end 43.7 new text begin (3) for a provider who offers programs totaling 17 to 32 clock hours in a one-year new text end 43.8 new text begin period according to section new text end new text begin , $200; new text end 43.9 new text begin (4) for a provider who offers programs totaling 33 to 48 clock hours in a one-year new text end 43.10 new text begin period according to section new text end new text begin , $400; and new text end 43.11 new text begin (5) for a provider who offers programs totaling 49 or more clock hours in a one-year new text end 43.12 new text begin period according to section new text end new text begin , $600. new text end 43.13     new text begin Subd. 5. new text end new text begin Late fees. new text end new text begin Late fees are as follows: new text end 43.14 new text begin (1) renewal late fee, one-half of the renewal fee specified in subdivision 3; and new text end 43.15 new text begin (2) supervision plan late fee, $40. new text end 43.16     new text begin Subd. 6. new text end new text begin License cards and wall certificates. new text end new text begin (a) The fee for a license card as new text end 43.17 new text begin specified in section new text end new text begin is $10. new text end 43.18 new text begin (b) The fee for a license wall certificate as specified in section new text end new text begin is $30. new text end 43.19     new text begin Subd. 7. new text end new text begin Reactivation fees. new text end new text begin Reactivation fees are as follows: new text end 43.20 new text begin (1) reactivation from a temporary leave or emeritus status, the prorated share of the new text end 43.21 new text begin renewal fee specified in subdivision 3; and new text end 43.22 new text begin (2) reactivation of an expired license, 1-1/2 times the renewal fees specified in new text end 43.23 new text begin subdivision 3. new text end 43.24    Sec. 38. new text begin [148E.185] PURPOSE OF COMPLIANCE LAWS. new text end 43.25 new text begin The purpose of sections new text end new text begin to new text end new text begin is to protect the public by ensuring new text end 43.26 new text begin that all persons licensed as social workers meet minimum standards of practice. The new text end 43.27 new text begin board shall promptly and fairly investigate and resolve all complaints alleging violations new text end 43.28 new text begin of statutes and rules that the board is empowered to enforce and (1) take appropriate new text end 43.29 new text begin disciplinary action, adversarial action, or other action justified by the facts, or (2) enter new text end 43.30 new text begin into corrective action agreements or stipulations to cease practice, when doing so is new text end 43.31 new text begin consistent with the board's obligation to protect the public. new text end 43.32    Sec. 39. new text begin [148E.190] GROUNDS FOR ACTION. new text end 44.1     new text begin Subdivision 1. new text end new text begin Scope. new text end new text begin The grounds for action in subdivisions 2 to 4 and the new text end 44.2 new text begin standards of practice requirements in sections new text end new text begin to new text end new text begin apply to all licensees new text end 44.3 new text begin and applicants. new text end 44.4     new text begin Subd. 2. new text end new text begin Violations. new text end new text begin The board has grounds to take action according to sections new text end 44.5 new text begin to new text end new text begin when a social worker violates: new text end 44.6 new text begin (1) a statute or rule enforced by the board, including this section and sections new text end 44.7 new text begin to new text end new text begin ; new text end 44.8 new text begin (2) a federal or state law or rule related to the practice of social work; or new text end 44.9 new text begin (3) an order, stipulation, or agreement agreed to or issued by the board. new text end 44.10     new text begin Subd. 3. new text end new text begin Conduct before licensure. new text end new text begin A violation of the requirements specified in this new text end 44.11 new text begin section and sections new text end new text begin to new text end new text begin is grounds for the board to take action under new text end 44.12 new text begin sections new text end new text begin to new text end new text begin . The board's jurisdiction to exercise the powers provided in new text end 44.13 new text begin this section extends to an applicant or licensee's conduct that occurred before licensure if: new text end 44.14 new text begin (1) the conduct did not meet the minimum accepted and prevailing standards of new text end 44.15 new text begin professional social work practice at the time the conduct occurred; or new text end 44.16 new text begin (2) the conduct adversely affects the applicant or licensee's present ability to practice new text end 44.17 new text begin social work in conformity with the requirements of sections new text end new text begin to new text end new text begin . new text end 44.18     new text begin Subd. 4. new text end new text begin Unauthorized practice. new text end new text begin The board has grounds to take action according new text end 44.19 new text begin to sections new text end new text begin to new text end new text begin when a social worker: new text end 44.20 new text begin (1) practices outside the scope of practice authorized by section new text end new text begin ; new text end 44.21 new text begin (2) engages in the practice of social work without a social work license under new text end 44.22 new text begin section new text end new text begin or new text end new text begin , except when the social worker is exempt from licensure new text end 44.23 new text begin under section new text end new text begin ; new text end 44.24 new text begin (3) provides social work services to a client who receives social work services in new text end 44.25 new text begin this state, and is not licensed under section new text end new text begin or new text end new text begin , except when the social new text end 44.26 new text begin worker is exempt from licensure under section new text end new text begin . new text end 44.27    Sec. 40. new text begin [148E.195] REPRESENTATIONS TO CLIENTS AND PUBLIC. new text end 44.28     new text begin Subdivision 1. new text end new text begin Required displays and information for clients. new text end new text begin (a) A social worker new text end 44.29 new text begin must conspicuously display at the social worker's places of practice, or make available as new text end 44.30 new text begin a handout for all clients, information that the client has the right to the following: new text end 44.31 new text begin (1) to be informed of the social worker's license status, education, training, and new text end 44.32 new text begin experience; new text end 44.33 new text begin (2) to examine public data on the social worker maintained by the board; new text end 44.34 new text begin (3) to report a complaint about the social worker's practice to the board; and new text end 45.1 new text begin (4) to be informed of the board's mailing address, e-mail address, Web site address, new text end 45.2 new text begin and telephone number. new text end 45.3 new text begin (b) A social worker must conspicuously display the social worker's wall certificate at new text end 45.4 new text begin the social worker's places of practice and office locations. Additional wall certificates may new text end 45.5 new text begin be requested according to section new text end new text begin . new text end 45.6     new text begin Subd. 2. new text end new text begin Representations. new text end new text begin (a) No applicant or other individual may be represented new text end 45.7 new text begin to the public by any title incorporating the words "social work" or "social worker" unless new text end 45.8 new text begin the individual holds a license according to sections new text end new text begin and new text end new text begin or practices in new text end 45.9 new text begin a setting exempt from licensure according to section new text end new text begin . new text end 45.10 new text begin (b) In all professional use of a social worker's name, the social worker must use new text end 45.11 new text begin the license designation "LSW" or "licensed social worker" for a licensed social worker, new text end 45.12 new text begin "LGSW" or "licensed graduate social worker" for a licensed graduate social worker, new text end 45.13 new text begin "LISW" or "licensed independent social worker" for a licensed independent social worker, new text end 45.14 new text begin or "LICSW" or "licensed independent clinical social worker" for a licensed independent new text end 45.15 new text begin clinical social worker. new text end 45.16 new text begin (c) Public statements or advertisements must not be untruthful, misleading, false, new text end 45.17 new text begin fraudulent, deceptive, or potentially exploitative of clients, former clients, interns, new text end 45.18 new text begin students, supervisees, or the public. new text end 45.19 new text begin (d) A social worker must not: new text end 45.20 new text begin (1) use licensure status as a claim, promise, or guarantee of successful service; new text end 45.21 new text begin (2) obtain a license by cheating or employing fraud or deception; new text end 45.22 new text begin (3) make false statements or misrepresentations to the board or in materials new text end 45.23 new text begin submitted to the board; or new text end 45.24 new text begin (4) engage in conduct that has the potential to deceive or defraud a social work new text end 45.25 new text begin client, intern, student, supervisee, or the public. new text end 45.26     new text begin Subd. 3. new text end new text begin Information on credentials. new text end new text begin (a) A social worker must provide accurate new text end 45.27 new text begin and factual information concerning the social worker's credentials, education, training, new text end 45.28 new text begin and experience when the information is requested by clients, potential clients, or other new text end 45.29 new text begin persons or organizations. new text end 45.30 new text begin (b) A social worker must not misrepresent directly or by implication the social new text end 45.31 new text begin worker's license, degree, professional certifications, affiliations, or other professional new text end 45.32 new text begin qualifications in any oral or written communications to clients, potential clients, or other new text end 45.33 new text begin persons or organizations. A social worker must take reasonable steps to prevent such new text end 45.34 new text begin misrepresentations by other social workers. new text end 45.35 new text begin (c) A social worker must not hold out as a person licensed as a social worker without new text end 45.36 new text begin having a social work license according to sections new text end new text begin and new text end new text begin . new text end 46.1 new text begin (d) A social worker must not misrepresent directly or by implication (1) affiliations new text end 46.2 new text begin with institutions or organizations, or (2) purposes or characteristics of institutions or new text end 46.3 new text begin organizations with which the social worker is or has been affiliated. new text end 46.4    Sec. 41. new text begin [148E.200] COMPETENCE. new text end 46.5     new text begin Subdivision 1. new text end new text begin Competence. new text end new text begin (a) A social worker must provide services and hold new text end 46.6 new text begin out as competent only to the extent the social worker's education, training, license, new text end 46.7 new text begin consultation received, supervision experience, or other relevant professional experience new text end 46.8 new text begin demonstrate competence in the services provided. A social worker must make a referral new text end 46.9 new text begin to a competent professional when the services required are beyond the social worker's new text end 46.10 new text begin competence or authorized scope of practice. new text end 46.11 new text begin (b) When generally recognized standards do not exist with respect to an emerging new text end 46.12 new text begin area of practice, including but not limited to providing social work services through new text end 46.13 new text begin electronic means, a social worker must take the steps necessary, such as consultation or new text end 46.14 new text begin supervision, to ensure the competence of the social worker's work and to protect clients new text end 46.15 new text begin from harm. new text end 46.16     new text begin Subd. 2. new text end new text begin Supervision or consultation. new text end new text begin Notwithstanding the completion of new text end 46.17 new text begin supervision requirements as specified in sections new text end new text begin to new text end new text begin , a social worker new text end 46.18 new text begin must obtain supervision or engage in consultation when appropriate or necessary for new text end 46.19 new text begin competent and ethical practice. new text end 46.20     new text begin Subd. 3. new text end new text begin Delegation of social work responsibilities. new text end new text begin (a) A social worker must not new text end 46.21 new text begin delegate a social work responsibility to another individual when the social worker knows new text end 46.22 new text begin or reasonably should know that the individual is not licensed when required to be licensed new text end 46.23 new text begin according to sections new text end new text begin and new text end new text begin . new text end 46.24 new text begin (b) A social worker must not delegate a social work responsibility to another new text end 46.25 new text begin individual when the social worker knows or reasonably should know that the individual is new text end 46.26 new text begin not competent to assume the responsibility or perform the task. new text end 46.27    Sec. 42. new text begin [148E.205] IMPAIRMENT. new text end 46.28     new text begin Subdivision 1. new text end new text begin Grounds for action. new text end new text begin The board has grounds to take action under new text end 46.29 new text begin sections new text end new text begin to new text end new text begin when a social worker is unable to practice with reasonable new text end 46.30 new text begin skill and safety by reason of illness, use of alcohol, drugs, chemicals, or any other new text end 46.31 new text begin materials, or as a result of any mental, physical, or psychological condition. new text end 46.32     new text begin Subd. 2. new text end new text begin Self-reporting. new text end new text begin A social worker regulated by the board who is unable new text end 46.33 new text begin to practice with reasonable skill and safety by reason of illness, use of alcohol, drugs, new text end 47.1 new text begin chemicals, or any other materials, or as a result of any mental, physical, or psychological new text end 47.2 new text begin condition, must report to the board or the health professionals services program. new text end 47.3    Sec. 43. new text begin [148E.210] PROFESSIONAL AND ETHICAL CONDUCT. new text end 47.4 new text begin The board has grounds to take action under sections new text end new text begin to new text end new text begin when a new text end 47.5 new text begin social worker: new text end 47.6 new text begin (1) engages in unprofessional or unethical conduct, including any departure from new text end 47.7 new text begin or failure to conform to the minimum accepted ethical and other prevailing standards of new text end 47.8 new text begin professional social work practice, without actual injury to a social work client, intern, new text end 47.9 new text begin student, supervisee, or the public needing to be established; new text end 47.10 new text begin (2) engages in conduct that has the potential to cause harm to a client, intern, new text end 47.11 new text begin student, supervisee, or the public; new text end 47.12 new text begin (3) demonstrates a willful or careless disregard for the health, welfare, or safety of new text end 47.13 new text begin a client, intern, student, or supervisee; or new text end 47.14 new text begin (4) engages in acts or conduct adversely affecting the applicant or licensee's current new text end 47.15 new text begin ability or fitness to engage in social work practice, whether or not the acts or conduct new text end 47.16 new text begin occurred while engaged in the practice of social work. new text end 47.17    Sec. 44. new text begin [148E.215] RESPONSIBILITIES TO CLIENTS. new text end 47.18     new text begin Subdivision 1. new text end new text begin Responsibility to clients. new text end new text begin A social worker's primary professional new text end 47.19 new text begin responsibility is to the client. A social worker must respect the client's interests, including new text end 47.20 new text begin the interest in self-determination, except when required to do otherwise by law. new text end 47.21     new text begin Subd. 2. new text end new text begin Nondiscrimination. new text end new text begin A social worker must not discriminate against new text end 47.22 new text begin a client, intern, student, or supervisee or in providing services to a client, intern, or new text end 47.23 new text begin supervisee on the basis of age, gender, sexual orientation, race, color, national origin, new text end 47.24 new text begin religion, illness, disability, political affiliation, or social or economic status. new text end 47.25     new text begin Subd. 3. new text end new text begin Research. new text end new text begin When undertaking research activities, a social worker must new text end 47.26 new text begin use accepted protocols for the protection of human subjects, including (1) establishing new text end 47.27 new text begin appropriate safeguards to protect the subject's vulnerability, and (2) obtaining the subjects' new text end 47.28 new text begin informed consent. new text end 47.29    Sec. 45. new text begin [148E.220] RELATIONSHIPS WITH CLIENTS, FORMER CLIENTS, new text end 47.30 new text begin AND OTHERS. new text end 47.31     new text begin Subdivision 1. new text end new text begin Social worker responsibility. new text end new text begin (a) A social worker is responsible for new text end 47.32 new text begin acting professionally in relationships with clients or former clients. A client or a former new text end 48.1 new text begin client's initiation of, or attempt to engage in, or request to engage in, a personal, sexual, or new text end 48.2 new text begin business relationship is not a defense to a violation of this section. new text end 48.3 new text begin (b) When a relationship is permitted by this section, social workers who engage in new text end 48.4 new text begin such a relationship assume the full burden of demonstrating that the relationship will not new text end 48.5 new text begin be detrimental to the client or the professional relationship. new text end 48.6     new text begin Subd. 2. new text end new text begin Professional boundaries. new text end new text begin A social worker must maintain appropriate new text end 48.7 new text begin professional boundaries with a client. A social worker must not engage in practices with new text end 48.8 new text begin clients that create an unacceptable risk of client harm or of impairing a social worker's new text end 48.9 new text begin objectivity or professional judgment. A social worker must not act or fail to act in a way new text end 48.10 new text begin that, as judged by a reasonable and prudent social worker, inappropriately encourages new text end 48.11 new text begin the client to relate to the social worker outside of the boundaries of the professional new text end 48.12 new text begin relationship, or in a way that interferes with the client's ability to benefit from social work new text end 48.13 new text begin services from the social worker. new text end 48.14     new text begin Subd. 3. new text end new text begin Misuse of professional relationship. new text end new text begin A social worker must not use the new text end 48.15 new text begin professional relationship with a client, student, supervisee, or intern to further the social new text end 48.16 new text begin worker's personal, emotional, financial, sexual, religious, political, or business benefit or new text end 48.17 new text begin interests. new text end 48.18     new text begin Subd. 4. new text end new text begin Improper termination. new text end new text begin A social worker must not terminate a professional new text end 48.19 new text begin relationship for the purpose of beginning a personal, sexual, or business relationship new text end 48.20 new text begin with a client. new text end 48.21     new text begin Subd. 5. new text end new text begin Personal relationship with a client. new text end new text begin (a) Except as provided in paragraph new text end 48.22 new text begin (b), a social worker must not engage in a personal relationship with a client that creates a new text end 48.23 new text begin risk of client harm or of impairing a social worker's objectivity or professional judgment. new text end 48.24 new text begin (b) Notwithstanding paragraph (a), if a social worker is unable to avoid a personal new text end 48.25 new text begin relationship with a client, the social worker must take appropriate precautions, such as new text end 48.26 new text begin consultation or supervision, to address the potential for risk of client harm or of impairing new text end 48.27 new text begin a social worker's objectivity or professional judgment. new text end 48.28     new text begin Subd. 6. new text end new text begin Personal relationship with a former client. new text end new text begin A social worker may new text end 48.29 new text begin engage in a personal relationship with a former client after appropriate termination of the new text end 48.30 new text begin professional relationship, except: new text end 48.31 new text begin (1) as prohibited by subdivision 8; or new text end 48.32 new text begin (2) if a reasonable and prudent social worker would conclude after appropriate new text end 48.33 new text begin assessment that (i) the former client is emotionally dependent on the social worker or new text end 48.34 new text begin continues to relate to the social worker as a client, or (ii) the social worker is emotionally new text end 48.35 new text begin dependent on the client or continues to relate to the former client as a social worker. new text end 49.1     new text begin Subd. 7. new text end new text begin Sexual conduct with a client. new text end new text begin A social worker must not engage in or new text end 49.2 new text begin suggest sexual conduct with a client. new text end 49.3     new text begin Subd. 8. new text end new text begin Sexual conduct with a former client. new text end new text begin (a) A social worker who has new text end 49.4 new text begin engaged in diagnosing, counseling, or treating a client with mental, emotional, or new text end 49.5 new text begin behavioral disorders must not engage in or suggest sexual conduct with the former client new text end 49.6 new text begin under any circumstances for a period of two years following the termination of the new text end 49.7 new text begin professional relationship. After two years following the termination of the professional new text end 49.8 new text begin relationship, a social worker who has engaged in diagnosing, counseling, or treating a new text end 49.9 new text begin client with mental, emotional, or behavioral disorder must not engage in or suggest sexual new text end 49.10 new text begin conduct with the former client under any circumstances unless: new text end 49.11 new text begin (1) the social worker did not intentionally or unintentionally coerce, exploit, deceive, new text end 49.12 new text begin or manipulate the former client at any time; new text end 49.13 new text begin (2) the social worker did not represent to the former client that sexual conduct with new text end 49.14 new text begin the social worker is consistent with or part of the client's treatment; new text end 49.15 new text begin (3) the social worker's sexual conduct was not detrimental to the former client at new text end 49.16 new text begin any time; new text end 49.17 new text begin (4) the former client is not emotionally dependent on the social worker and does new text end 49.18 new text begin not continue to relate to the social worker as a client; and new text end 49.19 new text begin (5) the social worker is not emotionally dependent on the client and does not new text end 49.20 new text begin continue to relate to the former client as a social worker. new text end 49.21 new text begin (b) If there is an alleged violation of paragraph (a), the social worker assumes the new text end 49.22 new text begin full burden of demonstrating to the board that the social worker did not intentionally or new text end 49.23 new text begin unintentionally coerce, exploit, deceive, or manipulate the client, and the social worker's new text end 49.24 new text begin sexual conduct was not detrimental to the client at any time. Upon request, a social worker new text end 49.25 new text begin must provide information to the board addressing: new text end 49.26 new text begin (1) the amount of time that has passed since termination of services; new text end 49.27 new text begin (2) the duration, intensity, and nature of services; new text end 49.28 new text begin (3) the circumstances of termination of services; new text end 49.29 new text begin (4) the former client's emotional, mental, and behavioral history; new text end 49.30 new text begin (5) the former client's current emotional, mental, and behavioral status; new text end 49.31 new text begin (6) the likelihood of adverse impact on the former client; and new text end 49.32 new text begin (7) the existence of actions, conduct, or statements made by the social worker during new text end 49.33 new text begin the course of services suggesting or inviting the possibility of a sexual relationship with new text end 49.34 new text begin the client following termination of services. new text end 49.35 new text begin (c) A social worker who has provided social work services other than those new text end 49.36 new text begin described in paragraph (a) to a client must not engage in or suggest sexual conduct new text end 50.1 new text begin with the former client if a reasonable and prudent social worker would conclude after new text end 50.2 new text begin appropriate assessment that engaging in such behavior with the former client would create new text end 50.3 new text begin an unacceptable risk of harm to the former client. new text end 50.4     new text begin Subd. 9. new text end new text begin Sexual conduct with student, supervisee, or intern. new text end new text begin (a) A social worker new text end 50.5 new text begin must not engage in or suggest sexual conduct with a student while the social worker has new text end 50.6 new text begin authority over any part of the student's academic program. new text end 50.7 new text begin (b) A social worker supervising an intern must not engage in or suggest sexual new text end 50.8 new text begin conduct with the intern during the course of the internship. new text end 50.9 new text begin (c) A social worker practicing social work as a supervisor must not engage in or new text end 50.10 new text begin suggest sexual conduct with a supervisee during the period of supervision. new text end 50.11     new text begin Subd. 10. new text end new text begin Sexual harassment. new text end new text begin A social worker must not engage in any physical, new text end 50.12 new text begin oral, written, or electronic behavior that a client, former client, student, supervisee, or new text end 50.13 new text begin intern may reasonably interpret as sexually harassing or sexually demeaning. new text end 50.14     new text begin Subd. 11. new text end new text begin Business relationship with client. new text end new text begin A social worker must not purchase new text end 50.15 new text begin goods or services from a client or otherwise engage in a business relationship with a new text end 50.16 new text begin client except when: new text end 50.17 new text begin (1) a social worker purchases goods or services from the client and a reasonable and new text end 50.18 new text begin prudent social worker would determine that it is not practical or reasonable to obtain the new text end 50.19 new text begin goods or services from another provider; and new text end 50.20 new text begin (2) engaging in the business relationship will not be detrimental to the client or the new text end 50.21 new text begin professional relationship. new text end 50.22     new text begin Subd. 12. new text end new text begin Business relationship with former client. new text end new text begin A social worker may purchase new text end 50.23 new text begin goods or services from a former client or otherwise engage in a business relationship with new text end 50.24 new text begin a former client after appropriate termination of the professional relationship unless a new text end 50.25 new text begin reasonable and prudent social worker would conclude after appropriate assessment that: new text end 50.26 new text begin (1) the former client is emotionally dependent on the social worker and purchasing new text end 50.27 new text begin goods or services from the former client or otherwise engaging in a business relationship new text end 50.28 new text begin with the former client would be detrimental to the former client; or new text end 50.29 new text begin (2) the social worker is emotionally dependent on the former client and purchasing new text end 50.30 new text begin goods or services from the former client or otherwise engaging in a business relationship new text end 50.31 new text begin with the former client would be detrimental to the former client. new text end 50.32     new text begin Subd. 13. new text end new text begin Previous sexual, personal, or business relationship. new text end new text begin (a) A social worker new text end 50.33 new text begin must not engage in a social worker/client relationship with an individual with whom the new text end 50.34 new text begin social worker had a previous sexual relationship. new text end 50.35 new text begin (b) A social worker must not engage in a social worker/client relationship with an new text end 50.36 new text begin individual with whom the social worker had a previous personal or business relationship if new text end 51.1 new text begin a reasonable and prudent social worker would conclude after appropriate assessment that new text end 51.2 new text begin the social worker/client relationship would create an unacceptable risk of client harm or new text end 51.3 new text begin that the social worker's objectivity or professional judgment may be impaired. new text end 51.4     new text begin Subd. 14. new text end new text begin Giving alcohol or other drugs to client. new text end new text begin (a) Unless authorized by law, a new text end 51.5 new text begin social worker must not offer medication or controlled substances to a client. new text end 51.6 new text begin (b) A social worker must not accept medication or controlled substances from a new text end 51.7 new text begin client except that if authorized by law, a social worker may accept medication or controlled new text end 51.8 new text begin substances from a client for purposes of disposal or to monitor use. new text end 51.9 new text begin (c) A social worker must not offer alcoholic beverages to a client except when new text end 51.10 new text begin the offer is authorized or prescribed by a physician or is offered according to a client's new text end 51.11 new text begin care plan. new text end 51.12 new text begin (d) A social worker must not accept alcoholic beverages from a client. new text end 51.13     new text begin Subd. 15. new text end new text begin Relationship with client's family or household member. new text end new text begin Subdivisions new text end 51.14 new text begin 1 to 14 apply to a social worker's relationship with a client's family or household member new text end 51.15 new text begin when a reasonable and prudent social worker would conclude after appropriate assessment new text end 51.16 new text begin that a relationship with a family or household member would create an unacceptable new text end 51.17 new text begin risk of harm to the client. new text end 51.18    Sec. 46. new text begin [148E.225] TREATMENT AND INTERVENTION SERVICES. new text end 51.19     new text begin Subdivision 1. new text end new text begin Assessment or diagnosis. new text end new text begin A social worker must base treatment and new text end 51.20 new text begin intervention services on an assessment or diagnosis. A social worker must evaluate, on an new text end 51.21 new text begin ongoing basis, the appropriateness of the assessment or diagnosis. new text end 51.22     new text begin Subd. 2. new text end new text begin Assessment or diagnostic instruments. new text end new text begin A social worker must not use new text end 51.23 new text begin an assessment or diagnostic instrument without adequate training. A social worker new text end 51.24 new text begin must follow standards and accepted procedures for using an assessment or diagnostic new text end 51.25 new text begin instrument. A social worker must inform a client of the purpose before administering the new text end 51.26 new text begin instrument and must make the results available to the client. new text end 51.27     new text begin Subd. 3. new text end new text begin Plan for services. new text end new text begin A social worker must develop a plan for services that new text end 51.28 new text begin includes goals based on the assessment or diagnosis. A social worker must evaluate, on an new text end 51.29 new text begin ongoing basis, the appropriateness of the plan and the client's progress toward the goals. new text end 51.30     new text begin Subd. 4. new text end new text begin Records. new text end new text begin (a) A social worker must make and maintain current and new text end 51.31 new text begin accurate records, appropriate to the circumstances, of all services provided to a client. At new text end 51.32 new text begin a minimum, the records must contain documentation of: new text end 51.33 new text begin (1) the assessment or diagnosis; new text end 51.34 new text begin (2) the content of the service plan; new text end 51.35 new text begin (3) progress with the plan and any revisions of assessment, diagnosis, or plan; new text end 52.1 new text begin (4) any fees charged and payments made; new text end 52.2 new text begin (5) copies of all client-written authorizations for release of information; and new text end 52.3 new text begin (6) other information necessary to provide appropriate services. new text end 52.4 new text begin (b) These records must be maintained by the social worker for at least seven years new text end 52.5 new text begin after the last date of service to the client. Social workers who are employed by an agency new text end 52.6 new text begin or other entity are not required to: new text end 52.7 new text begin (1) maintain personal or separate records; or new text end 52.8 new text begin (2) personally retain records at the conclusion of their employment. new text end 52.9     new text begin Subd. 5. new text end new text begin Termination of services. new text end new text begin A social worker must terminate a professional new text end 52.10 new text begin relationship with a client when the social worker reasonably determines that the client new text end 52.11 new text begin is not likely to benefit from continued services or the services are no longer needed, new text end 52.12 new text begin unless the social worker is required by law to provide services. A social worker who new text end 52.13 new text begin anticipates terminating services must give reasonable notice to the client in a manner that new text end 52.14 new text begin is appropriate to the needs of the client. The social worker must provide appropriate new text end 52.15 new text begin referrals as needed or upon request of the client. new text end 52.16    Sec. 47. new text begin [148E.230] CONFIDENTIALITY AND RECORDS. new text end 52.17     new text begin Subdivision 1. new text end new text begin Informed consent. new text end new text begin (a) A social worker must obtain valid, informed new text end 52.18 new text begin consent, appropriate to the circumstances, before providing services to clients. When new text end 52.19 new text begin obtaining informed consent, the social worker must determine whether the client has the new text end 52.20 new text begin capacity to provide informed consent. If the client does not have the capacity to provide new text end 52.21 new text begin consent, the social worker must obtain consent for the services from the client's legal new text end 52.22 new text begin representative. The social worker must not provide services, unless authorized or required new text end 52.23 new text begin by law, if the client or the client's legal representative does not consent to the services. new text end 52.24 new text begin (b) If a social worker determines that a client does not have the capacity to provide new text end 52.25 new text begin consent, and the client does not have a legal representative, the social worker: new text end 52.26 new text begin (1) must, except as provided in clause (2), secure a legal representative for a client new text end 52.27 new text begin before providing services; or new text end 52.28 new text begin (2) may, notwithstanding clause (1), provide services, except when prohibited by new text end 52.29 new text begin other applicable law, that are necessary to ensure the client's safety or to preserve the new text end 52.30 new text begin client's property or financial resources. new text end 52.31 new text begin (c) A social worker must use clear and understandable language, including using an new text end 52.32 new text begin interpreter proficient in the client's primary language as necessary, to inform clients of new text end 52.33 new text begin the plan of services, risks related to the plan, limits to services, relevant costs, terms of new text end 52.34 new text begin payment, reasonable alternatives, the client's right to refuse or withdraw consent, and the new text end 52.35 new text begin time frame covered by the consent. new text end 53.1     new text begin Subd. 2. new text end new text begin Mandatory reporting and disclosure of client information. new text end new text begin At the new text end 53.2 new text begin beginning of a professional relationship and during the professional relationship as new text end 53.3 new text begin necessary and appropriate, a social worker must inform the client of those circumstances new text end 53.4 new text begin under which the social worker may be required to disclose client information specified in new text end 53.5 new text begin subdivision 3, paragraph (a), without the client's consent. new text end 53.6     new text begin Subd. 3. new text end new text begin Confidentiality of client information. new text end new text begin (a) A social worker must ensure the new text end 53.7 new text begin confidentiality of all client information obtained in the course of the social worker/client new text end 53.8 new text begin relationship and all client information otherwise obtained by the social worker that is new text end 53.9 new text begin relevant to the social worker/client relationship. Except as provided in this section, new text end 53.10 new text begin client information may be disclosed or released only with the client's or the client's legal new text end 53.11 new text begin representative's valid informed consent, appropriate to the circumstances, except when new text end 53.12 new text begin otherwise required by law. A social worker must seek consent to disclose or release new text end 53.13 new text begin client information only when such disclosure or release is necessary to provide social new text end 53.14 new text begin work services. new text end 53.15 new text begin (b) A social worker must continue to maintain confidentiality of the client new text end 53.16 new text begin information specified in paragraph (a) upon termination of the professional relationship new text end 53.17 new text begin including upon the death of the client, except as provided under this section or other new text end 53.18 new text begin applicable law. new text end 53.19 new text begin (c) A social worker must limit access to the client information specified in paragraph new text end 53.20 new text begin (a) in a social worker's agency to appropriate agency staff whose duties require access. new text end 53.21     new text begin Subd. 4. new text end new text begin Release of client information with written informed consent. new text end new text begin (a) Except new text end 53.22 new text begin as provided in subdivision 5, client information specified in subdivision 3, paragraph (a), new text end 53.23 new text begin may be released only with the client's or the client's legal representative's written informed new text end 53.24 new text begin consent. The written informed consent must: new text end 53.25 new text begin (1) explain to whom the client's records may be released; new text end 53.26 new text begin (2) explain the purpose for the release; and new text end 53.27 new text begin (3) state an expiration date for the authorized release of the records. new text end 53.28 new text begin (b) A social worker may provide client information specified in subdivision 3, new text end 53.29 new text begin paragraph (a), to a third party for the purpose of payment for services rendered only new text end 53.30 new text begin with the client's written informed consent. new text end 53.31 new text begin (c) Except as provided in subdivision 5, a social worker may disclose client new text end 53.32 new text begin information specified in subdivision 3, paragraph (a), only with the client's or the client's new text end 53.33 new text begin legal representative's written informed consent. When it is not practical to obtain written new text end 53.34 new text begin informed consent before providing necessary services, a social worker may disclose new text end 53.35 new text begin or release client information with the client's or the client's legal representative's oral new text end 53.36 new text begin informed consent. new text end 54.1 new text begin (d) Unless otherwise authorized by law, a social worker must obtain a client's written new text end 54.2 new text begin informed consent before taking a photograph of the client or making an audio or video new text end 54.3 new text begin recording of the client, or allowing a third party to do the same. The written informed new text end 54.4 new text begin consent must explain: new text end 54.5 new text begin (1) the purpose of the photograph or the recording and how the photograph or new text end 54.6 new text begin recording will be used, how it will be stored, and when it will be destroyed; and new text end 54.7 new text begin (2) how the client may have access to the photograph or recording. new text end 54.8     new text begin Subd. 5. new text end new text begin Release of client information without written informed consent. new text end new text begin (a) A new text end 54.9 new text begin social worker may disclose client information specified in subdivision 3, paragraph (a), new text end 54.10 new text begin without the written consent of the client or the client's legal representative only under the new text end 54.11 new text begin following circumstances or under the circumstances described in paragraph (b): new text end 54.12 new text begin (1) when mandated or authorized by federal or state law, including the mandatory new text end 54.13 new text begin reporting requirements under the duty to warn, maltreatment of minors, and vulnerable new text end 54.14 new text begin adult laws specified in section new text end new text begin 148E.240, subdivisions 6 to 8 new text end new text begin ; new text end 54.15 new text begin (2) when the board issues a subpoena to the social worker; or new text end 54.16 new text begin (3) when a court of competent jurisdiction orders release of the client records new text end 54.17 new text begin or information. new text end 54.18 new text begin (b) When providing services authorized or required by law to a client who does new text end 54.19 new text begin not have the capacity to provide consent and who does not have a legal representative, new text end 54.20 new text begin a social worker must disclose or release client records or information as necessary to new text end 54.21 new text begin provide services to ensure the client's safety or to preserve the client's property or financial new text end 54.22 new text begin resources. new text end 54.23     new text begin Subd. 6. new text end new text begin Release of client records or information. new text end new text begin When releasing client records new text end 54.24 new text begin or information under this section, a social worker must release current, accurate, and new text end 54.25 new text begin complete records or information. new text end 54.26    Sec. 48. new text begin [148E.235] FEES AND BILLING PRACTICES. new text end 54.27     new text begin Subdivision 1. new text end new text begin Fees and payments. new text end new text begin (a) A social worker must ensure that a client or new text end 54.28 new text begin a client's legal representative is informed of all fees at the initial session or meeting with new text end 54.29 new text begin the client, and that payment for services is arranged with the client or the client's legal new text end 54.30 new text begin representative at the beginning of the professional relationship. Upon request from a client new text end 54.31 new text begin or a client's legal representative, a social worker must provide in a timely manner a written new text end 54.32 new text begin payment plan or a written explanation of the charges for any services rendered. new text end 54.33 new text begin (b) When providing services authorized or required by law to a client who does not new text end 54.34 new text begin have the capacity to provide consent and who does not have a legal representative, a social new text end 54.35 new text begin worker may submit reasonable bills to an appropriate payer for services provided. new text end 55.1     new text begin Subd. 2. new text end new text begin Billing for services not provided. new text end new text begin A social worker must not bill for new text end 55.2 new text begin services that have not been provided except that, with prior notice to the client, a social new text end 55.3 new text begin worker may bill for failed appointments or for cancellations without sufficient notice. A new text end 55.4 new text begin social worker may bill only for provided services which are necessary and appropriate. new text end 55.5 new text begin Financial responsibility for failed appointment billings resides solely with the client and new text end 55.6 new text begin such costs may not be billed to public or private payers. new text end 55.7     new text begin Subd. 3. new text end new text begin No payment for referrals. new text end new text begin A social worker must not accept or give a new text end 55.8 new text begin commission, rebate, or other form of remuneration solely or primarily to profit from the new text end 55.9 new text begin referral of a client. new text end 55.10     new text begin Subd. 4. new text end new text begin Fees and billing practices. new text end new text begin A social worker must not engage in improper new text end 55.11 new text begin or fraudulent billing practices, including, but not limited to, violations of the federal new text end 55.12 new text begin Medicare and Medicaid laws or state medical assistance laws. new text end 55.13    Sec. 49. new text begin [148E.240] REPORTING REQUIREMENTS. new text end 55.14     new text begin Subdivision 1. new text end new text begin Failure to self-report adverse actions. new text end new text begin The board has grounds to new text end 55.15 new text begin take action under sections new text end new text begin to new text end new text begin when a social worker fails to report to new text end 55.16 new text begin the board within 90 days: new text end 55.17 new text begin (1) having been disciplined, sanctioned, or found to have violated a state, territorial, new text end 55.18 new text begin provincial, or foreign licensing agency's laws or rules; new text end 55.19 new text begin (2) having been convicted of committing a felony, gross misdemeanor, or new text end 55.20 new text begin misdemeanor reasonably related to the practice of social work; new text end 55.21 new text begin (3) having had a finding or verdict of guilt, whether or not the adjudication of guilt new text end 55.22 new text begin is withheld or not entered, of committing a felony, gross misdemeanor, or misdemeanor new text end 55.23 new text begin reasonably related to the practice of social work; new text end 55.24 new text begin (4) having admitted to committing, or entering a no contest plea to committing, a new text end 55.25 new text begin felony, gross misdemeanor, or misdemeanor reasonably related to the practice of social new text end 55.26 new text begin work; or new text end 55.27 new text begin (5) having been denied licensure by a state, territorial, provincial, or foreign new text end 55.28 new text begin licensing agency. new text end 55.29     new text begin Subd. 2. new text end new text begin Failure to submit application information. new text end new text begin The board has grounds to new text end 55.30 new text begin take action under sections new text end new text begin to new text end new text begin when an applicant or licensee fails to new text end 55.31 new text begin submit with an application the following information: new text end 55.32 new text begin (1) the dates and dispositions of any malpractice settlements or awards made relating new text end 55.33 new text begin to the social work services provided by the applicant or licensee; or new text end 55.34 new text begin (2) the dates and dispositions of any civil litigations or arbitrations relating to the new text end 55.35 new text begin social work services provided by the applicant or licensee. new text end 56.1     new text begin Subd. 3. new text end new text begin Reporting other licensed health professionals. new text end new text begin An applicant or licensee new text end 56.2 new text begin must report to the appropriate health-related licensing board conduct by a licensed health new text end 56.3 new text begin professional which would constitute grounds for disciplinary action under the statutes new text end 56.4 new text begin and rules enforced by that board. new text end 56.5     new text begin Subd. 4. new text end new text begin Reporting unlicensed practice. new text end new text begin An applicant or licensee must report new text end 56.6 new text begin to the board conduct by an unlicensed person which constitutes the practice of social new text end 56.7 new text begin work, as defined in section new text end new text begin , except when the unlicensed person is exempt from new text end 56.8 new text begin licensure according to section new text end new text begin . new text end 56.9     new text begin Subd. 5. new text end new text begin Failure to report other applicants or licensees; unlicensed practice. new text end 56.10 new text begin The board has grounds to take action under sections new text end new text begin to new text end new text begin when an new text end 56.11 new text begin applicant or licensee fails to report to the board conduct: new text end 56.12 new text begin (1) by another licensee or applicant which the applicant or licensee has reason to new text end 56.13 new text begin believe may reasonably constitute grounds for disciplinary action under this section; or new text end 56.14 new text begin (2) by an unlicensed person that constitutes the practice of social work when a new text end 56.15 new text begin license is required to practice social work. new text end 56.16     new text begin Subd. 6. new text end new text begin Duty to warn. new text end new text begin A licensee must comply with the duty to warn established new text end 56.17 new text begin by section new text end new text begin . new text end 56.18     new text begin Subd. 7. new text end new text begin Reporting maltreatment of minors. new text end new text begin An applicant or licensee must new text end 56.19 new text begin comply with the reporting of maltreatment of minors established by section new text end new text begin . new text end 56.20     new text begin Subd. 8. new text end new text begin Reporting maltreatment of vulnerable adults. new text end new text begin An applicant or licensee new text end 56.21 new text begin must comply with the reporting of maltreatment of vulnerable adults established by new text end 56.22 new text begin section new text end new text begin . new text end 56.23     new text begin Subd. 9. new text end new text begin Subpoenas. new text end new text begin The board may issue subpoenas according to section new text end 56.24 new text begin and chapter 214 for the production of any reports required by this section or new text end 56.25 new text begin any related documents. new text end 56.26    Sec. 50. new text begin [148E.245] INVESTIGATIVE POWERS AND PROCEDURES. new text end 56.27     new text begin Subdivision 1. new text end new text begin Subpoenas. new text end new text begin (a) The board may issue subpoenas and compel the new text end 56.28 new text begin attendance of witnesses and the production of all necessary papers, books, records, new text end 56.29 new text begin documents, and other evidentiary material as part of its investigation of an applicant or new text end 56.30 new text begin licensee under this section or chapter 214. new text end 56.31 new text begin (b) If any person fails or refuses to appear or testify regarding any matter about which new text end 56.32 new text begin the person may be lawfully questioned, or fails or refuses to produce any papers, books, new text end 56.33 new text begin records, documents, or other evidentiary materials in the matter to be heard, after having new text end 56.34 new text begin been required by order of the board or by a subpoena of the board to do so, the board may new text end 56.35 new text begin institute a proceeding in any district court to enforce the board's order or subpoena. new text end 57.1 new text begin (c) The board or a designated member of the board acting on behalf of the board new text end 57.2 new text begin may issue subpoenas or administer oaths to witnesses or take affirmations. Depositions new text end 57.3 new text begin may be taken within or out of the state in the manner provided by law for the taking of new text end 57.4 new text begin depositions in civil actions. new text end 57.5 new text begin (d) A subpoena or other process or paper may be served upon any person named new text end 57.6 new text begin therein, by mail or by any officer authorized to serve subpoenas or other process or paper new text end 57.7 new text begin in civil actions, with the same fees and mileage and in the same manner as prescribed by new text end 57.8 new text begin law for service of process issued out of the district court of this state. new text end 57.9 new text begin (e) Fees, mileage, and other costs must be paid as the board directs. new text end 57.10     new text begin Subd. 2. new text end new text begin Classification of data. new text end new text begin (a) Any records obtained as part of an investigation new text end 57.11 new text begin must be treated as investigative data under section new text end new text begin and be classified as confidential new text end 57.12 new text begin data. new text end 57.13 new text begin (b) Notwithstanding paragraph (a), client records must be treated as private data new text end 57.14 new text begin under chapter 13. Client records must be protected as private data in the records of the new text end 57.15 new text begin board and in administrative or judicial proceedings unless the client authorizes the board new text end 57.16 new text begin in writing to make public the identity of the client or a portion or all of the client's records. new text end 57.17     new text begin Subd. 3. new text end new text begin Mental or physical examination; chemical dependency evaluation. new text end new text begin (a) new text end 57.18 new text begin If the board (1) has probable cause to believe that an applicant or licensee has violated new text end 57.19 new text begin a statute or rule enforced by the board, or an order issued by the board and (2) believes new text end 57.20 new text begin the applicant may have a health-related condition relevant to the violation, the board may new text end 57.21 new text begin issue an order directing the applicant or licensee to submit to one or more of the following: new text end 57.22 new text begin a mental examination, a physical examination, or a chemical dependency evaluation. new text end 57.23 new text begin (b) An examination or evaluation order issued by the board must include: new text end 57.24 new text begin (1) factual specifications on which the order is based; new text end 57.25 new text begin (2) the purpose of the examination or evaluation; new text end 57.26 new text begin (3) the name of the person or entity that will conduct the examination or evaluation; new text end 57.27 new text begin and new text end 57.28 new text begin (4) the means by which the examination or evaluation will be paid for. new text end 57.29 new text begin (c) Every applicant or licensee must submit to a mental examination, a physical new text end 57.30 new text begin examination, or a chemical dependency evaluation when ordered to do so in writing new text end 57.31 new text begin by the board. new text end 57.32 new text begin (d) By submitting to a mental examination, a physical examination, or a chemical new text end 57.33 new text begin dependency evaluation, an applicant or licensee waives all objections to the admissibility new text end 57.34 new text begin of the examiner or evaluator's testimony or reports on the grounds that the testimony or new text end 57.35 new text begin reports constitute a privileged communication. new text end 58.1     new text begin Subd. 4. new text end new text begin Failure to submit to an examination. new text end new text begin (a) If an applicant or licensee fails new text end 58.2 new text begin to submit to an examination or evaluation ordered by the board according to subdivision 3, new text end 58.3 new text begin unless the failure was due to circumstances beyond the control of the applicant or licensee, new text end 58.4 new text begin the failure is an admission that the applicant or licensee violated a statute or rule enforced new text end 58.5 new text begin by the board as specified in the examination or evaluation order issued by the board. new text end 58.6 new text begin The failure may result in an application being denied or other adversarial, corrective, or new text end 58.7 new text begin disciplinary action being taken by the board without a contested case hearing. new text end 58.8 new text begin (b) If an applicant or licensee requests a contested case hearing after the board new text end 58.9 new text begin denies an application or takes other disciplinary or adversarial action, the only issues new text end 58.10 new text begin which may be determined at the hearing are: new text end 58.11 new text begin (1) whether the board had probable cause to issue the examination or evaluation new text end 58.12 new text begin order; and new text end 58.13 new text begin (2) whether the failure to submit to the examination or evaluation was due to new text end 58.14 new text begin circumstances beyond the control of the applicant or licensee. new text end 58.15 new text begin (c) Neither the record of a proceeding under this subdivision nor an order issued new text end 58.16 new text begin by the board may be admissible, subject to subpoena, or be used against the applicant or new text end 58.17 new text begin licensee in a proceeding in which the board is not a party or decision maker. new text end 58.18 new text begin (d) Information obtained under this subdivision must be treated as private data under new text end 58.19 new text begin chapter 13. An order issued by the board as the result of an applicant's or licensee's failure new text end 58.20 new text begin to submit to an examination or evaluation must be treated as public data under chapter 13. new text end 58.21     new text begin Subd. 5. new text end new text begin Access to data and records. new text end new text begin (a) In addition to ordering a physical or new text end 58.22 new text begin mental examination or chemical dependency evaluation, and notwithstanding section new text end 58.23 new text begin , new text end new text begin , new text end new text begin , or any other statute limiting access to health records, the board new text end 58.24 new text begin or a designated member of the board acting on behalf of the board may subpoena physical, new text end 58.25 new text begin mental, and chemical dependency health records relating to an applicant or licensee new text end 58.26 new text begin without the applicant's or licensee's consent if: new text end 58.27 new text begin (1) the board has probable cause to believe that the applicant or licensee has violated new text end 58.28 new text begin chapter 214, a statute or rule enforced by the board, or an order issued by the board; and new text end 58.29 new text begin (2) the board has reason to believe that the records are relevant and necessary to the new text end 58.30 new text begin investigation. new text end 58.31 new text begin (b) An applicant, licensee, insurance company, government agency, health care new text end 58.32 new text begin facility, or provider as defined in section new text end new text begin 144.335, subdivision 1 new text end new text begin , paragraph (b), must new text end 58.33 new text begin comply with any subpoena of the board under this subdivision and is not liable in new text end 58.34 new text begin any action for damages for releasing information subpoenaed by the board under this new text end 58.35 new text begin subdivision unless the information provided is false and the person or entity providing the new text end 58.36 new text begin information knew or had reason to know that the information was false. new text end 59.1 new text begin (c) Information on individuals obtained under this subdivision must be treated as new text end 59.2 new text begin investigative data under section new text end new text begin and be classified as confidential data. new text end 59.3 new text begin (d) If an applicant, licensee, person, or entity does not comply with any subpoena of new text end 59.4 new text begin the board under this subdivision, the board may institute a proceeding in any district court new text end 59.5 new text begin to enforce the board's subpoena. new text end 59.6     new text begin Subd. 6. new text end new text begin Evidence of past sexual conduct. new text end new text begin If, in a proceeding for taking action new text end 59.7 new text begin against an applicant or licensee under this section, the charges involve sexual contact with new text end 59.8 new text begin a client or former client, the board or administrative law judge must not consider evidence new text end 59.9 new text begin of the client's or former client's previous sexual conduct. Reference to the client's or new text end 59.10 new text begin former client's previous sexual conduct must not be made during the proceedings or in the new text end 59.11 new text begin findings, except by motion of the complainant, unless the evidence would be admissible new text end 59.12 new text begin under the applicable provisions of section new text end new text begin 609.347, subdivision 3 new text end new text begin . new text end 59.13     new text begin Subd. 7. new text end new text begin Investigations involving vulnerable adults or children in need of new text end 59.14 new text begin protection. new text end new text begin (a) Except as provided in paragraph (b), if the board receives a complaint new text end 59.15 new text begin about a social worker regarding the social worker's involvement in a case of vulnerable new text end 59.16 new text begin adults or children in need of protection, the county or other appropriate public authority new text end 59.17 new text begin may request that the board suspend its investigation, and the board must comply until such new text end 59.18 new text begin time as the court issues its findings on the case. new text end 59.19 new text begin (b) Notwithstanding paragraph (a), the board may continue with an investigation if new text end 59.20 new text begin the board determines that doing so is in the best interests of the vulnerable adult or child new text end 59.21 new text begin and is consistent with the board's obligation to protect the public. If the board chooses to new text end 59.22 new text begin continue an investigation, the board must notify the county or other appropriate public new text end 59.23 new text begin authority in writing and state its reasons for doing so. new text end 59.24     new text begin Subd. 8. new text end new text begin Notification of complainant. new text end new text begin (a) In no more than 14 calendar days after new text end 59.25 new text begin receiving a complaint regarding a licensee, the board must notify the complainant that the new text end 59.26 new text begin board has received the complaint. new text end 59.27 new text begin (b) The board must periodically notify the complainant of the status of the complaint. new text end 59.28     new text begin Subd. 9. new text end new text begin Notification of licensee. new text end new text begin (a) Except as provided in paragraph (b), in no new text end 59.29 new text begin more than 60 calendar days after receiving a complaint regarding a licensee, the board must new text end 59.30 new text begin notify the licensee that the board has received the complaint and inform the licensee of: new text end 59.31 new text begin (1) the substance of the complaint; new text end 59.32 new text begin (2) the sections of the law that allegedly have been violated; and new text end 59.33 new text begin (3) whether an investigation is being conducted. new text end 59.34 new text begin (b) Paragraph (a) does not apply if: new text end 59.35 new text begin (1) the board determines that such notice would compromise the board's investigation new text end 59.36 new text begin according to section new text end new text begin ; or new text end 60.1 new text begin (2) the board determines that such notice cannot reasonably be accomplished within new text end 60.2 new text begin this time. new text end 60.3 new text begin (c) The board must periodically notify the licensee of the status of the complaint. new text end 60.4     new text begin Subd. 10. new text end new text begin Resolution of complaints. new text end new text begin In no more than one year after receiving a new text end 60.5 new text begin complaint regarding a licensee, the board must resolve or dismiss the complaint unless new text end 60.6 new text begin the board determines that resolving or dismissing the complaint cannot reasonably be new text end 60.7 new text begin accomplished within this time. new text end 60.8    Sec. 51. new text begin [148E.250] OBLIGATION TO COOPERATE. new text end 60.9     new text begin Subdivision 1. new text end new text begin Obligation to cooperate. new text end new text begin An applicant or licensee who is the subject new text end 60.10 new text begin of an investigation, or who is questioned by or on behalf of the board in connection with new text end 60.11 new text begin an investigation, must cooperate fully with the investigation. Cooperation includes, but is new text end 60.12 new text begin not limited to: new text end 60.13 new text begin (1) responding fully and promptly to any question relating to the investigation; new text end 60.14 new text begin (2) as reasonably requested by the board, providing copies of client and other records new text end 60.15 new text begin in the applicant's or licensee's possession relating to the investigation; new text end 60.16 new text begin (3) executing release of records as reasonably requested by the board; and new text end 60.17 new text begin (4) appearing at conferences, hearings, or meetings scheduled by the board, as new text end 60.18 new text begin required in sections new text end new text begin to new text end new text begin and chapter 214. new text end 60.19     new text begin Subd. 2. new text end new text begin Investigation. new text end new text begin A social worker must not knowingly withhold relevant new text end 60.20 new text begin information, give false or misleading information, or do anything to obstruct an new text end 60.21 new text begin investigation of the social worker or another social worker by the board or by another state new text end 60.22 new text begin or federal regulatory or law enforcement authority. new text end 60.23     new text begin Subd. 3. new text end new text begin Payment for copies. new text end new text begin The board must pay for copies requested by the board. new text end 60.24     new text begin Subd. 4. new text end new text begin Access to client records. new text end new text begin Notwithstanding any law to the contrary, an new text end 60.25 new text begin applicant or licensee must allow the board access to any records of a client provided new text end 60.26 new text begin services by the applicant or licensee under investigation. If the client has not signed a new text end 60.27 new text begin consent permitting access to the client's records, the applicant or licensee must delete any new text end 60.28 new text begin data in the records that identifies the client before providing the records to the board. new text end 60.29     new text begin Subd. 5. new text end new text begin Classification of data. new text end new text begin Any records obtained according to this subdivision new text end 60.30 new text begin must be treated as investigative data according to section new text end new text begin and be classified as new text end 60.31 new text begin confidential data. new text end 60.32    Sec. 52. new text begin [148E.255] TYPES OF ACTIONS. new text end 60.33     new text begin Subdivision 1. new text end new text begin Actions. new text end new text begin The board may take disciplinary action according to new text end 60.34 new text begin section new text end new text begin , adversarial but nondisciplinary action according to section new text end new text begin , new text end 61.1 new text begin or voluntary action according to section new text end new text begin . Any action taken under sections new text end 61.2 new text begin to new text end new text begin is public data. new text end 61.3     new text begin Subd. 2. new text end new text begin Disciplinary action. new text end new text begin For purposes of section new text end new text begin , "disciplinary new text end 61.4 new text begin action" means an action taken by the board against an applicant or licensee that addresses new text end 61.5 new text begin a complaint alleging a violation of a statute or rule the board is empowered to enforce. new text end 61.6     new text begin Subd. 3. new text end new text begin Adversarial but nondisciplinary action. new text end new text begin For purposes of section new text end 61.7 new text begin , "adversarial but nondisciplinary action" means a nondisciplinary action taken new text end 61.8 new text begin by the board that addresses a complaint alleging a violation of a statute or rule the board new text end 61.9 new text begin is empowered to enforce. new text end 61.10     new text begin Subd. 4. new text end new text begin Voluntary action. new text end new text begin For purposes of section new text end new text begin , "voluntary action" new text end 61.11 new text begin means a nondisciplinary action agreed to by the board or a designated board member and new text end 61.12 new text begin an applicant or licensee that, through educational or other corrective means, addresses a new text end 61.13 new text begin complaint alleging a violation of a statute or rule that the board is empowered to enforce. new text end 61.14    Sec. 53. new text begin [148E.260] DISCIPLINARY ACTIONS. new text end 61.15     new text begin Subdivision 1. new text end new text begin General disciplinary actions. new text end new text begin (a) When the board has grounds for new text end 61.16 new text begin disciplinary actions under this chapter, the board may take one or more of the following new text end 61.17 new text begin disciplinary actions: new text end 61.18 new text begin (1) deny an application; new text end 61.19 new text begin (2) permanently revoke a license to practice social work; new text end 61.20 new text begin (3) indefinitely or temporarily suspend a license to practice social work; new text end 61.21 new text begin (4) impose restrictions on a licensee's scope of practice; new text end 61.22 new text begin (5) impose conditions required for the licensee to maintain licensure, including, new text end 61.23 new text begin but not limited to, additional education, supervision, and requiring the passing of an new text end 61.24 new text begin examination provided for in section new text end new text begin ; new text end 61.25 new text begin (6) reprimand a licensee; new text end 61.26 new text begin (7) impose a civil penalty of up to $10,000 for each violation in order to discourage new text end 61.27 new text begin future violations or to deprive the licensee of any economic advantage gained by reason new text end 61.28 new text begin of the violation; or new text end 61.29 new text begin (8) impose a fee to reimburse the board for all or part of the cost of the proceedings new text end 61.30 new text begin resulting in disciplinary action, including, but not limited to, the amount paid by the board new text end 61.31 new text begin for services received from or expenses incurred by the Office of Administrative Hearings, new text end 61.32 new text begin the Office of the Attorney General, court reporters, witnesses, board members, board staff, new text end 61.33 new text begin or the amount paid by the board for reproducing records. new text end 62.1 new text begin (b) Disciplinary action taken by the board under this subdivision is in effect pending new text end 62.2 new text begin determination of an appeal unless the court, upon petition and for good cause shown, new text end 62.3 new text begin decides otherwise. new text end 62.4     new text begin Subd. 2. new text end new text begin Reprimands. new text end new text begin (a) In addition to the board's authority to issue a reprimand new text end 62.5 new text begin according to subdivision 1, a designated board member reviewing a complaint as provided new text end 62.6 new text begin for in chapter 214 may issue a reprimand to a licensee. The designated board member new text end 62.7 new text begin must notify the licensee that the reprimand will become final disciplinary action unless the new text end 62.8 new text begin licensee requests a hearing by the board within 14 calendar days. new text end 62.9 new text begin (b) If the licensee requests a hearing within 14 calendar days, the board must new text end 62.10 new text begin schedule a hearing unless the designated board member withdraws the reprimand. new text end 62.11 new text begin (c) The hearing must be scheduled within 14 working days of the time the licensee new text end 62.12 new text begin submits a request for the hearing. new text end 62.13 new text begin (d) The designated board member who issued the reprimand may participate in the new text end 62.14 new text begin hearing but must not deliberate or vote on the decision by the board. new text end 62.15 new text begin (e) The only evidence permitted at the hearing is affidavits or other documents new text end 62.16 new text begin except for testimony by the licensee or other witnesses whose testimony the board chair new text end 62.17 new text begin has authorized for good cause. new text end 62.18 new text begin (f) If testimony is authorized, the testimony is subject to cross-examination. new text end 62.19 new text begin (g) After the hearing, the board must affirm or dismiss the reprimand. new text end 62.20     new text begin Subd. 3. new text end new text begin Temporary suspensions. new text end new text begin (a) In addition to any other remedy provided new text end 62.21 new text begin by statute, the board or a designated board member may, without a hearing, temporarily new text end 62.22 new text begin suspend a license to practice social work if the board or the designated board member new text end 62.23 new text begin finds that: new text end 62.24 new text begin (1) the licensee has violated a statute or rule enforced by the board, any other federal new text end 62.25 new text begin or state law or rule related to the practice of social work, or an order, stipulation, or new text end 62.26 new text begin agreement agreed to or issued by the board; and new text end 62.27 new text begin (2) continued practice by the licensee would create a serious risk of harm to others. new text end 62.28 new text begin (b) The suspension is in effect upon service of a written order on the licensee new text end 62.29 new text begin specifying the statute, rule, order, stipulation, or agreement violated. Service of the order new text end 62.30 new text begin is effective if the order is served on the licensee or the licensee's attorney personally or new text end 62.31 new text begin by first class mail to the most recent address provided to the board for the licensee or the new text end 62.32 new text begin licensee's attorney. new text end 62.33 new text begin (c) The temporary suspension remains in effect until after the board issues an order new text end 62.34 new text begin according to paragraph (e), or if there is a contested case hearing, after the board issues a new text end 62.35 new text begin written final order according to paragraph (g). new text end 63.1 new text begin (d) If the licensee requests in writing within five calendar days of service of the new text end 63.2 new text begin order that the board hold a hearing, the board must hold a hearing on the sole issue of new text end 63.3 new text begin whether to continue, modify, or lift the suspension. The board must hold the hearing new text end 63.4 new text begin within ten working days of receipt of the licensee's written request. Evidence presented new text end 63.5 new text begin by the board or licensee must be in affidavit form only, except that the licensee or the new text end 63.6 new text begin licensee's attorney may present oral argument. new text end 63.7 new text begin (e) Within five working days after the hearing, the board must issue its order. If new text end 63.8 new text begin the licensee contests the order, the board must schedule a contested case hearing under new text end 63.9 new text begin chapter 14. The contested case hearing must be scheduled to occur within 45 calendar new text end 63.10 new text begin days after issuance of the order. new text end 63.11 new text begin (f) The administrative law judge must issue a report within 30 calendar days after new text end 63.12 new text begin the contested case hearing is concluded. new text end 63.13 new text begin (g) The board must issue a final order within 30 calendar days after the board new text end 63.14 new text begin receives the administrative law judge's report. new text end 63.15    Sec. 54. new text begin [148E.265] ADVERSARIAL BUT NONDISCIPLINARY ACTIONS. new text end 63.16     new text begin Subdivision 1. new text end new text begin Automatic suspensions. new text end new text begin (a) A license to practice social work is new text end 63.17 new text begin automatically suspended if: new text end 63.18 new text begin (1) a guardian of a licensee is appointed by order of a court according to sections new text end 63.19 new text begin and 524.5.102; or new text end 63.20 new text begin (2) the licensee is committed by order of a court according to chapter 253B. new text end 63.21 new text begin (b) A license remains suspended until: new text end 63.22 new text begin (1) the licensee is restored to capacity by a court; and new text end 63.23 new text begin (2) upon petition by the licensee and after a hearing or an agreement with the new text end 63.24 new text begin licensee, the board terminates the suspension. new text end 63.25 new text begin (c) If the board terminates the suspension, it may do so with or without conditions new text end 63.26 new text begin or restrictions, including, but not limited to, participation in the health professional new text end 63.27 new text begin services program. new text end 63.28     new text begin Subd. 2. new text end new text begin Cease and desist orders. new text end new text begin (a) The board or a designated board member new text end 63.29 new text begin may issue a cease and desist order to stop a person from engaging in unauthorized practice new text end 63.30 new text begin or from violating or threatening to violate a statute or rule enforced by the board or an new text end 63.31 new text begin order, stipulation, or agreement agreed to or issued by the board. new text end 63.32 new text begin (b) The cease and desist order must state the reason for its issuance and give notice new text end 63.33 new text begin of the person's right to request a hearing under sections new text end new text begin to new text end new text begin . If the person fails new text end 63.34 new text begin to request a hearing in writing postmarked within 15 calendar days after service of the new text end 64.1 new text begin cease and desist order, the order is the final order of the board and is not reviewable by new text end 64.2 new text begin a court or agency. new text end 64.3 new text begin (c) If the board receives a written request for a hearing postmarked within 15 new text end 64.4 new text begin calendar days after service of the cease and desist order, the board must schedule a hearing new text end 64.5 new text begin within 30 calendar days of receiving the request. new text end 64.6 new text begin (d) The administrative law judge must issue a report within 30 calendar days after new text end 64.7 new text begin the contested case hearing is concluded. new text end 64.8 new text begin (e) Within 30 calendar days after the board receives the administrative law judge's new text end 64.9 new text begin report, the board must issue a final order modifying, vacating, or making permanent new text end 64.10 new text begin the cease and desist order. The final order remains in effect until modified or vacated new text end 64.11 new text begin by the board. new text end 64.12 new text begin (f) If a person does not comply with a cease and desist order, the board may institute new text end 64.13 new text begin a proceeding in any district court to obtain injunctive relief or other appropriate relief, new text end 64.14 new text begin including but not limited to, a civil penalty payable to the board of up to $10,000 for new text end 64.15 new text begin each violation. new text end 64.16 new text begin (g) A cease and desist order issued according to this subdivision does not relieve a new text end 64.17 new text begin person from criminal prosecution by a competent authority or from disciplinary action new text end 64.18 new text begin by the board. new text end 64.19     new text begin Subd. 3. new text end new text begin Injunctive relief. new text end new text begin (a) In addition to any other remedy provided by law, the new text end 64.20 new text begin board may bring an action in district court for injunctive relief to restrain any unauthorized new text end 64.21 new text begin practice or violation or threatened violation of any statute or rule, stipulation, or agreement new text end 64.22 new text begin agreed to or enforced by the board or an order issued by the board. new text end 64.23 new text begin (b) A temporary restraining order may be granted in the proceeding if continued new text end 64.24 new text begin activity by a person would create an imminent risk of harm to others. new text end 64.25 new text begin (c) Injunctive relief granted according to this subdivision does not relieve a person new text end 64.26 new text begin from criminal prosecution by a competent authority or from disciplinary action by the new text end 64.27 new text begin board. new text end 64.28 new text begin (d) In bringing an action for injunctive relief, the board need not show irreparable new text end 64.29 new text begin harm. new text end 64.30    Sec. 55. new text begin [148E.270] VOLUNTARY ACTIONS. new text end 64.31     new text begin Subdivision 1. new text end new text begin Agreements for corrective action. new text end new text begin (a) The board or a designated new text end 64.32 new text begin board member may enter into an agreement for corrective action with an applicant or new text end 64.33 new text begin licensee when the board or a designated board member determines that a complaint new text end 64.34 new text begin alleging a violation of a statute or rule enforced by the board or an order issued by the new text end 65.1 new text begin board may best be resolved through an agreement for corrective action when disciplinary new text end 65.2 new text begin action is not required to protect the public. new text end 65.3 new text begin (b) An agreement for corrective action must: new text end 65.4 new text begin (1) be in writing; new text end 65.5 new text begin (2) specify the facts upon which the agreement is based; new text end 65.6 new text begin (3) clearly indicate the corrective action agreed upon; and new text end 65.7 new text begin (4) provide that the complaint that resulted in the agreement must be dismissed by the new text end 65.8 new text begin board or the designated board member upon successful completion of the corrective action. new text end 65.9 new text begin (c) The board or designated board member may determine successful completion new text end 65.10 new text begin when the applicant or licensee submits a request for dismissal that documents the new text end 65.11 new text begin applicant's or licensee's successful completion of the corrective action. The burden of new text end 65.12 new text begin proof is on the applicant or licensee to prove successful completion. new text end 65.13 new text begin (d) An agreement for corrective action is not disciplinary action but must be treated new text end 65.14 new text begin as public data under chapter 13. new text end 65.15 new text begin (e) The board may impose a fee to reimburse the board for all or part of the costs new text end 65.16 new text begin of the proceedings resulting in a corrective action, including, but not limited to, the new text end 65.17 new text begin amount paid by the board for services received from or expenses incurred by the Office new text end 65.18 new text begin of the Attorney General, board members, board staff, or the amount paid by the board new text end 65.19 new text begin for reproducing records. new text end 65.20 new text begin (f) The board or designated board member must not enter into an agreement for new text end 65.21 new text begin corrective action when the complaint alleged sexual conduct with a client unless there is new text end 65.22 new text begin insufficient evidence to justify disciplinary action but there is a basis for corrective action. new text end 65.23     new text begin Subd. 2. new text end new text begin Stipulations to cease practicing social work. new text end new text begin (a) The board or a new text end 65.24 new text begin designated board member may enter into a stipulation to cease practicing social work with new text end 65.25 new text begin a licensee if the board or designated board member determines that the licensee is unable new text end 65.26 new text begin to practice social work competently or safely or that the social worker's continued practice new text end 65.27 new text begin creates an unacceptable risk of safety to clients, potential clients, or the public. new text end 65.28 new text begin (b) A stipulation to cease practicing social work must: new text end 65.29 new text begin (1) be in writing; new text end 65.30 new text begin (2) specify the facts upon which the stipulation is based; new text end 65.31 new text begin (3) clearly indicate that the licensee must not practice social work and must not hold new text end 65.32 new text begin out to the public that the social worker is licensed; and new text end 65.33 new text begin (4) specify the term of the stipulation or when and under what circumstances the new text end 65.34 new text begin licensee may petition the board for termination of the stipulation. new text end 65.35 new text begin (c) A stipulation to cease practicing social work is not disciplinary action but must new text end 65.36 new text begin be treated as public data under chapter 13. new text end 66.1 new text begin (d) Nothing in this subdivision prevents the board or designated board member new text end 66.2 new text begin from taking any other disciplinary or adversarial action authorized by sections new text end new text begin new text end 66.3 new text begin to new text end new text begin in lieu of or in addition to entering into a stipulation to cease practicing new text end 66.4 new text begin social work. new text end 66.5    Sec. 56. new text begin [148E.275] UNAUTHORIZED PRACTICE. new text end 66.6 new text begin No individual may: new text end 66.7 new text begin (1) engage in the practice of social work without a social work license under new text end 66.8 new text begin sections new text end new text begin and new text end new text begin , except when the individual is exempt from licensure new text end 66.9 new text begin according to section new text end new text begin ; new text end 66.10 new text begin (2) provide social work services to a client who resides in this state when the new text end 66.11 new text begin individual providing the services is not licensed as a social worker according to sections new text end 66.12 new text begin to new text end new text begin , except when the individual is exempt from licensure according to new text end 66.13 new text begin section new text end new text begin . new text end 66.14    Sec. 57. new text begin [148E.280] USE OF TITLES. new text end 66.15 new text begin No individual may be presented to the public by any title incorporating the words new text end 66.16 new text begin "social work" or "social worker" or in the titles in section new text end new text begin , unless that individual new text end 66.17 new text begin holds a license under sections new text end new text begin and new text end new text begin , or practices in a setting exempt new text end 66.18 new text begin from licensure under section new text end new text begin . new text end 66.19    Sec. 58. new text begin [148E.285] REPORTING REQUIREMENTS. new text end 66.20     new text begin Subdivision 1. new text end new text begin Institutions. new text end new text begin A state agency, political subdivision, agency of a local new text end 66.21 new text begin unit of government, private agency, hospital, clinic, prepaid medical plan, or other health new text end 66.22 new text begin care institution or organization must report to the board: new text end 66.23 new text begin (1) any adversarial action, disciplinary action, or other sanction for conduct that new text end 66.24 new text begin might constitute grounds for action under section new text end new text begin ; new text end 66.25 new text begin (2) the resignation of any applicant or licensee prior to the conclusion of any new text end 66.26 new text begin proceeding for adversarial action, disciplinary action, or other sanction for conduct that new text end 66.27 new text begin might constitute grounds for action under section new text end new text begin ; or new text end 66.28 new text begin (3) the resignation of any applicant or licensee prior to the commencement of a new text end 66.29 new text begin proceeding for adversarial action, disciplinary action, or other sanction for conduct that new text end 66.30 new text begin might constitute grounds for action under section new text end new text begin , but after the applicant or new text end 66.31 new text begin licensee had knowledge that a proceeding was contemplated or in preparation. new text end 66.32     new text begin Subd. 2. new text end new text begin Professional societies and associations. new text end new text begin A state or local professional new text end 66.33 new text begin society or association whose members consist primarily of licensed social workers must new text end 67.1 new text begin report to the board any adversarial action, disciplinary action, or other sanction taken new text end 67.2 new text begin against a member. new text end 67.3     new text begin Subd. 3. new text end new text begin Immunity. new text end new text begin An individual, professional society or association, state agency, new text end 67.4 new text begin political subdivision, agency of a local unit of government, private agency, hospital, new text end 67.5 new text begin clinic, prepaid medical plan, other health care institution or organization or other entity is new text end 67.6 new text begin immune from civil liability or criminal prosecution for submitting in good faith a report new text end 67.7 new text begin under subdivision 1 or 2 or for otherwise reporting, providing information, or testifying new text end 67.8 new text begin about violations or alleged violations of this chapter. new text end 67.9    Sec. 59. new text begin [148E.290] PENALTIES. new text end 67.10 new text begin An individual or other entity that violates section new text end new text begin , new text end new text begin , or new text end new text begin new text end 67.11 new text begin is guilty of a misdemeanor. new text end 67.12    Sec. 60. new text begin REPEALER. new text end 67.13 new text begin Minnesota Statutes 2006, sections 148D.001; 148D.010; 148D.015; 148D.020; new text end 67.14 new text begin 148D.025; 148D.030; 148D.035; 148D.040; 148D.045; 148D.050; 148D.055; 148D.060; new text end 67.15 new text begin 148D.065; 148D.070; 148D.075; 148D.080; 148D.085; 148D.090; 148D.095; 148D.100; new text end 67.16 new text begin 148D.105; 148D.110; 148D.115; 148D.120; 148D.125; 148D.130; 148D.135; 148D.140; new text end 67.17 new text begin 148D.145; 148D.150; 148D.155; 148D.160; 148D.165; 148D.170; 148D.175; 148D.180; new text end 67.18 new text begin 148D.185; 148D.190; 148D.195; 148D.200; 148D.205; 148D.210; 148D.215; 148D.220; new text end 67.19 new text begin 148D.225; 148D.230; 148D.235; 148D.240; 148D.245; 148D.250; 148D.255; 148D.260; new text end 67.20 new text begin 148D.265; 148D.270; 148D.275; 148D.280; 148D.285; and 148D.290, new text end new text begin are repealed new text end 67.21 new text begin effective August 1, 2011. new text end 67.22    Sec. 61. new text begin EFFECTIVE DATE. new text end 67.23 new text begin This act is effective August 1, 2011. new text end