1.1A bill for an act1.2relating 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. [148E.001] CITATION.1.15This chapter may be cited as the "Minnesota Board of Social Work Practice Act."1.16    Sec. 2. [148E.010] DEFINITIONS.1.17    Subdivision 1.Scope.For the purpose of this chapter, the terms in this section 1.18have the meanings given.1.19    Subd. 2.Applicant."Applicant" means a person who submits an application to 1.20the board for a new license, a license renewal, a change in license, an inactive license, 1.21reactivation of a license, or a voluntary termination.1.22    Subd. 3.Application."Application" means an application to the board for a new 1.23license, a license renewal, a change in license, an inactive license, reactivation of a 1.24license, or voluntary termination.1.25    Subd. 4.Board."Board" means the Board of Social Work created under section 1.26148E.025.2.1    Subd. 5.Client."Client" means an individual, couple, family, group, community, or 2.2organization that receives or has received social work services as described in subdivision 2.39.2.4    Subd. 6.Clinical practice."Clinical practice" means applying professional 2.5social work knowledge, skills, and values in the differential diagnosis and treatment of 2.6psychosocial function, disability, or impairment, including addictions and emotional, 2.7mental, and behavioral disorders. Treatment includes a plan based on a differential 2.8diagnosis. Treatment may include, but is not limited to, the provision of psychotherapy to 2.9individuals, couples, families, and groups across the life span. Clinical social workers 2.10may also provide the services described in subdivision 11.2.11    Subd. 7.Clinical supervision."Clinical supervision" means supervision as defined 2.12in subdivision 18 of a social worker engaged in clinical practice as defined in subdivision 6.2.13    Subd. 8.Graduate degree."Graduate degree" means a master's degree in social 2.14work from a program accredited by the Council on Social Work Education, the Canadian 2.15Association of Schools of Social Work, or a similar accreditation body designated by the 2.16board; or a doctorate in social work from an accredited university.2.17    Subd. 9.Intern."Intern" means a student in field placement working under the 2.18supervision or direction of a social worker.2.19    Subd. 10.Person-in-environment perspective."Person-in-environment 2.20perspective" means viewing human behavior, development, and function in the context 2.21of one or more of the following: the environment, social functioning, mental health, 2.22and physical health.2.23    Subd. 11.Practice of social work."Practice of social work" means working 2.24to maintain, restore, or improve behavioral, cognitive, emotional, mental, or social 2.25functioning of clients, in a manner that applies accepted professional social work 2.26knowledge, skills, and values, including the person-in-environment perspective, by 2.27providing in person or through telephone, video conferencing, or electronic means one or 2.28more of the social work services described in clauses (1) to (3). Social work services may 2.29address conditions that impair or limit behavioral, cognitive, emotional, mental, or social 2.30functioning. Such conditions include, but are not limited to, the following: abuse and 2.31neglect of children or vulnerable adults, addictions, developmental disorders, disabilities, 2.32discrimination, illness, injuries, poverty, and trauma. Social work services include:2.33(1) providing assessment and intervention through direct contact with clients, 2.34developing a plan based on information from an assessment, and providing services which 2.35include, but are not limited to, assessment, case management, client-centered advocacy, 2.36client education, consultation, counseling, crisis intervention, and referral;3.1(2) providing for the direct or indirect benefit of clients through administrative, 3.2educational, policy, or research services including, but not limited to:3.3(i) advocating for policies, programs, or services to improve the well-being of clients;3.4(ii) conducting research related to social work services;3.5(iii) developing and administering programs which provide social work services;3.6(iv) engaging in community organization to address social problems through 3.7planned collective action;3.8(v) supervising individuals who provide social work services to clients;3.9(vi) supervising social workers in order to comply with the supervised practice 3.10requirements specified in sections 148E.100 to 148E.125; and3.11(vii) teaching professional social work knowledge, skills, and values to students; and3.12(3) engaging in clinical practice.3.13    Subd. 12.Professional name."Professional name" means the name a licensed 3.14social worker uses in making representations of the social worker's professional status 3.15to the public and which has been designated to the board in writing according to section 3.16148E.090.3.17    Subd. 13.Professional social work knowledge, skills, and values."Professional 3.18social work knowledge, skills, and values" means the knowledge, skills, and values 3.19taught in programs accredited by the Council on Social Work Education, the Canadian 3.20Association of Schools of Social Work, or a similar accreditation body designated by 3.21the board; or a doctorate in social work from an accredited university. Professional 3.22social work knowledge, skills, and values include, but are not limited to, principles of 3.23person-in-environment and the values, principles, and standards described in the Code 3.24of Ethics of the National Association of Social Workers.3.25    Subd. 14.Sexual conduct."Sexual conduct" means any physical contact or 3.26conduct that may be reasonably interpreted as sexual, or any oral, written, electronic, or 3.27other communication that suggests engaging in physical contact or conduct that may be 3.28reasonably interpreted as sexual.3.29    Subd. 15.Social worker."Social worker" means an individual who:3.30(1) is licensed as a social worker; or3.31(2) has obtained a social work degree from a program accredited by the Council on 3.32Social Work Education, the Canadian Association of Schools of Social Work, or a similar 3.33accreditation body designated by the board and engages in the practice of social work.3.34    Subd. 16.Student."Student" means an individual who is taught professional 3.35social work knowledge, skills, and values in a program that has been accredited by the 4.1Council on Social Work Education, the Canadian Association of Schools of Social Work, 4.2or a similar accreditation body designated by the board.4.3    Subd. 17.Supervisee."Supervisee" means an individual provided evaluation and 4.4supervision or direction by a social worker.4.5    Subd. 18.Supervision."Supervision" means a professional relationship between a 4.6supervisor and a social worker in which the supervisor provides evaluation and direction 4.7of the services provided by the social worker to promote competent and ethical services 4.8to clients through the continuing development of the social worker's knowledge and 4.9application of accepted professional social work knowledge, skills, and values.4.10    Sec. 3. [148E.015] SCOPE.4.11This chapter applies to all applicants and licensees, all persons who use the title social 4.12worker, and all persons in or out of this state who provide social work services to clients 4.13who reside in this state unless there are specific applicable exemptions provided by law.4.14    Sec. 4. [148E.020] CHAPTER 214.4.15Chapter 214 applies to the Board of Social Work unless superseded by this chapter.4.16    Sec. 5. [148E.025] BOARD OF SOCIAL WORK.4.17    Subdivision 1.Creation.The Board of Social Work consists of 15 members 4.18appointed by the governor. The members are:4.19(1) ten social workers licensed according to section 148E.055; and4.20(2) five public members as defined in section 214.02.4.21    Subd. 2.Qualifications of board members.(a) All social worker members must 4.22have engaged in the practice of social work in Minnesota for at least one year during 4.23the ten years preceding their appointments.4.24(b) Five social worker members must be licensed social workers. The other five 4.25members must be a licensed graduate social worker, a licensed independent social worker, 4.26or a licensed independent clinical social worker.4.27(c) Eight social worker members must be engaged at the time of their appointment in 4.28the practice of social work in Minnesota in the following settings:4.29(1) one member must be engaged in the practice of social work in a county agency;4.30(2) one member must be engaged in the practice of social work in a state agency;4.31(3) one member must be engaged in the practice of social work in an elementary, 4.32middle, or secondary school;5.1(4) one member must be employed in a hospital or nursing home licensed under 5.2chapter 144 or 144A;5.3(5) two members must be engaged in the practice of social work in a private agency;5.4(6) one member must be engaged in the practice of social work in a clinical social 5.5work setting; and5.6(7) one member must be an educator engaged in regular teaching duties at a 5.7program of social work accredited by the Council on Social Work Education or a similar 5.8accreditation body designated by the board.5.9(d) At the time of their appointments, at least six members must reside outside of the 5.10seven-county metropolitan area.5.11(e) At the time of their appointments, at least five members must be persons with 5.12expertise in communities of color.5.13    Subd. 3.Officers.The board must annually elect from its membership a chair, 5.14vice-chair, and secretary-treasurer.5.15    Subd. 4.Bylaws.The board must adopt bylaws to govern its proceedings.5.16    Subd. 5.Executive director.The board must appoint and employ an executive 5.17director who is not a member of the board. The employment of the executive director shall 5.18be subject to the terms described in section 214.04, subdivision 2a.5.19    Sec. 6. [148E.030] DUTIES OF THE BOARD.5.20    Subdivision 1.Duties.The board must perform the duties necessary to promote 5.21and protect the public health, safety, and welfare through the licensure and regulation of 5.22persons who practice social work in this state. These duties include, but are not limited to:5.23(1) establishing the qualifications and procedures for individuals to be licensed 5.24as social workers;5.25(2) establishing standards of practice for social workers;5.26(3) holding examinations or contracting with the Association of Social Work Boards 5.27or a similar examination body designated by the board to hold examinations to assess 5.28applicants' qualifications;5.29(4) issuing licenses to qualified individuals according to sections 148E.055 and 5.30148E.060;5.31(5) taking disciplinary, adversarial, corrective, or other action according to sections 5.32148E.255 to 148E.270 when an individual violates the requirements of this chapter;5.33(6) assessing fees according to sections 148E.175 and 148E.180; and5.34(7) educating social workers and the public on the requirements of the board.6.1    Subd. 2.Rules.The board may adopt and enforce rules to carry out the duties 6.2specified in subdivision 1.6.3    Sec. 7. [148E.035] VARIANCES.6.4If the effect of a requirement according to this chapter is unreasonable, impossible to 6.5execute, absurd, or would impose an extreme hardship on a licensee, the board may grant 6.6a variance if the variance is consistent with promoting and protecting the public health, 6.7safety, and welfare. A variance must not be granted for core licensing standards such as 6.8substantive educational and examination requirements.6.9    Sec. 8. [148E.040] IMMUNITY.6.10Board members, board employees, and persons engaged on behalf of the board are 6.11immune from civil liability for any actions, transactions, or publications in the lawful 6.12execution of or relating to their duties under this chapter.6.13    Sec. 9. [148E.045] CONTESTED CASE HEARING.6.14An applicant or a licensee who is the subject of a disciplinary or adversarial action 6.15by the board according to this chapter may request a contested case hearing under sections 6.1614.57 to 14.62. An applicant or a licensee who desires to request a contested case hearing 6.17must submit a written request to the board within 90 days after the date on which the board 6.18mailed the notification of the adverse action, except as otherwise provided in this chapter.6.19    Sec. 10. [148E.050] LICENSING; SCOPE OF PRACTICE.6.20    Subdivision 1.Requirements.The practice of social work must comply with the 6.21requirements of subdivision 2, 3, 4, or 5.6.22    Subd. 2.Licensed social worker.A licensed social worker may engage in social 6.23work practice except that a licensed social worker must not engage in clinical practice.6.24    Subd. 3.Licensed graduate social worker.A licensed graduate social worker may 6.25engage in social work practice except that a licensed graduate social worker must not 6.26engage in clinical practice except under the supervision of a licensed independent clinical 6.27social worker or an alternate supervisor according to section 148E.120.6.28    Subd. 4.Licensed independent social worker.A licensed independent social 6.29worker may engage in social work practice except that a licensed independent social 6.30worker must not engage in clinical practice except under the supervision of a licensed 6.31independent clinical social worker or an alternate supervisor according to section 6.32148E.120.7.1    Subd. 5.Licensed independent clinical social worker.A licensed independent 7.2clinical social worker may engage in social work practice, including clinical practice.7.3    Sec. 11. [148E.055] LICENSE REQUIREMENTS.7.4    Subdivision 1.License required.(a) In order to practice social work, an individual 7.5must have a social work license under this section or section 148E.060, except when the 7.6individual is exempt from licensure according to section 148E.065.7.7(b) Individuals who teach professional social work knowledge, skills, and values to 7.8students and who have a social work degree from a program accredited by the Council 7.9on Social Work Education, the Canadian Association of Schools of Social Work, or a 7.10similar accreditation body designated by the board must have a social work license under 7.11this section or section 148E.060, except when the individual is exempt from licensure 7.12according to section 148E.065.7.13    Subd. 2.Qualifications for licensure by examination as a licensed social worker.7.14(a) Except as provided in paragraph (i), to be licensed as a licensed social worker, an 7.15applicant for licensure by examination must provide evidence satisfactory to the board 7.16that the applicant:7.17(1) has received a baccalaureate degree in social work from a program accredited by 7.18the Council on Social Work Education, the Canadian Association of Schools of Social 7.19Work, or a similar accreditation body designated by the board, or a doctorate in social 7.20work from an accredited university;7.21(2) has passed the bachelors or equivalent examination administered by the 7.22Association of Social Work Boards or a similar examination body designated by the board. 7.23Unless an applicant applies for licensure by endorsement according to subdivision 7, an 7.24examination is not valid if it was taken and passed eight or more years prior to submitting 7.25a completed, signed application form provided by the board. The examination may be 7.26taken prior to completing degree requirements;7.27(3) has submitted a completed, signed application form provided by the board, 7.28including the applicable application fee specified in section 148E.180. For applications 7.29submitted electronically, a "signed application" means providing an attestation as specified 7.30by the board;7.31(4) has submitted the criminal background check fee and a form provided by the 7.32board authorizing a criminal background check according to subdivision 8;7.33(5) has paid the applicable license fee specified in section 148E.180; and7.34(6) has not engaged in conduct that was or would be in violation of the standards 7.35of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 8.1conduct that was or would be in violation of the standards of practice, the board may take 8.2action according to sections 148E.255 to 148E.270.8.3(b) An application that is not completed and signed, or that is not accompanied by the 8.4correct fee, must be returned to the applicant, along with any fee submitted, and is void.8.5(c) A licensee granted a license by the board according to paragraph (a) must meet 8.6the supervised practice requirements specified in sections 148E.100 to 148E.125. If a 8.7licensee does not meet the supervised practice requirements, the board may take action 8.8according to sections 148E.255 to 148E.270.8.9(d) By submitting an application for licensure, an applicant authorizes the board to 8.10investigate any information provided or requested in the application. The board may 8.11request that the applicant provide additional information, verification, or documentation.8.12(e) Within one year of the time the board receives an application for licensure, the 8.13applicant must meet all the requirements specified in paragraph (a) and must provide all of 8.14the information requested by the board according to paragraph (d). If within one year the 8.15applicant does not meet all the requirements, or does not provide all of the information 8.16requested, the applicant is considered ineligible and the application for licensure must 8.17be closed.8.18(f) Except as provided in paragraph (g), an applicant may not take more than three 8.19times the bachelors or equivalent examination administered by the Association of Social 8.20Work Boards, or a similar examination body designated by the board. An applicant must 8.21receive a passing score on the bachelors or equivalent examination administered by the 8.22Association of Social Work Boards or a similar examination body designated by the board 8.23in no more than 18 months after the date the applicant first failed the examination.8.24(g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a 8.25fourth or subsequent time, the bachelors or equivalent examination administered by the 8.26Association of Social Work Boards or a similar examination body designated by the 8.27board if the applicant:8.28(1) meets all requirements specified in paragraphs (a) to (e) other than passing the 8.29bachelors or equivalent examination administered by the Association of Social Work 8.30Boards or a similar examination body designated by the board;8.31(2) provides to the board a description of the efforts the applicant has made to 8.32improve the applicant's score and demonstrates to the board's satisfaction that the efforts 8.33are likely to improve the score; and8.34(3) provides to the board letters of recommendation from two licensed social 8.35workers attesting to the applicant's ability to practice social work competently and 8.36ethically according to professional social work knowledge, skills, and values.9.1(h) An individual must not practice social work until the individual passes the 9.2examination and receives a social work license under this section or section 148E.060. If 9.3the board has reason to believe that an applicant may be practicing social work without a 9.4license, and the applicant has failed the bachelors or equivalent examination administered 9.5by the Association of Social Work Boards or a similar examination body designated by 9.6the board, the board may notify the applicant's employer that the applicant is not licensed 9.7as a social worker.9.8    Subd. 3.Qualifications for licensure by examination as licensed graduate 9.9social worker.(a) Except as provided in paragraph (i), to be licensed as a licensed 9.10graduate social worker, an applicant for licensure by examination must provide evidence 9.11satisfactory to the board that the applicant:9.12(1) has received a graduate degree in social work from a program accredited by 9.13the Council on Social Work Education, the Canadian Association of Schools of Social 9.14Work, or a similar accreditation body designated by the board, or a doctorate in social 9.15work from an accredited university;9.16(2) has passed the masters or equivalent examination administered by the Association 9.17of Social Work Boards or a similar examination body designated by the board. Unless an 9.18applicant applies for licensure by endorsement according to section 148E.055, subdivision 9.197, an examination is not valid if it was taken and passed eight or more years prior to 9.20submitting a completed, signed application form provided by the board. The examination 9.21may be taken prior to completing degree requirements;9.22(3) has submitted a completed, signed application form provided by the board, 9.23including the applicable application fee specified in section 148E.180. For applications 9.24submitted electronically, a "signed application" means providing an attestation as specified 9.25by the board;9.26(4) has submitted the criminal background check fee and a form provided by the 9.27board authorizing a criminal background check according to subdivision 8;9.28(5) has paid the applicable license fee specified in section 148E.180; and9.29(6) has not engaged in conduct that was or would be in violation of the standards 9.30of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 9.31conduct that was or would be in violation of the standards of practice, the board may take 9.32action according to sections 148E.255 to 148E.270.9.33(b) An application which is not completed and signed, or which is not accompanied 9.34by the correct fee, must be returned to the applicant, along with any fee submitted, and is 9.35void.10.1(c) A licensee granted a license by the board according to paragraph (a) must meet 10.2the supervised practice requirements specified in sections 148E.100 to 148E.125. If a 10.3licensee does not meet the supervised practice requirements, the board may take action 10.4according to sections 148E.255 to 148E.270.10.5(d) By submitting an application for licensure, an applicant authorizes the board to 10.6investigate any information provided or requested in the application. The board may 10.7request that the applicant provide additional information, verification, or documentation.10.8(e) Within one year of the time the board receives an application for licensure, the 10.9applicant must meet all the requirements specified in paragraph (a) and must provide all of 10.10the information requested by the board according to paragraph (d). If within one year the 10.11applicant does not meet all the requirements, or does not provide all of the information 10.12requested, the applicant is considered ineligible and the application for licensure must 10.13be closed.10.14(f) Except as provided in paragraph (g), an applicant may not take more than three 10.15times the masters or equivalent examination administered by the Association of Social 10.16Work Boards or a similar examination body designated by the board. An applicant must 10.17receive a passing score on the masters or equivalent examination administered by the 10.18Association of Social Work Boards or a similar examination body designated by the board 10.19in no more than 18 months after the date the applicant first failed the examination.10.20(g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a 10.21fourth or subsequent time, the masters or equivalent examination administered by the 10.22Association of Social Work Boards or a similar examination body designated by the 10.23board if the applicant:10.24(1) meets all requirements specified in paragraphs (a) to (e) other than passing the 10.25masters or equivalent examination administered by the Association of Social Work boards 10.26or a similar examination body designated by the board;10.27(2) provides to the board a description of the efforts the applicant has made to 10.28improve the applicant's score and demonstrates to the board's satisfaction that the efforts 10.29are likely to improve the score; and10.30(3) provides to the board letters of recommendation from two licensed social 10.31workers attesting to the applicant's ability to practice social work competently and 10.32ethically according to professional social work knowledge, skills, and values.10.33(h) An individual must not practice social work until the individual passes the 10.34examination and receives a social work license under this section or section 148E.060. If 10.35the board has reason to believe that an applicant may be practicing social work without a 10.36license, and the applicant has failed the masters or equivalent examination administered 11.1by the Association of Social Work Boards or a similar examination body designated by 11.2the board, the board may notify the applicant's employer that the applicant is not licensed 11.3as a social worker.11.4    Subd. 4.Licensure by examination; licensed independent social worker.11.5(a) Except as provided in paragraph (i), to be licensed as a licensed independent social 11.6worker, an applicant for licensure by examination must provide evidence satisfactory 11.7to the board that the applicant:11.8(1) has received a graduate degree in social work from a program accredited by 11.9the Council on Social Work Education, the Canadian Association of Schools of Social 11.10Work, or a similar accreditation body designated by the board, or a doctorate in social 11.11work from an accredited university;11.12(2) has practiced social work as defined in section 148E.010, and has met the 11.13supervised practice requirements specified in sections 148E.100 to 148E.125;11.14(3) has passed the advanced generalist or equivalent examination administered by 11.15the Association of Social Work Boards or a similar examination body designated by the 11.16board. Unless an applicant applies for licensure by endorsement according to subdivision 11.177, an examination is not valid if it was taken and passed eight or more years prior to 11.18submitting a completed, signed application form provided by the board;11.19(4) has submitted a completed, signed application form provided by the board, 11.20including the applicable application fee specified in section 148E.180. For applications 11.21submitted electronically, a "signed application" means providing an attestation as specified 11.22by the board;11.23(5) has submitted the criminal background check fee and a form provided by the 11.24board authorizing a criminal background check according to subdivision 8;11.25(6) has paid the applicable license fee specified in section 148E.180; and11.26(7) has not engaged in conduct that was or would be in violation of the standards 11.27of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 11.28conduct that was or would be in violation of the standards of practice, the board may take 11.29action according to sections 148E.255 to 148E.270.11.30(b) An application which is not completed and signed, or which is not accompanied 11.31by the correct fee, must be returned to the applicant, along with any fee submitted, and is 11.32void.11.33(c) A licensed independent social worker who practices clinical social work must 11.34meet the supervised practice requirements specified in sections 148E.100 to 148E.125. If 11.35a licensee does not meet the supervised practice requirements, the board may take action 11.36according to sections 148E.255 to 148E.270.12.1(d) By submitting an application for licensure, an applicant authorizes the board to 12.2investigate any information provided or requested in the application. The board may 12.3request that the applicant provide additional information, verification, or documentation.12.4(e) Within one year of the time the board receives an application for licensure, the 12.5applicant must meet all the requirements specified in paragraph (a) and must provide all of 12.6the information requested by the board according to paragraph (d). If within one year the 12.7applicant does not meet all the requirements, or does not provide all of the information 12.8requested, the applicant is considered ineligible and the application for licensure must 12.9be closed.12.10(f) Except as provided in paragraph (g), an applicant may not take more than 12.11three times the advanced generalist or equivalent examination administered by the 12.12Association of Social Work Boards or a similar examination body designated by the 12.13board. An applicant must receive a passing score on the masters or equivalent examination 12.14administered by the Association of Social Work Boards or a similar examination body 12.15designated by the board in no more than 18 months after the first time the applicant failed 12.16the examination.12.17(g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a 12.18fourth or subsequent time, the advanced generalist or equivalent examination administered 12.19by the Association of Social Work Boards or a similar examination body designated by 12.20the board if the applicant:12.21(1) meets all requirements specified in paragraphs (a) to (e) other than passing the 12.22advanced generalist or equivalent examination administered by the Association of Social 12.23Work Boards or a similar examination body designated by the board;12.24(2) provides to the board a description of the efforts the applicant has made to 12.25improve the applicant's score and demonstrates to the board's satisfaction that the efforts 12.26are likely to improve the score; and12.27(3) provides to the board letters of recommendation from two licensed social 12.28workers attesting to the applicant's ability to practice social work competently and 12.29ethically according to professional social work knowledge, skills, and values.12.30(h) An individual must not practice social work until the individual passes the 12.31examination and receives a social work license under this section or section 148E.060. If 12.32the board has reason to believe that an applicant may be practicing social work without a 12.33license, except as provided in section 148E.065, and the applicant has failed the advanced 12.34generalist or equivalent examination administered by the Association of Social Work 12.35Boards or a similar examination body designated by the board, the board may notify the 12.36applicant's employer that the applicant is not licensed as a social worker.13.1    Subd. 5.Licensure by examination; licensed independent clinical social 13.2worker.(a) Except as provided in paragraph (h), to be licensed as a licensed independent 13.3clinical social worker, an applicant for licensure by examination must provide evidence 13.4satisfactory to the board that the applicant:13.5(1) has received a graduate degree in social work from a program accredited by 13.6the Council on Social Work Education, the Canadian Association of Schools of Social 13.7Work, or a similar accreditation body designated by the board, or a doctorate in social 13.8work from an accredited university;13.9(2) has completed 360 clock hours (one semester credit hour = 15 clock hours) in 13.10the following clinical knowledge areas:13.11(i) 108 clock hours (30 percent) in differential diagnosis and biopsychosocial 13.12assessment including normative development and psychopathology across the life span;13.13(ii) 36 clock hours (ten percent) in assessment-based clinical treatment planning with 13.14measurable goals;13.15(iii) 108 clock hours (30 percent) in clinical intervention methods informed by 13.16research and current standards of practice;13.17(iv) 18 clock hours (five percent) in evaluation methodologies; 13.18(v) 72 clock hours (20 percent) in social work values and ethics, including cultural 13.19context, diversity, and social policy; and13.20    (vi) 18 clock hours (five percent) in culturally specific clinical assessment and 13.21intervention.13.22This requirement may be satisfied through (A) a graduate degree program accredited 13.23by the Council on Social Work Education, the Canadian Association of Schools of 13.24Social Work, or a similar accreditation body designated by the board; or a doctorate in 13.25social work from an accredited university; (B) postgraduate coursework; or (C) up to 90 13.26continuing education hours. The continuing education must have a course description 13.27available for public review and must include a posttest. Compliance with this requirement 13.28must be documented on a form provided by the board. The board may conduct audits 13.29of the information submitted in order to determine compliance with the requirements 13.30of this section.13.31(3) has practiced clinical social work as defined in section 148E.010, including both 13.32diagnosis and treatment, and has met the supervised practice requirements specified in 13.33sections 148E.100 to 148E.125;13.34(4) has passed the clinical or equivalent examination administered by the Association 13.35of Social Work Boards or a similar examination body designated by the board. Unless an 13.36applicant applies for licensure by endorsement according to subdivision 7, an examination 14.1is not valid if it was taken and passed eight or more years prior to submitting a completed, 14.2signed application form provided by the board;14.3(5) has submitted a completed, signed application form provided by the board, 14.4including the applicable application fee specified in section 148E.180. For applications 14.5submitted electronically, a "signed application" means providing an attestation as specified 14.6by the board;14.7(6) has submitted the criminal background check fee and a form provided by the 14.8board authorizing a criminal background check according to subdivision 8;14.9(7) has paid the license fee specified in section 148E.180; and14.10(8) has not engaged in conduct that was or would be in violation of the standards 14.11of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 14.12conduct that was or would be in violation of the standards of practice, the board may take 14.13action according to sections 148E.255 to 148E.270.14.14(b) An application which is not completed and signed, or which is not accompanied 14.15by the correct fee, must be returned to the applicant, along with any fee submitted, and is 14.16void.14.17(c) By submitting an application for licensure, an applicant authorizes the board to 14.18investigate any information provided or requested in the application. The board may 14.19request that the applicant provide additional information, verification, or documentation.14.20(d) Within one year of the time the board receives an application for licensure, the 14.21applicant must meet all the requirements specified in paragraph (a) and must provide all of 14.22the information requested by the board according to paragraph (c). If within one year the 14.23applicant does not meet all the requirements, or does not provide all of the information 14.24requested, the applicant is considered ineligible and the application for licensure must 14.25be closed.14.26(e) Except as provided in paragraph (f), an applicant may not take more than three 14.27times the clinical or equivalent examination administered by the Association of Social 14.28Work Boards or a similar examination body designated by the board. An applicant must 14.29receive a passing score on the clinical or equivalent examination administered by the 14.30Association of Social Work Boards or a similar examination body designated by the board 14.31no later than 18 months after the first time the applicant failed the examination.14.32(f) Notwithstanding paragraph (e), the board may allow an applicant to take, for a 14.33fourth or subsequent time, the clinical or equivalent examination administered by the 14.34Association of Social Work Boards or a similar examination body designated by the 14.35board if the applicant:15.1(1) meets all requirements specified in paragraphs (a) to (d) other than passing the 15.2clinical or equivalent examination administered by the Association of Social Work Boards 15.3or a similar examination body designated by the board;15.4(2) provides to the board a description of the efforts the applicant has made to 15.5improve the applicant's score and demonstrates to the board's satisfaction that the efforts 15.6are likely to improve the score; and15.7(3) provides to the board letters of recommendation from two licensed social 15.8workers attesting to the applicant's ability to practice social work competently and 15.9ethically according to professional social work knowledge, skills, and values.15.10(g) An individual must not practice social work until the individual passes the 15.11examination and receives a social work license under this section or section 148E.060. If 15.12the board has reason to believe that an applicant may be practicing social work without a 15.13license, and the applicant has failed the clinical or equivalent examination administered 15.14by the Association of Social Work Boards or a similar examination body designated by 15.15the board, the board may notify the applicant's employer that the applicant is not licensed 15.16as a social worker.15.17    Subd. 6.Degrees from outside United States or Canada.If an applicant receives 15.18a degree from a program outside the United States or Canada that is not accredited by 15.19the Council on Social Work Education, the Canadian Association of Schools of Social 15.20Work, or a similar examination body designated by the board, the degree does not fulfill 15.21the requirements specified in subdivision 2, paragraph (a), clause (1); 3, paragraph (a), 15.22clause (1); 4, paragraph (a), clause (1); or 5, paragraph (a), clause (1), unless the Council 15.23on Social Work Education or a similar accreditation body designated by the board has 15.24determined through the council's international equivalency determination service that the 15.25degree earned is equivalent to the degree required.15.26    Subd. 7.Licensure by endorsement.(a) An applicant for licensure by endorsement 15.27must hold a current license or credential to practice social work in another jurisdiction.15.28(b) An applicant for licensure by endorsement who meets the qualifications of 15.29paragraph (a) and who demonstrates to the satisfaction of the board that the applicant 15.30passed the examination administered by the Association of Social Work Boards or a 15.31similar examination body designated by the board for the applicable license in Minnesota 15.32is not required to retake the licensing examination.15.33(c) An application for licensure by endorsement must meet the applicable license 15.34requirements specified in subdivisions 1 to 6, except as provided in paragraph (d), and 15.35submit the licensure by endorsement application fee specified in section 148E.180.15.36(d) The following requirements apply:16.1(1) An applicant for licensure by endorsement who is applying for licensure as 16.2a licensed social worker must meet the requirements specified in section 148E.055, 16.3subdivision 2.16.4(2) An applicant for licensure by endorsement who is applying for licensure as a 16.5licensed graduate social worker must meet the requirements specified in section 148E.055, 16.6subdivision 3.16.7(3) An applicant for licensure by endorsement who is applying for licensure as 16.8a licensed independent social worker is not required to demonstrate that the applicant 16.9has obtained 100 hours of supervision as specified in section 148E.110, subdivision 1, 16.10provided that the applicant has engaged in authorized social work practice for a minimum 16.11of 4,000 hours in another jurisdiction.16.12(4) An applicant for licensure by endorsement as a licensed independent clinical 16.13social worker (i) is not required to meet the license requirements specified in subdivision 16.145, paragraph (a), clause (2), and (ii) is not required to demonstrate that the applicant 16.15has obtained 200 hours of supervision as specified in section 148E.115, subdivision 1, 16.16provided that the applicant has engaged in authorized clinical social work practice for a 16.17minimum of 4,000 hours in another jurisdiction.16.18    Subd. 8.Criminal background checks.(a) Except as provided in paragraph (b), an 16.19initial license application must be accompanied by:16.20(1) a form provided by the board authorizing the board to complete a criminal 16.21background check; and16.22(2) the criminal background check fee specified by the Bureau of Criminal 16.23Apprehension.16.24Criminal background check fees collected by the board must be used to reimburse 16.25the Bureau of Criminal Apprehension for the criminal background checks.16.26(b) An applicant who has previously submitted a license application authorizing the 16.27board to complete a criminal background check is exempt from the requirement specified 16.28in paragraph (a).16.29(c) If a criminal background check indicates that an applicant has engaged in 16.30criminal behavior, the board may take action according to sections 148E.255 to 148E.270.16.31    Subd. 9.Effective date.The effective date of an initial license is the day on which 16.32the board receives the applicable license fee from an applicant approved for licensure.16.33    Subd. 10.Expiration date.The expiration date of an initial license is the last day 16.34of the licensee's birth month in the second calendar year following the effective date of 16.35the initial license.17.1    Subd. 11.Change in license.(a) A licensee who changes from a licensed social 17.2worker to a licensed graduate social worker, or from a licensed graduate social worker to a 17.3licensed independent social worker, or from a licensed graduate social worker or licensed 17.4independent social worker to a licensed independent clinical social worker, must pay the 17.5prorated share of the fee for the new license.17.6(b) The effective date of the new license is the day on which the board receives the 17.7applicable license fee from an applicant approved for the new license.17.8(c) The expiration date of the new license is the same date as the expiration date of 17.9the license held by the licensee prior to the change in the license.17.10    Sec. 12. [148E.060] TEMPORARY LICENSES.17.11    Subdivision 1.Students and other persons not currently licensed in another 17.12jurisdiction.The board may issue a temporary license to practice social work to an 17.13applicant who is not licensed or credentialed to practice social work in any jurisdiction 17.14but has:17.15(1) applied for a license under section 148E.055;17.16(2) applied for a temporary license on a form provided by the board;17.17(3) submitted a form provided by the board authorizing the board to complete a 17.18criminal background check;17.19(4) passed the applicable licensure examination provided for in section 148E.055;17.20(5) attested on a form provided by the board that the applicant has completed the 17.21requirements for a baccalaureate or graduate degree in social work from a program 17.22accredited by the Council on Social Work Education, the Canadian Association of Schools 17.23of Social Work, or a similar accreditation body designated by the board, or a doctorate in 17.24social work from an accredited university; and17.25(6) not engaged in conduct that was or would be in violation of the standards of 17.26practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 17.27conduct that was or would be in violation of the standards of practice, the board may take 17.28action according to sections 148E.255 to 148E.270.17.29    Subd. 2.Emergency situations and persons currently licensed in another 17.30jurisdiction.The board may issue a temporary license to practice social work to an 17.31applicant who is licensed or credentialed to practice social work in another jurisdiction, 17.32may or may not have applied for a license under section 148E.055, and has:17.33(1) applied for a temporary license on a form provided by the board;17.34(2) submitted a form provided by the board authorizing the board to complete a 17.35criminal background check;18.1(3) submitted evidence satisfactory to the board that the applicant is currently 18.2licensed or credentialed to practice social work in another jurisdiction;18.3(4) attested on a form provided by the board that the applicant has completed the 18.4requirements for a baccalaureate or graduate degree in social work from a program 18.5accredited by the Council on Social Work Education, the Canadian Association of Schools 18.6of Social Work, or a similar accreditation body designated by the board, or a doctorate in 18.7social work from an accredited university; and18.8(5) not engaged in conduct that was or would be in violation of the standards of 18.9practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 18.10conduct that was or would be in violation of the standards of practice, the board may take 18.11action according to sections 148E.255 to 148E.270.18.12    Subd. 3.Teachers.The board may issue a temporary license to practice social work 18.13to an applicant whose permanent residence is outside the United States, who is teaching 18.14social work at an academic institution in Minnesota for a period not to exceed 12 months, 18.15who may or may not have applied for a license under section 148E.055, and who has:18.16(1) applied for a temporary license on a form provided by the board;18.17(2) submitted a form provided by the board authorizing the board to complete a 18.18criminal background check;18.19(3) attested on a form provided by the board that the applicant has completed the 18.20requirements for a baccalaureate or graduate degree in social work; and18.21(4) has not engaged in conduct that was or would be in violation of the standards 18.22of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 18.23conduct that was or would be in violation of the standards of practice, the board may take 18.24action according to sections 148E.255 to 148E.270.18.25    Subd. 4.Temporary license application fee.An applicant for a temporary license 18.26must pay the application fee specified in section 148E.180 plus the required fee for 18.27the cost of the criminal background check. Only one fee for the cost of the criminal 18.28background check must be submitted when the applicant is applying for both a temporary 18.29license and a license under section 148E.055.18.30    Subd. 5.Temporary license term.(a) A temporary license is valid until expiration, 18.31or until the board issues or denies the license according to section 148E.055, or until 18.32the board revokes the temporary license, whichever comes first. A temporary license is 18.33nonrenewable.18.34(b) A temporary license issued according to subdivision 1 or 2 expires after six 18.35months.18.36(c) A temporary license issued according to subdivision 3 expires after 12 months.19.1    Subd. 6.Licensee with temporary license; baccalaureate degree.A licensee 19.2with a temporary license who has provided evidence to the board that the licensee has 19.3completed the requirements for a baccalaureate degree in social work from a program 19.4accredited by the Council on Social Work Education, the Canadian Association of Schools 19.5of Social Work, or a similar accreditation body designated by the board may temporarily 19.6engage in social work practice except that a licensee with a temporary license may not 19.7engage in clinical social work practice.19.8    Subd. 7.Licensee with temporary license; graduate degree.A licensee with a 19.9temporary license who has provided evidence to the board that the licensee has completed 19.10the requirements for a graduate degree in social work from a program accredited by the 19.11Council on Social Work Education, the Canadian Association of Schools of Social Work, 19.12or a similar accreditation body designated by the board may temporarily engage in social 19.13work practice, including clinical practice.19.14    Subd. 8.Supervision requirements.(a) Except as provided in paragraph (b), an 19.15applicant who is not currently licensed or credentialed to practice social work in another 19.16jurisdiction and who obtains a temporary license may practice social work only under 19.17the supervision of an individual licensed as a social worker who is eligible to provide 19.18supervision under sections 148E.100 to 148E.125. Before the applicant is approved 19.19for licensure, the applicant's supervisor must attest to the board's satisfaction that the 19.20applicant has practiced social work under supervision. This supervision applies toward 19.21the supervision required after licensure.19.22(b) If an applicant is currently licensed or credentialed to practice social work in 19.23another jurisdiction, and receives a temporary license according to subdivision 3, the 19.24requirements specified in paragraph (a) do not apply. However, if an applicant with a 19.25temporary license chooses to practice social work under supervision, the supervision 19.26applies to the requirements specified in sections 148E.100 to 148E.125.19.27    Subd. 9.Prohibition on practice.An applicant for a temporary license must not 19.28practice social work in Minnesota, except as provided in section 148E.065, until the 19.29applicant has been granted a temporary license.19.30    Subd. 10.Representation of professional status.In making representations of 19.31professional status to the public, a licensee with a temporary license must state that the 19.32licensee has a temporary license.19.33    Subd. 11.Standards of practice.A licensee with a temporary license must conduct 19.34all professional activities as a social worker according to the requirements of sections 19.35148E.195 to 148E.240.20.1    Subd. 12.Ineligibility.An applicant who is currently practicing social work in 20.2Minnesota in a setting that is not exempt under section 148E.065 at the time of application 20.3is ineligible for a temporary license.20.4    Subd. 13.Revocation of temporary license.The board may immediately revoke 20.5the temporary license of any licensee who violates any requirements of this section. The 20.6revocation must be made for cause, without notice or opportunity to be heard. A licensee 20.7whose temporary license is revoked must immediately return the temporary license to 20.8the board.20.9    Sec. 13. [148E.065] EXEMPTIONS.20.10    Subdivision 1.Other professionals.Nothing in this chapter may be construed 20.11to prevent members of other professions or occupations from performing functions 20.12for which they are qualified or licensed. This exception includes but is not limited to: 20.13licensed physicians, registered nurses, licensed practical nurses, licensed psychologists, 20.14psychological practitioners, probation officers, members of the clergy and Christian 20.15Science practitioners, attorneys, marriage and family therapists, alcohol and drug 20.16counselors, professional counselors, school counselors, and registered occupational 20.17therapists or certified occupational therapist assistants. These persons must not, however, 20.18hold themselves out to the public by any title or description stating or implying that they 20.19are engaged in the practice of social work, or that they are licensed to engage in the 20.20practice of social work. Persons engaged in the practice of social work are not exempt 20.21from the board's jurisdiction solely by the use of one of the titles in this subdivision.20.22    Subd. 2.Students.An internship, externship, or any other social work experience 20.23that is required for the completion of an accredited program of social work does not 20.24constitute the practice of social work under this chapter.20.25    Subd. 3.Geographic waiver.A geographic waiver may be granted by the board on 20.26a case-by-case basis to agencies with special regional hiring problems. The waiver is for 20.27the purpose of permitting agencies to hire individuals who do not meet the qualifications 20.28of section 148E.055 or 148E.060 to practice social work.20.29    Subd. 4.City, county, and state agency social workers.The licensure of city, 20.30county, and state agency social workers is voluntary. City, county, and state agencies 20.31employing social workers are not required to employ licensed social workers.20.32    Subd. 5.Tribes and private nonprofit agencies; voluntary licensure.The 20.33licensure of social workers who are employed by federally recognized tribes, or by private 20.34nonprofit agencies whose primary service focus addresses ethnic minority populations, 21.1and who are themselves members of ethnic minority populations within those agencies, is 21.2voluntary.21.3    Sec. 14. [148E.070] LICENSE RENEWALS.21.4    Subdivision 1.License renewal term.(a) If a license is renewed, the license must 21.5be renewed for a two-year renewal term. The renewal term is the period from the effective 21.6date of an initial or renewed license to the expiration date of the license.21.7(b) The effective date of a renewed license is the day following the expiration date 21.8of the expired license.21.9(c) The expiration date of a renewed license is the last day of the licensee's birth 21.10month in the second calendar year following the effective date of the renewed license.21.11    Subd. 2.Mailing license renewal notices.The board must mail a notice for license 21.12renewal to a licensee at least 45 days before the expiration date of the license. Mailing the 21.13notice by United States mail to the licensee's last known mailing address constitutes valid 21.14mailing. Failure to receive the renewal notice does not relieve a licensee of the obligation 21.15to renew a license and to pay the renewal fee.21.16    Subd. 3.Submitting license renewal applications.(a) In order to renew a license, 21.17a licensee must submit:21.18(1) a completed, signed application for license renewal; and21.19(2) the applicable renewal fee specified in section 148E.180.21.20The completed, signed application and renewal fee must be received by the board prior to 21.21midnight of the day of the license expiration date. For renewals submitted electronically, a 21.22"signed application" means providing an attestation as specified by the board.21.23(b) An application which is not completed and signed, or which is not accompanied 21.24by the correct fee, must be returned to the applicant, along with any fee submitted, and is 21.25void.21.26(c) The completed, signed application must include documentation that the licensee 21.27has met the continuing education requirements specified in sections 148E.130 to 148E.17021.28and, if applicable, the supervised practice requirements specified in sections 148E.100 to 21.29148E.125.21.30(d) By submitting a renewal application, an applicant authorizes the board to:21.31(1) investigate any information provided or requested in the application. The 21.32board may request that the applicant provide additional information, verification, or 21.33documentation;21.34(2) conduct an audit to determine if the applicant has met the continuing education 21.35requirements specified in sections 148E.130 to 148E.170; and22.1(3) if applicable, conduct an audit to determine whether the applicant has met the 22.2supervision requirements specified in sections 148E.100 to 148E.125.22.3(e) If a licensee's application for license renewal meets the requirements specified in 22.4paragraph (a), the licensee may continue to practice after the license expiration date until 22.5the board approves or denies the application.22.6    Subd. 4.Renewal late fee.An application that is received after the license 22.7expiration date must be accompanied by the renewal late fee specified in section 148E.18022.8in addition to the applicable renewal fee. The application, renewal fee, and renewal late 22.9fee must be received by the board within 60 days of the license expiration date, or the 22.10license automatically expires.22.11    Subd. 5.Expired license.(a) If an application does not meet the requirements 22.12specified in subdivisions 3 and 4, the license automatically expires. A licensee whose 22.13license has expired may reactivate a license by meeting the requirements in section 22.14148E.080 or be relicensed by meeting the requirements specified in section 148E.055.22.15(b) The board may take action according to sections 148E.255 to 148E.270 based on 22.16a licensee's conduct before the expiration of the license.22.17(c) An expired license may be reactivated within one year of the expiration date 22.18specified in section 148E.080. After one year of the expiration date, an individual may 22.19apply for a new license according to section 148E.055.22.20    Sec. 15. [148E.075] INACTIVE LICENSES.22.21    Subdivision 1.Inactive status.(a) A licensee qualifies for inactive status under 22.22either of the circumstances described in paragraph (b) or (c).22.23(b) A licensee qualifies for inactive status when the licensee is granted temporary 22.24leave from active practice. A licensee qualifies for temporary leave from active practice if 22.25the licensee demonstrates to the satisfaction of the board that the licensee is not engaged 22.26in the practice of social work in any setting, including settings in which social workers 22.27are exempt from licensure according to section 148E.065. A licensee who is granted 22.28temporary leave from active practice may reactivate the license according to section 22.29148E.080.22.30(c) A licensee qualifies for inactive status when a licensee is granted an emeritus 22.31license. A licensee qualifies for an emeritus license if the licensee demonstrates to the 22.32satisfaction of the board that:22.33(1) the licensee is retired from social work practice; and22.34(2) the licensee is not engaged in the practice of social work in any setting, including 22.35settings in which social workers are exempt from licensure according to section 148E.065.23.1A licensee who possesses an emeritus license may reactivate the license according to 23.2section 148E.080.23.3    Subd. 2.Application.A licensee may apply for inactive status:23.4(1) at any time by submitting an application for a temporary leave from active 23.5practice or for an emeritus license; or23.6(2) as an alternative to applying for the renewal of a license by so recording on 23.7the application for license renewal and submitting the completed, signed application to 23.8the board.23.9An application that is not completed or signed, or that is not accompanied by the 23.10correct fee, must be returned to the applicant, along with any fee submitted, and is void. 23.11For applications submitted electronically, a "signed application" means providing an 23.12attestation as specified by the board.23.13    Subd. 3.Fee.(a) Regardless of when the application for inactive status is submitted, 23.14the temporary leave or emeritus license fee specified in section 148E.180, whichever is 23.15applicable, must accompany the application. A licensee who is approved for inactive 23.16status before the license expiration date is not entitled to receive a refund for any portion 23.17of the license or renewal fee.23.18(b) If an application for temporary leave is received after the license expiration date, 23.19the licensee must pay a renewal late fee as specified in section 148E.180 in addition to 23.20the temporary leave fee.23.21    Subd. 4.Time limits for temporary leaves.A licensee may maintain an inactive 23.22license on temporary leave for no more than five consecutive years. If a licensee does 23.23not apply for reactivation within 60 days following the end of the consecutive five-year 23.24period, the license automatically expires.23.25    Subd. 5.Time limits for emeritus license.A licensee with an emeritus license may 23.26not apply for reactivation according to section 148E.080 after five years following the 23.27granting of the emeritus license. However, after five years following the granting of the 23.28emeritus license, an individual may apply for new licensure according to section 148E.055.23.29    Subd. 6.Prohibition on practice.(a) Except as provided in paragraph (b), a 23.30licensee whose license is inactive must not practice, attempt to practice, offer to practice, 23.31or advertise or hold out as authorized to practice social work.23.32(b) The board may grant a variance to the requirements of paragraph (a) if a licensee 23.33on inactive status provides emergency social work services. A variance is granted only 23.34if the board provides the variance in writing to the licensee. The board may impose 23.35conditions or restrictions on the variance.24.1    Subd. 7.Representations of professional status.In making representations of 24.2professional status to the public, a licensee whose license is inactive must state that the 24.3license is inactive and that the licensee cannot practice social work.24.4    Subd. 8.Disciplinary or other action.The board may resolve any pending 24.5complaints against a licensee before approving an application for inactive status. The 24.6board may take action according to sections 148E.255 to 148E.270 against a licensee 24.7whose license is inactive based on conduct occurring before the license is inactive or 24.8conduct occurring while the license is inactive.24.9    Sec. 16. [148E.080] REACTIVATIONS.24.10    Subdivision 1.Mailing notices to licensees on temporary leave.The board must 24.11mail a notice for reactivation to a licensee on temporary leave at least 45 days before the 24.12expiration date of the license according to section 148E.075, subdivision 4. Mailing the 24.13notice by United States mail to the licensee's last known mailing address constitutes 24.14valid mailing. Failure to receive the reactivation notice does not relieve a licensee of the 24.15obligation to comply with the provisions of this section to reactivate a license.24.16    Subd. 2.Reactivation from a temporary leave or emeritus status.To reactivate a 24.17license from a temporary leave or emeritus status, a licensee must do the following within 24.18the time period specified in section 148E.075, subdivisions 4 and 5:24.19(1) complete an application form specified by the board;24.20(2) document compliance with the continuing education requirements specified in 24.21subdivision 4;24.22(3) submit a supervision plan, if required;24.23(4) pay the reactivation of an inactive licensee fee specified in section 148E.180; and24.24(5) pay the wall certificate fee according to section 148E.095, subdivision 1, 24.25paragraph (b) or (c), if the licensee needs a duplicate license.24.26    Subd. 3.Reactivation of an expired license.To reactivate an expired license, a 24.27licensee must do the following within one year of the expiration date:24.28(1) complete an application form specified by the board;24.29(2) document compliance with the continuing education requirements that were 24.30in effect at the time the license expired;24.31(3) document compliance with the supervision requirements, if applicable, that were 24.32in effect at the time the license expired; and24.33(4) pay the reactivation of an expired license fee specified in section 148E.180.24.34    Subd. 4.Continuing education requirements.(a) A licensee who is on temporary 24.35leave or who has an emeritus license must obtain the continuing education hours that 25.1would be required if the license was active. At the time of reactivation, the licensee must 25.2document compliance with the continuing education requirements specified in sections 25.3148E.130 to 148E.170.25.4(b) A licensee applying for reactivation according to subdivision 2 or 3 may apply 25.5for a variance to the continuing education requirements according to sections 148E.130 to 25.6148E.170.25.7    Subd. 5.Reactivation of a voluntarily terminated license.To reactivate a 25.8voluntarily terminated license, a licensee must do the following within one year of the 25.9date the voluntary termination takes effect:25.10(1) complete an application form specified by the board;25.11(2) document compliance with the continuing education requirements that were in 25.12effect at the time the license was voluntarily terminated;25.13(3) document compliance with the supervision requirements, if applicable, that were 25.14in effect at the time the license was voluntarily terminated; and25.15(4) pay the reactivation of an expired or voluntarily terminated license fee specified 25.16in section 148E.180.25.17    Sec. 17. [148E.085] VOLUNTARY TERMINATIONS.25.18    Subdivision 1.Requests for voluntary termination.(a) A licensee may request 25.19voluntary termination of a license if the licensee demonstrates to the satisfaction of the 25.20board that the licensee is not engaged in the practice of social work in any setting except 25.21settings in which social workers are exempt from licensure according to section 148E.065.25.22(b) A licensee may apply for voluntary termination:25.23(1) at any time by submitting an application; or25.24(2) as an alternative to applying for the renewal of a license by so recording on 25.25the application for license renewal and submitting the completed, signed application to 25.26the board.25.27For applications submitted electronically, a "signed application" means providing an 25.28attestation as specified by the board. An application that is not completed and signed must 25.29be returned to the applicant and is void.25.30(c) The board may resolve any pending complaints against a licensee before 25.31approving a request for voluntary termination.25.32    Subd. 2.Application for new licensure.A licensee who has voluntarily terminated 25.33a license may not reactivate the license after one year following the date the voluntary 25.34termination takes effect. However, a licensee who has voluntarily terminated a license 25.35may apply for a new license according to section 148E.055.26.1    Subd. 3.Prohibition on practice.A licensee who has voluntarily terminated a 26.2license must not practice, attempt to practice, offer to practice, or advertise or hold out as 26.3authorized to practice social work, except when the individual is exempt from licensure 26.4according to section 148E.065.26.5    Subd. 4.Disciplinary or other action.The board may take action according to 26.6sections 148E.255 to 148E.270 against a licensee whose license has been terminated 26.7based on conduct occurring before the license is terminated or for practicing social 26.8work without a license.26.9    Sec. 18. [148E.090] NAME; CHANGE OF NAME OR ADDRESS.26.10    Subdivision 1.Name.A licensee must use the licensee's legal name or a professional 26.11name. If the licensee uses a professional name, the licensee must inform the board in 26.12writing of both the licensee's professional name and legal name and must comply with 26.13the requirements of this section.26.14    Subd. 2.Legal name change.Within 30 days after changing the licensee's legal 26.15name, a licensee must:26.16(1) request a new license wall certificate;26.17(2) provide legal verification of the name change; and26.18(3) pay the license wall certificate fee specified in section 148E.180.26.19    Subd. 3.Professional name change.Within 30 days after changing the licensee's 26.20professional name, a licensee must:26.21(1) request a new license wall certificate;26.22(2) provide a notarized statement attesting to the name change; and26.23(3) pay the license wall certificate fee specified in section 148E.180.26.24    Subd. 4.Address or telephone change.When a licensee changes a mailing 26.25address, home address, work address, e-mail address, or daytime public telephone number, 26.26the licensee must notify the board of the change electronically or in writing no more 26.27than 30 days after the date of the change.26.28    Sec. 19. [148E.095] LICENSE CERTIFICATE OR CARD.26.29    Subdivision 1.License wall certificate.(a) The board must issue a new license 26.30wall certificate when the board issues a new license. No fee in addition to the applicable 26.31license fee specified in section 148E.180 is required.26.32(b) The board must replace a license wall certificate when:26.33(1) a licensee submits an affidavit to the board that the original license wall 26.34certificate was lost, stolen, or destroyed; and27.1(2) the licensee submits the license wall certificate fee specified in section 148E.180.27.2(c) The board must issue a revised license wall certificate when:27.3(1) a licensee requests a revised license wall certificate according to this section; and27.4(2) a licensee submits the license wall certificate fee specified in section 148E.180.27.5(d) The board must issue an additional license wall certificate when:27.6(1) a licensee submits a written request for a new certificate because the licensee 27.7practices in more than one location; and27.8(2) the licensee submits the license wall certificate fee specified in section 148E.180.27.9    Subd. 2.License card.(a) The board must issue a new license card when the 27.10board issues a new license. No fee in addition to the applicable license fee specified 27.11in section 148E.180 is required.27.12(b) The board must replace a license card when a licensee submits:27.13(1) an affidavit to the board that the original license card was lost, stolen, or 27.14destroyed; and27.15(2) the license card fee specified in section 148E.180.27.16(c) The board must issue a revised license card when the licensee submits a written 27.17request for a new license wall certificate because of a new professional or legal name 27.18according to section 148E.090, subdivision 2 or 3. No fee in addition to the one specified 27.19in subdivision 1, paragraph (b), is required.27.20    Sec. 20. [148E.100] LICENSED SOCIAL WORKERS; SUPERVISED 27.21PRACTICE.27.22    Subdivision 1.Supervision required after licensure.After receiving a license 27.23from the board as a licensed social worker, the licensed social worker must obtain at least 27.24100 hours of supervision according to the requirements of this section.27.25    Subd. 2.Practice requirements.The supervision required by subdivision 1 must be 27.26obtained during the first 4,000 hours of postbaccalaureate social work practice authorized 27.27by law. At least four hours of supervision must be obtained during every 160 hours of 27.28practice.27.29    Subd. 3.Types of supervision.Of the 100 hours of supervision required under 27.30subdivision 1:27.31(1) 50 hours must be provided through one-on-one supervision, including: (i) 27.32a minimum of 25 hours of in-person supervision, and (ii) no more than 25 hours of 27.33supervision via eye-to-eye electronic media; and27.34(2) 50 hours must be provided through: (i) one-on-one supervision, or (ii) group 27.35supervision. The supervision may be in-person, by telephone, or via eye-to-eye electronic 28.1media. The supervision must not be provided by e-mail. Group supervision is limited to 28.2six members not counting the supervisor or supervisors.28.3    Subd. 4.Supervisor requirements.The supervision required by subdivision 1 must 28.4be provided by a supervisor who:28.5(1) is a licensed social worker who has completed the supervised practice 28.6requirements;28.7(2) is a licensed graduate social worker, licensed independent social worker, or 28.8licensed independent clinical social worker; or28.9(3) meets the requirements specified in section 148E.120, subdivision 2.28.10    Subd. 5.Supervisee requirements.The supervisee must:28.11(1) to the satisfaction of the supervisor, practice competently and ethically according 28.12to professional social work knowledge, skills, and values;28.13(2) receive supervision in the following content areas:28.14(i) development of professional values and responsibilities;28.15(ii) practice skills;28.16(iii) authorized scope of practice;28.17(iv) ensuring continuing competence; and28.18(v) ethical standards of practice;28.19(3) submit a supervision plan according to section 148E.125, subdivision 1; and28.20(4) if the board audits the supervisee's supervised practice, submit verification of 28.21supervised practice according to section 148E.125, subdivision 3.28.22    Subd. 6.After completion of supervision requirements.A licensed social worker 28.23who fulfills the supervision requirements specified in subdivisions 1 to 5 is not required to 28.24be supervised after completion of the supervision requirements.28.25    Subd. 7.Attestation.The social worker and the social worker's supervisor must 28.26attest that the supervisee has met or has made progress on meeting the applicable 28.27supervision requirements according to section 148E.125, subdivision 2.28.28    Sec. 21. [148E.105] LICENSED GRADUATE SOCIAL WORKERS WHO DO 28.29NOT PRACTICE CLINICAL SOCIAL WORK; SUPERVISED PRACTICE.28.30    Subdivision 1.Supervision required after licensure.After receiving a license 28.31from the board as a licensed graduate social worker, a licensed graduate social worker 28.32must obtain at least 100 hours of supervision according to the requirements of this section.28.33    Subd. 2.Practice requirements.The supervision required by subdivision 1 must 28.34be obtained during the first 4,000 hours of postgraduate social work practice authorized 29.1by law. At least four hours of supervision must be obtained during every 160 hours of 29.2practice.29.3    Subd. 3.Types of supervision.Of the 100 hours of supervision required under 29.4subdivision 1:29.5(1) 50 hours must be provided though one-on-one supervision, including: (i) 29.6a minimum of 25 hours of in-person supervision, and (ii) no more than 25 hours of 29.7supervision via eye-to-eye electronic media; and29.8(2) 50 hours must be provided through: (i) one-on-one supervision, or (ii) group 29.9supervision. The supervision may be in-person, by telephone, or via eye-to-eye electronic 29.10media. The supervision must not be provided by e-mail. Group supervision is limited 29.11to six supervisees.29.12    Subd. 4.Supervisor requirements.The supervision required by subdivision 1 must 29.13be provided by a supervisor who meets the requirements specified in section 148E.120. 29.14The supervision must be provided by a:29.15(1) licensed independent social worker; 29.16(2) licensed graduate social worker who has completed the supervised practice 29.17requirements; 29.18(3) licensed independent clinical social worker; or 29.19(4) a supervisor who meets the requirements specified in section 148E.120, 29.20subdivision 2.29.21    Subd. 5.Supervisee requirements.The supervisee must:29.22(1) to the satisfaction of the supervisor, practice competently and ethically according 29.23to professional social work knowledge, skills, and values;29.24(2) receive supervision in the following content areas:29.25(i) development of professional values and responsibilities;29.26(ii) practice skills;29.27(iii) authorized scope of practice;29.28(iv) ensuring continuing competence; and29.29(v) ethical standards of practice;29.30(3) submit a supervision plan according to section 148E.125, subdivision 1; and29.31(4) verify supervised practice according to section 148E.125, subdivision 3, if:29.32(i) the board audits the supervisee's supervised practice; or29.33(ii) a licensed graduate social worker applies for a licensed independent social 29.34worker license.29.35    Subd. 6.Supervision not required after completion of supervision requirements.29.36A licensed graduate social worker who fulfills the supervision requirements specified in 30.1subdivisions 1 to 5, and who does not practice clinical social work, is not required to be 30.2supervised after completion of the supervision requirements.30.3    Subd. 7.Attestation.A social worker and the social worker's supervisor must attest 30.4that the supervisee has met or has made progress on meeting the applicable supervision 30.5requirements according to section 148E.125, subdivision 2.30.6    Subd. 8.Eligibility to apply for licensure as a licensed independent social 30.7worker.Upon completion of 4,000 hours of social work practice, including at least 100 30.8hours of supervision according to the requirements of this section, a licensed graduate 30.9social worker is eligible to apply for a licensed independent social worker license 30.10according to section 148E.110.30.11    Sec. 22. [148E.106] LICENSED GRADUATE SOCIAL WORKERS WHO 30.12PRACTICE CLINICAL SOCIAL WORK; SUPERVISED PRACTICE.30.13    Subdivision 1.Supervision required after licensure.After receiving a license 30.14from the board as a licensed graduate social worker, a licensed graduate social worker 30.15must obtain at least 200 hours of supervision according to the requirements of this section.30.16    Subd. 2.Practice requirements.The supervision required by subdivision 1 must 30.17be obtained during the first 4,000 hours of postgraduate social work practice authorized 30.18by law. At least eight hours of supervision must be obtained during every 160 hours of 30.19practice.30.20    Subd. 3.Types of supervision.Of the 200 hours of supervision required under 30.21subdivision 1:30.22(1) 100 hours must be provided through one-on-one supervision, including: (i) 30.23a minimum of 50 hours of in-person supervision, and (ii) no more than 50 hours of 30.24supervision via eye-to-eye electronic media; and30.25(2) 100 hours must be provided through: (i) one-on-one supervision, or (ii) group 30.26supervision. The supervision may be in-person, by telephone, or via eye-to-eye electronic 30.27media. The supervision must not be provided by e-mail. Group supervision is limited 30.28to six supervisees.30.29    Subd. 4.Supervisor requirements.The supervision required by subdivision 1 must 30.30be provided by a supervisor who meets the requirements specified in section 148E.120. 30.31The supervision must be provided:30.32(1) by a licensed independent clinical social worker; or30.33(2) by a supervisor who meets the requirements specified in section 148E.120, 30.34subdivision 2.30.35    Subd. 5.Supervisee requirements.The supervisee must:31.1(1) to the satisfaction of the supervisor, practice competently and ethically according 31.2to professional social work knowledge, skills, and values;31.3(2) receive supervision in the following content areas:31.4(i) development of professional values and responsibilities;31.5(ii) practice skills;31.6(iii) authorized scope of practice;31.7(iv) ensuring continuing competence; and31.8(v) ethical standards of practice;31.9(3) submit a supervision plan according to section 148E.125, subdivision 1; and 31.10(4) verify supervised practice according to section 148E.125, subdivision 3, if:31.11(i) the board audits the supervisee's supervised practice; or31.12(ii) a licensed graduate social worker applies for a licensed independent clinical 31.13social worker license.31.14    Subd. 6.Supervision required.A licensed graduate social worker must not engage 31.15in clinical social work practice except under supervision by a licensed independent 31.16clinical social worker or an alternate supervisor designated according to section 148E.120, 31.17subdivision 2.31.18    Subd. 7.Limit on practice of clinical social work.(a) Except as provided in 31.19subdivision 8, a licensed graduate social worker must not engage in clinical social work 31.20practice under supervision for more than 8,000 hours. In order to practice clinical social 31.21work for more than 8,000 hours, a licensed graduate social worker must obtain a licensed 31.22independent clinical social worker license.31.23(b) Notwithstanding the requirements of paragraph (a), the board may grant a 31.24licensed graduate social worker permission to engage in clinical social work practice for 31.25more than 8,000 hours if the licensed graduate social worker petitions the board and 31.26demonstrates to the board's satisfaction that for reasons of personal hardship the licensed 31.27graduate social worker should be granted an extension to continue practicing clinical 31.28social work under supervision for up to an additional 2,000 hours.31.29    Subd. 8.Eligibility to apply for licensure as a licensed independent social 31.30worker.Upon completion of 4,000 hours of clinical social work practice, including at 31.31least 1,800 hours of direct clinical client contact and 200 hours of supervision according to 31.32the requirements of this section, a licensed graduate social worker is eligible to apply for a 31.33licensed independent clinical social worker license under section 148E.115, subdivision 1.31.34    Subd. 9.Attestation.A social worker and the social worker's supervisor must attest 31.35that the supervisee has met or has made progress on meeting the applicable supervision 31.36requirements according to section 148E.125, subdivision 2.32.1    Sec. 23. [148E.110] LICENSED INDEPENDENT SOCIAL WORKERS; 32.2SUPERVISED PRACTICE.32.3    Subdivision 1.Supervision required before licensure.Before becoming licensed 32.4as a licensed independent social worker, a person must have obtained at least 100 hours 32.5of supervision during 4,000 hours of postgraduate social work practice required by law 32.6according to the requirements of section 148E.105, subdivisions 3, 4, and 5. At least four 32.7hours of supervision must be obtained during every 160 hours of practice.32.8    Subd. 2.Licensed independent social workers; clinical social work after 32.9licensure.After licensure, a licensed independent social worker must not engage in 32.10clinical social work practice except under supervision by a licensed independent clinical 32.11social worker or an alternate supervisor designated according to section 148E.120, 32.12subdivision 2.32.13    Subd. 3.Limit on practice of clinical social work.(a) Except as provided in 32.14paragraph (b), a licensed independent social worker must not engage in clinical social 32.15work practice under supervision for more than 8,000 hours. In order to practice clinical 32.16social work for more than 8,000 hours, a licensed independent social worker must obtain a 32.17licensed independent clinical social worker license.32.18(b) Notwithstanding the requirements of paragraph (a), the board may grant a 32.19licensed independent social worker permission to engage in clinical social work practice 32.20for more than 8,000 hours if the licensed independent social worker petitions the board 32.21and demonstrates to the board's satisfaction that for reasons of personal hardship the 32.22licensed independent social worker should be granted an extension to continue practicing 32.23clinical social work under supervision for up to an additional 2,000 hours.32.24    Subd. 4.Licensed independent social workers who do not practice clinical 32.25social work after licensure.After licensure, a licensed independent social worker is not 32.26required to be supervised if the licensed independent social worker does not practice 32.27clinical social work.32.28    Sec. 24. [148E.115] LICENSED INDEPENDENT CLINICAL SOCIAL 32.29WORKERS; SUPERVISION.32.30    Subdivision 1.Supervision required before licensure.Before becoming licensed 32.31as a licensed independent clinical social worker, a person must have obtained at least 200 32.32hours of supervision during 4,000 hours of postgraduate clinical practice required by law 32.33according to the requirements of section 148E.106.32.34    Subd. 2.No supervision required after licensure.After licensure, a licensed 32.35independent clinical social worker is not required to be supervised.33.1    Sec. 25. [148E.120] REQUIREMENTS OF SUPERVISORS.33.2    Subdivision 1.Supervisors licensed as social workers.(a) Except as provided in 33.3paragraph (b), to be eligible to provide supervision under this section, a social worker must:33.4(1) have at least 2,000 hours of experience in authorized social work practice. If 33.5the person is providing clinical supervision, the 2,000 hours must include 1,000 hours of 33.6experience in clinical practice;33.7(2) have completed 30 hours of training in supervision through coursework from 33.8an accredited college or university, or through continuing education in compliance with 33.9sections 148E.130 to 148E.170;33.10(3) be competent in the activities being supervised; and 33.11(4) attest, on a form provided by the board, that the social worker has met the 33.12applicable requirements specified in this section and sections 148E.100 to 148E.115. The 33.13board may audit the information provided to determine compliance with the requirements 33.14of this section.33.15(b) If the board determines that supervision is not obtainable from an individual 33.16meeting the requirements specified in paragraph (a), the board may approve an alternate 33.17supervisor according to subdivision 2.33.18    Subd. 2.Alternate supervisors.(a) The board may approve an alternate supervisor 33.19if:33.20(1) the board determines that supervision is not obtainable according to paragraph 33.21(b);33.22(2) the licensee requests in the supervision plan submitted according to section 33.23148E.125, subdivision 1, that an alternate supervisor conduct the supervision;33.24(3) the licensee describes the proposed supervision and the name and qualifications 33.25of the proposed alternate supervisor; and33.26(4) the requirements of paragraph (d) are met.33.27(b) The board may determine that supervision is not obtainable if:33.28(1) the licensee provides documentation as an attachment to the supervision plan 33.29submitted according to section 148E.125, subdivision 1, that the licensee has conducted a 33.30thorough search for a supervisor meeting the applicable licensure requirements specified 33.31in sections 148E.100 to 148E.115;33.32(2) the licensee demonstrates to the board's satisfaction that the search was 33.33unsuccessful; and33.34(3) the licensee describes the extent of the search and the names and locations of 33.35the persons and organizations contacted.34.1(c) The requirements specified in paragraph (b) do not apply to obtaining supervision 34.2for clinical practice if the board determines that there are five or fewer licensed 34.3independent clinical social workers in the county where the licensee practices social work.34.4(d) An alternate supervisor must:34.5(1) be an unlicensed social worker who is employed in, and provides the supervision 34.6in, a setting exempt from licensure by section 148E.065, and who has qualifications 34.7equivalent to the applicable requirements specified in sections 148E.100 to 148E.115;34.8(2) be a social worker engaged in authorized practice in Iowa, Manitoba, North 34.9Dakota, Ontario, South Dakota, or Wisconsin, and has the qualifications equivalent to the 34.10applicable requirements specified in sections 148E.100 to 148E.115; or34.11(3) be a licensed marriage and family therapist or a mental health professional 34.12as established by section 245.462, subdivision 18, or 245.4871, subdivision 27, or an 34.13equivalent mental health professional, as determined by the board, who is licensed or 34.14credentialed by a state, territorial, provincial, or foreign licensing agency.34.15In order to qualify to provide clinical supervision of a licensed graduate social 34.16worker or licensed independent social worker engaged in clinical practice, the alternate 34.17supervisor must be a mental health professional as established by section 245.462, 34.18subdivision 18, or 245.4871, subdivision 27, or an equivalent mental health professional, 34.19as determined by the board, who is licensed or credentialed by a state, territorial, 34.20provincial, or foreign licensing agency.34.21    Sec. 26. [148E.125] DOCUMENTATION OF SUPERVISION.34.22    Subdivision 1.Supervision plan.(a) A social worker must submit, on a form 34.23provided by the board, a supervision plan for meeting the supervision requirements 34.24specified in sections 148E.100 to 148E.120.34.25(b) The supervision plan must be submitted no later than 90 days after the licensee 34.26begins a social work practice position after becoming licensed.34.27(c) For failure to submit the supervision plan within 90 days after beginning a social 34.28work practice position, a licensee must pay the supervision plan late fee specified in 34.29section 148E.180 when the licensee applies for license renewal.34.30(d) A license renewal application submitted according to paragraph (a) must not be 34.31approved unless the board has received a supervision plan.34.32(e) The supervision plan must include the following:34.33(1) the name of the supervisee, the name of the agency in which the supervisee is 34.34being supervised, and the supervisee's position title;34.35(2) the name and qualifications of the person providing the supervision;35.1(3) the number of hours of one-on-one in-person supervision and the number and 35.2type of additional hours of supervision to be completed by the supervisee;35.3(4) the supervisee's position description;35.4(5) a brief description of the supervision the supervisee will receive in the following 35.5content areas:35.6(i) clinical practice, if applicable;35.7(ii) development of professional social work knowledge, skills, and values;35.8(iii) practice methods;35.9(iv) authorized scope of practice;35.10(v) ensuring continuing competence; and35.11(vi) ethical standards of practice; and35.12(6) if applicable, a detailed description of the supervisee's clinical social work 35.13practice, addressing:35.14(i) the client population, the range of presenting issues, and the diagnoses;35.15(ii) the clinical modalities that were utilized; and35.16(iii) the process utilized for determining clinical diagnoses, including the diagnostic 35.17instruments used and the role of the supervisee in the diagnostic process.35.18(f) The board must receive a revised supervision plan within 90 days of any of the 35.19following changes:35.20(1) the supervisee has a new supervisor;35.21(2) the supervisee begins a new social work position;35.22(3) the scope or content of the supervisee's social work practice changes substantially;35.23(4) the number of practice or supervision hours changes substantially; or35.24(5) the type of supervision changes as supervision is described in section 148E.100, 35.25subdivision 3, or 148E.105, subdivision 3, or as required in section 148E.115, subdivision 35.264.35.27(g) For failure to submit a revised supervision plan as required in paragraph (f), a 35.28supervisee must pay the supervision plan late fee specified in section 148E.180, when 35.29the supervisee applies for license renewal.35.30(h) The board must approve the supervisor and the supervision plan.35.31    Subd. 2.Attestation.(a) When a supervisee submits renewal application materials 35.32to the board, the supervisee and supervisor must submit an attestation providing the 35.33following information on a form provided by the board:35.34(1) the name of the supervisee, the name of the agency in which the supervisee is 35.35being supervised, and the supervisee's position title;35.36(2) the name and qualifications of the supervisor;36.1(3) the number of hours and dates of each type of supervision completed;36.2(4) the supervisee's position description;36.3(5) a declaration that the supervisee has not engaged in conduct in violation of the 36.4standards of practice specified in sections 148E.195 to 148E.240;36.5(6) a declaration that the supervisee has practiced competently and ethically 36.6according to professional social work knowledge, skills, and values; and36.7(7) a list of the content areas in which the supervisee has received supervision, 36.8including the following:36.9(i) clinical practice, if applicable;36.10(ii) development of professional social work knowledge, skills, and values;36.11(iii) practice methods;36.12(iv) authorized scope of practice;36.13(v) ensuring continuing competence; and36.14(vi) ethical standards of practice.36.15(b) The information provided on the attestation form must demonstrate to the board's 36.16satisfaction that the supervisee has met or has made progress on meeting the applicable 36.17supervised practice requirements.36.18    Subd. 3.Verification of supervised practice.(a) In addition to receiving the 36.19attestation required according to subdivision 2, the board must receive verification of 36.20supervised practice if:36.21(1) the board audits the supervision of a supervisee according to section 148E.070, 36.22subdivision 3; or36.23(2) an applicant applies for a license as a licensed independent social worker or as a 36.24licensed independent clinical social worker.36.25(b) When verification of supervised practice is required according to paragraph (a), 36.26the board must receive from the supervisor the following information on a form provided 36.27by the board:36.28(1) the name of the supervisee, the name of the agency in which the supervisee is 36.29being supervised, and the supervisee's position title;36.30(2) the name and qualifications of the supervisor;36.31(3) the number of hours and dates of each type of supervision completed;36.32(4) the supervisee's position description;36.33(5) a declaration that the supervisee has not engaged in conduct in violation of the 36.34standards of practice specified in sections 148E.195 to 148E.240;36.35(6) a declaration that the supervisee has practiced ethically and competently 36.36according to professional social work knowledge, skills, and values;37.1(7) a list of the content areas in which the supervisee has received supervision, 37.2including the following:37.3(i) clinical practice, if applicable;37.4(ii) development of professional social work knowledge, skills, and values;37.5(iii) practice methods;37.6(iv) authorized scope of practice;37.7(v) ensuring continuing competence; and37.8(vi) ethical standards of practice; and37.9(8) if applicable, a detailed description of the supervisee's clinical social work 37.10practice, addressing:37.11(i) the client population, the range of presenting issues, and the diagnoses;37.12(ii) the clinical modalities that were utilized; and37.13(iii) the process utilized for determining clinical diagnoses, including the diagnostic 37.14instruments used and the role of the supervisee in the diagnostic process.37.15(c) The information provided on the verification form must demonstrate to the board's 37.16satisfaction that the supervisee has met the applicable supervised practice requirements.37.17    Subd. 4.Alternative verification of supervised practice.Notwithstanding the 37.18requirements of subdivision 3, the board may accept alternative verification of supervised 37.19practice if a supervisee demonstrates to the satisfaction of the board that the supervisee is 37.20unable to locate a former supervisor to provide the required information.37.21    Sec. 27. [148E.130] CLOCK HOURS REQUIRED.37.22    Subdivision 1.Total clock hours required.At the time of license renewal, a 37.23licensee must provide evidence satisfactory to the board that the licensee has, during the 37.24renewal term, completed at least 40 clock hours of continuing education.37.25    Subd. 2.Ethics requirement.At least two of the clock hours required under 37.26subdivision 1 must be in social work ethics.37.27    Subd. 3.Requirement for LICSWs.For licensed independent clinical social 37.28workers, at least 24 of the clock hours required under subdivision 1 must be in the clinical 37.29content areas specified in section 148E.055, subdivision 5.37.30    Subd. 4.Requirement for supervisors.For social workers providing supervision 37.31according to sections 148E.100 to 148E.125, at least six of the clock hours required under 37.32subdivision 1 must be in the practice of supervision.37.33    Subd. 5.Independent study.Independent study must not consist of more than ten 37.34clock hours of continuing education per renewal term. Independent study must be for 37.35publication, public presentation, or professional development. Independent study includes, 38.1but is not limited to, electronic study. For purposes of subdivision 6, independent study 38.2includes consultation with an experienced supervisor regarding the practice of supervision.38.3    Subd. 6.Coursework.One credit of coursework in a semester-based academic 38.4institution is the equivalent of 15 clock hours.38.5    Subd. 7.Prorated renewal term.If the licensee's renewal term is prorated to be 38.6less or more than 24 months, the required number of continuing education clock hours is 38.7prorated proportionately.38.8    Sec. 28. [148E.135] APPROVAL OF CLOCK HOURS.38.9    Subdivision 1.Ways of approving clock hours.The clock hours required under 38.10section 148E.130 must be approved in one or more of the following ways:38.11(1) the hours must be offered by a continuing education provider approved by the 38.12board;38.13(2) the hours must be offered by a continuing education provider approved by the 38.14Association of Social Work Boards or a similar examination body designated by the board;38.15(3) the hours must be earned through a continuing education program approved by 38.16the National Association of Social Workers; or38.17(4) the hours must be earned through a continuing education program approved 38.18by the board.38.19    Subd. 2.Preapproval not required.Providers and programs are not required to be 38.20preapproved but must meet the requirements specified in this section.38.21    Sec. 29. [148E.140] VARIANCES.38.22The board may grant a variance to the continuing education requirements specified 38.23in section 148E.130, when a licensee demonstrates to the satisfaction of the board that the 38.24licensee is unable to complete the required number of clock hours during the renewal term. 38.25The board may allow a licensee to complete the required number of clock hours within a 38.26time frame specified by the board. The board must not allow a licensee to complete less 38.27than the required number of clock hours.38.28    Sec. 30. [148E.145] CONTINUING EDUCATION PROVIDERS APPROVED 38.29BY BOARD.38.30    Subdivision 1.Board approval.(a) The board must approve a continuing education 38.31provider who:38.32(1) submits a completed application to the board which provides the information 38.33required by subdivision 2 and which meets the criteria specified in subdivision 3; and39.1(2) pays the provider fee specified in section 148E.180.39.2(b) An approval is valid for programs offered no later than one year from the date 39.3the application is approved by the board.39.4    Subd. 2.Information required.The information that must be provided to the board 39.5includes, but is not limited to, the following:39.6(1) the name of the continuing education provider;39.7(2) the address, telephone number, and e-mail address of a contact person for the 39.8provider;39.9(3) a signed statement that indicates the provider understands and agrees to abide by 39.10the criteria specified in subdivision 3; and39.11(4) a signed statement that indicates the provider agrees to furnish a certificate of 39.12attendance to each participant in a program offered by the provider.39.13    Subd. 3.Criteria for programs.(a) A continuing education provider must employ 39.14the following criteria in determining whether to offer a continuing education program:39.15(1) whether the material to be presented will promote the standards of practice 39.16described in sections 148E.195 to 148E.240;39.17(2) whether the material to be presented will contribute to the practice of social work 39.18as defined in section 148E.010;39.19(3) whether the material to be presented is intended for the benefit of practicing 39.20social workers; and39.21(4) whether the persons presenting the program are qualified in the subject matter 39.22being presented.39.23(b) The material presented must not be primarily procedural or primarily oriented 39.24towards business practices or self-development.39.25    Subd. 4.Audits.(a) The board may audit programs offered by a continuing 39.26education provider approved by the board to determine compliance with the requirements 39.27of this section.39.28(b) A continuing education provider audited by the board must provide the 39.29documentation specified in subdivision 5.39.30    Subd. 5.Records retention; continuing education providers.For three years 39.31following the end of each program offered by a continuing education provider, the 39.32provider must maintain the following information:39.33(1) the title of the program;39.34(2) a description of the content and objectives of the program;39.35(3) the date of the program;39.36(4) the number of clock hours credited for participation in the program;40.1(5) the program location;40.2(6) the names and qualifications of the primary presenters;40.3(7) a description of the primary audience the program was designed for; and40.4(8) a list of the participants in the program.40.5    Sec. 31. [148E.150] APPROVED CONTINUING EDUCATION PROVIDERS.40.6In order to receive credit for a program offered by a continuing education provider 40.7approved by the Association of Social Work Boards or a similar examination body 40.8designated by the board, the provider must be listed on the Association of Social Work 40.9Boards Web site as a provider currently approved by the Association of Social Work 40.10Boards or a similar examination body designated by the board.40.11    Sec. 32. [148E.155] APPROVED CONTINUING EDUCATION PROGRAMS.40.12In order to receive credit for a program approved by the National Association of 40.13Social Workers, the program must be listed on the National Association of Social Workers 40.14Web site as a program currently approved by the National Association of Social Workers.40.15    Sec. 33. [148E.160] CONTINUING EDUCATION PROGRAMS APPROVED 40.16BY BOARD.40.17    Subdivision 1.Required program content.In order to be approved by the board, a 40.18continuing education program must:40.19(1) promote the standards of practice described in sections 148E.195 to 148E.240;40.20(2) contribute to the practice of social work as defined in section 148E.010; and40.21(3) not be primarily procedural or be primarily oriented towards business practices 40.22or self-development.40.23    Subd. 2.Types of continuing education programs.In order to be approved by 40.24the board, a continuing education program must be one of the following: academic 40.25coursework offered by an institution of higher learning; educational workshops, seminars, 40.26or conferences offered by an organization or individual; staff training offered by a public 40.27or private employer; or independent study.40.28    Sec. 34. [148E.165] CONTINUING EDUCATION REQUIREMENTS OF 40.29LICENSEES.40.30    Subdivision 1.Records retention; licensees.For one year following the expiration 40.31date of a license, the licensee must maintain documentation of clock hours earned during 40.32the previous renewal term. The documentation must include the following:41.1(1) for educational workshops or seminars offered by an organization or at a 41.2conference, a copy of the certificate of attendance issued by the presenter or sponsor 41.3giving the following information:41.4(i) the name of the sponsor or presenter of the program;41.5(ii) the title of the workshop or seminar;41.6(iii) the dates the licensee participated in the program; and41.7(iv) the number of clock hours completed;41.8(2) for academic coursework offered by an institution of higher learning, a copy of a 41.9transcript giving the following information:41.10(i) the name of the institution offering the course;41.11(ii) the title of the course;41.12(iii) the dates the licensee participated in the course; and41.13(iv) the number of credits completed;41.14(3) for staff training offered by public or private employers, a copy of the certificate 41.15of attendance issued by the employer giving the following information:41.16(i) the name of the employer;41.17(ii) the title of the staff training;41.18(iii) the dates the licensee participated in the program; and41.19(iv) the number of clock hours completed; and41.20(4) for independent study, including electronic study, a written summary of the study 41.21conducted, including the following information:41.22(i) the topics studied;41.23(ii) a description of the applicability of the study to the licensee's authorized scope of 41.24practice;41.25(iii) the titles and authors of books and articles consulted or the name of the 41.26organization offering the study;41.27(iv) the dates the licensee conducted the study; and41.28(v) the number of clock hours the licensee conducted the study.41.29    Subd. 2.Audits.The board may audit license renewal and reactivation applications 41.30to determine compliance with the requirements of sections 148E.130 to 148E.170. A 41.31licensee audited by the board must provide the documentation specified in subdivision 41.321 regardless of whether the provider or program has been approved by the board, the 41.33Association of Social Work Boards, or a similar examination body designated by the 41.34board, or the National Association of Social Workers.42.1    Sec. 35. [148E.170] REVOCATION OF CONTINUING EDUCATION 42.2APPROVALS.42.3The board may revoke approval of a provider or of a program offered by a provider, 42.4or of an individual program approved by the board, if the board determines subsequent 42.5to the approval that the provider or program failed to meet the requirements of sections 42.6148E.130 to 148E.170.42.7    Sec. 36. [148E.175] FEES.42.8The fees specified in section 148E.180 are nonrefundable and must be deposited in 42.9the state government special revenue fund.42.10    Sec. 37. [148E.180] FEE AMOUNTS.42.11    Subdivision 1.Application fees.Application fees for licensure are as follows:42.12(1) for a licensed social worker, $45;42.13(2) for a licensed graduate social worker, $45;42.14(3) for a licensed independent social worker, $90;42.15(4) for a licensed independent clinical social worker, $90;42.16(5) for a temporary license, $50; and42.17(6) for a licensure by endorsement, $150.42.18The fee for criminal background checks is the fee charged by the Bureau of Criminal 42.19Apprehension. The criminal background check fee must be included with the application 42.20fee as required according to section 148E.055.42.21    Subd. 2.License fees.License fees are as follows:42.22(1) for a licensed social worker, $115.20;42.23(2) for a licensed graduate social worker, $201.60;42.24(3) for a licensed independent social worker, $302.40;42.25(4) for a licensed independent clinical social worker, $331.20;42.26(5) for an emeritus license, $43.20; and42.27(6) for a temporary leave fee, the same as the renewal fee specified in subdivision 3.42.28If the licensee's initial license term is less or more than 24 months, the required 42.29license fees must be prorated proportionately.42.30    Subd. 3.Renewal fees.Renewal fees for licensure are as follows:42.31(1) for a licensed social worker, $115.20;42.32(2) for a licensed graduate social worker, $201.60;42.33(3) for a licensed independent social worker, $302.40; and42.34(4) for a licensed independent clinical social worker, $331.20.43.1    Subd. 4.Continuing education provider fees.Continuing education provider 43.2fees are as follows:43.3(1) for a provider who offers programs totaling one to eight clock hours in a one-year 43.4period according to section 148E.145, $50;43.5(2) for a provider who offers programs totaling nine to 16 clock hours in a one-year 43.6period according to section 148E.145, $100;43.7(3) for a provider who offers programs totaling 17 to 32 clock hours in a one-year 43.8period according to section 148E.145, $200;43.9(4) for a provider who offers programs totaling 33 to 48 clock hours in a one-year 43.10period according to section 148E.145, $400; and43.11(5) for a provider who offers programs totaling 49 or more clock hours in a one-year 43.12period according to section 148E.145, $600.43.13    Subd. 5.Late fees.Late fees are as follows:43.14(1) renewal late fee, one-half of the renewal fee specified in subdivision 3; and43.15(2) supervision plan late fee, $40.43.16    Subd. 6.License cards and wall certificates.(a) The fee for a license card as 43.17specified in section 148E.095 is $10.43.18(b) The fee for a license wall certificate as specified in section 148E.095 is $30.43.19    Subd. 7.Reactivation fees.Reactivation fees are as follows:43.20(1) reactivation from a temporary leave or emeritus status, the prorated share of the 43.21renewal fee specified in subdivision 3; and43.22(2) reactivation of an expired license, 1-1/2 times the renewal fees specified in 43.23subdivision 3.43.24    Sec. 38. [148E.185] PURPOSE OF COMPLIANCE LAWS.43.25The purpose of sections 148E.185 to 148E.290 is to protect the public by ensuring 43.26that all persons licensed as social workers meet minimum standards of practice. The 43.27board shall promptly and fairly investigate and resolve all complaints alleging violations 43.28of statutes and rules that the board is empowered to enforce and (1) take appropriate 43.29disciplinary action, adversarial action, or other action justified by the facts, or (2) enter 43.30into corrective action agreements or stipulations to cease practice, when doing so is 43.31consistent with the board's obligation to protect the public.43.32    Sec. 39. [148E.190] GROUNDS FOR ACTION.44.1    Subdivision 1.Scope.The grounds for action in subdivisions 2 to 4 and the 44.2standards of practice requirements in sections 148E.195 to 148E.240 apply to all licensees 44.3and applicants.44.4    Subd. 2.Violations.The board has grounds to take action according to sections 44.5148E.255 to 148E.270 when a social worker violates:44.6(1) a statute or rule enforced by the board, including this section and sections 44.7148E.195 to 148E.240;44.8(2) a federal or state law or rule related to the practice of social work; or44.9(3) an order, stipulation, or agreement agreed to or issued by the board.44.10    Subd. 3.Conduct before licensure.A violation of the requirements specified in this 44.11section and sections 148E.195 to 148E.240 is grounds for the board to take action under 44.12sections 148E.255 to 148E.270. The board's jurisdiction to exercise the powers provided in 44.13this section extends to an applicant or licensee's conduct that occurred before licensure if:44.14(1) the conduct did not meet the minimum accepted and prevailing standards of 44.15professional social work practice at the time the conduct occurred; or44.16(2) the conduct adversely affects the applicant or licensee's present ability to practice 44.17social work in conformity with the requirements of sections 148E.195 to 148E.240.44.18    Subd. 4.Unauthorized practice.The board has grounds to take action according 44.19to sections 148E.255 to 148E.270 when a social worker:44.20(1) practices outside the scope of practice authorized by section 148E.050;44.21(2) engages in the practice of social work without a social work license under 44.22section 148E.055 or 148E.060, except when the social worker is exempt from licensure 44.23under section 148E.065;44.24(3) provides social work services to a client who receives social work services in 44.25this state, and is not licensed under section 148E.055 or 148E.060, except when the social 44.26worker is exempt from licensure under section 148E.065.44.27    Sec. 40. [148E.195] REPRESENTATIONS TO CLIENTS AND PUBLIC.44.28    Subdivision 1.Required displays and information for clients.(a) A social worker 44.29must conspicuously display at the social worker's places of practice, or make available as 44.30a handout for all clients, information that the client has the right to the following:44.31(1) to be informed of the social worker's license status, education, training, and 44.32experience;44.33(2) to examine public data on the social worker maintained by the board;44.34(3) to report a complaint about the social worker's practice to the board; and45.1(4) to be informed of the board's mailing address, e-mail address, Web site address, 45.2and telephone number.45.3(b) A social worker must conspicuously display the social worker's wall certificate at 45.4the social worker's places of practice and office locations. Additional wall certificates may 45.5be requested according to section 148E.095.45.6    Subd. 2.Representations.(a) No applicant or other individual may be represented 45.7to the public by any title incorporating the words "social work" or "social worker" unless 45.8the individual holds a license according to sections 148E.055 and 148E.060 or practices in 45.9a setting exempt from licensure according to section 148E.065.45.10(b) In all professional use of a social worker's name, the social worker must use 45.11the license designation "LSW" or "licensed social worker" for a licensed social worker, 45.12"LGSW" or "licensed graduate social worker" for a licensed graduate social worker, 45.13"LISW" or "licensed independent social worker" for a licensed independent social worker, 45.14or "LICSW" or "licensed independent clinical social worker" for a licensed independent 45.15clinical social worker.45.16(c) Public statements or advertisements must not be untruthful, misleading, false, 45.17fraudulent, deceptive, or potentially exploitative of clients, former clients, interns, 45.18students, supervisees, or the public.45.19(d) A social worker must not:45.20(1) use licensure status as a claim, promise, or guarantee of successful service;45.21(2) obtain a license by cheating or employing fraud or deception;45.22(3) make false statements or misrepresentations to the board or in materials 45.23submitted to the board; or45.24(4) engage in conduct that has the potential to deceive or defraud a social work 45.25client, intern, student, supervisee, or the public.45.26    Subd. 3.Information on credentials.(a) A social worker must provide accurate 45.27and factual information concerning the social worker's credentials, education, training, 45.28and experience when the information is requested by clients, potential clients, or other 45.29persons or organizations.45.30(b) A social worker must not misrepresent directly or by implication the social 45.31worker's license, degree, professional certifications, affiliations, or other professional 45.32qualifications in any oral or written communications to clients, potential clients, or other 45.33persons or organizations. A social worker must take reasonable steps to prevent such 45.34misrepresentations by other social workers.45.35(c) A social worker must not hold out as a person licensed as a social worker without 45.36having a social work license according to sections 148E.055 and 148E.060.46.1(d) A social worker must not misrepresent directly or by implication (1) affiliations 46.2with institutions or organizations, or (2) purposes or characteristics of institutions or 46.3organizations with which the social worker is or has been affiliated.46.4    Sec. 41. [148E.200] COMPETENCE.46.5    Subdivision 1.Competence.(a) A social worker must provide services and hold 46.6out as competent only to the extent the social worker's education, training, license, 46.7consultation received, supervision experience, or other relevant professional experience 46.8demonstrate competence in the services provided. A social worker must make a referral 46.9to a competent professional when the services required are beyond the social worker's 46.10competence or authorized scope of practice.46.11(b) When generally recognized standards do not exist with respect to an emerging 46.12area of practice, including but not limited to providing social work services through 46.13electronic means, a social worker must take the steps necessary, such as consultation or 46.14supervision, to ensure the competence of the social worker's work and to protect clients 46.15from harm.46.16    Subd. 2.Supervision or consultation.Notwithstanding the completion of 46.17supervision requirements as specified in sections 148E.100 to 148E.125, a social worker 46.18must obtain supervision or engage in consultation when appropriate or necessary for 46.19competent and ethical practice.46.20    Subd. 3.Delegation of social work responsibilities.(a) A social worker must not 46.21delegate a social work responsibility to another individual when the social worker knows 46.22or reasonably should know that the individual is not licensed when required to be licensed 46.23according to sections 148E.055 and 148E.060.46.24(b) A social worker must not delegate a social work responsibility to another 46.25individual when the social worker knows or reasonably should know that the individual is 46.26not competent to assume the responsibility or perform the task.46.27    Sec. 42. [148E.205] IMPAIRMENT.46.28    Subdivision 1.Grounds for action.The board has grounds to take action under 46.29sections 148E.255 to 148E.270 when a social worker is unable to practice with reasonable 46.30skill and safety by reason of illness, use of alcohol, drugs, chemicals, or any other 46.31materials, or as a result of any mental, physical, or psychological condition.46.32    Subd. 2.Self-reporting.A social worker regulated by the board who is unable 46.33to practice with reasonable skill and safety by reason of illness, use of alcohol, drugs, 47.1chemicals, or any other materials, or as a result of any mental, physical, or psychological 47.2condition, must report to the board or the health professionals services program.47.3    Sec. 43. [148E.210] PROFESSIONAL AND ETHICAL CONDUCT.47.4The board has grounds to take action under sections 148E.255 to 148E.270 when a 47.5social worker:47.6(1) engages in unprofessional or unethical conduct, including any departure from 47.7or failure to conform to the minimum accepted ethical and other prevailing standards of 47.8professional social work practice, without actual injury to a social work client, intern, 47.9student, supervisee, or the public needing to be established;47.10(2) engages in conduct that has the potential to cause harm to a client, intern, 47.11student, supervisee, or the public;47.12(3) demonstrates a willful or careless disregard for the health, welfare, or safety of 47.13a client, intern, student, or supervisee; or47.14(4) engages in acts or conduct adversely affecting the applicant or licensee's current 47.15ability or fitness to engage in social work practice, whether or not the acts or conduct 47.16occurred while engaged in the practice of social work.47.17    Sec. 44. [148E.215] RESPONSIBILITIES TO CLIENTS.47.18    Subdivision 1.Responsibility to clients.A social worker's primary professional 47.19responsibility is to the client. A social worker must respect the client's interests, including 47.20the interest in self-determination, except when required to do otherwise by law.47.21    Subd. 2.Nondiscrimination.A social worker must not discriminate against 47.22a client, intern, student, or supervisee or in providing services to a client, intern, or 47.23supervisee on the basis of age, gender, sexual orientation, race, color, national origin, 47.24religion, illness, disability, political affiliation, or social or economic status.47.25    Subd. 3.Research.When undertaking research activities, a social worker must 47.26use accepted protocols for the protection of human subjects, including (1) establishing 47.27appropriate safeguards to protect the subject's vulnerability, and (2) obtaining the subjects' 47.28informed consent.47.29    Sec. 45. [148E.220] RELATIONSHIPS WITH CLIENTS, FORMER CLIENTS, 47.30AND OTHERS.47.31    Subdivision 1.Social worker responsibility.(a) A social worker is responsible for 47.32acting professionally in relationships with clients or former clients. A client or a former 48.1client's initiation of, or attempt to engage in, or request to engage in, a personal, sexual, or 48.2business relationship is not a defense to a violation of this section.48.3(b) When a relationship is permitted by this section, social workers who engage in 48.4such a relationship assume the full burden of demonstrating that the relationship will not 48.5be detrimental to the client or the professional relationship.48.6    Subd. 2.Professional boundaries.A social worker must maintain appropriate 48.7professional boundaries with a client. A social worker must not engage in practices with 48.8clients that create an unacceptable risk of client harm or of impairing a social worker's 48.9objectivity or professional judgment. A social worker must not act or fail to act in a way 48.10that, as judged by a reasonable and prudent social worker, inappropriately encourages 48.11the client to relate to the social worker outside of the boundaries of the professional 48.12relationship, or in a way that interferes with the client's ability to benefit from social work 48.13services from the social worker.48.14    Subd. 3.Misuse of professional relationship.A social worker must not use the 48.15professional relationship with a client, student, supervisee, or intern to further the social 48.16worker's personal, emotional, financial, sexual, religious, political, or business benefit or 48.17interests.48.18    Subd. 4.Improper termination.A social worker must not terminate a professional 48.19relationship for the purpose of beginning a personal, sexual, or business relationship 48.20with a client.48.21    Subd. 5.Personal relationship with a client.(a) Except as provided in paragraph 48.22(b), a social worker must not engage in a personal relationship with a client that creates a 48.23risk of client harm or of impairing a social worker's objectivity or professional judgment.48.24(b) Notwithstanding paragraph (a), if a social worker is unable to avoid a personal 48.25relationship with a client, the social worker must take appropriate precautions, such as 48.26consultation or supervision, to address the potential for risk of client harm or of impairing 48.27a social worker's objectivity or professional judgment.48.28    Subd. 6.Personal relationship with a former client.A social worker may 48.29engage in a personal relationship with a former client after appropriate termination of the 48.30professional relationship, except:48.31(1) as prohibited by subdivision 8; or48.32(2) if a reasonable and prudent social worker would conclude after appropriate 48.33assessment that (i) the former client is emotionally dependent on the social worker or 48.34continues to relate to the social worker as a client, or (ii) the social worker is emotionally 48.35dependent on the client or continues to relate to the former client as a social worker.49.1    Subd. 7.Sexual conduct with a client.A social worker must not engage in or 49.2suggest sexual conduct with a client.49.3    Subd. 8.Sexual conduct with a former client.(a) A social worker who has 49.4engaged in diagnosing, counseling, or treating a client with mental, emotional, or 49.5behavioral disorders must not engage in or suggest sexual conduct with the former client 49.6under any circumstances for a period of two years following the termination of the 49.7professional relationship. After two years following the termination of the professional 49.8relationship, a social worker who has engaged in diagnosing, counseling, or treating a 49.9client with mental, emotional, or behavioral disorder must not engage in or suggest sexual 49.10conduct with the former client under any circumstances unless:49.11(1) the social worker did not intentionally or unintentionally coerce, exploit, deceive, 49.12or manipulate the former client at any time;49.13(2) the social worker did not represent to the former client that sexual conduct with 49.14the social worker is consistent with or part of the client's treatment;49.15(3) the social worker's sexual conduct was not detrimental to the former client at 49.16any time;49.17(4) the former client is not emotionally dependent on the social worker and does 49.18not continue to relate to the social worker as a client; and49.19(5) the social worker is not emotionally dependent on the client and does not 49.20continue to relate to the former client as a social worker.49.21(b) If there is an alleged violation of paragraph (a), the social worker assumes the 49.22full burden of demonstrating to the board that the social worker did not intentionally or 49.23unintentionally coerce, exploit, deceive, or manipulate the client, and the social worker's 49.24sexual conduct was not detrimental to the client at any time. Upon request, a social worker 49.25must provide information to the board addressing:49.26(1) the amount of time that has passed since termination of services;49.27(2) the duration, intensity, and nature of services;49.28(3) the circumstances of termination of services;49.29(4) the former client's emotional, mental, and behavioral history;49.30(5) the former client's current emotional, mental, and behavioral status;49.31(6) the likelihood of adverse impact on the former client; and49.32(7) the existence of actions, conduct, or statements made by the social worker during 49.33the course of services suggesting or inviting the possibility of a sexual relationship with 49.34the client following termination of services.49.35(c) A social worker who has provided social work services other than those 49.36described in paragraph (a) to a client must not engage in or suggest sexual conduct 50.1with the former client if a reasonable and prudent social worker would conclude after 50.2appropriate assessment that engaging in such behavior with the former client would create 50.3an unacceptable risk of harm to the former client.50.4    Subd. 9.Sexual conduct with student, supervisee, or intern.(a) A social worker 50.5must not engage in or suggest sexual conduct with a student while the social worker has 50.6authority over any part of the student's academic program.50.7(b) A social worker supervising an intern must not engage in or suggest sexual 50.8conduct with the intern during the course of the internship.50.9(c) A social worker practicing social work as a supervisor must not engage in or 50.10suggest sexual conduct with a supervisee during the period of supervision.50.11    Subd. 10.Sexual harassment.A social worker must not engage in any physical, 50.12oral, written, or electronic behavior that a client, former client, student, supervisee, or 50.13intern may reasonably interpret as sexually harassing or sexually demeaning.50.14    Subd. 11.Business relationship with client.A social worker must not purchase 50.15goods or services from a client or otherwise engage in a business relationship with a 50.16client except when:50.17(1) a social worker purchases goods or services from the client and a reasonable and 50.18prudent social worker would determine that it is not practical or reasonable to obtain the 50.19goods or services from another provider; and50.20(2) engaging in the business relationship will not be detrimental to the client or the 50.21professional relationship.50.22    Subd. 12.Business relationship with former client.A social worker may purchase 50.23goods or services from a former client or otherwise engage in a business relationship with 50.24a former client after appropriate termination of the professional relationship unless a 50.25reasonable and prudent social worker would conclude after appropriate assessment that:50.26(1) the former client is emotionally dependent on the social worker and purchasing 50.27goods or services from the former client or otherwise engaging in a business relationship 50.28with the former client would be detrimental to the former client; or50.29(2) the social worker is emotionally dependent on the former client and purchasing 50.30goods or services from the former client or otherwise engaging in a business relationship 50.31with the former client would be detrimental to the former client.50.32    Subd. 13.Previous sexual, personal, or business relationship.(a) A social worker 50.33must not engage in a social worker/client relationship with an individual with whom the 50.34social worker had a previous sexual relationship.50.35(b) A social worker must not engage in a social worker/client relationship with an 50.36individual with whom the social worker had a previous personal or business relationship if 51.1a reasonable and prudent social worker would conclude after appropriate assessment that 51.2the social worker/client relationship would create an unacceptable risk of client harm or 51.3that the social worker's objectivity or professional judgment may be impaired.51.4    Subd. 14.Giving alcohol or other drugs to client.(a) Unless authorized by law, a 51.5social worker must not offer medication or controlled substances to a client.51.6(b) A social worker must not accept medication or controlled substances from a 51.7client except that if authorized by law, a social worker may accept medication or controlled 51.8substances from a client for purposes of disposal or to monitor use.51.9(c) A social worker must not offer alcoholic beverages to a client except when 51.10the offer is authorized or prescribed by a physician or is offered according to a client's 51.11care plan.51.12(d) A social worker must not accept alcoholic beverages from a client.51.13    Subd. 15.Relationship with client's family or household member.Subdivisions 51.141 to 14 apply to a social worker's relationship with a client's family or household member 51.15when a reasonable and prudent social worker would conclude after appropriate assessment 51.16that a relationship with a family or household member would create an unacceptable 51.17risk of harm to the client.51.18    Sec. 46. [148E.225] TREATMENT AND INTERVENTION SERVICES.51.19    Subdivision 1.Assessment or diagnosis.A social worker must base treatment and 51.20intervention services on an assessment or diagnosis. A social worker must evaluate, on an 51.21ongoing basis, the appropriateness of the assessment or diagnosis.51.22    Subd. 2.Assessment or diagnostic instruments.A social worker must not use 51.23an assessment or diagnostic instrument without adequate training. A social worker 51.24must follow standards and accepted procedures for using an assessment or diagnostic 51.25instrument. A social worker must inform a client of the purpose before administering the 51.26instrument and must make the results available to the client.51.27    Subd. 3.Plan for services.A social worker must develop a plan for services that 51.28includes goals based on the assessment or diagnosis. A social worker must evaluate, on an 51.29ongoing basis, the appropriateness of the plan and the client's progress toward the goals.51.30    Subd. 4.Records.(a) A social worker must make and maintain current and 51.31accurate records, appropriate to the circumstances, of all services provided to a client. At 51.32a minimum, the records must contain documentation of:51.33(1) the assessment or diagnosis;51.34(2) the content of the service plan;51.35(3) progress with the plan and any revisions of assessment, diagnosis, or plan;52.1(4) any fees charged and payments made;52.2(5) copies of all client-written authorizations for release of information; and52.3(6) other information necessary to provide appropriate services.52.4(b) These records must be maintained by the social worker for at least seven years 52.5after the last date of service to the client. Social workers who are employed by an agency 52.6or other entity are not required to:52.7(1) maintain personal or separate records; or52.8(2) personally retain records at the conclusion of their employment.52.9    Subd. 5.Termination of services.A social worker must terminate a professional 52.10relationship with a client when the social worker reasonably determines that the client 52.11is not likely to benefit from continued services or the services are no longer needed, 52.12unless the social worker is required by law to provide services. A social worker who 52.13anticipates terminating services must give reasonable notice to the client in a manner that 52.14is appropriate to the needs of the client. The social worker must provide appropriate 52.15referrals as needed or upon request of the client.52.16    Sec. 47. [148E.230] CONFIDENTIALITY AND RECORDS.52.17    Subdivision 1.Informed consent.(a) A social worker must obtain valid, informed 52.18consent, appropriate to the circumstances, before providing services to clients. When 52.19obtaining informed consent, the social worker must determine whether the client has the 52.20capacity to provide informed consent. If the client does not have the capacity to provide 52.21consent, the social worker must obtain consent for the services from the client's legal 52.22representative. The social worker must not provide services, unless authorized or required 52.23by law, if the client or the client's legal representative does not consent to the services.52.24(b) If a social worker determines that a client does not have the capacity to provide 52.25consent, and the client does not have a legal representative, the social worker:52.26(1) must, except as provided in clause (2), secure a legal representative for a client 52.27before providing services; or52.28(2) may, notwithstanding clause (1), provide services, except when prohibited by 52.29other applicable law, that are necessary to ensure the client's safety or to preserve the 52.30client's property or financial resources.52.31(c) A social worker must use clear and understandable language, including using an 52.32interpreter proficient in the client's primary language as necessary, to inform clients of 52.33the plan of services, risks related to the plan, limits to services, relevant costs, terms of 52.34payment, reasonable alternatives, the client's right to refuse or withdraw consent, and the 52.35time frame covered by the consent.53.1    Subd. 2.Mandatory reporting and disclosure of client information.At the 53.2beginning of a professional relationship and during the professional relationship as 53.3necessary and appropriate, a social worker must inform the client of those circumstances 53.4under which the social worker may be required to disclose client information specified in 53.5subdivision 3, paragraph (a), without the client's consent.53.6    Subd. 3.Confidentiality of client information.(a) A social worker must ensure the 53.7confidentiality of all client information obtained in the course of the social worker/client 53.8relationship and all client information otherwise obtained by the social worker that is 53.9relevant to the social worker/client relationship. Except as provided in this section, 53.10client information may be disclosed or released only with the client's or the client's legal 53.11representative's valid informed consent, appropriate to the circumstances, except when 53.12otherwise required by law. A social worker must seek consent to disclose or release 53.13client information only when such disclosure or release is necessary to provide social 53.14work services.53.15(b) A social worker must continue to maintain confidentiality of the client 53.16information specified in paragraph (a) upon termination of the professional relationship 53.17including upon the death of the client, except as provided under this section or other 53.18applicable law.53.19(c) A social worker must limit access to the client information specified in paragraph 53.20(a) in a social worker's agency to appropriate agency staff whose duties require access.53.21    Subd. 4.Release of client information with written informed consent.(a) Except 53.22as provided in subdivision 5, client information specified in subdivision 3, paragraph (a), 53.23may be released only with the client's or the client's legal representative's written informed 53.24consent. The written informed consent must:53.25(1) explain to whom the client's records may be released;53.26(2) explain the purpose for the release; and53.27(3) state an expiration date for the authorized release of the records.53.28(b) A social worker may provide client information specified in subdivision 3, 53.29paragraph (a), to a third party for the purpose of payment for services rendered only 53.30with the client's written informed consent.53.31(c) Except as provided in subdivision 5, a social worker may disclose client 53.32information specified in subdivision 3, paragraph (a), only with the client's or the client's 53.33legal representative's written informed consent. When it is not practical to obtain written 53.34informed consent before providing necessary services, a social worker may disclose 53.35or release client information with the client's or the client's legal representative's oral 53.36informed consent.54.1(d) Unless otherwise authorized by law, a social worker must obtain a client's written 54.2informed consent before taking a photograph of the client or making an audio or video 54.3recording of the client, or allowing a third party to do the same. The written informed 54.4consent must explain:54.5(1) the purpose of the photograph or the recording and how the photograph or 54.6recording will be used, how it will be stored, and when it will be destroyed; and54.7(2) how the client may have access to the photograph or recording.54.8    Subd. 5.Release of client information without written informed consent.(a) A 54.9social worker may disclose client information specified in subdivision 3, paragraph (a), 54.10without the written consent of the client or the client's legal representative only under the 54.11following circumstances or under the circumstances described in paragraph (b):54.12(1) when mandated or authorized by federal or state law, including the mandatory 54.13reporting requirements under the duty to warn, maltreatment of minors, and vulnerable 54.14adult laws specified in section 148E.240, subdivisions 6 to 8;54.15(2) when the board issues a subpoena to the social worker; or54.16(3) when a court of competent jurisdiction orders release of the client records 54.17or information.54.18(b) When providing services authorized or required by law to a client who does 54.19not have the capacity to provide consent and who does not have a legal representative, 54.20a social worker must disclose or release client records or information as necessary to 54.21provide services to ensure the client's safety or to preserve the client's property or financial 54.22resources.54.23    Subd. 6.Release of client records or information.When releasing client records 54.24or information under this section, a social worker must release current, accurate, and 54.25complete records or information.54.26    Sec. 48. [148E.235] FEES AND BILLING PRACTICES.54.27    Subdivision 1.Fees and payments.(a) A social worker must ensure that a client or 54.28a client's legal representative is informed of all fees at the initial session or meeting with 54.29the client, and that payment for services is arranged with the client or the client's legal 54.30representative at the beginning of the professional relationship. Upon request from a client 54.31or a client's legal representative, a social worker must provide in a timely manner a written 54.32payment plan or a written explanation of the charges for any services rendered.54.33(b) When providing services authorized or required by law to a client who does not 54.34have the capacity to provide consent and who does not have a legal representative, a social 54.35worker may submit reasonable bills to an appropriate payer for services provided.55.1    Subd. 2.Billing for services not provided.A social worker must not bill for 55.2services that have not been provided except that, with prior notice to the client, a social 55.3worker may bill for failed appointments or for cancellations without sufficient notice. A 55.4social worker may bill only for provided services which are necessary and appropriate. 55.5Financial responsibility for failed appointment billings resides solely with the client and 55.6such costs may not be billed to public or private payers.55.7    Subd. 3.No payment for referrals.A social worker must not accept or give a 55.8commission, rebate, or other form of remuneration solely or primarily to profit from the 55.9referral of a client.55.10    Subd. 4.Fees and billing practices.A social worker must not engage in improper 55.11or fraudulent billing practices, including, but not limited to, violations of the federal 55.12Medicare and Medicaid laws or state medical assistance laws.55.13    Sec. 49. [148E.240] REPORTING REQUIREMENTS.55.14    Subdivision 1.Failure to self-report adverse actions.The board has grounds to 55.15take action under sections 148E.255 to 148E.270 when a social worker fails to report to 55.16the board within 90 days:55.17(1) having been disciplined, sanctioned, or found to have violated a state, territorial, 55.18provincial, or foreign licensing agency's laws or rules;55.19(2) having been convicted of committing a felony, gross misdemeanor, or 55.20misdemeanor reasonably related to the practice of social work;55.21(3) having had a finding or verdict of guilt, whether or not the adjudication of guilt 55.22is withheld or not entered, of committing a felony, gross misdemeanor, or misdemeanor 55.23reasonably related to the practice of social work;55.24(4) having admitted to committing, or entering a no contest plea to committing, a 55.25felony, gross misdemeanor, or misdemeanor reasonably related to the practice of social 55.26work; or55.27(5) having been denied licensure by a state, territorial, provincial, or foreign 55.28licensing agency.55.29    Subd. 2.Failure to submit application information.The board has grounds to 55.30take action under sections 148E.255 to 148E.270 when an applicant or licensee fails to 55.31submit with an application the following information:55.32(1) the dates and dispositions of any malpractice settlements or awards made relating 55.33to the social work services provided by the applicant or licensee; or55.34(2) the dates and dispositions of any civil litigations or arbitrations relating to the 55.35social work services provided by the applicant or licensee.56.1    Subd. 3.Reporting other licensed health professionals.An applicant or licensee 56.2must report to the appropriate health-related licensing board conduct by a licensed health 56.3professional which would constitute grounds for disciplinary action under the statutes 56.4and rules enforced by that board.56.5    Subd. 4.Reporting unlicensed practice.An applicant or licensee must report 56.6to the board conduct by an unlicensed person which constitutes the practice of social 56.7work, as defined in section 148E.010, except when the unlicensed person is exempt from 56.8licensure according to section 148E.065.56.9    Subd. 5.Failure to report other applicants or licensees; unlicensed practice.56.10The board has grounds to take action under sections 148E.255 to  148E.270 when an 56.11applicant or licensee fails to report to the board conduct:56.12(1) by another licensee or applicant which the applicant or licensee has reason to 56.13believe may reasonably constitute grounds for disciplinary action under this section; or56.14(2) by an unlicensed person that constitutes the practice of social work when a 56.15license is required to practice social work.56.16    Subd. 6.Duty to warn.A licensee must comply with the duty to warn established 56.17by section 148.975.56.18    Subd. 7.Reporting maltreatment of minors.An applicant or licensee must 56.19comply with the reporting of maltreatment of minors established by section 626.556.56.20    Subd. 8.Reporting maltreatment of vulnerable adults.An applicant or licensee 56.21must comply with the reporting of maltreatment of vulnerable adults established by 56.22section 626.557.56.23    Subd. 9.Subpoenas.The board may issue subpoenas according to section 56.24148E.245 and chapter 214 for the production of any reports required by this section or 56.25any related documents.56.26    Sec. 50. [148E.245] INVESTIGATIVE POWERS AND PROCEDURES.56.27    Subdivision 1.Subpoenas.(a) The board may issue subpoenas and compel the 56.28attendance of witnesses and the production of all necessary papers, books, records, 56.29documents, and other evidentiary material as part of its investigation of an applicant or 56.30licensee under this section or chapter 214.56.31(b) If any person fails or refuses to appear or testify regarding any matter about which 56.32the person may be lawfully questioned, or fails or refuses to produce any papers, books, 56.33records, documents, or other evidentiary materials in the matter to be heard, after having 56.34been required by order of the board or by a subpoena of the board to do so, the board may 56.35institute a proceeding in any district court to enforce the board's order or subpoena.57.1(c) The board or a designated member of the board acting on behalf of the board 57.2may issue subpoenas or administer oaths to witnesses or take affirmations. Depositions 57.3may be taken within or out of the state in the manner provided by law for the taking of 57.4depositions in civil actions.57.5(d) A subpoena or other process or paper may be served upon any person named 57.6therein, by mail or by any officer authorized to serve subpoenas or other process or paper 57.7in civil actions, with the same fees and mileage and in the same manner as prescribed by 57.8law for service of process issued out of the district court of this state.57.9(e) Fees, mileage, and other costs must be paid as the board directs.57.10    Subd. 2.Classification of data.(a) Any records obtained as part of an investigation 57.11must be treated as investigative data under section 13.41 and be classified as confidential 57.12data.57.13(b) Notwithstanding paragraph (a), client records must be treated as private data 57.14under chapter 13. Client records must be protected as private data in the records of the 57.15board and in administrative or judicial proceedings unless the client authorizes the board 57.16in writing to make public the identity of the client or a portion or all of the client's records.57.17    Subd. 3.Mental or physical examination; chemical dependency evaluation.(a) 57.18If the board (1) has probable cause to believe that an applicant or licensee has violated 57.19a statute or rule enforced by the board, or an order issued by the board and (2) believes 57.20the applicant may have a health-related condition relevant to the violation, the board may 57.21issue an order directing the applicant or licensee to submit to one or more of the following: 57.22a mental examination, a physical examination, or a chemical dependency evaluation.57.23(b) An examination or evaluation order issued by the board must include:57.24(1) factual specifications on which the order is based;57.25(2) the purpose of the examination or evaluation;57.26(3) the name of the person or entity that will conduct the examination or evaluation; 57.27and57.28(4) the means by which the examination or evaluation will be paid for.57.29(c) Every applicant or licensee must submit to a mental examination, a physical 57.30examination, or a chemical dependency evaluation when ordered to do so in writing 57.31by the board.57.32(d) By submitting to a mental examination, a physical examination, or a chemical 57.33dependency evaluation, an applicant or licensee waives all objections to the admissibility 57.34of the examiner or evaluator's testimony or reports on the grounds that the testimony or 57.35reports constitute a privileged communication.58.1    Subd. 4.Failure to submit to an examination.(a) If an applicant or licensee fails 58.2to submit to an examination or evaluation ordered by the board according to subdivision 3, 58.3unless the failure was due to circumstances beyond the control of the applicant or licensee, 58.4the failure is an admission that the applicant or licensee violated a statute or rule enforced 58.5by the board as specified in the examination or evaluation order issued by the board. 58.6The failure may result in an application being denied or other adversarial, corrective, or 58.7disciplinary action being taken by the board without a contested case hearing.58.8(b) If an applicant or licensee requests a contested case hearing after the board 58.9denies an application or takes other disciplinary or adversarial action, the only issues 58.10which may be determined at the hearing are:58.11(1) whether the board had probable cause to issue the examination or evaluation 58.12order; and58.13(2) whether the failure to submit to the examination or evaluation was due to 58.14circumstances beyond the control of the applicant or licensee.58.15(c) Neither the record of a proceeding under this subdivision nor an order issued 58.16by the board may be admissible, subject to subpoena, or be used against the applicant or 58.17licensee in a proceeding in which the board is not a party or decision maker.58.18(d) Information obtained under this subdivision must be treated as private data under 58.19chapter 13. An order issued by the board as the result of an applicant's or licensee's failure 58.20to submit to an examination or evaluation must be treated as public data under chapter 13.58.21    Subd. 5.Access to data and records.(a) In addition to ordering a physical or 58.22mental examination or chemical dependency evaluation, and notwithstanding section 58.2313.384, 144.651, 595.02, or any other statute limiting access to health records, the board 58.24or a designated member of the board acting on behalf of the board may subpoena physical, 58.25mental, and chemical dependency health records relating to an applicant or licensee 58.26without the applicant's or licensee's consent if:58.27(1) the board has probable cause to believe that the applicant or licensee has violated 58.28chapter 214, a statute or rule enforced by the board, or an order issued by the board; and58.29(2) the board has reason to believe that the records are relevant and necessary to the 58.30investigation.58.31(b) An applicant, licensee, insurance company, government agency, health care 58.32facility, or provider as defined in section 144.335, subdivision 1, paragraph (b), must 58.33comply with any subpoena of the board under this subdivision and is not liable in 58.34any action for damages for releasing information subpoenaed by the board under this 58.35subdivision unless the information provided is false and the person or entity providing the 58.36information knew or had reason to know that the information was false.59.1(c) Information on individuals obtained under this subdivision must be treated as 59.2investigative data under section 13.41 and be classified as confidential data.59.3(d) If an applicant, licensee, person, or entity does not comply with any subpoena of 59.4the board under this subdivision, the board may institute a proceeding in any district court 59.5to enforce the board's subpoena.59.6    Subd. 6.Evidence of past sexual conduct.If, in a proceeding for taking action 59.7against an applicant or licensee under this section, the charges involve sexual contact with 59.8a client or former client, the board or administrative law judge must not consider evidence 59.9of the client's or former client's previous sexual conduct. Reference to the client's or 59.10former client's previous sexual conduct must not be made during the proceedings or in the 59.11findings, except by motion of the complainant, unless the evidence would be admissible 59.12under the applicable provisions of section 609.347, subdivision 3.59.13    Subd. 7.Investigations involving vulnerable adults or children in need of 59.14protection.(a) Except as provided in paragraph (b), if the board receives a complaint 59.15about a social worker regarding the social worker's involvement in a case of vulnerable 59.16adults or children in need of protection, the county or other appropriate public authority 59.17may request that the board suspend its investigation, and the board must comply until such 59.18time as the court issues its findings on the case.59.19(b) Notwithstanding paragraph (a), the board may continue with an investigation if 59.20the board determines that doing so is in the best interests of the vulnerable adult or child 59.21and is consistent with the board's obligation to protect the public. If the board chooses to 59.22continue an investigation, the board must notify the county or other appropriate public 59.23authority in writing and state its reasons for doing so.59.24    Subd. 8.Notification of complainant.(a) In no more than 14 calendar days after 59.25receiving a complaint regarding a licensee, the board must notify the complainant that the 59.26board has received the complaint.59.27(b) The board must periodically notify the complainant of the status of the complaint.59.28    Subd. 9.Notification of licensee.(a) Except as provided in paragraph (b), in no 59.29more than 60 calendar days after receiving a complaint regarding a licensee, the board must 59.30notify the licensee that the board has received the complaint and inform the licensee of:59.31(1) the substance of the complaint;59.32(2) the sections of the law that allegedly have been violated; and59.33(3) whether an investigation is being conducted.59.34(b) Paragraph (a) does not apply if:59.35(1) the board determines that such notice would compromise the board's investigation 59.36according to section 214.10; or60.1(2) the board determines that such notice cannot reasonably be accomplished within 60.2this time.60.3(c) The board must periodically notify the licensee of the status of the complaint.60.4    Subd. 10.Resolution of complaints.In no more than one year after receiving a 60.5complaint regarding a licensee, the board must resolve or dismiss the complaint unless 60.6the board determines that resolving or dismissing the complaint cannot reasonably be 60.7accomplished within this time.60.8    Sec. 51. [148E.250] OBLIGATION TO COOPERATE.60.9    Subdivision 1.Obligation to cooperate.An applicant or licensee who is the subject 60.10of an investigation, or who is questioned by or on behalf of the board in connection with 60.11an investigation, must cooperate fully with the investigation. Cooperation includes, but is 60.12not limited to:60.13(1) responding fully and promptly to any question relating to the investigation;60.14(2) as reasonably requested by the board, providing copies of client and other records 60.15in the applicant's or licensee's possession relating to the investigation;60.16(3) executing release of records as reasonably requested by the board; and60.17(4) appearing at conferences, hearings, or meetings scheduled by the board, as 60.18required in sections 148E.255 to 148E.270 and chapter 214.60.19    Subd. 2.Investigation.A social worker must not knowingly withhold relevant 60.20information, give false or misleading information, or do anything to obstruct an 60.21investigation of the social worker or another social worker by the board or by another state 60.22or federal regulatory or law enforcement authority.60.23    Subd. 3.Payment for copies.The board must pay for copies requested by the board.60.24    Subd. 4.Access to client records.Notwithstanding any law to the contrary, an 60.25applicant or licensee must allow the board access to any records of a client provided 60.26services by the applicant or licensee under investigation. If the client has not signed a 60.27consent permitting access to the client's records, the applicant or licensee must delete any 60.28data in the records that identifies the client before providing the records to the board.60.29    Subd. 5.Classification of data.Any records obtained according to this subdivision 60.30must be treated as investigative data according to section 13.41 and be classified as 60.31confidential data.60.32    Sec. 52. [148E.255] TYPES OF ACTIONS.60.33    Subdivision 1.Actions.The board may take disciplinary action according to 60.34section 148E.260, adversarial but nondisciplinary action according to section 148E.265, 61.1or voluntary action according to section 148E.270. Any action taken under sections 61.2148E.260 to 148E.270 is public data.61.3    Subd. 2.Disciplinary action.For purposes of section 148E.260, "disciplinary 61.4action" means an action taken by the board against an applicant or licensee that addresses 61.5a complaint alleging a violation of a statute or rule the board is empowered to enforce.61.6    Subd. 3.Adversarial but nondisciplinary action.For purposes of section 61.7148E.265, "adversarial but nondisciplinary action" means a nondisciplinary action taken 61.8by the board that addresses a complaint alleging a violation of a statute or rule the board 61.9is empowered to enforce.61.10    Subd. 4.Voluntary action.For purposes of section 148E.270, "voluntary action" 61.11means a nondisciplinary action agreed to by the board or a designated board member and 61.12an applicant or licensee that, through educational or other corrective means, addresses a 61.13complaint alleging a violation of a statute or rule that the board is empowered to enforce.61.14    Sec. 53. [148E.260] DISCIPLINARY ACTIONS.61.15    Subdivision 1.General disciplinary actions.(a) When the board has grounds for 61.16disciplinary actions under this chapter, the board may take one or more of the following 61.17disciplinary actions:61.18(1) deny an application;61.19(2) permanently revoke a license to practice social work;61.20(3) indefinitely or temporarily suspend a license to practice social work;61.21(4) impose restrictions on a licensee's scope of practice;61.22(5) impose conditions required for the licensee to maintain licensure, including, 61.23but not limited to, additional education, supervision, and requiring the passing of an 61.24examination provided for in section 148E.055;61.25(6) reprimand a licensee;61.26(7) impose a civil penalty of up to $10,000 for each violation in order to discourage 61.27future violations or to deprive the licensee of any economic advantage gained by reason 61.28of the violation; or61.29(8) impose a fee to reimburse the board for all or part of the cost of the proceedings 61.30resulting in disciplinary action, including, but not limited to, the amount paid by the board 61.31for services received from or expenses incurred by the Office of Administrative Hearings, 61.32the Office of the Attorney General, court reporters, witnesses, board members, board staff, 61.33or the amount paid by the board for reproducing records.62.1(b) Disciplinary action taken by the board under this subdivision is in effect pending 62.2determination of an appeal unless the court, upon petition and for good cause shown, 62.3decides otherwise.62.4    Subd. 2.Reprimands.(a) In addition to the board's authority to issue a reprimand 62.5according to subdivision 1, a designated board member reviewing a complaint as provided 62.6for in chapter 214 may issue a reprimand to a licensee. The designated board member 62.7must notify the licensee that the reprimand will become final disciplinary action unless the 62.8licensee requests a hearing by the board within 14 calendar days.62.9(b) If the licensee requests a hearing within 14 calendar days, the board must 62.10schedule a hearing unless the designated board member withdraws the reprimand.62.11(c) The hearing must be scheduled within 14 working days of the time the licensee 62.12submits a request for the hearing.62.13(d) The designated board member who issued the reprimand may participate in the 62.14hearing but must not deliberate or vote on the decision by the board.62.15(e) The only evidence permitted at the hearing is affidavits or other documents 62.16except for testimony by the licensee or other witnesses whose testimony the board chair 62.17has authorized for good cause.62.18(f) If testimony is authorized, the testimony is subject to cross-examination.62.19(g) After the hearing, the board must affirm or dismiss the reprimand.62.20    Subd. 3.Temporary suspensions.(a) In addition to any other remedy provided 62.21by statute, the board or a designated board member may, without a hearing, temporarily 62.22suspend a license to practice social work if the board or the designated board member 62.23finds that:62.24(1) the licensee has violated a statute or rule enforced by the board, any other federal 62.25or state law or rule related to the practice of social work, or an order, stipulation, or 62.26agreement agreed to or issued by the board; and62.27(2) continued practice by the licensee would create a serious risk of harm to others.62.28(b) The suspension is in effect upon service of a written order on the licensee 62.29specifying the statute, rule, order, stipulation, or agreement violated. Service of the order 62.30is effective if the order is served on the licensee or the licensee's attorney personally or 62.31by first class mail to the most recent address provided to the board for the licensee or the 62.32licensee's attorney.62.33(c) The temporary suspension remains in effect until after the board issues an order 62.34according to paragraph (e), or if there is a contested case hearing, after the board issues a 62.35written final order according to paragraph (g).63.1(d) If the licensee requests in writing within five calendar days of service of the 63.2order that the board hold a hearing, the board must hold a hearing on the sole issue of 63.3whether to continue, modify, or lift the suspension. The board must hold the hearing 63.4within ten working days of receipt of the licensee's written request. Evidence presented 63.5by the board or licensee must be in affidavit form only, except that the licensee or the 63.6licensee's attorney may present oral argument.63.7(e) Within five working days after the hearing, the board must issue its order. If 63.8the licensee contests the order, the board must schedule a contested case hearing under 63.9chapter 14. The contested case hearing must be scheduled to occur within 45 calendar 63.10days after issuance of the order.63.11(f) The administrative law judge must issue a report within 30 calendar days after 63.12the contested case hearing is concluded.63.13(g) The board must issue a final order within 30 calendar days after the board 63.14receives the administrative law judge's report.63.15    Sec. 54. [148E.265] ADVERSARIAL BUT NONDISCIPLINARY ACTIONS.63.16    Subdivision 1.Automatic suspensions.(a) A license to practice social work is 63.17automatically suspended if:63.18(1) a guardian of a licensee is appointed by order of a court according to sections 63.19524.5-101 and 524.5.102; or63.20(2) the licensee is committed by order of a court according to chapter 253B.63.21(b) A license remains suspended until:63.22(1) the licensee is restored to capacity by a court; and63.23(2) upon petition by the licensee and after a hearing or an agreement with the 63.24licensee, the board terminates the suspension.63.25(c) If the board terminates the suspension, it may do so with or without conditions 63.26or restrictions, including, but not limited to, participation in the health professional 63.27services program.63.28    Subd. 2.Cease and desist orders.(a) The board or a designated board member 63.29may issue a cease and desist order to stop a person from engaging in unauthorized practice 63.30or from violating or threatening to violate a statute or rule enforced by the board or an 63.31order, stipulation, or agreement agreed to or issued by the board.63.32(b) The cease and desist order must state the reason for its issuance and give notice 63.33of the person's right to request a hearing under sections 14.57 to 14.62. If the person fails 63.34to request a hearing in writing postmarked within 15 calendar days after service of the 64.1cease and desist order, the order is the final order of the board and is not reviewable by 64.2a court or agency.64.3(c) If the board receives a written request for a hearing postmarked within 15 64.4calendar days after service of the cease and desist order, the board must schedule a hearing 64.5within 30 calendar days of receiving the request.64.6(d) The administrative law judge must issue a report within 30 calendar days after 64.7the contested case hearing is concluded.64.8(e) Within 30 calendar days after the board receives the administrative law judge's 64.9report, the board must issue a final order modifying, vacating, or making permanent 64.10the cease and desist order. The final order remains in effect until modified or vacated 64.11by the board.64.12(f) If a person does not comply with a cease and desist order, the board may institute 64.13a proceeding in any district court to obtain injunctive relief or other appropriate relief, 64.14including but not limited to, a civil penalty payable to the board of up to $10,000 for 64.15each violation.64.16(g) A cease and desist order issued according to this subdivision does not relieve a 64.17person from criminal prosecution by a competent authority or from disciplinary action 64.18by the board.64.19    Subd. 3.Injunctive relief.(a) In addition to any other remedy provided by law, the 64.20board may bring an action in district court for injunctive relief to restrain any unauthorized 64.21practice or violation or threatened violation of any statute or rule, stipulation, or agreement 64.22agreed to or enforced by the board or an order issued by the board.64.23(b) A temporary restraining order may be granted in the proceeding if continued 64.24activity by a person would create an imminent risk of harm to others.64.25(c) Injunctive relief granted according to this subdivision does not relieve a person 64.26from criminal prosecution by a competent authority or from disciplinary action by the 64.27board.64.28(d) In bringing an action for injunctive relief, the board need not show irreparable 64.29harm.64.30    Sec. 55. [148E.270] VOLUNTARY ACTIONS.64.31    Subdivision 1.Agreements for corrective action.(a) The board or a designated 64.32board member may enter into an agreement for corrective action with an applicant or 64.33licensee when the board or a designated board member determines that a complaint 64.34alleging a violation of a statute or rule enforced by the board or an order issued by the 65.1board may best be resolved through an agreement for corrective action when disciplinary 65.2action is not required to protect the public.65.3(b) An agreement for corrective action must:65.4(1) be in writing;65.5(2) specify the facts upon which the agreement is based;65.6(3) clearly indicate the corrective action agreed upon; and65.7(4) provide that the complaint that resulted in the agreement must be dismissed by the 65.8board or the designated board member upon successful completion of the corrective action.65.9(c) The board or designated board member may determine successful completion 65.10when the applicant or licensee submits a request for dismissal that documents the 65.11applicant's or licensee's successful completion of the corrective action. The burden of 65.12proof is on the applicant or licensee to prove successful completion.65.13(d) An agreement for corrective action is not disciplinary action but must be treated 65.14as public data under chapter 13.65.15(e) The board may impose a fee to reimburse the board for all or part of the costs 65.16of the proceedings resulting in a corrective action, including, but not limited to, the 65.17amount paid by the board for services received from or expenses incurred by the Office 65.18of the Attorney General, board members, board staff, or the amount paid by the board 65.19for reproducing records.65.20(f) The board or designated board member must not enter into an agreement for 65.21corrective action when the complaint alleged sexual conduct with a client unless there is 65.22insufficient evidence to justify disciplinary action but there is a basis for corrective action.65.23    Subd. 2.Stipulations to cease practicing social work.(a) The board or a 65.24designated board member may enter into a stipulation to cease practicing social work with 65.25a licensee if the board or designated board member determines that the licensee is unable 65.26to practice social work competently or safely or that the social worker's continued practice 65.27creates an unacceptable risk of safety to clients, potential clients, or the public.65.28(b) A stipulation to cease practicing social work must:65.29(1) be in writing;65.30(2) specify the facts upon which the stipulation is based;65.31(3) clearly indicate that the licensee must not practice social work and must not hold 65.32out to the public that the social worker is licensed; and65.33(4) specify the term of the stipulation or when and under what circumstances the 65.34licensee may petition the board for termination of the stipulation.65.35(c) A stipulation to cease practicing social work is not disciplinary action but must 65.36be treated as public data under chapter 13.66.1(d) Nothing in this subdivision prevents the board or designated board member 66.2from taking any other disciplinary or adversarial action authorized by sections 148E.25566.3to 148E.265 in lieu of or in addition to entering into a stipulation to cease practicing 66.4social work.66.5    Sec. 56. [148E.275] UNAUTHORIZED PRACTICE.66.6No individual may:66.7(1) engage in the practice of social work without a social work license under 66.8sections 148E.055 and 148E.060, except when the individual is exempt from licensure 66.9according to section 148E.065;66.10(2) provide social work services to a client who resides in this state when the 66.11individual providing the services is not licensed as a social worker according to sections 66.12148E.055 to 148E.060, except when the individual is exempt from licensure according to 66.13section 148E.065.66.14    Sec. 57. [148E.280] USE OF TITLES.66.15No individual may be presented to the public by any title incorporating the words 66.16"social work" or "social worker" or in the titles in section 148E.195, unless that individual 66.17holds a license under sections 148E.055 and 148E.060, or practices in a setting exempt 66.18from licensure under section 148E.065.66.19    Sec. 58. [148E.285] REPORTING REQUIREMENTS.66.20    Subdivision 1.Institutions.A state agency, political subdivision, agency of a local 66.21unit of government, private agency, hospital, clinic, prepaid medical plan, or other health 66.22care institution or organization must report to the board:66.23(1) any adversarial action, disciplinary action, or other sanction for conduct that 66.24might constitute grounds for action under section 148E.190;66.25(2) the resignation of any applicant or licensee prior to the conclusion of any 66.26proceeding for adversarial action, disciplinary action, or other sanction for conduct that 66.27might constitute grounds for action under section 148E.190; or66.28(3) the resignation of any applicant or licensee prior to the commencement of a 66.29proceeding for adversarial action, disciplinary action, or other sanction for conduct that 66.30might constitute grounds for action under section 148E.190, but after the applicant or 66.31licensee had knowledge that a proceeding was contemplated or in preparation.66.32    Subd. 2.Professional societies and associations.A state or local professional 66.33society or association whose members consist primarily of licensed social workers must 67.1report to the board any adversarial action, disciplinary action, or other sanction taken 67.2against a member.67.3    Subd. 3.Immunity.An individual, professional society or association, state agency, 67.4political subdivision, agency of a local unit of government, private agency, hospital, 67.5clinic, prepaid medical plan, other health care institution or organization or other entity is 67.6immune from civil liability or criminal prosecution for submitting in good faith a report 67.7under subdivision 1 or 2 or for otherwise reporting, providing information, or testifying 67.8about violations or alleged violations of this chapter.67.9    Sec. 59. [148E.290] PENALTIES.67.10An individual or other entity that violates section 148E.275, 148E.280, or 148E.28567.11is guilty of a misdemeanor.67.12    Sec. 60.  REPEALER.67.13Minnesota Statutes 2006, sections 148D.001; 148D.010; 148D.015; 148D.020; 67.14148D.025; 148D.030; 148D.035; 148D.040; 148D.045; 148D.050; 148D.055; 148D.060; 67.15148D.065; 148D.070; 148D.075; 148D.080; 148D.085; 148D.090; 148D.095; 148D.100; 67.16148D.105; 148D.110; 148D.115; 148D.120; 148D.125; 148D.130; 148D.135; 148D.140; 67.17148D.145; 148D.150; 148D.155; 148D.160; 148D.165; 148D.170; 148D.175; 148D.180; 67.18148D.185; 148D.190; 148D.195; 148D.200; 148D.205; 148D.210; 148D.215; 148D.220; 67.19148D.225; 148D.230; 148D.235; 148D.240; 148D.245; 148D.250; 148D.255; 148D.260; 67.20148D.265; 148D.270; 148D.275; 148D.280; 148D.285; and 148D.290, are repealed 67.21effective August 1, 2011.67.22    Sec. 61. EFFECTIVE DATE.67.23This act is effective August 1, 2011.