1.1A bill for an act1.2relating to health occupations; changing provisions for operating x-ray 1.3equipment examination and practice; modifying provisions for speech-language 1.4pathology and audiology; changing licensing provisions for physical therapists 1.5and physical therapy assistants; changing licensing provisions for social 1.6work; modifying practice provisions under the Board of Pharmacy; modifying 1.7health-related licensing board provisions;amending Minnesota Statutes 2006, 1.8sections 144.121, subdivision 5, by adding subdivisions; 147.037, subdivision 1.91; 147A.27, subdivision 2; 147B.05, subdivision 2; 147C.35, subdivision 2; 1.10147D.25, subdivision 2; 148.515, subdivision 2, by adding a subdivision; 148.65, 1.11subdivisions 2, 3, by adding a subdivision; 148.67, subdivision 1; 148.70; 1.12148.705; 148.706; 148.71; 148.73; 148.735; 148.736, subdivision 1; 148.74; 1.13148.75; 148.754; 148.755; 148.76, subdivision 1; 148.78; 148B.50, subdivision 1.145; 148B.53, subdivisions 1, 3; 148C.12, by adding subdivisions; 148D.050, 1.15subdivision 1; 148D.055, subdivisions 2, 3, 4, 5, by adding a subdivision; 1.16148D.060, subdivisions 5, 6, 7, 13, by adding a subdivision; 148D.120, 1.17subdivision 2; 148D.125, subdivision 1; 151.01, by adding subdivisions; 151.06, 1.18subdivision 1; 151.21, subdivisions 1, 2, 3, by adding a subdivision; 214.103, 1.19subdivisions 8, 9; 214.32, subdivision 1; 245.462, subdivision 18; 245.470, 1.20subdivision 1; 245.4871, subdivision 27; 245.488, subdivision 1; 256B.0623, 1.21subdivision 5; 256B.0624, subdivisions 5, 8; 256B.0943, subdivision 1; 256J.08, 1.22subdivision 73a; proposing coding for new law in Minnesota Statutes, chapters 1.23148; 148B; 148D; proposing coding for new law as Minnesota Statutes, chapter 1.24148E; repealing Minnesota Statutes 2006, sections 148.691, subdivision 3; 1.25148.71, subdivision 1; 148.72; 148.745; 148.775; 148D.001; 148D.010; 1.26148D.015; 148D.020; 148D.025; 148D.030; 148D.035; 148D.040; 148D.045; 1.27148D.050; 148D.055; 148D.060; 148D.065; 148D.070; 148D.075; 148D.080; 1.28148D.085; 148D.090; 148D.095; 148D.100; 148D.105; 148D.110; 148D.115; 1.29148D.120; 148D.125; 148D.130; 148D.135; 148D.140; 148D.145; 148D.150; 1.30148D.155; 148D.160; 148D.165; 148D.170; 148D.175; 148D.180; 148D.185; 1.31148D.190; 148D.195; 148D.200; 148D.205; 148D.210; 148D.215; 148D.220; 1.32148D.225; 148D.230; 148D.235; 148D.240; 148D.245; 148D.250; 148D.255; 1.33148D.260; 148D.265; 148D.270; 148D.275; 148D.280; 148D.285; 148D.290; 1.34Minnesota Rules, parts 5601.0200; 5601.0300; 5601.0400; 5601.0500; 1.355601.0600; 5601.0700; 5601.0800; 5601.1400; 5601.1500; 5601.1600; 1.365601.2800; 5601.2900; 5601.3000; 5601.3105; 5601.3110; 5601.3115; 1.375601.3120; 5601.3125; 5601.3130; 5601.3135; 5601.3140; 5601.3145; 1.385601.3150; 5601.3155; 5601.3160; 5601.3165.2.1BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:2.2    Section 1. Minnesota Statutes 2006, section 144.121, subdivision 5, is amended to read:2.3    Subd. 5. Examination for individual operating x-ray equipment.After January 2.41, 1997, an individual in a facility with x-ray equipment for use on humans that is 2.5registered under subdivision 1 may not operate, nor may the facility allow the individual 2.6to operate, x-ray equipment unless the individual has passed an examination approved 2.7by the commissioner of health, or an examination determined to the satisfaction of the 2.8commissioner of health to be an equivalent national, state, or regional examination, 2.9that demonstrates the individual's knowledge of basic radiation safety, proper use of 2.10x-ray equipment, darkroom and film processing, and quality assurance procedures. The 2.11commissioner shall establish by rule criteria for the approval of examinations required 2.12for an individual operating an x-ray machine in Minnesota. (a) After January 1, 2008, an 2.13individual in a facility with x-ray equipment for use on humans that is registered under 2.14subdivision 1 may not operate, nor may the facility allow the individual to operate, 2.15x-ray equipment unless the individual has passed a national examination determined 2.16to the satisfaction of the commissioner of health. The commissioner shall establish by 2.17rule criteria for the approval of examinations based on national standards, such as the 2.18examination in radiography from the American Registry of Radiologic Technologists, the 2.19examination for limited scope of practice in radiography from the American Registry 2.20of Radiologic Technologists for limited x-ray machine operators, and the American 2.21Registry of Chiropractic Radiography Technologists for limited radiography in spines and 2.22extremities; or equivalent examinations approved by other states. Equivalent examinations 2.23are to be determined by the commissioner, and must be consistent with the standards 2.24for educational and psychological testing as recommended by the American Education 2.25Research Association, the American Psychological Association, the National Council 2.26on Measurement in Education, or the National Commission for Certifying Agencies. 2.27Any costs incurred in determining the extent to which examinations meet the examining 2.28standards of this subdivision shall be paid by the individual or organization proposing the 2.29use of such examination. The commissioner shall issue a certificate to examinees who 2.30pass an approved examination.2.31    (b) Individuals who have met current regulations to operate x-ray equipment prior to 2.32January 1, 2008, in a facility with x-ray equipment for use on humans that is registered 2.33under subdivision 1 shall not be required to take a national examination as required in 2.34paragraph (a).2.35EFFECTIVE DATE.This section is effective January 1, 2008.3.1    Sec. 2. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision 3.2to read:3.3    Subd. 5a.Limited x-ray machine operator examination.The examination for 3.4limited x-ray machine operators shall include, but not be limited to:3.5    (1) radiation protection, equipment maintenance and operation, image production 3.6and evaluation, patient care and management; and3.7    (2) at least one of the following regions of the human anatomy: chest, extremities, 3.8skull and sinus, spine, or ankle and foot. These examinations must include the anatomy 3.9of, and position for, the specific regions.3.10EFFECTIVE DATE.This section is effective January 1, 2008.3.11    Sec. 3. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision 3.12to read:3.13    Subd. 5b.Limited x-ray machine operator practice.A limited x-ray operator 3.14may practice medical radiography on limited regions of the human anatomy for which 3.15they have successfully passed an examination outlined in subdivision 5a. The operator 3.16may practice using only routine radiographic procedures, for the interpretation by and 3.17under the direction of a licensed practitioner, excluding computed tomography, the use of 3.18contrast media, and the use of fluoroscopic or mammographic equipment.3.19EFFECTIVE DATE.This section is effective January 1, 2008.3.20    Sec. 4. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision 3.21to read:3.22    Subd. 5c.Exemptions.X-ray machine operators who have met current regulations 3.23adopted by the commissioner prior to January 1, 2008, are exempt from the requirements 3.24of subdivisions 5 to 5e, but must meet the continuing education requirements provided in 3.25subdivision 5f. Subdivisions 5 to 5f do not apply to dental hygienists, dental assistants, 3.26certified registered nurse anesthetists, and individuals that are licensed in the state of 3.27Minnesota to practice medicine, osteopathy, chiropractics, podiatry, and dentistry.3.28EFFECTIVE DATE.This section is effective January 1, 2008.3.29    Sec. 5. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision 3.30to read:3.31    Subd. 5d.Procedures.The commissioner shall adopt by rule procedures to be 3.32followed for examinations.4.1EFFECTIVE DATE.This section is effective January 1, 2008.4.2    Sec. 6. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision 4.3to read:4.4    Subd. 5e.Variance of scope and practice.The commissioner may grant a variance 4.5according to Minnesota Rules, parts 4717.7000 to 4717.7050, to a facility for the scope of 4.6practice of an x-ray operator in cases where the delivery of health care would otherwise be 4.7compromised if a variance were not granted. The request for a variance must be in writing, 4.8state the circumstances that constitute hardship, state the period of time the facility wishes 4.9to have the variance for the scope of practice in place, and state the alternative measures 4.10that will be taken if the variance is granted. The commissioner shall set forth in writing 4.11the reasons for granting or denying the variance. Variances granted by the commissioner 4.12specify in writing the time limitation and required alternative measures to be taken 4.13by the facility. A request for the variance shall be denied if the commissioner finds the 4.14circumstances stated by the facility do not support a claim of hardship, the requested time 4.15period for the variance is unreasonable, the alternative measures proposed by the facility 4.16are not equivalent to the scope of practice, or the request for the variance is not submitted 4.17to the commissioner in a timely manner.4.18EFFECTIVE DATE.This section is effective January 1, 2008.4.19    Sec. 7. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision 4.20to read:4.21    Subd. 5f.Continuing education requirements.The commissioner shall approve 4.22continuing education programs for limited x-ray operators that offer x-ray-specific courses 4.23including, but not limited to, courses offered online. A limited x-ray operator shall 4.24complete four hours of continuing education during every two-year period and pay a $20 4.25fee every two years in order to remain certified. The first two-year period ends January 4.261, 2010. A limited x-ray operator who is out of compliance shall be given three months 4.27to comply with this subdivision. After that three-month period, an individual who is out 4.28of compliance shall be required to take an examination, as provided in subdivision 5, 4.29in order to be recertified.4.30    Sec. 8. Minnesota Statutes 2006, section 147.037, subdivision 1, is amended to read:4.31    Subdivision 1. Requirements. The board shall issue a license to practice medicine 4.32to any person who satisfies the requirements in paragraphs (a) to (g).5.1    (a) The applicant shall satisfy all the requirements established in section 
         147.02, 5.2subdivision 1
         , paragraphs (a), (e), (f), (g), and (h). 5.3    (b) The applicant shall present evidence satisfactory to the board that the applicant 5.4is a graduate of a medical or osteopathic school approved by the board as equivalent 5.5to accredited United States or Canadian schools based upon its faculty, curriculum, 5.6facilities, accreditation, or other relevant data. If the applicant is a graduate of a medical 5.7or osteopathic program that is not accredited by the Liaison Committee for Medical 5.8Education or the American Osteopathic Association, the applicant must may use the 5.9Federation of State Medical Boards' Federation Credentials Verification Service (FCVS) 5.10or its successor. If the applicant uses this service as required allowed under this paragraph, 5.11the physician application fee may be less than $200 but must not exceed the cost of 5.12administering this paragraph.5.13    (c) The applicant shall present evidence satisfactory to the board that the applicant 5.14has been awarded a certificate by the Educational Council for Foreign Medical Graduates, 5.15and the applicant has a working ability in the English language sufficient to communicate 5.16with patients and physicians and to engage in the practice of medicine.5.17    (d) The applicant shall present evidence satisfactory to the board of the completion 5.18of two years of graduate, clinical medical training in a program located in the United 5.19States, its territories, or Canada and accredited by a national accrediting organization 5.20approved by the board. This requirement does not apply:5.21    (1) to an applicant who is admitted as a permanent immigrant to the United States on 5.22or before October 1, 1991, as a person of exceptional ability in the sciences according to 5.23Code of Federal Regulations, title 20, section 656.22(d);5.24    (2) to an applicant holding a valid license to practice medicine in another country 5.25and issued a permanent immigrant visa after October 1, 1991, as a person of extraordinary 5.26ability in the field of science or as an outstanding professor or researcher according to 5.27Code of Federal Regulations, title 8, section 204.5(h) and (i), or a temporary nonimmigrant 5.28visa as a person of extraordinary ability in the field of science according to Code of 5.29Federal Regulations, title 8, section 214.2(o),5.30provided that a person under clause (1) or (2) is admitted pursuant to rules of the United 5.31States Department of Labor; or5.32    (3) to an applicant who is licensed in another state, has practiced five years without 5.33disciplinary action in the United States, its territories, or Canada, has completed one year 5.34of the graduate, clinical medical training required by this paragraph, and has passed the 5.35Special Purpose Examination of the Federation of State Medical Boards within three 5.36attempts in the 24 months before licensing.6.1    (e) The applicant must:6.2    (1) have passed an examination prepared and graded by the Federation of State 6.3Medical Boards, the United States Medical Licensing Examination program in accordance 6.4with section 
         147.02, subdivision 1, paragraph (c), clause (2), or the Medical Council 6.5of Canada; and 6.6    (2) have a current license from the equivalent licensing agency in another state or 6.7country and, if the examination in clause (1) was passed more than ten years ago, either:6.8    (i) pass the Special Purpose Examination of the Federation of State Medical Boards 6.9with a score of 75 or better within three attempts; or6.10    (ii) have a current certification by a specialty board of the American Board of 6.11Medical Specialties, of the American Osteopathic Association Bureau of Professional 6.12Education, of the Royal College of Physicians and Surgeons of Canada, or of the College 6.13of Family Physicians of Canada.6.14    (f) The applicant must not be under license suspension or revocation by the licensing 6.15board of the state or jurisdiction in which the conduct that caused the suspension or 6.16revocation occurred.6.17    (g) The applicant must not have engaged in conduct warranting disciplinary action 6.18against a licensee, or have been subject to disciplinary action other than as specified in 6.19paragraph (f). If an applicant does not satisfy the requirements stated in this paragraph, 6.20the board may issue a license only on the applicant's showing that the public will be 6.21protected through issuance of a license with conditions or limitations the board considers 6.22appropriate.6.23EFFECTIVE DATE.This section is effective the day following final enactment.6.24    Sec. 9. Minnesota Statutes 2006, section 147A.27, subdivision 2, is amended to read:6.25    Subd. 2. Organization. The council shall be organized and administered under 6.26section 
         15.059, except that the advisory council shall expire on June 30, 2007. 6.27    Sec. 10. Minnesota Statutes 2006, section 147B.05, subdivision 2, is amended to read:6.28    Subd. 2. Administration; compensation; removal; quorum. The advisory council 6.29is governed by section 
         15.059, except that the council does not expire until June 30, 2007.6.30    Sec. 11. Minnesota Statutes 2006, section 147C.35, subdivision 2, is amended to read:6.31    Subd. 2. Organization. The advisory council shall be organized and administered 6.32under section 15.059. The council expires June 30, 2007.7.1    Sec. 12. Minnesota Statutes 2006, section 147D.25, subdivision 2, is amended to read:7.2    Subd. 2. Organization. The advisory council shall be organized and administered 7.3under section 15.059. The council expires June 30, 2007.7.4    Sec. 13. Minnesota Statutes 2006, section 148.515, subdivision 2, is amended to read:7.5    Subd. 2. Master's or doctoral degree required for speech-language pathology 7.6applicants. (a) An applicant for speech-language pathology must possess a master's or 7.7doctoral degree that meets the requirements of paragraph (b). If completing a doctoral 7.8program in which a master's degree has not been conferred, an applicant must submit a 7.9transcript showing or letter from the academic department chair evidencing completion 7.10of course workcoursework equivalent to, or exceeding, a master's degree that meets 7.11the requirement of paragraph (b).7.12    (b) All of the speech-language pathology applicant's graduate coursework and 7.13clinical practicum required in the professional area for which licensure is sought must 7.14have been initiated and completed at an institution whose program meets the current 7.15requirements and was accredited by the Educational Standards Board of the Council 7.16on Academic Accreditation in Audiology and Speech-Language Pathology, a body 7.17recognized by the United States Department of Education, or an equivalent as determined 7.18by the commissioner, in the area for which licensure is sought.7.19    Sec. 14. Minnesota Statutes 2006, section 148.515, is amended by adding a subdivision 7.20to read:7.21    Subd. 2a.Masters or doctoral degree required for audiology applicants.An 7.22applicant for audiology must possess a masters degree or doctoral degree that meets the 7.23following requirements:7.24    (1) if graduate training is completed prior to August 30, 2007, an audiology applicant 7.25must possess a masters or doctoral degree in audiology from an accredited educational 7.26institution; or7.27    (2) if graduate training is completed after August 30, 2007, an audiology applicant 7.28must possess a doctoral degree with an emphasis in audiology, or its equivalent as 7.29determined by the commissioner, from an accredited educational institution.7.30    Sec. 15. Minnesota Statutes 2006, section 148.65, subdivision 2, is amended to read:7.31    Subd. 2. Physical therapist. "Physical therapist" means a person licensed by the 7.32board who practices physical therapy as defined in sections 
         148.65 to 
         148.78. 8.1    Sec. 16. Minnesota Statutes 2006, section 148.65, subdivision 3, is amended to read:8.2    Subd. 3. Physical therapist assistant. "Physical therapist assistant" means 8.3a graduate of a physical therapist assistant educational program accredited by the 8.4Commission on Accreditation in Physical Therapy Education (CAPTE) or a recognized 8.5comparable national accrediting agency approved by the board. The physical therapist 8.6assistant,person licensed by the board who provides physical therapy under the 8.7direction and supervision of thea physical therapist, and who performs physical therapy 8.8interventions and assists with coordination, communication, and documentation;, and 8.9patient-client-related instruction. The physical therapist is not required to be on-site 8.10except as required under Minnesota Rules, part 5601.1500, but must be easily available 8.11by telecommunications.8.12    Sec. 17. Minnesota Statutes 2006, section 148.65, is amended by adding a subdivision 8.13to read:8.14    Subd. 8.Licensee."Licensee" means a person licensed as a physical therapist 8.15or a physical therapist assistant.8.16    Sec. 18. Minnesota Statutes 2006, section 148.67, subdivision 1, is amended to read:8.17    Subdivision 1. Board of Physical Therapy appointed. The governor shall appoint 8.18a state Board of Physical Therapy to administer sections 
         148.65 to 
         148.78, regarding the 8.19qualifications and examination of physical therapists and physical therapist assistants. The 8.20board shall consist of nine members, citizens and residents of the state of Minnesota, 8.21composed of fourfive physical therapists, one licensed and registered doctor of medicine, 8.22onetwo physical therapy assistanttherapist assistants, and three public members. The four 8.23physical therapist members and the physical therapist assistant members must be licensed 8.24physical therapists in this state. Each of the four physical therapist members mustand have 8.25at least five years' experience in physical therapy practice, physical therapy administration, 8.26or physical therapy education. The five years' experience must immediately precede 8.27appointment. Membership terms, compensation of members, removal of members, 8.28filling of membership vacancies, and fiscal year and reporting requirements shall be as 8.29provided in sections 
         214.07 to 
         214.09. The provision of staff, administrative services, and 8.30office space; the review and processing of complaints; the setting of board fees; and 8.31other provisions relating to board operations shall be as provided in chapter 214. Each 8.32member of the board shall file with the secretary of state the constitutional oath of office 8.33before beginning the term of office. 9.1    Sec. 19. Minnesota Statutes 2006, section 148.70, is amended to read:9.2148.70 APPLICANTS, QUALIFICATIONS.9.3    The Board of Physical Therapy must:9.4    (1) establish the qualifications of applicants for licensing and continuing education 9.5requirements for relicensing renewal of licensure;9.6    (2) provide for and conduct all examinations following satisfactory completion of 9.7all didactic requirements;9.8    (3) determine the applicants who successfully pass the examination; and9.9    (4) duly license an applicant after the applicant has presented evidence satisfactory 9.10to the board that the applicant has completed an accredited physical therapy educational 9.11program of education or continuing education approved by the board met all requirements 9.12for licensure as a physical therapist or physical therapist assistant.9.13    The passing score for examinations taken after July 1, 1995, shall be based on 9.14objective, numerical standards, as established by a nationally recognized board approved 9.15testing service.9.16    Sec. 20. Minnesota Statutes 2006, section 148.705, is amended to read:9.17148.705 APPLICATION.9.18    Subdivision 1.Form; fee. An applicant for licensinglicensure as a physical 9.19therapist or physical therapist assistant shall filesubmit a written application on forms 9.20provided by the board together with athe appropriate fee in the amount set by the board. 9.21No portion of the fee is refundable. No applicant will be approved to sit for the national 9.22examination until the application is complete, as determined by the board.9.23    An approved program for physical therapists shall include the following:9.24    (1) a minimum of 60 academic semester credits or its equivalent from an accredited 9.25college, including courses in the biological and physical sciences; and9.26    (2) an accredited course in physical therapy education which has provided adequate 9.27instruction in the basic sciences, clinical sciences, and physical therapy theory and 9.28procedures, as determined by the board. In determining whether or not a course in physical 9.29therapy is approved, the board may take into consideration the accreditation of such 9.30schools by the appropriate council of the American Medical Association, the American 9.31Physical Therapy Association, or the Canadian Medical Association.9.32    Subd. 2.Contents of application.(a) The application must include the following 9.33information:10.1    (1) evidence satisfactory to the board that the applicant has met the educational 10.2requirements of section 148.721 or 148.722 as demonstrated by a certified copy of a 10.3transcript;10.4    (2) recommendations by two physical therapists registered or licensed to practice 10.5physical therapy in the United States or Canada attesting to the applicant's ethical and 10.6moral character;10.7    (3) a recent full-face photograph of the applicant attached to the application with the 10.8affidavit on the form completed and notarized;10.9    (4) a record of the applicant's high school, college, and board-approved physical 10.10therapy school education listing the names, locations, dates of attendance, and diplomas, 10.11degrees, or certificates awarded;10.12    (5) a record of the applicant's postgraduate work and military service;10.13    (6) a listing of the United States jurisdictions, and countries in which the applicant is 10.14currently licensed or registered, or has been in the past, including the applicant's license or 10.15registration certificate number, the date the license or registration was obtained, and the 10.16method by which the license or registration was received;10.17    (7) a record of the applicant's current and previous physical therapy practice 10.18experience;10.19    (8) a record of disciplinary action taken on past complaints, refusal of licensure or 10.20registration, or denial of examination eligibility by another state board or physical therapy 10.21society against the applicant;10.22    (9) a record of the applicant's personal use or administration of any controlled 10.23substances and any treatment for alcohol or drug abuse;10.24    (10) a record by the applicant of any disease, illness, or injury that impairs the 10.25applicant's ability to practice physical therapy;10.26    (11) a record of any convictions for crimes related to the practice of physical therapy, 10.27felonies, gross misdemeanors, and crimes involving moral turpitude;10.28    (12) a listing of any memberships in a physical therapy professional association;10.29    (13) the applicant's name and address;10.30    (14) the applicant's Social Security number, alien registration card number, or tax 10.31identification number, whichever is applicable;10.32    (15) completed copies of credentials verification forms provided by the board; and10.33    (16) any information deemed necessary by the board to evaluate the applicant.10.34    (b) A person who has previously practiced in another state shall submit the following 10.35information for the five-year period of active practice preceding the date of filing 10.36application in this state:11.1    (1) the name and address of the person's professional liability insurer in the other 11.2state; and11.3    (2) the number, date, and disposition of any malpractice settlement or award made 11.4to a plaintiff relating to the quality of services provided.11.5    Sec. 21. Minnesota Statutes 2006, section 148.706, is amended to read:11.6148.706 SUPERVISION OF PHYSICAL THERAPIST ASSISTANTS, AIDES, 11.7AND STUDENTS.11.8    Subdivision 1.Supervision. Every physical therapist who uses the services of a 11.9physical therapist assistant or physical therapy aide for the purpose of assisting in the 11.10practice of physical therapy is responsible for functions performed by the assistant or 11.11aide while engaged in such assistance. The physical therapist shall delegate duties to the 11.12physical therapist assistant and assign tasks to the physical therapy aide in accordance 11.13with Minnesota Rules, part 5601.1400 subdivision 2. Physical therapists who instruct 11.14student physical therapists and student physical therapist assistants are responsible for the 11.15functions performed by the students and shall supervise the students as provided under 11.16section 
         148.65, subdivisions 5 and 6. A licensed physical therapist may supervise no more 11.17than two physical therapist assistants at any time.11.18    Subd. 2.Delegation of duties.The physical therapist may delegate patient 11.19treatment procedures only to a physical therapist assistant who has sufficient didactic and 11.20clinical preparation. The physical therapist may not delegate the following activities to the 11.21physical therapist assistant or to other supportive personnel: patient evaluation, treatment 11.22planning, initial treatment, change of treatment, and initial or final documentation.11.23    Subd. 3.Observation of physical therapist assistants.When components of a 11.24patient's treatment are delegated to a physical therapist assistant, a physical therapist must 11.25provide on-site observation of the treatment and documentation of its appropriateness at 11.26least every six treatment sessions. The physical therapist is not required to be on-site, but 11.27must be easily available by telecommunications.11.28    Subd. 4.Observation of physical therapy aides.The physical therapist must 11.29observe the patient's status before and after the treatment administered by a physical 11.30therapy aide. The physical therapy aide may perform tasks related to preparation of patient 11.31and equipment for treatment, housekeeping, transportation, clerical duties, departmental 11.32maintenance, and selected treatment procedures. The tasks must be performed under the 11.33direct supervision of a physical therapist who is readily available for advice, instruction, 11.34or immediate assistance.12.1    Sec. 22. Minnesota Statutes 2006, section 148.71, is amended to read:12.2148.71 LICENSING TEMPORARY PERMITS.12.3    Subdivision 1.Qualified applicant.The state Board of Physical Therapy shall 12.4license as a physical therapist and shall furnish a license to an applicant who successfully 12.5passes an examination provided for in sections 148.65 to 148.78 for licensing as a physical 12.6therapist and who is otherwise qualified as required in sections 148.65 to 148.78. 12.7    Subd. 2. Temporary permit Issuance. (a) The board may, upon completion of 12.8the application prescribed by the board and payment of a fee set by the board, issue a 12.9temporary permit to practice physical therapy under supervision to a physical therapist 12.10who is a graduate of an approved school of physical therapyan applicant for licensure as a 12.11physical therapist or physical therapist assistant who meets the educational requirements 12.12of section 148.721 or 148.722 and qualified for admission to examination for licensing as 12.13a physical therapist or physical therapist assistant. A temporary permit to practice physical 12.14therapy under supervision may be issued only once and cannot be renewed. It expires 90 12.15days after the next examination for licensing given by the board or on the date on which 12.16the board, after examination of the applicant, grants or denies the applicant a license to 12.17practice, whichever occurs first. A temporary permit expires on the first day the board 12.18begins its next examination for license after the permit is issued if the holder does not 12.19submit to examination on that date. The holder of a temporary permit to practice physical 12.20therapy under supervision may practice physical therapy as defined in section 
         148.65 if 12.21the entire practice is under the supervision of a person holding a valid license to practice 12.22physical therapy in this state. The supervision shall be direct, immediate, and on premises. 12.23    (b) A physical therapistAn applicant from another state who is licensed or otherwise 12.24registered in good standing as a physical therapist by that state and meets the requirements 12.25for licensing under section 
         148.72 does not require supervision to practice physical therapy 12.26while holding a temporary permit in this state. The temporary permit remains valid only 12.27until the meeting of the board at which the application for licensing is considered. 12.28    Subd. 3. Foreign-trainedForeign-educated physical therapists; temporary 12.29permits. (a) The Board of Physical Therapy may issue a temporary permit to a 12.30foreign-trainedforeign-educated physical therapist who:12.31    (1) is enrolled in a supervised physical therapy traineeship that meets the 12.32requirements under paragraph (b);12.33    (2) has completed a physical therapy education program equivalent to that under 12.34section 
         148.705 and Minnesota Rules, part 5601.0800, subpart 2 148.721, and has 12.35provided to the board a Foreign Credentialing Commission on Physical Therapy 13.1(FCCPT) comprehensive credentials evaluation (Type I certificate) or FCCPT educational 13.2credentials review demonstrating completion of the program; 13.3    (3) has achieved a passing score of at least 550according to section 148.725, 13.4subdivision 3, on the test of English as a foreign language or a score of at least 85 on 13.5the Minnesota battery test an alternate equivalent examination, as determined by the 13.6board; and13.7    (4) has paid a nonrefundable fee set by the board.13.8    A foreign-trainedforeign-educated physical therapist must have the temporary 13.9permit before beginning a traineeship.13.10    (b) A supervised physical therapy traineeship must:13.11    (1) be at least six months;13.12    (2) be at a board-approved facility;13.13    (3) provide a broad base of clinical experience to the foreign-trainedforeign-educated 13.14physical therapist including a variety of physical agents, therapeutic exercises, evaluation 13.15procedures, and patient diagnoses;13.16    (4) be supervised by a physical therapist who has at least three years of clinical 13.17experience and is licensed under subdivision 1; and13.18    (5) be approved by the board before the foreign-trainedforeign-educated physical 13.19therapist begins the traineeship.13.20    (c) A temporary permit is effective on the first day of a traineeship and expires 90 13.21days after the next examination for licensing given by the board following successful 13.22completion of the traineeship or on the date on which the board, after examination of the 13.23applicant, grants or denies the applicant a license to practice, whichever occurs first.13.24    (d) A foreign-trainedforeign-educated physical therapist must successfully complete 13.25a traineeship to be licensed as a physical therapist under subdivision 1. The traineeship 13.26may be waived for a foreign-trainedforeign-educated physical therapist who is licensed 13.27or otherwise registered in good standing in another state and has successfully practiced 13.28physical therapy in that state under the supervision of a licensed or registered physical 13.29therapist for at least six months at a facility that meets the requirements under paragraph 13.30(b), clauses (2) and (3).13.31    (e) A temporary permit will not be issued to a foreign-trainedforeign-educated 13.32applicant who has been issued a temporary permit for longer than six months in any 13.33other state.13.34    Sec. 23. [148.721] EDUCATIONAL REQUIREMENTS FOR LICENSED 13.35PHYSICAL THERAPIST.14.1    Subdivision 1.Accredited program.All applicants for licensure as a physical 14.2therapist must complete a course in physical therapy education accredited by the 14.3Commission on Accreditation in Physical Therapy Education (CAPTE) or which meets 14.4the accreditation requirements of CAPTE, as determined by the board.14.5    Subd. 2.General education.In addition to completion of the accredited program 14.6required in subdivision 1, applicants must complete an additional 60 academic semester 14.7credits or its quarter equivalent from an institution of higher education that is accredited 14.8by a regional accrediting organization. Coursework used to satisfy this requirement may 14.9not have been earned as part of the accredited program requirement of subdivision 1.14.10    Sec. 24. [148.722] EDUCATIONAL REQUIREMENTS FOR LICENSED 14.11PHYSICAL THERAPIST ASSISTANT.14.12    All applicants for licensure as a physical therapist assistant must graduate from 14.13a physical therapist assistant educational program accredited by the Commission 14.14on Accreditation in Physical Therapy Education (CAPTE) or meet its standards, as 14.15determined by the board.14.16    Sec. 25. [148.723] EXAMINATION FOR LICENSED PHYSICAL THERAPIST.14.17    Subdivision 1.National test.All applicants for licensure as a physical therapist 14.18must take and pass the National Physical Therapy Examination (NPTE) administered by 14.19the Federation of State Boards of Physical Therapy (FSBPT) or an alternate national 14.20examination determined by the board to be equivalent. For purposes of this section, 14.21passing scores are defined in subdivisions 2 and 3.14.22    Subd. 2.Examinations taken on or before July 1, 1995.The passing score for 14.23qualifying examinations taken prior to July 1, 1995, is one standard deviation below the 14.24mean of all persons taking the examination.14.25    Subd. 3.Examinations taken after July 1, 1995.The passing score for qualifying 14.26examinations taken after July 1, 1995, shall be based on objective, numerical standards 14.27established by the administering testing agency.14.28    Sec. 26. [148.724] EXAMINATION FOR LICENSED PHYSICAL THERAPIST 14.29ASSISTANT.14.30    Subdivision 1.National test.All applicants for licensure as a physical therapist 14.31assistant must take and pass the National Physical Therapy Examination (NPTE) for 14.32physical therapist assistants administered by the Federation of State Boards of Physical 15.1Therapy (FSBPT) or an alternate national examination determined by the board to be 15.2equivalent. For purposes of this section, passing scores are defined in subdivisions 2 to 4.15.3    Subd. 2.Examinations taken on or before July 1, 1995.The passing score for 15.4qualifying examinations taken prior to July 1, 1995, is one standard deviation below the 15.5mean of all persons taking the examination.15.6    Subd. 3.Examinations taken after July 1, 1995.The passing score for qualifying 15.7examinations taken after July 1, 1995, shall be based on objective, numerical standards 15.8established by the administering testing agency.15.9    Subd. 4.Grandparenting provision.Applicants for licensure as a physical 15.10therapist assistant who meet the educational requirements of section 148.722 prior to 15.11September 1, 2007, are not required to take and pass the examination required by this 15.12section. This provision expires on July 1, 2008.15.13    Sec. 27. [148.725] REQUIREMENTS FOR FOREIGN-EDUCATED 15.14APPLICANTS.15.15    Subdivision 1.Scope and documentation.An applicant for licensure who is a 15.16foreign-educated physical therapist must fulfill the requirements in subdivisions 2 to 5, 15.17providing certified English translations of board-required relevant documentation.15.18    Subd. 2.Education evaluation.The applicant must present evidence of completion 15.19of physical therapy schooling equivalent to that required in section 148.721 by having a 15.20Type I comprehensive credentials evaluation or educational credentials review performed 15.21by the Foreign Credentialing Commission on Physical Therapy (FCCPT). The evaluation 15.22must be sent directly to the board from the FCCPT. The applicant shall be responsible for 15.23the expenses incurred as a result of the evaluation.15.24    Subd. 3.English test.If not completed as part of the FCCPT Type I comprehensive 15.25credentials evaluation, the applicant must demonstrate English language proficiency by 15.26taking the test of English as a foreign language examination (TOEFL) and achieving a 15.27passing score as established by the board, or a passing score on a comparable nationally 15.28recognized examination approved by the board. For purposes of this subdivision, the 15.29passing score adopted by the board shall be applied prospectively.15.30    Subd. 4.Experience.The applicant must have practiced satisfactorily for at least 15.31six months under the supervision of a licensed physical therapist at a board-approved 15.32facility. A facility that offers such practice must provide a broad base of experience 15.33including a variety of physical agents, therapeutic exercises, evaluation procedures, and 15.34patient diagnoses. Supervision must be provided by a licensed physical therapist with at 16.1least three years of clinical experience. A proposed outline of clinical experiences must be 16.2approved by the board before the facility begins offering the experience.16.3    Subd. 5.Examination.The applicant must satisfactorily complete the 16.4board-approved examination as stated in section 148.72 or 148.73.16.5    Sec. 28. Minnesota Statutes 2006, section 148.73, is amended to read:16.6148.73 RENEWALS.16.7    Every licensed physical therapist and physical therapist assistant shall, during each 16.8January before January 1 each year, apply to the board for an extension of a license and 16.9pay a fee in the amount set by the board. The extension of the license is contingent 16.10upon demonstration that the continuing education requirements set by the board under 16.11section 
         148.70 have been satisfied. For purposes of this section, the continuing education 16.12requirements for physical therapist assistants are the same as those for physical therapists.16.13    Sec. 29. Minnesota Statutes 2006, section 148.735, is amended to read:16.14148.735 CANCELLATION OF LICENSE IN GOOD STANDING.16.15    Subdivision 1. Board approval; reporting. A physical therapist or physical 16.16therapist assistant holding an active license to practice physical therapy in the state may, 16.17upon approval of the board, be granted license cancellation if the board is not investigating 16.18the person as a result of a complaint or information received or if the board has not begun 16.19disciplinary proceedings against the person. Such action by the board shall be reported as 16.20a cancellation of a license in good standing.16.21    Subd. 2. Fees nonrefundable. A physical therapist or physical therapist assistant 16.22who receives board approval for license cancellation is not entitled to a refund of any 16.23license fees paid for the licensure year in which cancellation of the license occurred.16.24    Subd. 3. New license after cancellation. If a physical therapist or physical therapist 16.25assistant who has been granted board approval for license cancellation desires to resume 16.26the practice of physical therapy in Minnesota, that physical therapist or physical therapist 16.27assistant must obtain a new license by applying for licensure and fulfilling the requirements 16.28then in existence for obtaining an initial license to practice physical therapy in Minnesota.16.29    Sec. 30. Minnesota Statutes 2006, section 148.736, subdivision 1, is amended to read:16.30    Subdivision 1. Board approval; reporting. A physical therapist, or physical 16.31therapist assistant whose right to practice is under suspension, condition, limitation, 16.32qualification, or restriction by the board may be granted cancellation of credentials by 16.33approval of the board. Such action by the board shall be reported as cancellation while 17.1under discipline. Credentials, for purposes of this section, means board authorized 17.2documentation of the privilege to practice physical therapy.17.3    Sec. 31. Minnesota Statutes 2006, section 148.74, is amended to read:17.4148.74 RULES.17.5    The board may adopt rules needed to carry out sections 
         148.65 to 
         148.78. The 17.6secretary-treasurer of the board shall keep a record of proceedings under these sections 17.7and a register of all persons licensed under it. The register shall show the name, address, 17.8date and number of the license, and the renewal of the license. Any other interested 17.9person in the state may obtain a copy of the list on request to the board upon paying an 17.10amount fixed by the board. The amount shall not exceed the cost of the list furnished. The 17.11board shall provide blanks, books, certificates, and stationery and assistance necessary to 17.12transact business of the board. All money received by the board under sections 148.65 to 17.13148.78 shall be paid into the state treasury as provided for by law. The board shall set by 17.14rule the amounts of the application fee and the annual licensing fee. The fees collected by 17.15the board must be sufficient to cover the costs of administering sections 148.65 to 148.78.17.16    Sec. 32. Minnesota Statutes 2006, section 148.75, is amended to read:17.17148.75 LICENSES; DENIAL, SUSPENSION, REVOCATION DISCIPLINARY 17.18ACTION.17.19    (a) The state board of Physical Therapy may refuse to grant a license to any physical 17.20therapist, or may suspend or revoke the license of any physical therapist for any of the 17.21following grounds may impose disciplinary action specified in paragraph (b) against an 17.22applicant or licensee whom the board, by a preponderance of the evidence, determines:17.23    (1) using drugs or intoxicating liquors to an extent which affects professional 17.24competence;17.25    (2) conviction of a felony;17.26    (1) has violated a statute, rule, order, or agreement for corrective action that the 17.27board issued or is otherwise authorized or empowered to enforce;17.28    (2) is unable to practice physical therapy with reasonable skill and safety by reason 17.29of any mental or physical illness or condition, including deterioration through the aging 17.30process or loss of motor skills, or use of alcohol, drugs, narcotics, chemicals, or any 17.31other type of material;17.32    (3) has been convicted of or has pled guilty or nolo contendere to a felony or other 17.33crime, an element of which is dishonesty or fraud, or has been shown to have engaged 17.34in acts or practices tending to show that the applicant or licensee is incompetent or has 18.1engaged in conduct reflecting adversely on the applicant's or licensee's ability or fitness to 18.2engage in the practice of physical therapy;18.3    (3) conviction for(4) has been convicted of violating any state or federal narcotic 18.4law;18.5    (4) obtaining(5) has obtained or attempted to obtain a license or attempting to 18.6obtain a license or approval of continuing education activities, or passed an examination,18.7by fraud or deception;18.8    (5) conduct unbecoming a person licensed as a physical therapist or conduct 18.9detrimental to the best interests of the public;18.10    (6) has engaged in unprofessional conduct or any other conduct which has the 18.11potential for causing harm to the public, including any departure from or failure to 18.12conform to the minimum standards of acceptable and prevailing practice without actual 18.13injury having to be established;18.14    (6)(7) has engaged in gross negligence in the practice of physical therapy as a 18.15physical therapist;18.16    (7) treating(8) has treated human ailments by physical therapy after an initial 30-day 18.17period of patient admittance to treatment has lapsed, except by the order or referral of a 18.18person licensed in this state in the practice of medicine as defined in section 
         147.081, the 18.19practice of chiropractic as defined in section 
         148.01, the practice of podiatry as defined 18.20in section 
         153.01, or the practice of dentistry as defined in section 
         150A.05 and whose 18.21license is in good standing; or when a previous diagnosis exists indicating an ongoing 18.22condition warranting physical therapy treatment, subject to periodic review defined by 18.23board of physical therapy rule;18.24    (8) treating(9) has treated human ailments, without referral, by physical therapy 18.25treatment without first having practiced one year under a physician's orders as verified by 18.26the board's records;18.27    (9) failing(10) has failed to consult with the patient's health care provider who 18.28prescribed the physical therapy treatment if the treatment is altered by the physical 18.29therapist from the original written order. The provision does not include written orders to 18.30"evaluate and treat";18.31    (10) treating human ailments other than by physical therapy unless duly licensed or 18.32registered to do so under the laws of this state;18.33    (11) inappropriate delegationhas inappropriately delegated to a physical therapist 18.34assistant or inappropriate task assignmentinappropriately assigned tasks to an aide, or 18.35inadequate supervision ofinadequately supervised a student physical therapist, physical 18.36therapist assistant, student physical therapist assistant, or a physical therapy aide;19.1    (12) practicinghas practiced  as a physical therapist performing medical diagnosis, 19.2the practice of medicine as defined in section 
         147.081, or the practice of chiropractic as 19.3defined in section 
         148.01;19.4    (13) failinghas failed to comply with a reasonable request to obtain appropriate 19.5clearance for mental or physical conditions that would interfere with the ability to practice 19.6physical therapy, and that may be potentially harmful to patients;19.7    (14) dividinghas divided  fees with, or paying or promising to pay a commission or 19.8part of the fee to, any person who contacts the physical therapist for consultation or sends 19.9patients to the physical therapist for treatment;19.10    (15) engaginghas engaged in an incentive payment arrangement, other than that 19.11prohibited by clause (14), that tends to promote physical therapy overuse, that allows the 19.12referring person or person who controls the availability of physical therapy services to a 19.13client to profit unreasonably as a result of patient treatment;19.14    (16) practicing physical therapy and failinghas failed to refer to a licensed health 19.15care professional a patient whose medical condition at the time of evaluation has been 19.16determined by the physical therapist to be beyond the scope of practice of a physical 19.17therapist;19.18    (17) failinghas failed to report to the board other licensed physical therapists19.19licensees who violate this section; and19.20    (18) practicinghas engaged in the practice of physical therapy under lapsed or 19.21nonrenewed credentials.;19.22    (19) has had a license, certificate, charter, registration, privilege to take an 19.23examination, or other similar authority denied, revoked, suspended, canceled, limited, 19.24reprimanded, or otherwise disciplined, or not renewed for cause in any jurisdiction; or has 19.25surrendered or voluntarily terminated a license or certificate during a board investigation 19.26of a complaint, as part of a disciplinary order, or while under a disciplinary order;19.27    (20) has been subject to a corrective action or similar action in another jurisdiction 19.28or by another regulatory authority; or19.29    (21) has failed to cooperate with an investigation of the board, including responding 19.30fully and promptly to any question raised by or on behalf of the board relating to the 19.31subject of the investigation, executing all releases requested by the board, providing copies 19.32of patient records, as reasonably requested by the board to assist it in its investigation, and 19.33appearing at conferences or hearings scheduled by the board or its staff.19.34    (b) If grounds for disciplinary action exist under paragraph (a), the board may take 19.35one or more of the following actions:19.36    (1) deny the application for licensure;20.1    (2) deny the renewal of the license;20.2    (3) revoke the license;20.3    (4) suspend the license;20.4    (5) impose limitations or conditions on the licensee's practice of physical therapy, 20.5including the: (i) limitation of scope of practice to designated field specialties; (ii) 20.6imposition of retraining or rehabilitation requirements; (iii) requirement of practice under 20.7supervision; or (iv) conditioning of continued practice on demonstration of knowledge or 20.8skills by appropriate examination, monitoring, or other review of skill and competence;20.9    (6) impose a civil penalty not to exceed $10,000 for each separate violation, 20.10the amount of the civil penalty to be fixed so as to deprive the physical therapist of 20.11any economic advantage gained by reason of the violation charged, to discourage 20.12similar violations, or to reimburse the board for the cost of the investigation and 20.13proceeding including, but not limited to, fees paid for services provided by the Office of 20.14Administrative Hearings, legal and investigative services provided by the Office of the 20.15Attorney General, court reporters, witnesses, reproduction of records, board members' 20.16per diem compensation, board staff time, and travel costs and expenses incurred by board 20.17staff and board members;20.18    (7) order the licensee to provide unremunerated service;20.19    (8) censure or reprimand the licensee; or20.20    (9) any other action as allowed by law and justified by the facts of the case.20.21    (b)(c) A license to practice as a physical therapist or physical therapist assistant is 20.22automatically suspended if (1) a guardian of the physical therapistlicensee is appointed 20.23by order of a court pursuant to sections 
         524.5-101 to 
         524.5-502, for reasons other than 20.24the minority of the physical therapist licensee; or (2) the physical therapistlicensee is 20.25committed by order of a court pursuant to chapter 253B. The license remains suspended 20.26until the physical therapistlicensee is restored to capacity by a court and, upon petition 20.27by the physical therapist licensee, the suspension is terminated by the Board of Physical 20.28Therapy after a hearing.20.29    Sec. 33. Minnesota Statutes 2006, section 148.754, is amended to read:20.30148.754 EXAMINATION; ACCESS TO MEDICAL DATA.20.31    (a) If the board has probable cause to believe that a physical therapistlicensee 20.32comes under section 
         148.75, paragraph (a), clause (2), it may direct the physical therapist20.33licensee to submit to a mental or physical examination. For the purpose of this paragraph, 20.34every physical therapistlicensee is deemed to have consented to submit to a mental or 20.35physical examination when directed in writing by the board and further to have waived 21.1all objections to the admissibility of the examining physicians' testimony or examination 21.2reports on the ground that they constitute a privileged communication. Failure of the 21.3physical therapistlicensee to submit to an examination when directed constitutes an 21.4admission of the allegations against the person, unless the failure was due to circumstances 21.5beyond the person's control, in which case a default and final order may be entered without 21.6the taking of testimony or presentation of evidence. A physical therapistlicensee affected 21.7under this paragraph shall, at reasonable intervals, be given an opportunity to demonstrate 21.8that the person can resume the competent practice of physical therapy with reasonable 21.9skill and safety to the public.21.10    (b) In any proceeding under paragraph (a), neither the record of proceedings nor 21.11the orders entered by the board shall be used against a physical therapistlicensee in any 21.12other proceeding.21.13    (c) In addition to ordering a physical or mental examination, the board may, 21.14notwithstanding section 
         13.384, 
         144.651, or any other law limiting access to medical 21.15or other health data, obtain medical data and health records relating to a physical 21.16therapistlicensee or applicant without the person's or applicant's consent if the board has 21.17probable cause to believe that a physical therapistthe person comes under paragraph 21.18(a). The medical data may be requested from a provider, as defined in section 
         144.335, 21.19subdivision 1
         , paragraph (b), an insurance company, or a government agency, including 21.20the Department of Human Services. A provider, insurance company, or government 21.21agency shall comply with any written request of the board under this paragraph and is 21.22not liable in any action for damages for releasing the data requested by the board if the 21.23data are released pursuant to a written request under this paragraph, unless the information 21.24is false and the provider giving the information knew, or had reason to believe, the 21.25information was false. Information obtained under this paragraph is classified as private 21.26under sections 
         13.01 to 
         13.87.21.27    Sec. 34. Minnesota Statutes 2006, section 148.755, is amended to read:21.28148.755 TEMPORARY SUSPENSION OF LICENSE.21.29    In addition to any other remedy provided by law, the board may, without a hearing, 21.30temporarily suspend the license of a physical therapistlicensee if the board finds that the 21.31physical therapistlicensee has violated a statute or rule which the board is empowered to 21.32enforce and continued practice by the physical therapistlicensee would create a serious 21.33risk of harm to the public. The suspension shall take effect upon written notice to the 21.34physical therapist licensee, specifying the statute or rule violated. The suspension shall 21.35remain in effect until the board issues a final order in the matter after a hearing. At the 22.1time it issues the suspension notice, the board shall schedule a disciplinary hearing to be 22.2held pursuant to the Administrative Procedure Act, chapter 14. The physical therapist22.3licensee shall be provided with at least 20 days' notice of any hearing held pursuant to this 22.4section. The hearing shall be scheduled to begin no later than 30 days after the issuance 22.5of the suspension order.22.6    Sec. 35. Minnesota Statutes 2006, section 148.76, subdivision 1, is amended to read:22.7    Subdivision 1. Licensure required. No person shall:22.8    (1) provide physical therapy unless the person is licensed as a physical therapist or 22.9physical therapist assistant under sections 
         148.65 to 
         148.78; 22.10    (2) use the title of physical therapist without a license as a physical therapist or use 22.11the title physical therapist assistant without a license as a physical therapist assistant22.12issued under sections 
         148.65 to 
         148.78; 22.13    (3) in any manner hold out as a physical therapist, or use in connection with the 22.14person's name the words or letters Physical Therapist, Physiotherapist, Physical Therapy 22.15Technician, Registered Physical Therapist, Licensed Physical Therapist, PT, PTT, RPT, 22.16LPT, or any letters, words, abbreviations or insignia indicating or implying that the person 22.17is a physical therapist, without a license as a physical therapist issued under sections 22.18148.65
          to 
         148.78. To do so is a gross misdemeanor; 22.19    (4) in any manner hold out as a physical therapist assistant, or use in connection with 22.20the person's name the words or letters Physical Therapist Assistant, P.T.A., or any letters, 22.21words, abbreviations, or insignia indicating or implying that the person is a physical 22.22therapist assistant, without a license as a physical therapist assistant under sections 148.65 22.23to 148.78. To do so is a gross misdemeanor; or22.24    (4)(5) employ fraud or deception in applying for or securing a license as a physical 22.25therapist or physical therapist assistant.22.26    Nothing in sections 
         148.65 to 
         148.78 prohibits a person licensed or registered in this 22.27state under another law from carrying out the therapy or practice for which the person is 22.28duly licensed or registered. 22.29    Sec. 36. Minnesota Statutes 2006, section 148.78, is amended to read:22.30148.78 PROSECUTION, ALLEGATIONS.22.31    In the prosecution of any person for violation of sections 
         148.65 to 
         148.78 as 22.32specified in section 
         148.76, it shall not be necessary to allege or prove want of a valid 22.33license as a physical therapist or physical therapist assistant, but shall be a matter of 22.34defense to be established by the accused. 23.1    Sec. 37. [148.785] FEES.23.2    The fees charged by the board are fixed at the following rates:23.3    (1) application fee for physical therapists and physical therapist assistants, $100;23.4    (2) annual licensure for physical therapists and physical therapist assistants, $60;23.5    (3) licensure renewal late fee, $20;23.6    (4) temporary permit, $25;23.7    (5) duplicate license or registration, $20;23.8    (6) certification letter, $25;23.9    (7) education or training program approval, $100;23.10    (8) report creation and generation, $60 per hour billed in quarter-hour increments 23.11with a quarter-hour minimum; and23.12    (9) examination administration:23.13    (i) half day, $50; and23.14    (ii) full day, $80.23.15    Sec. 38. Minnesota Statutes 2006, section 148B.50, subdivision 5, is amended to read:23.16    Subd. 5. Scope of practice. (a) The scope of practice of a licensed professional 23.17counselor includes, but is not limited to:23.18    (1) the implementation of professional counseling treatment interventions including 23.19evaluation, treatment planning, assessment, and referral;23.20    (2) direct counseling services to individuals, groups, and families;23.21    (3) counseling strategies that effectively respond to multicultural populations;23.22    (4) knowledge of relevant laws and ethics impacting practice;23.23    (5) crisis intervention;23.24    (6) consultation; and23.25    (7) program evaluation and applied research.23.26    (b) For the purposes of paragraph (a), clause (1), "professional counseling treatment 23.27interventions" means the application of cognitive, affective, behavioral, systemic, and 23.28community counseling strategies which include principles of human development, 23.29wellness, and pathology. Counselors provide mental health services for clients whose 23.30symptoms significantly interfere with daily functioning and would most likely not improve 23.31in a reasonable time period without intervention.23.32    (c) Licensed professional counseling does not include activities or services 23.33undertaken by persons listed in section 
         148B.592, or the performance of any act that 23.34licensed professional counselors are not educated and trained to perform. 24.1    (d) In order to evaluate and treat mental illness, a licensed professional counselor 24.2must complete the postgraduate training specified in section 245.462, subdivision 18, 24.3clause (6), or 245.4871, subdivision 27, clause (6).24.4    Sec. 39. Minnesota Statutes 2006, section 148B.53, subdivision 1, is amended to read:24.5    Subdivision 1. General requirements. (a) To be licensed as a licensed professional 24.6counselor (LPC), an applicant must provide evidence satisfactory to the board that the 24.7applicant:24.8    (1) is at least 18 years of age;24.9    (2) is of good moral character;24.10    (3) has completed a master's or doctoral degree program in counseling or a related 24.11field, as determined by the board based on the criteria in paragraph (b), that includes a 24.12minimum of 48 semester hours or 72 quarter hours and a supervised field experience of 24.13not fewer than 700 hours that is counseling in nature;24.14    (4) has submitted to the board a plan for supervision during the first 2,000 hours 24.15of professional practice or has submitted proof of supervised professional practice that 24.16is acceptable to the board; and24.17    (5) has demonstrated competence in professional counseling by passing the National 24.18Counseling Exam (NCE) administered by the National Board for Certified Counselors, 24.19Inc. (NBCC) or an equivalent national examination as determined by the board, and 24.20ethical, oral, and situational examinations if prescribed by the board.24.21    (b) The degree described in paragraph (a), clause (3), must be from a counseling 24.22program recognized by the Council for Accreditation of Counseling and Related Education 24.23Programs (CACREP) or from an institution of higher education that is accredited by 24.24a regional accrediting organization recognized by the Council for Higher Education 24.25Accreditation (CHEA). Except as provided in paragraph (e), Specific academic course 24.26content and training must include course workcourse work in each of the following 24.27subject areas:24.28    (1) the helping relationship, including counseling theory and practice;24.29    (2) human growth and development;24.30    (3) lifestyle and career development;24.31    (4) group dynamics, processes, counseling, and consulting;24.32    (5) assessment and appraisal;24.33    (6) social and cultural foundations, including multicultural issues;24.34    (7) principles of etiology, treatment planning, and prevention of mental and 24.35emotional disorders and dysfunctional behavior;25.1    (8) family counseling and therapy;25.2    (9) research and evaluation; and25.3    (10) professional counseling orientation and ethics.25.4    (c) To be licensed as a professional counselor, a psychological practitioner licensed 25.5under section 
         148.908 need only show evidence of licensure under that section and is not 25.6required to comply with paragraph (a), clauses (1) to (3) and (5), or paragraph (b).25.7    (d) To be licensed as a professional counselor, a Minnesota licensed psychologist 25.8need only show evidence of licensure from the Minnesota Board of Psychology and is not 25.9required to comply with paragraph (a) or (b).25.10    (e) If the degree described in paragraph (a), clause (3), is from a counseling program 25.11recognized by the Council for Accreditation of Counseling and Related Education 25.12Programs (CACREP), the applicant is deemed to have met the specific course work 25.13requirements of paragraph (b).25.14    Sec. 40. Minnesota Statutes 2006, section 148B.53, subdivision 3, is amended to read:25.15    Subd. 3. Fee. Nonrefundable fees are as follows:25.16    (1) initial license application fee for licensed professional counseling (LPC) - $25025.17$150;25.18    (2) initial license fee for LPC - $250;25.19    (3) annual active license renewal fee for LPC - $200 $250 or equivalent;25.20    (3)(4) annual inactive license renewal fee for LPC - $100 $125;25.21    (5) initial license application fee for licensed professional clinical counseling 25.22(LPCC) - $150;25.23    (6) initial license fee for LPCC - $250;25.24    (7) annual active license renewal fee for LPCC - $250 or equivalent;25.25    (8) annual inactive license renewal fee for LPCC - $125;25.26    (4)(9)  license renewal late fee - $100 per month or portion thereof;25.27    (5)(10) copy of board order or stipulation - $10;25.28    (6)(11) certificate of good standing or license verification - $10 $25;25.29    (7)(12) duplicate certificate fee - $10 $25;25.30    (8)(13) professional firm renewal fee - $25;25.31    (9)(14) sponsor application for approval of a continuing education course - $60;25.32    (15) initial registration fee - $50; and25.33    (10)(16) annual registration renewal fee - $25; and25.34    (17) approved supervisor application processing fee - $30.26.1    Sec. 41. [148B.5301] REQUIREMENTS FOR LICENSURE AS A LICENSED 26.2PROFESSIONAL CLINICAL COUNSELOR.26.3    Subdivision 1.General requirements.(a) To be licensed as a licensed professional 26.4clinical counselor (LPCC), an applicant must provide satisfactory evidence to the board 26.5that the applicant:26.6    (1) is at least 18 years of age;26.7    (2) is of good moral character;26.8    (3) has completed a masters or doctoral degree program in counseling or a 26.9related field, as determined by the board based on the criteria in items (i) to (x), that 26.10includes a minimum of 48 semester hours or 72 quarter hours and a supervised field 26.11experience in counseling that is not fewer than 700 hours. The degree must be from 26.12a counseling program recognized by the Council for Accreditation of Counseling and 26.13Related Education Programs (CACREP) or from an institution of higher education that is 26.14accredited by a regional accrediting organization recognized by the Council for Higher 26.15Education Accreditation (CHEA). Specific academic course content and training must 26.16include coursework in each of the following subject areas:26.17    (i) helping relationship, including counseling theory and practice;26.18    (ii) human growth and development;26.19    (iii) lifestyle and career development;26.20    (iv) group dynamics, processes, counseling, and consulting;26.21    (v) assessment and appraisal;26.22    (vi) social and cultural foundations, including multicultural issues;26.23    (vii) principles of etiology, treatment planning, and prevention of mental and 26.24emotional disorders and dysfunctional behavior;26.25    (viii) family counseling and therapy;26.26    (ix) research and evaluation; and26.27    (x) professional counseling orientation and ethics;26.28    (4) has demonstrated competence in professional counseling by passing the National 26.29Clinical Mental Health Counseling Examination (NCMHCE), administered by the 26.30National Board for Certified Counselors, Inc. (NBCC) and ethical, oral, and situational 26.31examinations as prescribed by the board. In lieu of the NCMHCE, applicants who have 26.32taken and passed the National Counselor Examination (NCE) administered by the NBCC, 26.33or another board-approved examination, need only take and pass the Examination of 26.34Clinical Counseling Practice (ECCP) administered by the NBCC;26.35    (5) has earned graduate-level semester credits or quarter-credit equivalents in the 26.36following clinical content areas as follows:27.1    (i) six credits in diagnostic assessment for child or adult mental disorders; normative 27.2development; and psychopathology, including developmental psychopathology;27.3    (ii) three credits in clinical treatment planning, with measurable goals;27.4    (iii) six credits in clinical intervention methods informed by research evidence and 27.5community standards of practice;27.6    (iv) three credits in evaluation methodologies regarding the effectiveness of 27.7interventions;27.8    (v) three credits in professional ethics applied to clinical practice; and27.9    (vi) three credits in cultural diversity; and27.10    (6) has demonstrated successful completion of 4,000 hours of supervised, 27.11postmasters degree professional practice in the delivery of clinical services in the 27.12diagnosis and treatment of child and adult mental illnesses and disorders, conducted 27.13according to subdivision 2.27.14    (b) If coursework in paragraph (a) was not completed as part of the degree program 27.15required by paragraph (a), clause (3), the coursework must be taken and passed for credit, 27.16and must be earned from a counseling program or institution that meets the requirements 27.17of paragraph (a), clause (3).27.18    Subd. 2.Supervision.(a) To qualify as a LPCC, an applicant must have completed 27.194,000 hours of postmasters degree supervised professional practice in the delivery of 27.20clinical services in the diagnosis and treatment of mental illnesses and disorders in 27.21both children and adults. The supervised practice shall be conducted according to the 27.22requirements in paragraphs (b) to (e).27.23    (b) The supervision must have been received under a contract that defines clinical 27.24practice and supervision from a mental health professional as defined in section 245.462, 27.25subdivision 18, clauses (1) to (6), or section 245.4871, subdivision 27, clauses (1) to (6), 27.26or by a board-approved supervisor, who has at least two years of postlicensure experience 27.27in the delivery of clinical services in the diagnosis and treatment of mental illnesses and 27.28disorders.27.29    (c) The supervision must be obtained at the rate of two hours of supervision per 40 27.30hours of professional practice. The supervision must be evenly distributed over the course 27.31of the supervised professional practice. At least 75 percent of the required supervision 27.32hours must be received in person. The remaining 25 percent of the required hours may be 27.33received by telephone or by audio or audiovisual electronic device. At least 50 percent of 27.34the required hours of supervision must be received on an individual basis. The remaining 27.3550 percent may be received in a group setting.28.1    (d) The supervised practice must include at least 1,800 hours of clinical client 28.2contact.28.3    (e) The supervised practice must be clinical practice. Supervision includes the 28.4observation by the supervisor of the successful application of professional counseling 28.5knowledge, skills, and values in the differential diagnosis and treatment of psychosocial 28.6function, disability, or impairment, including addictions and emotional, mental, and 28.7behavioral disorders.28.8    Subd. 3.Conversion from licensed professional counselor to licensed clinical 28.9counselor.(a) Until August 1, 2011, an individual currently licensed in the state of 28.10Minnesota as a licensed professional counselor may convert to a LPCC by providing 28.11evidence satisfactory to the board that the applicant has met the following requirements:28.12    (1) is at least 18 years of age;28.13    (2) is of good moral character;28.14    (3) has a license that is active and in good standing;28.15    (4) has no complaints pending, uncompleted disciplinary orders, or corrective 28.16action agreements;28.17    (5) has completed a masters or doctoral degree program in counseling or a related 28.18field, as determined by the board, and whose degree was from a counseling program 28.19recognized by CACREP or from an institution of higher education that is accredited by a 28.20regional accrediting organization recognized by CHEA;28.21    (6) has earned 24 graduate-level semester credits or quarter-credit equivalents in 28.22clinical coursework which includes content in the following clinical areas:28.23    (i) diagnostic assessment for child and adult mental disorders; normative 28.24development; and psychopathology, including developmental psychopathology;28.25    (ii) clinical treatment planning, with measurable goals;28.26    (iii) clinical intervention methods informed by research evidence and community 28.27standards of practice;28.28    (iv) evaluation methodologies regarding the effectiveness of interventions;28.29    (v) professional ethics applied to clinical practice; and28.30    (vi) cultural diversity;28.31    (7) has demonstrated, to the satisfaction of the board, successful completion of 28.324,000 hours of supervised, postmasters degree professional practice in the delivery of 28.33clinical services in the diagnosis and treatment of child and adult mental illnesses and 28.34disorders; and28.35    (8) has paid the LPCC application and licensure fees required in section 148B.53, 28.36subdivision 3.29.1    (b) If the coursework in paragraph (a) was not completed as part of the degree 29.2program required by paragraph (a), clause (5), the coursework must be taken and passed 29.3for credit, and must be earned from a counseling program or institution that meets the 29.4requirements in paragraph (a), clause (5).29.5    (c) This subdivision expires August 1, 2011.29.6    Subd. 4.Conversion to licensed professional clinical counselor after August 1, 29.72011.An individual licensed in the state of Minnesota as a licensed professional counselor 29.8may convert to a LPCC by providing evidence satisfactory to the board that the applicant 29.9has met the requirements of subdivisions 1 and 2, subject to the following:29.10    (1) the individual's license must be active and in good standing;29.11    (2) the individual must not have any complaints pending, uncompleted disciplinary 29.12orders, or corrective action agreements; and29.13    (3) the individual has paid the LPCC application and licensure fees required in 29.14section 148B.53, subdivision 3.29.15    Subd. 5.Scope of practice.The scope of practice of a LPCC shall include all 29.16those services provided by mental health professionals as defined in section 245.462, 29.17subdivision 18, and section 245.4871, subdivision 27.29.18    Subd. 6.Jurisdiction.LPCC's are subject to the board's statutes and rules to the 29.19same extent as licensed professional counselors.29.20    Sec. 42. [148B.532] DEGREES FROM FOREIGN INSTITUTIONS.29.21    Subdivision 1.Scope and documentation.In addition to meeting all other licensure 29.22requirements, an applicant for licensure whose degree was received from a foreign degree 29.23program that is not recognized by the Council for Accreditation of Counseling and Related 29.24Education Programs (CACREP) or from a foreign institution of higher education that is 29.25not accredited by a regional accrediting organization recognized by the Council for Higher 29.26Education Accreditation (CHEA) must fulfill the requirements of this section, providing 29.27certified English translations of board-required relevant documentation.29.28    Subd. 2.Education evaluation.An applicant for licensure as a licensed 29.29professional counselor must present evidence of completion of a degree equivalent to 29.30that required in section 148B.53, subdivision 1, paragraphs (a), clause (3); and (b). This 29.31evidence will be evaluated by the board with the assistance of a credentials evaluation 29.32service familiar with educational standards and professional qualification. The evaluation 29.33must be sent directly to the board from the evaluating agency. Agencies providing 29.34evaluation services must be accepted by the National Board for Certified Counselors, Inc. 29.35The applicant shall be responsible for the expenses incurred as a result of the evaluation.30.1    Sec. 43. Minnesota Statutes 2006, section 148C.12, is amended by adding a 30.2subdivision to read:30.3    Subd. 12.Sponsor application fee.The fee for sponsor application for approval 30.4of a continuing education course is $60.30.5    Sec. 44. Minnesota Statutes 2006, section 148C.12, is amended by adding a 30.6subdivision to read:30.7    Subd. 13.Order or stipulation fee.The fee for a copy of a board order or 30.8stipulation is $10.30.9    Sec. 45. Minnesota Statutes 2006, section 148C.12, is amended by adding a 30.10subdivision to read:30.11    Subd. 14.Duplicate certificate fee.The fee for a duplicate certificate is $25.30.12    Sec. 46. Minnesota Statutes 2006, section 148C.12, is amended by adding a 30.13subdivision to read:30.14    Subd. 15.Supervisor application processing fee.The fee for licensure supervisor 30.15application processing is $30.30.16    Sec. 47. Minnesota Statutes 2006, section 148D.050, subdivision 1, is amended to read:30.17    Subdivision 1. Requirements.The practice of social work A person licensed under 30.18section 148D.055 or 148D.061 must comply with the requirements of subdivision 2, 30.193, 4, or 5.30.20    Sec. 48. Minnesota Statutes 2006, section 148D.055, subdivision 2, is amended to read:30.21    Subd. 2. Qualifications for licensure by examination as a licensed social worker.30.22    (a) Except as provided in paragraph (i), To be licensed as a licensed social worker, an 30.23applicant for licensure by examination must provide evidence satisfactory to the board 30.24that the applicant:30.25    (1) has received a baccalaureate degree in social work from a program accredited by 30.26the Council on Social Work Education, the Canadian Association of Schools of Social 30.27Work, or a similar accreditation body designated by the board;30.28    (2) has passed the bachelors or equivalent examination administered by the 30.29Association of Social Work Boards or a similar examination body designated by the board. 30.30Unless an applicant applies for licensure by endorsement pursuant to subdivision 7, an 30.31examination is not valid if it was taken and passed eight or more years prior to submitting 31.1a completed, signed application form provided by the board. The examination may be 31.2taken prior to completing degree requirements;31.3    (3) has submitted a completed, signed application form provided by the board, 31.4including the applicable application fee specified in section 
         148D.180. For applications 31.5submitted electronically, a "signed application" means providing an attestation as specified 31.6by the board;31.7    (4) has submitted the criminal background check fee and a form provided by the 31.8board authorizing a criminal background check pursuant to subdivision 8;31.9    (5) has paid the applicable license fee specified in section 
         148D.180; and31.10    (6) has not engaged in conduct that was or would be in violation of the standards 31.11of practice specified in sections 
         148D.195 to 
         148D.240. If the applicant has engaged in 31.12conduct that was or would be in violation of the standards of practice, the board may take 31.13action pursuant to sections 
         148D.255 to 
         148D.270.31.14    (b) An application that is not completed and signed, or that is not accompanied by the 31.15correct fee, must be returned to the applicant, along with any fee submitted, and is void.31.16    (c) A licensee granted a license by the board pursuant to paragraph (a) must meet 31.17the supervised practice requirements specified in sections 
         148D.100 to 
         148D.125. If a 31.18licensee does not meet the supervised practice requirements, the board may take action 31.19pursuant to sections 
         148D.255 to 
         148D.270.31.20    (d) By submitting an application for licensure, an applicant authorizes the board to 31.21investigate any information provided or requested in the application. The board may 31.22request that the applicant provide additional information, verification, or documentation.31.23    (e) Within one year of the time the board receives an application for licensure, the 31.24applicant must meet all the requirements specified in paragraph (a) and must provide all of 31.25the information requested by the board pursuant to paragraph (d). If within one year the 31.26applicant does not meet all the requirements, or does not provide all of the information 31.27requested, the applicant is considered ineligible and the application for licensure must 31.28be closed.31.29    (f) Except as provided in paragraph (g), an applicant may not take more than three 31.30times the bachelors or equivalent examination administered by the Association of Social 31.31Work Boards, or a similar examination body designated by the board. An applicant must 31.32receive a passing score on the bachelors or equivalent examination administered by the 31.33Association of Social Work Boards or a similar examination body designated by the board 31.34in no more than 18 months after the date the applicant first failed the examination.31.35    (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a 31.36fourth or subsequent time, the bachelors or equivalent examination administered by the 32.1Association of Social Work Boards or a similar examination body designated by the 32.2board if the applicant:32.3    (1) meets all requirements specified in paragraphs (a) to (e) other than passing the 32.4bachelors or equivalent examination administered by the Association of Social Work 32.5Boards or a similar examination body designated by the board;32.6    (2) provides to the board a description of the efforts the applicant has made to 32.7improve the applicant's score and demonstrates to the board's satisfaction that the efforts 32.8are likely to improve the score; and32.9    (3) provides to the board letters of recommendation from two licensed social workers 32.10attesting to the applicant's ability to practice social work competently and ethically in 32.11accordance with professional social work knowledge, skills, and values.32.12    (h) An individual must not practice social work until the individual passes the 32.13examination and receives a social work license under this section or section 
         148D.060. If 32.14the board has reason to believe that an applicant may be practicing social work without a 32.15license, and the applicant has failed the bachelors or equivalent examination administered 32.16by the Association of Social Work Boards or a similar examination body designated by 32.17the board, the board may notify the applicant's employer that the applicant is not licensed 32.18as a social worker.32.19    (i) An applicant who was born in a foreign country, who has taken and failed to 32.20pass the examination specified in paragraph (a), clause (2), at least once since January 32.211, 2000, and for whom English is a second language, is eligible for licensure as a social 32.22worker if the applicant:32.23    (1) provides evidence to the board of compliance with the requirements in paragraph 32.24(a), clauses (1) and (3) to (6), and in paragraphs (b) to (e) and (h); and32.25    (2) provides to the board letters of recommendation and experience ratings from two 32.26licensed social workers and one professor from the applicant's social work program who 32.27can attest to the applicant's competence.32.28This paragraph expires August 1, 2007.32.29    Sec. 49. Minnesota Statutes 2006, section 148D.055, subdivision 3, is amended to read:32.30    Subd. 3. Qualifications for licensure by examination as licensed graduate 32.31social worker. (a) Except as provided in paragraph (i), To be licensed as a licensed 32.32graduate social worker, an applicant for licensure by examination must provide evidence 32.33satisfactory to the board that the applicant:33.1    (1) has received a graduate degree in social work from a program accredited by the 33.2Council on Social Work Education, the Canadian Association of Schools of Social Work, 33.3or a similar accreditation body designated by the board;33.4    (2) has passed the masters or equivalent examination administered by the Association 33.5of Social Work Boards or a similar examination body designated by the board. Unless an 33.6applicant applies for licensure by endorsement pursuant to section 
         148D.055, subdivision 33.77
         , an examination is not valid if it was taken and passed eight or more years prior to 33.8submitting a completed, signed application form provided by the board. The examination 33.9may be taken prior to completing degree requirements;33.10    (3) has submitted a completed, signed application form provided by the board, 33.11including the applicable application fee specified in section 
         148D.180. For applications 33.12submitted electronically, a "signed application" means providing an attestation as specified 33.13by the board;33.14    (4) has submitted the criminal background check fee and a form provided by the 33.15board authorizing a criminal background check pursuant to subdivision 8;33.16    (5) has paid the applicable license fee specified in section 
         148D.180; and33.17    (6) has not engaged in conduct that was or would be in violation of the standards 33.18of practice specified in sections 
         148D.195 to 
         148D.240. If the applicant has engaged in 33.19conduct that was or would be in violation of the standards of practice, the board may take 33.20action pursuant to sections 
         148D.255 to 
         148D.270.33.21    (b) An application which is not completed and signed, or which is not accompanied 33.22by the correct fee, must be returned to the applicant, along with any fee submitted, and is 33.23void.33.24    (c) A licensee granted a license by the board pursuant to paragraph (a) must meet 33.25the supervised practice requirements specified in sections 
         148D.100 to 
         148D.125. If a 33.26licensee does not meet the supervised practice requirements, the board may take action 33.27pursuant to sections 
         148D.255 to 
         148D.270.33.28    (d) By submitting an application for licensure, an applicant authorizes the board to 33.29investigate any information provided or requested in the application. The board may 33.30request that the applicant provide additional information, verification, or documentation.33.31    (e) Within one year of the time the board receives an application for licensure, the 33.32applicant must meet all the requirements specified in paragraph (a) and must provide all of 33.33the information requested by the board pursuant to paragraph (d). If within one year the 33.34applicant does not meet all the requirements, or does not provide all of the information 33.35requested, the applicant is considered ineligible and the application for licensure must 33.36be closed.34.1    (f) Except as provided in paragraph (g), an applicant may not take more than three 34.2times the masters or equivalent examination administered by the Association of Social 34.3Work Boards or a similar examination body designated by the board. An applicant must 34.4receive a passing score on the masters or equivalent examination administered by the 34.5Association of Social Work Boards or a similar examination body designated by the board 34.6in no more than 18 months after the date the applicant first failed the examination.34.7    (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a 34.8fourth or subsequent time, the masters or equivalent examination administered by the 34.9Association of Social Work Boards or a similar examination body designated by the 34.10board if the applicant:34.11    (1) meets all requirements specified in paragraphs (a) to (e) other than passing the 34.12masters or equivalent examination administered by the Association of Social Work boards 34.13or a similar examination body designated by the board;34.14    (2) provides to the board a description of the efforts the applicant has made to 34.15improve the applicant's score and demonstrates to the board's satisfaction that the efforts 34.16are likely to improve the score; and34.17    (3) provides to the board letters of recommendation from two licensed social workers 34.18attesting to the applicant's ability to practice social work competently and ethically in 34.19accordance with professional social work knowledge, skills, and values.34.20    (h) An individual must not practice social work until the individual passes the 34.21examination and receives a social work license under this section or section 
         148D.060. If 34.22the board has reason to believe that an applicant may be practicing social work without a 34.23license, and the applicant has failed the masters or equivalent examination administered 34.24by the Association of Social Work Boards or a similar examination body designated by 34.25the board, the board may notify the applicant's employer that the applicant is not licensed 34.26as a social worker.34.27    (i) An applicant who was born in a foreign country, who has taken and failed to 34.28pass the examination specified in paragraph (a), clause (2), at least once since January 34.291, 2000, and for whom English is a second language, is eligible for licensure as a social 34.30worker if the applicant:34.31    (1) provides evidence to the board of compliance with the requirements in paragraph 34.32(a), clauses (1) and (3) to (6), and in paragraphs (b) to (e) and (h); and34.33    (2) provides to the board letters of recommendation and experience ratings from two 34.34licensed social workers and one professor from the applicant's social work program who 34.35can attest to the applicant's competence.34.36This paragraph expires August 1, 2007.35.1    Sec. 50. Minnesota Statutes 2006, section 148D.055, subdivision 4, is amended to read:35.2    Subd. 4. Licensure by examination; licensed independent social worker. (a) 35.3Except as provided in paragraph (i), To be licensed as a licensed independent social 35.4worker, an applicant for licensure by examination must provide evidence satisfactory 35.5to the board that the applicant:35.6    (1) has received a graduate degree in social work from a program accredited by the 35.7Council on Social Work Education, the Canadian Association of Schools of Social Work, 35.8or a similar accreditation body designated by the board;35.9    (2) has practiced social work as defined in section 
         148D.010, and has met the 35.10supervised practice requirements specified in sections 
         148D.100 to 
         148D.125;35.11    (3) has passed the advanced generalist or equivalent examination administered by 35.12the Association of Social Work Boards or a similar examination body designated by the 35.13board. Unless an applicant applies for licensure by endorsement pursuant to subdivision 35.147, an examination is not valid if it was taken and passed eight or more years prior to 35.15submitting a completed, signed application form provided by the board;35.16    (4) has submitted a completed, signed application form provided by the board, 35.17including the applicable application fee specified in section 
         148D.180. For applications 35.18submitted electronically, a "signed application" means providing an attestation as specified 35.19by the board;35.20    (5) has submitted the criminal background check fee and a form provided by the 35.21board authorizing a criminal background check pursuant to subdivision 8;35.22    (6) has paid the applicable license fee specified in section 
         148D.180; and35.23    (7) has not engaged in conduct that was or would be in violation of the standards 35.24of practice specified in sections 
         148D.195 to 
         148D.240. If the applicant has engaged in 35.25conduct that was or would be in violation of the standards of practice, the board may take 35.26action pursuant to sections 
         148D.255 to 
         148D.270.35.27    (b) An application which is not completed and signed, or which is not accompanied 35.28by the correct fee, must be returned to the applicant, along with any fee submitted, and is 35.29void.35.30    (c) A licensed independent social worker who practices clinical social work must 35.31meet the supervised practice requirements specified in sections 
         148D.100 to 
         148D.125. If 35.32a licensee does not meet the supervised practice requirements, the board may take action 35.33pursuant to sections 
         148D.255 to 
         148D.270.35.34    (d) By submitting an application for licensure, an applicant authorizes the board to 35.35investigate any information provided or requested in the application. The board may 35.36request that the applicant provide additional information, verification, or documentation.36.1    (e) Within one year of the time the board receives an application for licensure, the 36.2applicant must meet all the requirements specified in paragraph (a) and must provide all of 36.3the information requested by the board pursuant to paragraph (d). If within one year the 36.4applicant does not meet all the requirements, or does not provide all of the information 36.5requested, the applicant is considered ineligible and the application for licensure must 36.6be closed.36.7    (f) Except as provided in paragraph (g), an applicant may not take more than 36.8three times the advanced generalist or equivalent examination administered by the 36.9Association of Social Work Boards or a similar examination body designated by the 36.10board. An applicant must receive a passing score on the masters or equivalent examination 36.11administered by the Association of Social Work Boards or a similar examination body 36.12designated by the board in no more than 18 months after the first time the applicant failed 36.13the examination.36.14    (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a 36.15fourth or subsequent time, the advanced generalist or equivalent examination administered 36.16by the Association of Social Work Boards or a similar examination body designated by 36.17the board if the applicant:36.18    (1) meets all requirements specified in paragraphs (a) to (e) other than passing the 36.19advanced generalist or equivalent examination administered by the Association of Social 36.20Work Boards or a similar examination body designated by the board;36.21    (2) provides to the board a description of the efforts the applicant has made to 36.22improve the applicant's score and demonstrates to the board's satisfaction that the efforts 36.23are likely to improve the score; and36.24    (3) provides to the board letters of recommendation from two licensed social workers 36.25attesting to the applicant's ability to practice social work competently and ethically in 36.26accordance with professional social work knowledge, skills, and values.36.27    (h) An individual must not practice social work until the individual passes the 36.28examination and receives a social work license under this section or section 
         148D.060. If 36.29the board has reason to believe that an applicant may be practicing social work without a 36.30license, except as provided in section 
         148D.065, and the applicant has failed the advanced 36.31generalist or equivalent examination administered by the Association of Social Work 36.32Boards or a similar examination body designated by the board, the board may notify the 36.33applicant's employer that the applicant is not licensed as a social worker.36.34    (i) An applicant who was born in a foreign country, who has taken and failed to 36.35pass the examination specified in paragraph (a), clause (3), at least once since January 37.11, 2000, and for whom English is a second language, is eligible for licensure as a social 37.2worker if the applicant:37.3    (1) provides evidence to the board of compliance with the requirements in paragraph 37.4(a), clauses (1), (2), and (4) to (7), and in paragraphs (b) to (e) and (h); and37.5    (2) provides to the board letters of recommendation and experience ratings from two 37.6licensed social workers and one professor from the applicant's social work program who 37.7can attest to the applicant's competence.37.8This paragraph expires August 1, 2007.37.9    Sec. 51. Minnesota Statutes 2006, section 148D.055, subdivision 5, is amended to read:37.10    Subd. 5. Licensure by examination; licensed independent clinical social worker.37.11    (a) Except as provided in paragraph (h), To be licensed as a licensed independent 37.12clinical social worker, an applicant for licensure by examination must provide evidence 37.13satisfactory to the board that the applicant:37.14    (1) has received a graduate degree in social work from a program accredited by the 37.15Council on Social Work Education, the Canadian Association of Schools of Social Work, 37.16or a similar accreditation body designated by the board;37.17    (2) has practiced clinical social work as defined in section 
         148D.010, including both 37.18diagnosis and treatment, and has met the supervised practice requirements specified in 37.19sections 
         148D.100 to 
         148D.125;37.20    (3) has passed the clinical or equivalent examination administered by the Association 37.21of Social Work Boards or a similar examination body designated by the board. Unless an 37.22applicant applies for licensure by endorsement pursuant to subdivision 7, an examination 37.23is not valid if it was taken and passed eight or more years prior to submitting a completed, 37.24signed application form provided by the board;37.25    (4) has submitted a completed, signed application form provided by the board, 37.26including the applicable application fee specified in section 
         148D.180. For applications 37.27submitted electronically, a "signed application" means providing an attestation as specified 37.28by the board;37.29    (5) has submitted the criminal background check fee and a form provided by the 37.30board authorizing a criminal background check pursuant to subdivision 8;37.31    (6) has paid the license fee specified in section 
         148D.180; and37.32    (7) has not engaged in conduct that was or would be in violation of the standards 37.33of practice specified in sections 
         148D.195 to 
         148D.240. If the applicant has engaged in 37.34conduct that was or would be in violation of the standards of practice, the board may take 37.35action pursuant to sections 
         148D.255 to 
         148D.270.38.1    (b) An application which is not completed and signed, or which is not accompanied 38.2by the correct fee, must be returned to the applicant, along with any fee submitted, and is 38.3void.38.4    (c) By submitting an application for licensure, an applicant authorizes the board to 38.5investigate any information provided or requested in the application. The board may 38.6request that the applicant provide additional information, verification, or documentation.38.7    (d) Within one year of the time the board receives an application for licensure, the 38.8applicant must meet all the requirements specified in paragraph (a) and must provide all of 38.9the information requested by the board pursuant to paragraph (c). If within one year the 38.10applicant does not meet all the requirements, or does not provide all of the information 38.11requested, the applicant is considered ineligible and the application for licensure must 38.12be closed.38.13    (e) Except as provided in paragraph (f), an applicant may not take more than three 38.14times the clinical or equivalent examination administered by the Association of Social 38.15Work Boards or a similar examination body designated by the board. An applicant must 38.16receive a passing score on the clinical or equivalent examination administered by the 38.17Association of Social Work Boards or a similar examination body designated by the board 38.18no later than 18 months after the first time the applicant failed the examination.38.19    (f) Notwithstanding paragraph (e), the board may allow an applicant to take, for a 38.20fourth or subsequent time, the clinical or equivalent examination administered by the 38.21Association of Social Work Boards or a similar examination body designated by the 38.22board if the applicant:38.23    (1) meets all requirements specified in paragraphs (a) to (d) other than passing the 38.24clinical or equivalent examination administered by the Association of Social Work Boards 38.25or a similar examination body designated by the board;38.26    (2) provides to the board a description of the efforts the applicant has made to 38.27improve the applicant's score and demonstrates to the board's satisfaction that the efforts 38.28are likely to improve the score; and38.29    (3) provides to the board letters of recommendation from two licensed social workers 38.30attesting to the applicant's ability to practice social work competently and ethically in 38.31accordance with professional social work knowledge, skills, and values.38.32    (g) An individual must not practice social work until the individual passes the 38.33examination and receives a social work license under this section or section 
         148D.060. If 38.34the board has reason to believe that an applicant may be practicing social work without a 38.35license, and the applicant has failed the clinical or equivalent examination administered 38.36by the Association of Social Work Boards or a similar examination body designated by 39.1the board, the board may notify the applicant's employer that the applicant is not licensed 39.2as a social worker.39.3    (h) An applicant who was born in a foreign country, who has taken and failed to 39.4pass the examination specified in paragraph (a), clause (3), at least once since January 39.51, 2000, and for whom English is a second language, is eligible for licensure as a social 39.6worker if the applicant:39.7    (1) provides evidence to the board of compliance with the requirements in paragraph 39.8(a), clauses (1), (2), and (4) to (7), and paragraphs (b) to (d) and (g); and39.9    (2) provides to the board letters of recommendation and experience ratings from two 39.10licensed social workers and one professor from the applicant's social work program who 39.11can attest to the applicant's competence.39.12This paragraph expires August 1, 2007.39.13    Sec. 52. Minnesota Statutes 2006, section 148D.055, is amended by adding a 39.14subdivision to read:39.15    Subd. 7a.Provisional licensure.An applicant for provisional licensure must meet 39.16the license requirements in subdivisions 2 to 8, except the applicant does not have to 39.17pass an examination administered by the Association of Social Work Boards or a similar 39.18examination body designated by the board.39.19    Sec. 53. Minnesota Statutes 2006, section 148D.060, is amended by adding a 39.20subdivision to read:39.21    Subd. 2a.Programs in candidacy status.The board may issue a temporary 39.22license to practice social work to an applicant who has completed the requirements for a 39.23baccalaureate or graduate degree in social work from a program in candidacy status with 39.24the Council on Social Work Education, the Canadian Association of Schools of Social 39.25Work, or a similar accreditation body designated by the board, and has:39.26    (1) applied for a license under section 148D.055;39.27    (2) applied for a temporary license on a form provided by the board;39.28    (3) submitted a form provided by the board authorizing the board to complete a 39.29criminal background check;39.30    (4) passed the applicable licensure examination provided for in section 148D.055; 39.31and 39.32    (5) not engaged in conduct that is in violation of the standards of practice specified 39.33in sections 148D.195 to 148D.240. If the applicant has engaged in conduct that is in 40.1violation of the standards of practice, the board may take action according to sections 40.2148D.255 to 148D.270.40.3    Sec. 54. Minnesota Statutes 2006, section 148D.060, subdivision 5, is amended to read:40.4    Subd. 5. Temporary license term. (a) A temporary license is valid until expiration, 40.5or until the board issues or denies the license pursuant to section 
         148D.055, or until the 40.6board revokes the temporary license, whichever comes first. A temporary license is 40.7nonrenewable.40.8    (b) A temporary license issued pursuant to subdivision 1 or 2 expires after six 40.9months.40.10    (c) A temporary license issued pursuant to subdivision 2a expires after 12 months 40.11but may be extended at the board's discretion upon a showing that the social work program 40.12remains in good standing with the Council on Social Work Education, the Canadian 40.13Association of Schools of Social Work, or a similar accreditation body designated by 40.14the board. If the board receives notice from the Council on Social Work Education, 40.15the Canadian Association of Schools of Social Work, or a similar accreditation body 40.16designated by the board that the social work program is not in good standing, or that 40.17the accreditation will not be granted to the social work program, the temporary license 40.18is immediately revoked.40.19    (c)(d) A temporary license issued pursuant to subdivision 32a expires after 12 40.20months.40.21    Sec. 55. Minnesota Statutes 2006, section 148D.060, subdivision 6, is amended to read:40.22    Subd. 6. Licensee with temporary license; baccalaureate degree. A licensee 40.23with a temporary license who has provided evidence to the board that the licensee has 40.24completed the requirements for a baccalaureate degree in social work from a program 40.25accredited by, or in candidacy status with, the Council on Social Work Education, 40.26the Canadian Association of Schools of Social Work, or a similar accreditation body 40.27designated by the board may temporarily engage in social work practice except that a 40.28licensee with a temporary license may not engage in clinical social work practice.40.29    Sec. 56. Minnesota Statutes 2006, section 148D.060, subdivision 7, is amended to read:40.30    Subd. 7. Licensee with temporary license; graduate degree. A licensee with a 40.31temporary license who has provided evidence to the board that the licensee has completed 40.32the requirements for a graduate degree in social work from a program accredited by, or in 40.33candidacy status with, the Council on Social Work Education, the Canadian Association 41.1of Schools of Social Work, or a similar accreditation body designated by the board may 41.2temporarily engage in social work practice, including clinical practice.41.3    Sec. 57. Minnesota Statutes 2006, section 148D.060, subdivision 13, is amended to 41.4read:41.5    Subd. 13. Revocation of temporary license. The board may immediately revoke 41.6the temporary license of any licensee who violates any requirements of this section. The 41.7revocation must be made for cause, without notice or opportunity to be heard. A licensee 41.8whose temporary license is revoked must immediately return the temporary license to 41.9the board.41.10    Sec. 58. [148D.061] PROVISIONAL LICENSES.41.11    Subdivision 1.Requirements for a provisional license.An applicant may be 41.12issued a provisional license if the applicant:41.13    (1) was born in a foreign country;41.14    (2) communicates in English as a second language;41.15    (3) has failed the Association of Social Work Boards examination a second time in 41.16no more than 12 months after the date the applicant first failed the examination;41.17    (4) has met all other requirements for licensure; and41.18    (5) complies with the requirements of subdivisions 2 to 7.41.19    Subd. 2.License term.(a) A provisional license is valid until expiration, or until 41.20the board issues or denies a license under section 148D.055, or until the board revokes the 41.21provisional license, whichever occurs first.41.22    (b) A provisional license expires three years after the effective date of the license.41.23    Subd. 3.Scope of practice.A licensee who is issued a provisional license must 41.24comply with the requirements of section 148D.050.41.25    Subd. 4.Fee.A licensee who is issued a provisional license must pay the 41.26appropriate license fee specified in section 148D.180.41.27    Subd. 5.Supervised practice requirements.A licensee who is issued a provisional 41.28license must document supervised practice as provided in section 148D.062. If a licensee 41.29issued a provisional license is granted a license under section 148D.055, the licensee 41.30must also meet the supervised practice requirements in sections 148D.100 to 148D.115. 41.31The supervised practice completed under a provisional license does not apply to this 41.32requirement.41.33    Subd. 6.Evaluation by supervisor.(a) After being issued a provisional license 41.34under subdivision 1, the licensee must submit an evaluation by the licensee's supervisor 42.1every six months during the first 2,000 hours of social work practice. The evaluation must 42.2meet the requirements in section 148D.063. The supervisor must meet the eligibility 42.3requirements specified in section 148D.062.42.4    (b) After completion of 2,000 hours of supervised social work practice, the licensee's 42.5supervisor must submit a final evaluation and attest to the applicant's ability to engage in 42.6the practice of social work safely and competently.42.7    Subd. 7.Completion of requirements.Upon completion of the requirements for 42.8a provisional license under subdivisions 1 to 6, an applicant shall not practice social 42.9work in Minnesota except as provided in section 148D.065, unless licensed according to 42.10section 148D.055.42.11    Subd. 8.Disciplinary or other action.The board may take action according to 42.12sections 148D.260 to 148D.270 if:42.13    (1) the licensee's supervisor does not submit an evaluation as required by section 42.14148D.062;42.15    (2) an evaluation submitted according to section 148D.062 indicates that the licensee 42.16cannot practice social work competently and safely; or42.17    (3) the licensee does not comply with the requirements of subdivisions 1 to 7.42.18    Subd. 9.Revocation of provisional license.The board may immediately revoke 42.19the provisional license of a licensee who violates any requirements of this section. The 42.20revocation must be made for cause. A licensee whose provisional license is revoked must 42.21immediately return the provisional license to the board.42.22    Sec. 59. [148D.062] PROVISIONAL LICENSE; SUPERVISED PRACTICE.42.23    Subdivision 1.Supervision required after licensure.After receiving a provisional 42.24license from the board, the licensee must obtain at least 37.5 hours of supervision 42.25according to the requirements of this section.42.26    Subd. 2.Practice requirements.The supervision required by subdivision 1 must 42.27be obtained during the first 2,000 hours of social work practice after the effective date 42.28of the provisional license. At least three hours of supervision must be obtained during 42.29every 160 hours of practice.42.30    Subd. 3.Types of supervision.(a) Twenty-five hours of supervision required by 42.31subdivision 1 must consist of one-on-one in-person supervision.42.32    (b) Twelve and one-half hours of supervision must consist of one or more of the 42.33following types of supervision:42.34    (1) in-person one-on-one supervision; or42.35    (2) in-person group supervision.43.1    (c) To qualify as in-person group supervision, the group must not exceed seven 43.2members including the supervisor.43.3    Subd. 4.Supervisor requirements.(a) The supervision required by subdivision 43.41 must be provided by a supervisor who meets the requirements in section 148D.120 43.5and has either:43.6    (1) 5,000 hours experience engaged in authorized social work practice; or43.7    (2) completed 30 hours of training in supervision, which may be satisfied by 43.8completing academic coursework in supervision or continuing education courses in 43.9supervision as defined in section 148D.010, subdivision 16.43.10    (b) Supervision must be provided:43.11    (1) if the supervisee is not engaged in clinical practice and the supervisee has a 43.12provisional license to practice as a licensed social worker, by a licenced social worker 43.13who has completed the supervised practice requirements;43.14    (2) if the supervisee is not engaged in clinical practice and the supervisee has a 43.15provisional license to practice as a licensed graduate social worker, licensed independent 43.16social worker, or licensed independent clinical social worker, by:43.17    (i) a licensed graduate social worker who has completed the supervised practice 43.18requirements;43.19    (ii) a licensed independent social worker; or43.20    (iii) a licensed independent clinical social worker;43.21    (3) if the supervisee is engaged in clinical practice and the supervisee has a 43.22provisional license to practice as a licensed graduate social worker, licensed independent 43.23social worker, or licensed independent clinical social worker, by a licensed independent 43.24clinical social worker; or43.25    (4) by a supervisor who meets the requirements in section 148D.120, subdivision 2.43.26    Subd. 5.Expiration.This section expires August 1, 2011.43.27    Sec. 60. [148D.063] PROVISIONAL LICENSE; DOCUMENTATION OF 43.28SUPERVISION.43.29    Subdivision 1.Supervision plan.(a) An applicant granted a provisional license 43.30must submit, on a form provided by the board, a supervision plan for meeting the 43.31supervision requirements in section 148D.062.43.32    (b) The supervision plan must be submitted no later than 30 days after the licensee 43.33begins a social work practice position.43.34    (c) The board may revoke a licensee's provisional license for failure to submit the 43.35supervision plan within 30 days after beginning a social work practice position.44.1    (d) The supervision plan must include the following:44.2    (1) the name of the supervisee, the name of the agency in which the supervisee is 44.3being supervised, and the supervisee's position title;44.4    (2) the name and qualifications of the person providing the supervision;44.5    (3) the number of hours of one-on-one in-person supervision and the number and 44.6type of additional hours of supervision to be completed by the supervisee;44.7    (4) the supervisee's position description;44.8    (5) a brief description of the supervision the supervisee will receive in the following 44.9content areas:44.10    (i) clinical practice, if applicable;44.11    (ii) development of professional social work knowledge, skills, and values;44.12    (iii) practice methods;44.13    (iv) authorized scope of practice;44.14    (v) ensuring continuing competence; and44.15    (vi) ethical standards of practice; and44.16    (6) if applicable, a detailed description of the supervisee's clinical social work 44.17practice, addressing:44.18    (i) the client population, the range of presenting issues, and the diagnoses;44.19    (ii) the clinical modalities that were utilized; and44.20    (iii) the process utilized for determining clinical diagnoses, including the diagnostic 44.21instruments used and the role of the supervisee in the diagnostic process.44.22    (e) The board must receive a revised supervision plan within 30 days of any of the 44.23following changes:44.24    (1) the supervisee has a new supervisor;44.25    (2) the supervisee begins a new social work position;44.26    (3) the scope or content of the supervisee's social work practice changes substantially;44.27    (4) the number of practice or supervision hours changes substantially; or44.28    (5) the type of supervision changes as supervision is described in section 148D.062.44.29    (f) The board may revoke a licensee's provisional license for failure to submit a 44.30revised supervision plan as required in paragraph (e).44.31    (g) The board must approve the supervisor and the supervision plan.44.32    Subd. 2.Evaluation.(a) When a supervisee submits an evaluation to the board 44.33according to section 148D.061, subdivision 6, the supervisee and supervisor must provide 44.34the following information on a form provided by the board:44.35    (1) the name of the supervisee, the name of the agency in which the supervisee is 44.36being supervised, and the supervisee's position title;45.1    (2) the name and qualifications of the supervisor;45.2    (3) the number of hours and dates of each type of supervision completed;45.3    (4) the supervisee's position description;45.4    (5) a declaration that the supervisee has not engaged in conduct in violation of the 45.5standards of practice in sections 148D.195 to 148D.240;45.6    (6) a declaration that the supervisee has practiced competently and ethically 45.7according to professional social work knowledge, skills, and values; and45.8    (7) on a form provided by the board, an evaluation of the licensee's practice in 45.9the following areas:45.10    (i) development of professional social work knowledge, skills, and values;45.11    (ii) practice methods;45.12    (iii) authorized scope of practice;45.13    (iv) ensuring continuing competence;45.14    (v) ethical standards of practice; and45.15    (vi) clinical practice, if applicable.45.16    (b) The information provided on the evaluation form must demonstrate that the 45.17supervisee has met or has made progress on meeting the applicable supervised practice 45.18requirements.45.19    Subd. 3.Alternative verification of supervised practice.Notwithstanding the 45.20requirements of subdivision 2, the board may accept alternative verification of supervised 45.21practice if a supervisee demonstrates that the supervisee is unable to locate a former 45.22supervisor to provide the required information.45.23    Sec. 61. Minnesota Statutes 2006, section 148D.120, subdivision 2, is amended to read:45.24    Subd. 2. Alternate supervisors. (a) The board may approve an alternate supervisor 45.25if:45.26    (1) the board determines that supervision is not obtainable pursuant to paragraph (b);45.27    (2) the licensee requests in the supervision plan submitted pursuant to section 45.28148D.062, subdivision 1, or 148D.125, subdivision 1, that an alternate supervisor conduct 45.29the supervision;45.30    (3) the licensee describes the proposed supervision and the name and qualifications 45.31of the proposed alternate supervisor; and45.32    (4) the requirements of paragraph (d) are met.45.33    (b) The board may determine that supervision is not obtainable if:45.34    (1) the licensee provides documentation as an attachment to the supervision plan 45.35submitted pursuant to section 148D.062, subdivision 1, or148D.125, subdivision 1, that 46.1the licensee has conducted a thorough search for a supervisor meeting the applicable 46.2licensure requirements specified in sections 
         148D.100 to 
         148D.115;46.3    (2) the licensee demonstrates to the board's satisfaction that the search was 46.4unsuccessful; and46.5    (3) the licensee describes the extent of the search and the names and locations of 46.6the persons and organizations contacted.46.7    (c) The following are not grounds for a determination that supervision is 46.8unobtainable:46.9    (1) obtaining a supervisor who meets the requirements of subdivision 1 would 46.10present the licensee with a financial hardship;46.11    (2) the licensee is unable to obtain a supervisor who meets the requirements of 46.12subdivision 1 within the licensee's agency or organization and the agency or organization 46.13will not allow outside supervision; or46.14    (3) the specialized nature of the licensee's practice requires supervision from a 46.15practitioner other than an individual licensed as a social worker.46.16    (d) An alternate supervisor must:46.17    (1) be an unlicensed social worker who is employed in, and provides the supervision 46.18in, a setting exempt from licensure by section 
         148D.065, and who has qualifications 46.19equivalent to the applicable requirements specified in sections 
         148D.100 to 
         148D.115; or46.20    (2) be a licensed marriage and family therapist or a mental health professional 46.21as established by section 
         245.462, subdivision 18, or 
         245.4871, subdivision 27, or an 46.22equivalent mental health professional, as determined by the board, who is licensed or 46.23credentialed by a state, territorial, provincial, or foreign licensing agency.46.24    In order to qualify to provide clinical supervision of a licensed graduate social 46.25worker or licensed independent social worker engaged in clinical practice, the alternate 46.26supervisor must be a mental health professional as established by section 
         245.462, 46.27subdivision 18
         , or 
         245.4871, subdivision 27, or an equivalent mental health professional, 46.28as determined by the board, who is licensed or credentialed by a state, territorial, 46.29provincial, or foreign licensing agency.46.30    Sec. 62. Minnesota Statutes 2006, section 148D.125, subdivision 1, is amended to read:46.31    Subdivision 1. Supervision plan. (a) A social worker must submit, on a form 46.32provided by the board, a supervision plan for meeting the supervision requirements 46.33specified in sections 
         148D.100 to 
         148D.120.46.34    (b) The supervision plan must be submitted no later than 90 days after the licensee 46.35begins a social work practice position after becoming licensed.47.1    (c) For failure to submit the supervision plan within 90 days after beginning a social 47.2work practice position, a licensee must pay the supervision plan late fee specified in 47.3section 
         148D.180 when the licensee applies for license renewal.47.4    (d) A license renewal application submitted pursuant to paragraph (a) section 47.5148D.070, subdivision 3, must not be approved unless the board has received a supervision 47.6plan.47.7    (e) The supervision plan must include the following:47.8    (1) the name of the supervisee, the name of the agency in which the supervisee is 47.9being supervised, and the supervisee's position title;47.10    (2) the name and qualifications of the person providing the supervision;47.11    (3) the number of hours of one-on-one in-person supervision and the number and 47.12type of additional hours of supervision to be completed by the supervisee;47.13    (4) the supervisee's position description;47.14    (5) a brief description of the supervision the supervisee will receive in the following 47.15content areas:47.16    (i) clinical practice, if applicable;47.17    (ii) development of professional social work knowledge, skills, and values;47.18    (iii) practice methods;47.19    (iv) authorized scope of practice;47.20    (v) ensuring continuing competence; and47.21    (vi) ethical standards of practice; and47.22    (6) if applicable, a detailed description of the supervisee's clinical social work 47.23practice, addressing:47.24    (i) the client population, the range of presenting issues, and the diagnoses;47.25    (ii) the clinical modalities that were utilized; and47.26    (iii) the process utilized for determining clinical diagnoses, including the diagnostic 47.27instruments used and the role of the supervisee in the diagnostic process. An applicant for 47.28licensure as a licensed professional clinical counselor must present evidence of completion 47.29of a degree equivalent to that required in section 148B.5301, subdivision 1, clause (3).47.30    (f) The board must receive a revised supervision plan within 90 days of any of the 47.31following changes:47.32    (1) the supervisee has a new supervisor;47.33    (2) the supervisee begins a new social work position;47.34    (3) the scope or content of the supervisee's social work practice changes substantially;47.35    (4) the number of practice or supervision hours changes substantially; or48.1    (5) the type of supervision changes as supervision is described in section 
         148D.100, 48.2subdivision 3
         , or 
         148D.105, subdivision 3, or as required in section 
         148D.115, subdivision 48.34
         .48.4    (g) For failure to submit a revised supervision plan as required in paragraph (f), a 48.5supervisee must pay the supervision plan late fee specified in section 
         148D.180, when 48.6the supervisee applies for license renewal.48.7    (h) The board must approve the supervisor and the supervision plan.48.8    Sec. 63. [148E.001] CITATION.48.9    This chapter may be cited as the "Minnesota Board of Social Work Practice Act."48.10    Sec. 64. [148E.010] DEFINITIONS.48.11    Subdivision 1.Scope.For the purpose of this chapter, the terms in this section 48.12have the meanings given.48.13    Subd. 2.Applicant."Applicant" means a person who submits an application to 48.14the board for a new license, a license renewal, a change in license, an inactive license, 48.15reactivation of a license, or a voluntary termination.48.16    Subd. 3.Application."Application" means an application to the board for a new 48.17license, a license renewal, a change in license, an inactive license, reactivation of a 48.18license, or voluntary termination.48.19    Subd. 4.Board."Board" means the Board of Social Work created under section 48.20148E.025.48.21    Subd. 5.Client."Client" means an individual, couple, family, group, community, or 48.22organization that receives or has received social work services as described in subdivision 48.2311.48.24    Subd. 6.Clinical practice."Clinical practice" means applying professional 48.25social work knowledge, skills, and values in the differential diagnosis and treatment of 48.26psychosocial function, disability, or impairment, including addictions and emotional, 48.27mental, and behavioral disorders. Treatment includes a plan based on a differential 48.28diagnosis. Treatment may include, but is not limited to, the provision of psychotherapy to 48.29individuals, couples, families, and groups across the life span. Clinical social workers 48.30may also provide the services described in subdivision 11.48.31    Subd. 7.Clinical supervision."Clinical supervision" means supervision as defined 48.32in subdivision 18 of a social worker engaged in clinical practice as defined in subdivision 6.48.33    Subd. 8.Graduate degree."Graduate degree" means a master's degree in social 48.34work from a program accredited by the Council on Social Work Education, the Canadian 49.1Association of Schools of Social Work, or a similar accreditation body designated by the 49.2board; or a doctorate in social work from an accredited university.49.3    Subd. 9.Intern."Intern" means a student in field placement working under the 49.4supervision or direction of a social worker.49.5    Subd. 10.Person-in-environment perspective."Person-in-environment 49.6perspective" means viewing human behavior, development, and function in the context 49.7of one or more of the following: the environment, social functioning, mental health, 49.8and physical health.49.9    Subd. 11.Practice of social work."Practice of social work" means working 49.10to maintain, restore, or improve behavioral, cognitive, emotional, mental, or social 49.11functioning of clients, in a manner that applies accepted professional social work 49.12knowledge, skills, and values, including the person-in-environment perspective, by 49.13providing in person or through telephone, video conferencing, or electronic means one or 49.14more of the social work services described in clauses (1) to (3). Social work services may 49.15address conditions that impair or limit behavioral, cognitive, emotional, mental, or social 49.16functioning. Such conditions include, but are not limited to, the following: abuse and 49.17neglect of children or vulnerable adults, addictions, developmental disorders, disabilities, 49.18discrimination, illness, injuries, poverty, and trauma. Social work services include:49.19    (1) providing assessment and intervention through direct contact with clients, 49.20developing a plan based on information from an assessment, and providing services which 49.21include, but are not limited to, assessment, case management, client-centered advocacy, 49.22client education, consultation, counseling, crisis intervention, and referral;49.23    (2) providing for the direct or indirect benefit of clients through administrative, 49.24educational, policy, or research services including, but not limited to:49.25    (i) advocating for policies, programs, or services to improve the well-being of clients;49.26    (ii) conducting research related to social work services;49.27    (iii) developing and administering programs which provide social work services;49.28    (iv) engaging in community organization to address social problems through 49.29planned collective action;49.30    (v) supervising individuals who provide social work services to clients;49.31    (vi) supervising social workers in order to comply with the supervised practice 49.32requirements specified in sections 148E.100 to 148E.125; and49.33    (vii) teaching professional social work knowledge, skills, and values to students; and49.34    (3) engaging in clinical practice.49.35    Subd. 12.Professional name."Professional name" means the name a licensed 49.36social worker uses in making representations of the social worker's professional status 50.1to the public and which has been designated to the board in writing according to section 50.2148E.090.50.3    Subd. 13.Professional social work knowledge, skills, and values."Professional 50.4social work knowledge, skills, and values" means the knowledge, skills, and values 50.5taught in programs accredited by the Council on Social Work Education, the Canadian 50.6Association of Schools of Social Work, or a similar accreditation body designated by 50.7the board; or a doctorate in social work from an accredited university. Professional 50.8social work knowledge, skills, and values include, but are not limited to, principles of 50.9person-in-environment and the values, principles, and standards described in the Code 50.10of Ethics of the National Association of Social Workers.50.11    Subd. 14.Sexual conduct."Sexual conduct" means any physical contact or 50.12conduct that may be reasonably interpreted as sexual, or any oral, written, electronic, or 50.13other communication that suggests engaging in physical contact or conduct that may be 50.14reasonably interpreted as sexual.50.15    Subd. 15.Social worker."Social worker" means an individual who:50.16    (1) is licensed as a social worker; or50.17    (2) has obtained a social work degree from a program accredited by the Council on 50.18Social Work Education, the Canadian Association of Schools of Social Work, or a similar 50.19accreditation body designated by the board and engages in the practice of social work.50.20    Subd. 16.Student."Student" means an individual who is taught professional 50.21social work knowledge, skills, and values in a program that has been accredited by the 50.22Council on Social Work Education, the Canadian Association of Schools of Social Work, 50.23or a similar accreditation body designated by the board.50.24    Subd. 17.Supervisee."Supervisee" means an individual provided evaluation and 50.25supervision or direction by a social worker.50.26    Subd. 18.Supervision."Supervision" means a professional relationship between a 50.27supervisor and a social worker in which the supervisor provides evaluation and direction 50.28of the services provided by the social worker to promote competent and ethical services 50.29to clients through the continuing development of the social worker's knowledge and 50.30application of accepted professional social work knowledge, skills, and values.50.31    Sec. 65. [148E.015] SCOPE.50.32    This chapter applies to all applicants and licensees, all persons who use the title social 50.33worker, and all persons in or out of this state who provide social work services to clients 50.34who reside in this state unless there are specific applicable exemptions provided by law.51.1    Sec. 66. [148E.020] CHAPTER 214.51.2    Chapter 214 applies to the Board of Social Work unless superseded by this chapter.51.3    Sec. 67. [148E.025] BOARD OF SOCIAL WORK.51.4    Subdivision 1.Creation.The Board of Social Work consists of 15 members 51.5appointed by the governor. The members are:51.6    (1) ten social workers licensed according to section 148E.055; and51.7    (2) five public members as defined in section 214.02.51.8    Subd. 2.Qualifications of board members.(a) All social worker members must 51.9have engaged in the practice of social work in Minnesota for at least one year during 51.10the ten years preceding their appointments.51.11    (b) Five social worker members must be licensed social workers. The other five 51.12members must be a licensed graduate social worker, a licensed independent social worker, 51.13or a licensed independent clinical social worker.51.14    (c) Eight social worker members must be engaged at the time of their appointment in 51.15the practice of social work in Minnesota in the following settings:51.16    (1) one member must be engaged in the practice of social work in a county agency;51.17    (2) one member must be engaged in the practice of social work in a state agency;51.18    (3) one member must be engaged in the practice of social work in an elementary, 51.19middle, or secondary school;51.20    (4) one member must be employed in a hospital or nursing home licensed under 51.21chapter 144 or 144A;51.22    (5) two members must be engaged in the practice of social work in a private agency;51.23    (6) one member must be engaged in the practice of social work in a clinical social 51.24work setting; and51.25    (7) one member must be an educator engaged in regular teaching duties at a 51.26program of social work accredited by the Council on Social Work Education or a similar 51.27accreditation body designated by the board.51.28    (d) At the time of their appointments, at least six members must reside outside of the 51.29seven-county metropolitan area.51.30    (e) At the time of their appointments, at least five members must be persons with 51.31expertise in communities of color.51.32    Subd. 3.Officers.The board must annually elect from its membership a chair, 51.33vice-chair, and secretary-treasurer.51.34    Subd. 4.Bylaws.The board must adopt bylaws to govern its proceedings.52.1    Subd. 5.Executive director.The board must appoint and employ an executive 52.2director who is not a member of the board. The employment of the executive director shall 52.3be subject to the terms described in section 214.04, subdivision 2a.52.4    Sec. 68. [148E.030] DUTIES OF THE BOARD.52.5    Subdivision 1.Duties.The board must perform the duties necessary to promote 52.6and protect the public health, safety, and welfare through the licensure and regulation of 52.7persons who practice social work in this state. These duties include, but are not limited to:52.8    (1) establishing the qualifications and procedures for individuals to be licensed 52.9as social workers;52.10    (2) establishing standards of practice for social workers;52.11    (3) holding examinations or contracting with the Association of Social Work Boards 52.12or a similar examination body designated by the board to hold examinations to assess 52.13applicants' qualifications;52.14    (4) issuing licenses to qualified individuals according to sections 148E.055 and 52.15148E.060;52.16    (5) taking disciplinary, adversarial, corrective, or other action according to sections 52.17148E.255 to 148E.270 when an individual violates the requirements of this chapter;52.18    (6) assessing fees according to sections 148E.175 and 148E.180; and52.19    (7) educating social workers and the public on the requirements of the board.52.20    Subd. 2.Rules.The board may adopt and enforce rules to carry out the duties 52.21specified in subdivision 1.52.22    Sec. 69. [148E.035] VARIANCES.52.23    If the effect of a requirement according to this chapter is unreasonable, impossible to 52.24execute, absurd, or would impose an extreme hardship on a licensee, the board may grant 52.25a variance if the variance is consistent with promoting and protecting the public health, 52.26safety, and welfare. A variance must not be granted for core licensing standards such as 52.27substantive educational and examination requirements.52.28    Sec. 70. [148E.040] IMMUNITY.52.29    Board members, board employees, and persons engaged on behalf of the board are 52.30immune from civil liability for any actions, transactions, or publications in the lawful 52.31execution of or relating to their duties under this chapter.52.32    Sec. 71. [148E.045] CONTESTED CASE HEARING.53.1    An applicant or a licensee who is the subject of a disciplinary or adversarial action 53.2by the board according to this chapter may request a contested case hearing under sections 53.314.57 to 14.62. An applicant or a licensee who desires to request a contested case hearing 53.4must submit a written request to the board within 90 days after the date on which the board 53.5mailed the notification of the adverse action, except as otherwise provided in this chapter.53.6    Sec. 72. [148E.050] LICENSING; SCOPE OF PRACTICE.53.7    Subdivision 1.Requirements.The practice of social work must comply with the 53.8requirements of subdivision 2, 3, 4, or 5.53.9    Subd. 2.Licensed social worker.A licensed social worker may engage in social 53.10work practice except that a licensed social worker must not engage in clinical practice.53.11    Subd. 3.Licensed graduate social worker.A licensed graduate social worker may 53.12engage in social work practice except that a licensed graduate social worker must not 53.13engage in clinical practice except under the supervision of a licensed independent clinical 53.14social worker or an alternate supervisor according to section 148E.120.53.15    Subd. 4.Licensed independent social worker.A licensed independent social 53.16worker may engage in social work practice except that a licensed independent social 53.17worker must not engage in clinical practice except under the supervision of a licensed 53.18independent clinical social worker or an alternate supervisor according to section 53.19148E.120.53.20    Subd. 5.Licensed independent clinical social worker.A licensed independent 53.21clinical social worker may engage in social work practice, including clinical practice.53.22    Sec. 73. [148E.055] LICENSE REQUIREMENTS.53.23    Subdivision 1.License required.(a) In order to practice social work, an individual 53.24must have a social work license under this section or section 148E.060, except when the 53.25individual is exempt from licensure according to section 148E.065.53.26    (b) Individuals who teach professional social work knowledge, skills, and values to 53.27students and who have a social work degree from a program accredited by the Council 53.28on Social Work Education, the Canadian Association of Schools of Social Work, or a 53.29similar accreditation body designated by the board must have a social work license under 53.30this section or section 148E.060, except when the individual is exempt from licensure 53.31according to section 148E.065.53.32    Subd. 2.Qualifications for licensure by examination as a licensed social worker.53.33    (a) To be licensed as a licensed social worker, an applicant for licensure by examination 53.34must provide evidence satisfactory to the board that the applicant:54.1    (1) has received a baccalaureate degree in social work from a program accredited by 54.2the Council on Social Work Education, the Canadian Association of Schools of Social 54.3Work, or a similar accreditation body designated by the board, or a doctorate in social 54.4work from an accredited university;54.5    (2) has passed the bachelors or equivalent examination administered by the 54.6Association of Social Work Boards or a similar examination body designated by the board. 54.7Unless an applicant applies for licensure by endorsement according to subdivision 7, an 54.8examination is not valid if it was taken and passed eight or more years prior to submitting 54.9a completed, signed application form provided by the board. The examination may be 54.10taken prior to completing degree requirements;54.11    (3) has submitted a completed, signed application form provided by the board, 54.12including the applicable application fee specified in section 148E.180. For applications 54.13submitted electronically, a "signed application" means providing an attestation as specified 54.14by the board;54.15    (4) has submitted the criminal background check fee and a form provided by the 54.16board authorizing a criminal background check according to subdivision 8;54.17    (5) has paid the applicable license fee specified in section 148E.180; and54.18    (6) has not engaged in conduct that was or would be in violation of the standards 54.19of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 54.20conduct that was or would be in violation of the standards of practice, the board may take 54.21action according to sections 148E.255 to 148E.270.54.22    (b) An application that is not completed and signed, or that is not accompanied by the 54.23correct fee, must be returned to the applicant, along with any fee submitted, and is void.54.24    (c) A licensee granted a license by the board according to paragraph (a) must meet 54.25the supervised practice requirements specified in sections 148E.100 to 148E.125. If a 54.26licensee does not meet the supervised practice requirements, the board may take action 54.27according to sections 148E.255 to 148E.270.54.28    (d) By submitting an application for licensure, an applicant authorizes the board to 54.29investigate any information provided or requested in the application. The board may 54.30request that the applicant provide additional information, verification, or documentation.54.31    (e) Within one year of the time the board receives an application for licensure, the 54.32applicant must meet all the requirements specified in paragraph (a) and must provide all of 54.33the information requested by the board according to paragraph (d). If within one year the 54.34applicant does not meet all the requirements, or does not provide all of the information 54.35requested, the applicant is considered ineligible and the application for licensure must 54.36be closed.55.1    (f) Except as provided in paragraph (g), an applicant may not take more than three 55.2times the bachelors or equivalent examination administered by the Association of Social 55.3Work Boards, or a similar examination body designated by the board. An applicant must 55.4receive a passing score on the bachelors or equivalent examination administered by the 55.5Association of Social Work Boards or a similar examination body designated by the board 55.6in no more than 18 months after the date the applicant first failed the examination.55.7    (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a 55.8fourth or subsequent time, the bachelors or equivalent examination administered by the 55.9Association of Social Work Boards or a similar examination body designated by the 55.10board if the applicant:55.11    (1) meets all requirements specified in paragraphs (a) to (e) other than passing the 55.12bachelors or equivalent examination administered by the Association of Social Work 55.13Boards or a similar examination body designated by the board;55.14    (2) provides to the board a description of the efforts the applicant has made to 55.15improve the applicant's score and demonstrates to the board's satisfaction that the efforts 55.16are likely to improve the score; and55.17    (3) provides to the board letters of recommendation from two licensed social 55.18workers attesting to the applicant's ability to practice social work competently and 55.19ethically according to professional social work knowledge, skills, and values.55.20    (h) An individual must not practice social work until the individual passes the 55.21examination and receives a social work license under this section or section 148E.060. If 55.22the board has reason to believe that an applicant may be practicing social work without a 55.23license, and the applicant has failed the bachelors or equivalent examination administered 55.24by the Association of Social Work Boards or a similar examination body designated by 55.25the board, the board may notify the applicant's employer that the applicant is not licensed 55.26as a social worker.55.27    Subd. 3.Qualifications for licensure by examination as licensed graduate social 55.28worker.(a) To be licensed as a licensed graduate social worker, an applicant for licensure 55.29by examination must provide evidence satisfactory to the board that the applicant:55.30    (1) has received a graduate degree in social work from a program accredited by 55.31the Council on Social Work Education, the Canadian Association of Schools of Social 55.32Work, or a similar accreditation body designated by the board, or a doctorate in social 55.33work from an accredited university;55.34    (2) has passed the masters or equivalent examination administered by the Association 55.35of Social Work Boards or a similar examination body designated by the board. Unless an 55.36applicant applies for licensure by endorsement according to section 148E.055, subdivision 56.17, an examination is not valid if it was taken and passed eight or more years prior to 56.2submitting a completed, signed application form provided by the board. The examination 56.3may be taken prior to completing degree requirements;56.4    (3) has submitted a completed, signed application form provided by the board, 56.5including the applicable application fee specified in section 148E.180. For applications 56.6submitted electronically, a "signed application" means providing an attestation as specified 56.7by the board;56.8    (4) has submitted the criminal background check fee and a form provided by the 56.9board authorizing a criminal background check according to subdivision 8;56.10    (5) has paid the applicable license fee specified in section 148E.180; and56.11    (6) has not engaged in conduct that was or would be in violation of the standards 56.12of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 56.13conduct that was or would be in violation of the standards of practice, the board may take 56.14action according to sections 148E.255 to 148E.270.56.15    (b) An application which is not completed and signed, or which is not accompanied 56.16by the correct fee, must be returned to the applicant, along with any fee submitted, and is 56.17void.56.18    (c) A licensee granted a license by the board according to paragraph (a) must meet 56.19the supervised practice requirements specified in sections 148E.100 to 148E.125. If a 56.20licensee does not meet the supervised practice requirements, the board may take action 56.21according to sections 148E.255 to 148E.270.56.22    (d) By submitting an application for licensure, an applicant authorizes the board to 56.23investigate any information provided or requested in the application. The board may 56.24request that the applicant provide additional information, verification, or documentation.56.25    (e) Within one year of the time the board receives an application for licensure, the 56.26applicant must meet all the requirements specified in paragraph (a) and must provide all of 56.27the information requested by the board according to paragraph (d). If within one year the 56.28applicant does not meet all the requirements, or does not provide all of the information 56.29requested, the applicant is considered ineligible and the application for licensure must 56.30be closed.56.31    (f) Except as provided in paragraph (g), an applicant may not take more than three 56.32times the masters or equivalent examination administered by the Association of Social 56.33Work Boards or a similar examination body designated by the board. An applicant must 56.34receive a passing score on the masters or equivalent examination administered by the 56.35Association of Social Work Boards or a similar examination body designated by the board 56.36in no more than 18 months after the date the applicant first failed the examination.57.1    (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a 57.2fourth or subsequent time, the masters or equivalent examination administered by the 57.3Association of Social Work Boards or a similar examination body designated by the 57.4board if the applicant:57.5    (1) meets all requirements specified in paragraphs (a) to (e) other than passing the 57.6masters or equivalent examination administered by the Association of Social Work Boards 57.7or a similar examination body designated by the board;57.8    (2) provides to the board a description of the efforts the applicant has made to 57.9improve the applicant's score and demonstrates to the board's satisfaction that the efforts 57.10are likely to improve the score; and57.11    (3) provides to the board letters of recommendation from two licensed social 57.12workers attesting to the applicant's ability to practice social work competently and 57.13ethically according to professional social work knowledge, skills, and values.57.14    (h) An individual must not practice social work until the individual passes the 57.15examination and receives a social work license under this section or section 148E.060. If 57.16the board has reason to believe that an applicant may be practicing social work without a 57.17license, and the applicant has failed the masters or equivalent examination administered 57.18by the Association of Social Work Boards or a similar examination body designated by 57.19the board, the board may notify the applicant's employer that the applicant is not licensed 57.20as a social worker.57.21    Subd. 4.Licensure by examination; licensed independent social worker.(a) 57.22To be licensed as a licensed independent social worker, an applicant for licensure by 57.23examination must provide evidence satisfactory to the board that the applicant:57.24    (1) has received a graduate degree in social work from a program accredited by 57.25the Council on Social Work Education, the Canadian Association of Schools of Social 57.26Work, or a similar accreditation body designated by the board, or a doctorate in social 57.27work from an accredited university;57.28    (2) has practiced social work as defined in section 148E.010, and has met the 57.29supervised practice requirements specified in sections 148E.100 to 148E.125;57.30    (3) has passed the advanced generalist or equivalent examination administered by 57.31the Association of Social Work Boards or a similar examination body designated by the 57.32board. Unless an applicant applies for licensure by endorsement according to subdivision 57.337, an examination is not valid if it was taken and passed eight or more years prior to 57.34submitting a completed, signed application form provided by the board;57.35    (4) has submitted a completed, signed application form provided by the board, 57.36including the applicable application fee specified in section 148E.180. For applications 58.1submitted electronically, a "signed application" means providing an attestation as specified 58.2by the board;58.3    (5) has submitted the criminal background check fee and a form provided by the 58.4board authorizing a criminal background check according to subdivision 8;58.5    (6) has paid the applicable license fee specified in section 148E.180; and58.6    (7) has not engaged in conduct that was or would be in violation of the standards 58.7of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 58.8conduct that was or would be in violation of the standards of practice, the board may take 58.9action according to sections 148E.255 to 148E.270.58.10    (b) An application which is not completed and signed, or which is not accompanied 58.11by the correct fee, must be returned to the applicant, along with any fee submitted, and is 58.12void.58.13    (c) A licensed independent social worker who practices clinical social work must 58.14meet the supervised practice requirements specified in sections 148E.100 to 148E.125. If 58.15a licensee does not meet the supervised practice requirements, the board may take action 58.16according to sections 148E.255 to 148E.270.58.17    (d) By submitting an application for licensure, an applicant authorizes the board to 58.18investigate any information provided or requested in the application. The board may 58.19request that the applicant provide additional information, verification, or documentation.58.20    (e) Within one year of the time the board receives an application for licensure, the 58.21applicant must meet all the requirements specified in paragraph (a) and must provide all of 58.22the information requested by the board according to paragraph (d). If within one year the 58.23applicant does not meet all the requirements, or does not provide all of the information 58.24requested, the applicant is considered ineligible and the application for licensure must 58.25be closed.58.26    (f) Except as provided in paragraph (g), an applicant may not take more than 58.27three times the advanced generalist or equivalent examination administered by the 58.28Association of Social Work Boards or a similar examination body designated by the 58.29board. An applicant must receive a passing score on the masters or equivalent examination 58.30administered by the Association of Social Work Boards or a similar examination body 58.31designated by the board in no more than 18 months after the first time the applicant failed 58.32the examination.58.33    (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a 58.34fourth or subsequent time, the advanced generalist or equivalent examination administered 58.35by the Association of Social Work Boards or a similar examination body designated by 58.36the board if the applicant:59.1    (1) meets all requirements specified in paragraphs (a) to (e) other than passing the 59.2advanced generalist or equivalent examination administered by the Association of Social 59.3Work Boards or a similar examination body designated by the board;59.4    (2) provides to the board a description of the efforts the applicant has made to 59.5improve the applicant's score and demonstrates to the board's satisfaction that the efforts 59.6are likely to improve the score; and59.7    (3) provides to the board letters of recommendation from two licensed social 59.8workers attesting to the applicant's ability to practice social work competently and 59.9ethically according to professional social work knowledge, skills, and values.59.10    (h) An individual must not practice social work until the individual passes the 59.11examination and receives a social work license under this section or section 148E.060. If 59.12the board has reason to believe that an applicant may be practicing social work without a 59.13license, except as provided in section 148E.065, and the applicant has failed the advanced 59.14generalist or equivalent examination administered by the Association of Social Work 59.15Boards or a similar examination body designated by the board, the board may notify the 59.16applicant's employer that the applicant is not licensed as a social worker.59.17    Subd. 5.Licensure by examination; licensed independent clinical social worker.59.18    (a) To be licensed as a licensed independent clinical social worker, an applicant for 59.19licensure by examination must provide evidence satisfactory to the board that the applicant:59.20    (1) has received a graduate degree in social work from a program accredited by 59.21the Council on Social Work Education, the Canadian Association of Schools of Social 59.22Work, or a similar accreditation body designated by the board, or a doctorate in social 59.23work from an accredited university;59.24    (2) has completed 360 clock hours (one semester credit hour = 15 clock hours)  in 59.25the following clinical knowledge areas:59.26    (i) 108 clock hours (30 percent) in differential diagnosis and biopsychosocial 59.27assessment including normative development and psychopathology across the life span;59.28    (ii) 36 clock hours (ten percent) in assessment-based clinical treatment planning with 59.29measurable goals;59.30    (iii) 108 clock hours (30 percent) in clinical intervention methods informed by 59.31research and current standards of practice;59.32    (iv) 18 clock hours (five percent) in evaluation methodologies;  59.33    (v) 72 clock hours (20 percent) in social work values and ethics, including cultural 59.34context, diversity, and social policy; and59.35    (vi) 18 clock hours (five percent) in culturally specific clinical assessment and 59.36intervention;60.1    (3) has practiced clinical social work as defined in section 148E.010, including both 60.2diagnosis and treatment, and has met the supervised practice requirements specified in 60.3sections 148E.100 to 148E.125;60.4    (4) has passed the clinical or equivalent examination administered by the Association 60.5of Social Work Boards or a similar examination body designated by the board. Unless an 60.6applicant applies for licensure by endorsement according to subdivision 7, an examination 60.7is not valid if it was taken and passed eight or more years prior to submitting a completed, 60.8signed application form provided by the board;60.9    (5) has submitted a completed, signed application form provided by the board, 60.10including the applicable application fee specified in section 148E.180. For applications 60.11submitted electronically, a "signed application" means providing an attestation as specified 60.12by the board;60.13    (6) has submitted the criminal background check fee and a form provided by the 60.14board authorizing a criminal background check according to subdivision 8;60.15    (7) has paid the license fee specified in section 148E.180; and60.16    (8) has not engaged in conduct that was or would be in violation of the standards 60.17of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 60.18conduct that was or would be in violation of the standards of practice, the board may take 60.19action according to sections 148E.255 to 148E.270.60.20    (b) The requirement in paragraph (a), clause (2), may be satisfied through: (1) 60.21a graduate degree program accredited by the Council on Social Work Education, the 60.22Canadian Association of Schools of Social Work, or a similar accreditation body 60.23designated by the board; or a doctorate in social work from an accredited university; (2) 60.24postgraduate coursework; or (3) up to 90 continuing education hours. The continuing 60.25education must have a course description available for public review and must include 60.26a posttest. Compliance with this requirement must be documented on a form provided 60.27by the board. The board may conduct audits of the information submitted in order to 60.28determine compliance with the requirements of this section.60.29    (c) An application which is not completed and signed, or which is not accompanied 60.30by the correct fee, must be returned to the applicant, along with any fee submitted, and is 60.31void.60.32    (d) By submitting an application for licensure, an applicant authorizes the board to 60.33investigate any information provided or requested in the application. The board may 60.34request that the applicant provide additional information, verification, or documentation.60.35    (e) Within one year of the time the board receives an application for licensure, the 60.36applicant must meet all the requirements specified in paragraph (a) and must provide all of 61.1the information requested by the board according to paragraph (d). If within one year the 61.2applicant does not meet all the requirements, or does not provide all of the information 61.3requested, the applicant is considered ineligible and the application for licensure must 61.4be closed.61.5    (f) Except as provided in paragraph (g), an applicant may not take more than three 61.6times the clinical or equivalent examination administered by the Association of Social 61.7Work Boards or a similar examination body designated by the board. An applicant must 61.8receive a passing score on the clinical or equivalent examination administered by the 61.9Association of Social Work Boards or a similar examination body designated by the board 61.10no later than 18 months after the first time the applicant failed the examination.61.11    (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a 61.12fourth or subsequent time, the clinical or equivalent examination administered by the 61.13Association of Social Work Boards or a similar examination body designated by the 61.14board if the applicant:61.15    (1) meets all requirements specified in paragraphs (a) to (e) other than passing the 61.16clinical or equivalent examination administered by the Association of Social Work Boards 61.17or a similar examination body designated by the board;61.18    (2) provides to the board a description of the efforts the applicant has made to 61.19improve the applicant's score and demonstrates to the board's satisfaction that the efforts 61.20are likely to improve the score; and61.21    (3) provides to the board letters of recommendation from two licensed social 61.22workers attesting to the applicant's ability to practice social work competently and 61.23ethically according to professional social work knowledge, skills, and values.61.24    (h) An individual must not practice social work until the individual passes the 61.25examination and receives a social work license under this section or section 148E.060. If 61.26the board has reason to believe that an applicant may be practicing social work without a 61.27license, and the applicant has failed the clinical or equivalent examination administered 61.28by the Association of Social Work Boards or a similar examination body designated by 61.29the board, the board may notify the applicant's employer that the applicant is not licensed 61.30as a social worker.61.31    Subd. 6.Degrees from outside United States or Canada.If an applicant receives 61.32a degree from a program outside the United States or Canada that is not accredited by 61.33the Council on Social Work Education, the Canadian Association of Schools of Social 61.34Work, or a similar examination body designated by the board, the degree does not fulfill 61.35the requirements specified in subdivision 2, paragraph (a), clause (1); 3, paragraph (a), 61.36clause (1); 4, paragraph (a), clause (1); or 5, paragraph (a), clause (1), unless the Council 62.1on Social Work Education or a similar accreditation body designated by the board has 62.2determined through the council's international equivalency determination service that the 62.3degree earned is equivalent to the degree required.62.4    Subd. 7.Licensure by endorsement.(a) An applicant for licensure by endorsement 62.5must hold a current license or credential to practice social work in another jurisdiction.62.6    (b) An applicant for licensure by endorsement who meets the qualifications of 62.7paragraph (a) and who demonstrates to the satisfaction of the board that the applicant 62.8passed the examination administered by the Association of Social Work Boards or a 62.9similar examination body designated by the board for the applicable license in Minnesota 62.10is not required to retake the licensing examination.62.11    (c) An application for licensure by endorsement must meet the applicable license 62.12requirements specified in subdivisions 1 to 6, except as provided in paragraph (d), and 62.13submit the licensure by endorsement application fee specified in section 148E.180.62.14    (d) The following requirements apply:62.15    (1) An applicant for licensure by endorsement who is applying for licensure as a 62.16licensed social worker must meet the requirements specified in subdivision 2.62.17    (2) An applicant for licensure by endorsement who is applying for licensure as a 62.18licensed graduate social worker must meet the requirements specified in subdivision 3.62.19    (3) An applicant for licensure by endorsement who is applying for licensure as 62.20a licensed independent social worker is not required to demonstrate that the applicant 62.21has obtained 100 hours of supervision as specified in section 148E.110, subdivision 1, 62.22provided that the applicant has engaged in authorized social work practice for a minimum 62.23of 4,000 hours in another jurisdiction.62.24    (4) An applicant for licensure by endorsement as a licensed independent clinical 62.25social worker (i) is not required to meet the license requirements specified in subdivision 62.265, paragraph (a), clause (2), and (ii) is not required to demonstrate that the applicant 62.27has obtained 200 hours of supervision as specified in section 148E.115, subdivision 1, 62.28provided that the applicant has engaged in authorized clinical social work practice for a 62.29minimum of 4,000 hours in another jurisdiction.62.30    Subd. 8.Criminal background checks.(a) Except as provided in paragraph (b), an 62.31initial license application must be accompanied by:62.32    (1) a form provided by the board authorizing the board to complete a criminal 62.33background check; and62.34    (2) the criminal background check fee specified by the Bureau of Criminal 62.35Apprehension.63.1    Criminal background check fees collected by the board must be used to reimburse 63.2the Bureau of Criminal Apprehension for the criminal background checks.63.3    (b) An applicant who has previously submitted a license application authorizing the 63.4board to complete a criminal background check is exempt from the requirement specified 63.5in paragraph (a).63.6    (c) If a criminal background check indicates that an applicant has engaged in 63.7criminal behavior, the board may take action according to sections 148E.255 to 148E.270.63.8    Subd. 9.Effective date.The effective date of an initial license is the day on which 63.9the board receives the applicable license fee from an applicant approved for licensure.63.10    Subd. 10.Expiration date.The expiration date of an initial license is the last day 63.11of the licensee's birth month in the second calendar year following the effective date of 63.12the initial license.63.13    Subd. 11.Change in license.(a) A licensee who changes from a licensed social 63.14worker to a licensed graduate social worker, or from a licensed graduate social worker to a 63.15licensed independent social worker, or from a licensed graduate social worker or licensed 63.16independent social worker to a licensed independent clinical social worker, must pay the 63.17prorated share of the fee for the new license.63.18    (b) The effective date of the new license is the day on which the board receives the 63.19applicable license fee from an applicant approved for the new license.63.20    (c) The expiration date of the new license is the same date as the expiration date of 63.21the license held by the licensee prior to the change in the license.63.22    Sec. 74. [148E.060] TEMPORARY LICENSES.63.23    Subdivision 1.Students and other persons not currently licensed in another 63.24jurisdiction.The board may issue a temporary license to practice social work to an 63.25applicant who is not licensed or credentialed to practice social work in any jurisdiction 63.26but has:63.27    (1) applied for a license under section 148E.055;63.28    (2) applied for a temporary license on a form provided by the board;63.29    (3) submitted a form provided by the board authorizing the board to complete a 63.30criminal background check;63.31    (4) passed the applicable licensure examination provided for in section 148E.055;63.32    (5) attested on a form provided by the board that the applicant has completed the 63.33requirements for a baccalaureate or graduate degree in social work from a program 63.34accredited by the Council on Social Work Education, the Canadian Association of Schools 64.1of Social Work, or a similar accreditation body designated by the board, or a doctorate in 64.2social work from an accredited university; and64.3    (6) not engaged in conduct that was or would be in violation of the standards of 64.4practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 64.5conduct that was or would be in violation of the standards of practice, the board may take 64.6action according to sections 148E.255 to 148E.270.64.7    Subd. 2.Emergency situations and persons currently licensed in another 64.8jurisdiction.The board may issue a temporary license to practice social work to an 64.9applicant who is licensed or credentialed to practice social work in another jurisdiction, 64.10may or may not have applied for a license under section 148E.055, and has:64.11    (1) applied for a temporary license on a form provided by the board;64.12    (2) submitted a form provided by the board authorizing the board to complete a 64.13criminal background check;64.14    (3) submitted evidence satisfactory to the board that the applicant is currently 64.15licensed or credentialed to practice social work in another jurisdiction;64.16    (4) attested on a form provided by the board that the applicant has completed the 64.17requirements for a baccalaureate or graduate degree in social work from a program 64.18accredited by the Council on Social Work Education, the Canadian Association of Schools 64.19of Social Work, or a similar accreditation body designated by the board, or a doctorate in 64.20social work from an accredited university; and64.21    (5) not engaged in conduct that was or would be in violation of the standards of 64.22practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 64.23conduct that was or would be in violation of the standards of practice, the board may take 64.24action according to sections 148E.255 to 148E.270.64.25    Subd. 3.Teachers.The board may issue a temporary license to practice social work 64.26to an applicant whose permanent residence is outside the United States, who is teaching 64.27social work at an academic institution in Minnesota for a period not to exceed 12 months, 64.28who may or may not have applied for a license under section 148E.055, and who has:64.29    (1) applied for a temporary license on a form provided by the board;64.30    (2) submitted a form provided by the board authorizing the board to complete a 64.31criminal background check;64.32    (3) attested on a form provided by the board that the applicant has completed the 64.33requirements for a baccalaureate or graduate degree in social work; and64.34    (4) has not engaged in conduct that was or would be in violation of the standards 64.35of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 65.1conduct that was or would be in violation of the standards of practice, the board may take 65.2action according to sections 148E.255 to 148E.270.65.3    Subd. 4.Temporary license application fee.An applicant for a temporary license 65.4must pay the application fee specified in section 148E.180 plus the required fee for 65.5the cost of the criminal background check. Only one fee for the cost of the criminal 65.6background check must be submitted when the applicant is applying for both a temporary 65.7license and a license under section 148E.055.65.8    Subd. 5.Temporary license term.(a) A temporary license is valid until expiration, 65.9or until the board issues or denies the license according to section 148E.055, or until 65.10the board revokes the temporary license, whichever comes first. A temporary license is 65.11nonrenewable.65.12    (b) A temporary license issued according to subdivision 1 or 2 expires after six 65.13months.65.14    (c) A temporary license issued according to subdivision 3 expires after 12 months.65.15    Subd. 6.Licensee with temporary license; baccalaureate degree.A licensee 65.16with a temporary license who has provided evidence to the board that the licensee has 65.17completed the requirements for a baccalaureate degree in social work from a program 65.18accredited by the Council on Social Work Education, the Canadian Association of Schools 65.19of Social Work, or a similar accreditation body designated by the board may temporarily 65.20engage in social work practice except that a licensee with a temporary license may not 65.21engage in clinical social work practice.65.22    Subd. 7.Licensee with temporary license; graduate degree.A licensee with a 65.23temporary license who has provided evidence to the board that the licensee has completed 65.24the requirements for a graduate degree in social work from a program accredited by the 65.25Council on Social Work Education, the Canadian Association of Schools of Social Work, 65.26or a similar accreditation body designated by the board may temporarily engage in social 65.27work practice, including clinical practice.65.28    Subd. 8.Supervision requirements.(a) Except as provided in paragraph (b), an 65.29applicant who is not currently licensed or credentialed to practice social work in another 65.30jurisdiction and who obtains a temporary license may practice social work only under 65.31the supervision of an individual licensed as a social worker who is eligible to provide 65.32supervision under sections 148E.100 to 148E.125. Before the applicant is approved 65.33for licensure, the applicant's supervisor must attest to the board's satisfaction that the 65.34applicant has practiced social work under supervision. This supervision applies toward 65.35the supervision required after licensure.66.1    (b) If an applicant is currently licensed or credentialed to practice social work in 66.2another jurisdiction, and receives a temporary license according to subdivision 3, the 66.3requirements specified in paragraph (a) do not apply. However, if an applicant with a 66.4temporary license chooses to practice social work under supervision, the supervision 66.5applies to the requirements specified in sections 148E.100 to 148E.125.66.6    Subd. 9.Prohibition on practice.An applicant for a temporary license must not 66.7practice social work in Minnesota, except as provided in section 148E.065, until the 66.8applicant has been granted a temporary license.66.9    Subd. 10.Representation of professional status.In making representations of 66.10professional status to the public, a licensee with a temporary license must state that the 66.11licensee has a temporary license.66.12    Subd. 11.Standards of practice.A licensee with a temporary license must conduct 66.13all professional activities as a social worker according to the requirements of sections 66.14148E.195 to 148E.240.66.15    Subd. 12.Ineligibility.An applicant who is currently practicing social work in 66.16Minnesota in a setting that is not exempt under section 148E.065 at the time of application 66.17is ineligible for a temporary license.66.18    Subd. 13.Revocation of temporary license.The board may immediately revoke 66.19the temporary license of any licensee who violates any requirements of this section. The 66.20revocation must be made for cause, without notice or opportunity to be heard. A licensee 66.21whose temporary license is revoked must immediately return the temporary license to 66.22the board.66.23    Sec. 75. [148E.065] EXEMPTIONS.66.24    Subdivision 1.Other professionals.Nothing in this chapter may be construed 66.25to prevent members of other professions or occupations from performing functions 66.26for which they are qualified or licensed. This exception includes but is not limited to: 66.27licensed physicians, registered nurses, licensed practical nurses, licensed psychologists, 66.28psychological practitioners, probation officers, members of the clergy and Christian 66.29Science practitioners, attorneys, marriage and family therapists, alcohol and drug 66.30counselors, professional counselors, school counselors, and registered occupational 66.31therapists or certified occupational therapist assistants. These persons must not, however, 66.32hold themselves out to the public by any title or description stating or implying that they 66.33are engaged in the practice of social work, or that they are licensed to engage in the 66.34practice of social work. Persons engaged in the practice of social work are not exempt 66.35from the board's jurisdiction solely by the use of one of the titles in this subdivision.67.1    Subd. 2.Students.An internship, externship, or any other social work experience 67.2that is required for the completion of an accredited program of social work does not 67.3constitute the practice of social work under this chapter.67.4    Subd. 3.Geographic waiver.A geographic waiver may be granted by the board on 67.5a case-by-case basis to agencies with special regional hiring problems. The waiver is for 67.6the purpose of permitting agencies to hire individuals who do not meet the qualifications 67.7of section 148E.055 or 148E.060 to practice social work.67.8    Subd. 4.City, county, and state agency social workers.The licensure of city, 67.9county, and state agency social workers is voluntary. City, county, and state agencies 67.10employing social workers are not required to employ licensed social workers.67.11    Subd. 5.Tribes and private nonprofit agencies; voluntary licensure.The 67.12licensure of social workers who are employed by federally recognized tribes, or by private 67.13nonprofit agencies whose primary service focus addresses ethnic minority populations, 67.14and who are themselves members of ethnic minority populations within those agencies, is 67.15voluntary.67.16    Sec. 76. [148E.070] LICENSE RENEWALS.67.17    Subdivision 1.License renewal term.(a) If a license is renewed, the license must 67.18be renewed for a two-year renewal term. The renewal term is the period from the effective 67.19date of an initial or renewed license to the expiration date of the license.67.20    (b) The effective date of a renewed license is the day following the expiration date 67.21of the expired license.67.22    (c) The expiration date of a renewed license is the last day of the licensee's birth 67.23month in the second calendar year following the effective date of the renewed license.67.24    Subd. 2.Mailing license renewal notices.The board must mail a notice for license 67.25renewal to a licensee at least 45 days before the expiration date of the license. Mailing the 67.26notice by United States mail to the licensee's last known mailing address constitutes valid 67.27mailing. Failure to receive the renewal notice does not relieve a licensee of the obligation 67.28to renew a license and to pay the renewal fee.67.29    Subd. 3.Submitting license renewal applications.(a) In order to renew a license, 67.30a licensee must submit:67.31    (1) a completed, signed application for license renewal; and67.32    (2) the applicable renewal fee specified in section 148E.180.67.33The completed, signed application and renewal fee must be received by the board prior to 67.34midnight of the day of the license expiration date. For renewals submitted electronically, a 67.35"signed application" means providing an attestation as specified by the board.68.1    (b) An application which is not completed and signed, or which is not accompanied 68.2by the correct fee, must be returned to the applicant, along with any fee submitted, and is 68.3void.68.4    (c) The completed, signed application must include documentation that the licensee 68.5has met the continuing education requirements specified in sections 148E.130 to 148E.17068.6and, if applicable, the supervised practice requirements specified in sections 148E.100 to 68.7148E.125.68.8    (d) By submitting a renewal application, an applicant authorizes the board to:68.9    (1) investigate any information provided or requested in the application. The 68.10board may request that the applicant provide additional information, verification, or 68.11documentation;68.12    (2) conduct an audit to determine if the applicant has met the continuing education 68.13requirements specified in sections 148E.130 to 148E.170; and68.14    (3) if applicable, conduct an audit to determine whether the applicant has met the 68.15supervision requirements specified in sections 148E.100 to 148E.125.68.16    (e) If a licensee's application for license renewal meets the requirements specified in 68.17paragraph (a), the licensee may continue to practice after the license expiration date until 68.18the board approves or denies the application.68.19    Subd. 4.Renewal late fee.An application that is received after the license 68.20expiration date must be accompanied by the renewal late fee specified in section 148E.18068.21in addition to the applicable renewal fee. The application, renewal fee, and renewal late 68.22fee must be received by the board within 60 days of the license expiration date, or the 68.23license automatically expires.68.24    Subd. 5.Expired license.(a) If an application does not meet the requirements 68.25specified in subdivisions 3 and 4, the license automatically expires. A licensee whose 68.26license has expired may reactivate a license by meeting the requirements in section 68.27148E.080 or be relicensed by meeting the requirements specified in section 148E.055.68.28    (b) The board may take action according to sections 148E.255 to 148E.270 based on 68.29a licensee's conduct before the expiration of the license.68.30    (c) An expired license may be reactivated within one year of the expiration date 68.31specified in section 148E.080. After one year of the expiration date, an individual may 68.32apply for a new license according to section 148E.055.68.33    Sec. 77. [148E.075] INACTIVE LICENSES.68.34    Subdivision 1.Inactive status.(a) A licensee qualifies for inactive status under 68.35either of the circumstances described in paragraph (b) or (c).69.1    (b) A licensee qualifies for inactive status when the licensee is granted temporary 69.2leave from active practice. A licensee qualifies for temporary leave from active practice if 69.3the licensee demonstrates to the satisfaction of the board that the licensee is not engaged 69.4in the practice of social work in any setting, including settings in which social workers 69.5are exempt from licensure according to section 148E.065. A licensee who is granted 69.6temporary leave from active practice may reactivate the license according to section 69.7148E.080.69.8    (c) A licensee qualifies for inactive status when a licensee is granted an emeritus 69.9license. A licensee qualifies for an emeritus license if the licensee demonstrates to the 69.10satisfaction of the board that:69.11    (1) the licensee is retired from social work practice; and69.12    (2) the licensee is not engaged in the practice of social work in any setting, including 69.13settings in which social workers are exempt from licensure according to section 148E.065.69.14A licensee who possesses an emeritus license may reactivate the license according to 69.15section 148E.080.69.16    Subd. 2.Application.A licensee may apply for inactive status:69.17    (1) at any time by submitting an application for a temporary leave from active 69.18practice or for an emeritus license; or69.19    (2) as an alternative to applying for the renewal of a license by so recording on 69.20the application for license renewal and submitting the completed, signed application to 69.21the board.69.22    An application that is not completed or signed, or that is not accompanied by the 69.23correct fee, must be returned to the applicant, along with any fee submitted, and is void. 69.24For applications submitted electronically, a "signed application" means providing an 69.25attestation as specified by the board.69.26    Subd. 3.Fee.(a) Regardless of when the application for inactive status is submitted, 69.27the temporary leave or emeritus license fee specified in section 148E.180, whichever is 69.28applicable, must accompany the application. A licensee who is approved for inactive 69.29status before the license expiration date is not entitled to receive a refund for any portion 69.30of the license or renewal fee.69.31    (b) If an application for temporary leave is received after the license expiration date, 69.32the licensee must pay a renewal late fee as specified in section 148E.180 in addition to 69.33the temporary leave fee.69.34    Subd. 4.Time limits for temporary leaves.A licensee may maintain an inactive 69.35license on temporary leave for no more than five consecutive years. If a licensee does 70.1not apply for reactivation within 60 days following the end of the consecutive five-year 70.2period, the license automatically expires.70.3    Subd. 5.Time limits for emeritus license.A licensee with an emeritus license may 70.4not apply for reactivation according to section 148E.080 after five years following the 70.5granting of the emeritus license. However, after five years following the granting of the 70.6emeritus license, an individual may apply for new licensure according to section 148E.055.70.7    Subd. 6.Prohibition on practice.(a) Except as provided in paragraph (b), a 70.8licensee whose license is inactive must not practice, attempt to practice, offer to practice, 70.9or advertise or hold out as authorized to practice social work.70.10    (b) The board may grant a variance to the requirements of paragraph (a) if a licensee 70.11on inactive status provides emergency social work services. A variance is granted only 70.12if the board provides the variance in writing to the licensee. The board may impose 70.13conditions or restrictions on the variance.70.14    Subd. 7.Representations of professional status.In making representations of 70.15professional status to the public, a licensee whose license is inactive must state that the 70.16license is inactive and that the licensee cannot practice social work.70.17    Subd. 8.Disciplinary or other action.The board may resolve any pending 70.18complaints against a licensee before approving an application for inactive status. The 70.19board may take action according to sections 148E.255 to 148E.270 against a licensee 70.20whose license is inactive based on conduct occurring before the license is inactive or 70.21conduct occurring while the license is inactive.70.22    Sec. 78. [148E.080] REACTIVATIONS.70.23    Subdivision 1.Mailing notices to licensees on temporary leave.The board must 70.24mail a notice for reactivation to a licensee on temporary leave at least 45 days before the 70.25expiration date of the license according to section 148E.075, subdivision 4. Mailing the 70.26notice by United States mail to the licensee's last known mailing address constitutes 70.27valid mailing. Failure to receive the reactivation notice does not relieve a licensee of the 70.28obligation to comply with the provisions of this section to reactivate a license.70.29    Subd. 2.Reactivation from a temporary leave or emeritus status.To reactivate a 70.30license from a temporary leave or emeritus status, a licensee must do the following within 70.31the time period specified in section 148E.075, subdivisions 4 and 5:70.32    (1) complete an application form specified by the board;70.33    (2) document compliance with the continuing education requirements specified in 70.34subdivision 4;70.35    (3) submit a supervision plan, if required;71.1    (4) pay the reactivation of an inactive licensee fee specified in section 148E.180; and71.2    (5) pay the wall certificate fee according to section 148E.095, subdivision 1, 71.3paragraph (b) or (c), if the licensee needs a duplicate license.71.4    Subd. 3.Reactivation of an expired license.To reactivate an expired license, a 71.5licensee must do the following within one year of the expiration date:71.6    (1) complete an application form specified by the board;71.7    (2) document compliance with the continuing education requirements that were 71.8in effect at the time the license expired;71.9    (3) document compliance with the supervision requirements, if applicable, that were 71.10in effect at the time the license expired; and71.11    (4) pay the reactivation of an expired license fee specified in section 148E.180.71.12    Subd. 4.Continuing education requirements.(a) A licensee who is on temporary 71.13leave or who has an emeritus license must obtain the continuing education hours that 71.14would be required if the license was active. At the time of reactivation, the licensee must 71.15document compliance with the continuing education requirements specified in sections 71.16148E.130 to 148E.170.71.17    (b) A licensee applying for reactivation according to subdivision 2 or 3 may apply 71.18for a variance to the continuing education requirements according to sections 148E.130 to 71.19148E.170.71.20    Subd. 5.Reactivation of a voluntarily terminated license.To reactivate a 71.21voluntarily terminated license, a licensee must do the following within one year of the 71.22date the voluntary termination takes effect:71.23    (1) complete an application form specified by the board;71.24    (2) document compliance with the continuing education requirements that were in 71.25effect at the time the license was voluntarily terminated;71.26    (3) document compliance with the supervision requirements, if applicable, that were 71.27in effect at the time the license was voluntarily terminated; and71.28    (4) pay the reactivation of an expired or voluntarily terminated license fee specified 71.29in section 148E.180.71.30    Sec. 79. [148E.085] VOLUNTARY TERMINATIONS.71.31    Subdivision 1.Requests for voluntary termination.(a) A licensee may request 71.32voluntary termination of a license if the licensee demonstrates to the satisfaction of the 71.33board that the licensee is not engaged in the practice of social work in any setting except 71.34settings in which social workers are exempt from licensure according to section 148E.065.71.35    (b) A licensee may apply for voluntary termination:72.1    (1) at any time by submitting an application; or72.2    (2) as an alternative to applying for the renewal of a license by so recording on 72.3the application for license renewal and submitting the completed, signed application to 72.4the board.72.5For applications submitted electronically, a "signed application" means providing an 72.6attestation as specified by the board. An application that is not completed and signed must 72.7be returned to the applicant and is void.72.8    (c) The board may resolve any pending complaints against a licensee before 72.9approving a request for voluntary termination.72.10    Subd. 2.Application for new licensure.A licensee who has voluntarily terminated 72.11a license may not reactivate the license after one year following the date the voluntary 72.12termination takes effect. However, a licensee who has voluntarily terminated a license 72.13may apply for a new license according to section 148E.055.72.14    Subd. 3.Prohibition on practice.A licensee who has voluntarily terminated a 72.15license must not practice, attempt to practice, offer to practice, or advertise or hold out as 72.16authorized to practice social work, except when the individual is exempt from licensure 72.17according to section 148E.065.72.18    Subd. 4.Disciplinary or other action.The board may take action according to 72.19sections 148E.255 to 148E.270 against a licensee whose license has been terminated 72.20based on conduct occurring before the license is terminated or for practicing social 72.21work without a license.72.22    Sec. 80. [148E.090] NAME; CHANGE OF NAME OR ADDRESS.72.23    Subdivision 1.Name.A licensee must use the licensee's legal name or a professional 72.24name. If the licensee uses a professional name, the licensee must inform the board in 72.25writing of both the licensee's professional name and legal name and must comply with 72.26the requirements of this section.72.27    Subd. 2.Legal name change.Within 30 days after changing the licensee's legal 72.28name, a licensee must:72.29    (1) request a new license wall certificate;72.30    (2) provide legal verification of the name change; and72.31    (3) pay the license wall certificate fee specified in section 148E.180.72.32    Subd. 3.Professional name change.Within 30 days after changing the licensee's 72.33professional name, a licensee must:72.34    (1) request a new license wall certificate;72.35    (2) provide a notarized statement attesting to the name change; and73.1    (3) pay the license wall certificate fee specified in section 148E.180.73.2    Subd. 4.Address or telephone change.When a licensee changes a mailing 73.3address, home address, work address, e-mail address, or daytime public telephone number, 73.4the licensee must notify the board of the change electronically or in writing no more 73.5than 30 days after the date of the change.73.6    Sec. 81. [148E.095] LICENSE CERTIFICATE OR CARD.73.7    Subdivision 1.License wall certificate.(a) The board must issue a new license 73.8wall certificate when the board issues a new license. No fee in addition to the applicable 73.9license fee specified in section 148E.180 is required.73.10    (b) The board must replace a license wall certificate when:73.11    (1) a licensee submits an affidavit to the board that the original license wall 73.12certificate was lost, stolen, or destroyed; and73.13    (2) the licensee submits the license wall certificate fee specified in section 148E.180.73.14    (c) The board must issue a revised license wall certificate when:73.15    (1) a licensee requests a revised license wall certificate according to this section; and73.16    (2) a licensee submits the license wall certificate fee specified in section 148E.180.73.17    (d) The board must issue an additional license wall certificate when:73.18    (1) a licensee submits a written request for a new certificate because the licensee 73.19practices in more than one location; and73.20    (2) the licensee submits the license wall certificate fee specified in section 148E.180.73.21    Subd. 2.License card.(a) The board must issue a new license card when the 73.22board issues a new license. No fee in addition to the applicable license fee specified 73.23in section 148E.180 is required.73.24    (b) The board must replace a license card when a licensee submits:73.25    (1) an affidavit to the board that the original license card was lost, stolen, or 73.26destroyed; and73.27    (2) the license card fee specified in section 148E.180.73.28    (c) The board must issue a revised license card when the licensee submits a written 73.29request for a new license wall certificate because of a new professional or legal name 73.30according to section 148E.090, subdivision 2 or 3. No fee in addition to the one specified 73.31in subdivision 1, paragraph (b), is required.73.32    Sec. 82. [148E.100] LICENSED SOCIAL WORKERS; SUPERVISED 73.33PRACTICE.74.1    Subdivision 1.Supervision required after licensure.After receiving a license 74.2from the board as a licensed social worker, the licensed social worker must obtain at least 74.3100 hours of supervision according to the requirements of this section.74.4    Subd. 2.Practice requirements.The supervision required by subdivision 1 must be 74.5obtained during the first 4,000 hours of postbaccalaureate social work practice authorized 74.6by law. At least four hours of supervision must be obtained during every 160 hours of 74.7practice.74.8    Subd. 3.Types of supervision.Of the 100 hours of supervision required under 74.9subdivision 1:74.10    (1) 50 hours must be provided through one-on-one supervision, including: (i) 74.11a minimum of 25 hours of in-person supervision, and (ii) no more than 25 hours of 74.12supervision via eye-to-eye electronic media; and74.13    (2) 50 hours must be provided through: (i) one-on-one supervision, or (ii) group 74.14supervision. The supervision may be in-person, by telephone, or via eye-to-eye electronic 74.15media. The supervision must not be provided by e-mail. Group supervision is limited to 74.16six members not counting the supervisor or supervisors.74.17    Subd. 4.Supervisor requirements.The supervision required by subdivision 1 must 74.18be provided by a supervisor who:74.19    (1) is a licensed social worker who has completed the supervised practice 74.20requirements;74.21    (2) is a licensed graduate social worker, licensed independent social worker, or 74.22licensed independent clinical social worker; or74.23    (3) meets the requirements specified in section 148E.120, subdivision 2.74.24    Subd. 5.Supervisee requirements.The supervisee must:74.25    (1) to the satisfaction of the supervisor, practice competently and ethically according 74.26to professional social work knowledge, skills, and values;74.27    (2) receive supervision in the following content areas:74.28    (i) development of professional values and responsibilities;74.29    (ii) practice skills;74.30    (iii) authorized scope of practice;74.31    (iv) ensuring continuing competence; and74.32    (v) ethical standards of practice;74.33    (3) submit a supervision plan according to section 148E.125, subdivision 1; and74.34    (4) if the board audits the supervisee's supervised practice, submit verification of 74.35supervised practice according to section 148E.125, subdivision 3.75.1    Subd. 6.After completion of supervision requirements.A licensed social worker 75.2who fulfills the supervision requirements specified in subdivisions 1 to 5 is not required to 75.3be supervised after completion of the supervision requirements.75.4    Subd. 7.Attestation.The social worker and the social worker's supervisor must 75.5attest that the supervisee has met or has made progress on meeting the applicable 75.6supervision requirements according to section 148E.125, subdivision 2.75.7    Sec. 83. [148E.105] LICENSED GRADUATE SOCIAL WORKERS WHO DO 75.8NOT PRACTICE CLINICAL SOCIAL WORK; SUPERVISED PRACTICE.75.9    Subdivision 1.Supervision required after licensure.After receiving a license 75.10from the board as a licensed graduate social worker, a licensed graduate social worker 75.11must obtain at least 100 hours of supervision according to the requirements of this section.75.12    Subd. 2.Practice requirements.The supervision required by subdivision 1 must 75.13be obtained during the first 4,000 hours of postgraduate social work practice authorized 75.14by law. At least four hours of supervision must be obtained during every 160 hours of 75.15practice.75.16    Subd. 3.Types of supervision.Of the 100 hours of supervision required under 75.17subdivision 1:75.18    (1) 50 hours must be provided though one-on-one supervision, including: (i) 75.19a minimum of 25 hours of in-person supervision, and (ii) no more than 25 hours of 75.20supervision via eye-to-eye electronic media; and75.21    (2) 50 hours must be provided through: (i) one-on-one supervision, or (ii) group 75.22supervision. The supervision may be in-person, by telephone, or via eye-to-eye electronic 75.23media. The supervision must not be provided by e-mail. Group supervision is limited 75.24to six supervisees.75.25    Subd. 4.Supervisor requirements.The supervision required by subdivision 1 must 75.26be provided by a supervisor who meets the requirements specified in section 148E.120. 75.27The supervision must be provided by a:75.28    (1) licensed independent social worker; 75.29    (2) licensed graduate social worker who has completed the supervised practice 75.30requirements; 75.31    (3) licensed independent clinical social worker; or 75.32    (4) a supervisor who meets the requirements specified in section 148E.120, 75.33subdivision 2.75.34    Subd. 5.Supervisee requirements.The supervisee must:76.1    (1) to the satisfaction of the supervisor, practice competently and ethically according 76.2to professional social work knowledge, skills, and values;76.3    (2) receive supervision in the following content areas:76.4    (i) development of professional values and responsibilities;76.5    (ii) practice skills;76.6    (iii) authorized scope of practice;76.7    (iv) ensuring continuing competence; and76.8    (v) ethical standards of practice;76.9    (3) submit a supervision plan according to section 148E.125, subdivision 1; and76.10    (4) verify supervised practice according to section 148E.125, subdivision 3, if:76.11    (i) the board audits the supervisee's supervised practice; or76.12    (ii) a licensed graduate social worker applies for a licensed independent social 76.13worker license.76.14    Subd. 6.Supervision not required after completion of supervision requirements.76.15    A licensed graduate social worker who fulfills the supervision requirements specified in 76.16subdivisions 1 to 5, and who does not practice clinical social work, is not required to be 76.17supervised after completion of the supervision requirements.76.18    Subd. 7.Attestation.A social worker and the social worker's supervisor must attest 76.19that the supervisee has met or has made progress on meeting the applicable supervision 76.20requirements according to section 148E.125, subdivision 2.76.21    Subd. 8.Eligibility to apply for licensure as a licensed independent social 76.22worker.Upon completion of 4,000 hours of social work practice, including at least 100 76.23hours of supervision according to the requirements of this section, a licensed graduate 76.24social worker is eligible to apply for a licensed independent social worker license 76.25according to section 148E.110.76.26    Sec. 84. [148E.106] LICENSED GRADUATE SOCIAL WORKERS WHO 76.27PRACTICE CLINICAL SOCIAL WORK; SUPERVISED PRACTICE.76.28    Subdivision 1.Supervision required after licensure.After receiving a license 76.29from the board as a licensed graduate social worker, a licensed graduate social worker 76.30must obtain at least 200 hours of supervision according to the requirements of this section.76.31    Subd. 2.Practice requirements.The supervision required by subdivision 1 must 76.32be obtained during the first 4,000 hours of postgraduate social work practice authorized 76.33by law. At least eight hours of supervision must be obtained during every 160 hours of 76.34practice.77.1    Subd. 3.Types of supervision.Of the 200 hours of supervision required under 77.2subdivision 1:77.3    (1) 100 hours must be provided through one-on-one supervision, including: (i) 77.4a minimum of 50 hours of in-person supervision, and (ii) no more than 50 hours of 77.5supervision via eye-to-eye electronic media; and77.6    (2) 100 hours must be provided through: (i) one-on-one supervision, or (ii) group 77.7supervision. The supervision may be in-person, by telephone, or via eye-to-eye electronic 77.8media. The supervision must not be provided by e-mail. Group supervision is limited 77.9to six supervisees.77.10    Subd. 4.Supervisor requirements.The supervision required by subdivision 1 must 77.11be provided by a supervisor who meets the requirements specified in section 148E.120. 77.12The supervision must be provided:77.13    (1) by a licensed independent clinical social worker; or77.14    (2) by a supervisor who meets the requirements specified in section 148E.120, 77.15subdivision 2.77.16    Subd. 5.Supervisee requirements.The supervisee must:77.17    (1) to the satisfaction of the supervisor, practice competently and ethically according 77.18to professional social work knowledge, skills, and values;77.19    (2) receive supervision in the following content areas:77.20    (i) development of professional values and responsibilities;77.21    (ii) practice skills;77.22    (iii) authorized scope of practice;77.23    (iv) ensuring continuing competence; and77.24    (v) ethical standards of practice;77.25    (3) submit a supervision plan according to section 148E.125, subdivision 1; and 77.26    (4) verify supervised practice according to section 148E.125, subdivision 3, if:77.27    (i) the board audits the supervisee's supervised practice; or77.28    (ii) a licensed graduate social worker applies for a licensed independent clinical 77.29social worker license.77.30    Subd. 6.Supervision required.A licensed graduate social worker must not engage 77.31in clinical social work practice except under supervision by a licensed independent 77.32clinical social worker or an alternate supervisor designated according to section 148E.120, 77.33subdivision 2.77.34    Subd. 7.Limit on practice of clinical social work.(a) Except as provided in 77.35subdivision 8, a licensed graduate social worker must not engage in clinical social work 77.36practice under supervision for more than 8,000 hours. In order to practice clinical social 78.1work for more than 8,000 hours, a licensed graduate social worker must obtain a licensed 78.2independent clinical social worker license.78.3    (b) Notwithstanding the requirements of paragraph (a), the board may grant a 78.4licensed graduate social worker permission to engage in clinical social work practice for 78.5more than 8,000 hours if the licensed graduate social worker petitions the board and 78.6demonstrates to the board's satisfaction that for reasons of personal hardship the licensed 78.7graduate social worker should be granted an extension to continue practicing clinical 78.8social work under supervision for up to an additional 2,000 hours.78.9    Subd. 8.Eligibility to apply for licensure as a licensed independent social 78.10worker.Upon completion of 4,000 hours of clinical social work practice, including at 78.11least 1,800 hours of direct clinical client contact and 200 hours of supervision according to 78.12the requirements of this section, a licensed graduate social worker is eligible to apply for a 78.13licensed independent clinical social worker license under section 148E.115, subdivision 1.78.14    Subd. 9.Attestation.A social worker and the social worker's supervisor must attest 78.15that the supervisee has met or has made progress on meeting the applicable supervision 78.16requirements according to section 148E.125, subdivision 2.78.17    Sec. 85. [148E.110] LICENSED INDEPENDENT SOCIAL WORKERS; 78.18SUPERVISED PRACTICE.78.19    Subdivision 1.Supervision required before licensure.Before becoming licensed 78.20as a licensed independent social worker, a person must have obtained at least 100 hours 78.21of supervision during 4,000 hours of postgraduate social work practice required by law 78.22according to the requirements of section 148E.105, subdivisions 3, 4, and 5. At least four 78.23hours of supervision must be obtained during every 160 hours of practice.78.24    Subd. 2.Licensed independent social workers; clinical social work after 78.25licensure.After licensure, a licensed independent social worker must not engage in 78.26clinical social work practice except under supervision by a licensed independent clinical 78.27social worker or an alternate supervisor designated according to section 148E.120, 78.28subdivision 2.78.29    Subd. 3.Limit on practice of clinical social work.(a) Except as provided in 78.30paragraph (b), a licensed independent social worker must not engage in clinical social 78.31work practice under supervision for more than 8,000 hours. In order to practice clinical 78.32social work for more than 8,000 hours, a licensed independent social worker must obtain a 78.33licensed independent clinical social worker license.78.34    (b) Notwithstanding the requirements of paragraph (a), the board may grant a 78.35licensed independent social worker permission to engage in clinical social work practice 79.1for more than 8,000 hours if the licensed independent social worker petitions the board 79.2and demonstrates to the board's satisfaction that for reasons of personal hardship the 79.3licensed independent social worker should be granted an extension to continue practicing 79.4clinical social work under supervision for up to an additional 2,000 hours.79.5    Subd. 4.Licensed independent social workers who do not practice clinical 79.6social work after licensure.After licensure, a licensed independent social worker is not 79.7required to be supervised if the licensed independent social worker does not practice 79.8clinical social work.79.9    Sec. 86. [148E.115] LICENSED INDEPENDENT CLINICAL SOCIAL 79.10WORKERS; SUPERVISION.79.11    Subdivision 1.Supervision required before licensure.Before becoming licensed 79.12as a licensed independent clinical social worker, a person must have obtained at least 200 79.13hours of supervision during 4,000 hours of postgraduate clinical practice required by law 79.14according to the requirements of section 148E.106.79.15    Subd. 2.No supervision required after licensure.After licensure, a licensed 79.16independent clinical social worker is not required to be supervised.79.17    Sec. 87. [148E.120] REQUIREMENTS OF SUPERVISORS.79.18    Subdivision 1.Supervisors licensed as social workers.(a) Except as provided in 79.19paragraph (b), to be eligible to provide supervision under this section, a social worker must:79.20    (1) have at least 2,000 hours of experience in authorized social work practice. If 79.21the person is providing clinical supervision, the 2,000 hours must include 1,000 hours of 79.22experience in clinical practice;79.23    (2) have completed 30 hours of training in supervision through coursework from 79.24an accredited college or university, or through continuing education in compliance with 79.25sections 148E.130 to 148E.170;79.26    (3) be competent in the activities being supervised; and 79.27    (4) attest, on a form provided by the board, that the social worker has met the 79.28applicable requirements specified in this section and sections 148E.100 to 148E.115. The 79.29board may audit the information provided to determine compliance with the requirements 79.30of this section.79.31    (b) If the board determines that supervision is not obtainable from an individual 79.32meeting the requirements specified in paragraph (a), the board may approve an alternate 79.33supervisor according to subdivision 2.80.1    Subd. 2.Alternate supervisors.(a) The board may approve an alternate supervisor 80.2if:80.3    (1) the board determines that supervision is not obtainable according to paragraph 80.4(b);80.5    (2) the licensee requests in the supervision plan submitted according to section 80.6148E.125, subdivision 1, that an alternate supervisor conduct the supervision;80.7    (3) the licensee describes the proposed supervision and the name and qualifications 80.8of the proposed alternate supervisor; and80.9    (4) the requirements of paragraph (d) are met.80.10    (b) The board may determine that supervision is not obtainable if:80.11    (1) the licensee provides documentation as an attachment to the supervision plan 80.12submitted according to section 148E.125, subdivision 1, that the licensee has conducted a 80.13thorough search for a supervisor meeting the applicable licensure requirements specified 80.14in sections 148E.100 to 148E.115;80.15    (2) the licensee demonstrates to the board's satisfaction that the search was 80.16unsuccessful; and80.17    (3) the licensee describes the extent of the search and the names and locations of 80.18the persons and organizations contacted.80.19    (c) The requirements specified in paragraph (b) do not apply to obtaining supervision 80.20for clinical practice if the board determines that there are five or fewer licensed 80.21independent clinical social workers in the county where the licensee practices social work.80.22    (d) An alternate supervisor must:80.23    (1) be an unlicensed social worker who is employed in, and provides the supervision 80.24in, a setting exempt from licensure by section 148E.065, and who has qualifications 80.25equivalent to the applicable requirements specified in sections 148E.100 to 148E.115;80.26    (2) be a social worker engaged in authorized practice in Iowa, Manitoba, North 80.27Dakota, Ontario, South Dakota, or Wisconsin, and has the qualifications equivalent to the 80.28applicable requirements specified in sections 148E.100 to 148E.115; or80.29    (3) be a licensed marriage and family therapist or a mental health professional 80.30as established by section 245.462, subdivision 18, or 245.4871, subdivision 27, or an 80.31equivalent mental health professional, as determined by the board, who is licensed or 80.32credentialed by a state, territorial, provincial, or foreign licensing agency.80.33    In order to qualify to provide clinical supervision of a licensed graduate social 80.34worker or licensed independent social worker engaged in clinical practice, the alternate 80.35supervisor must be a mental health professional as established by section 245.462, 80.36subdivision 18, or 245.4871, subdivision 27, or an equivalent mental health professional, 81.1as determined by the board, who is licensed or credentialed by a state, territorial, 81.2provincial, or foreign licensing agency.81.3    Sec. 88. [148E.125] DOCUMENTATION OF SUPERVISION.81.4    Subdivision 1.Supervision plan.(a) A social worker must submit, on a form 81.5provided by the board, a supervision plan for meeting the supervision requirements 81.6specified in sections 148E.100 to 148E.120.81.7    (b) The supervision plan must be submitted no later than 90 days after the licensee 81.8begins a social work practice position after becoming licensed.81.9    (c) For failure to submit the supervision plan within 90 days after beginning a social 81.10work practice position, a licensee must pay the supervision plan late fee specified in 81.11section 148E.180 when the licensee applies for license renewal.81.12    (d) A license renewal application submitted according to paragraph (a) must not be 81.13approved unless the board has received a supervision plan.81.14    (e) The supervision plan must include the following:81.15    (1) the name of the supervisee, the name of the agency in which the supervisee is 81.16being supervised, and the supervisee's position title;81.17    (2) the name and qualifications of the person providing the supervision;81.18    (3) the number of hours of one-on-one in-person supervision and the number and 81.19type of additional hours of supervision to be completed by the supervisee;81.20    (4) the supervisee's position description;81.21    (5) a brief description of the supervision the supervisee will receive in the following 81.22content areas:81.23    (i) clinical practice, if applicable;81.24    (ii) development of professional social work knowledge, skills, and values;81.25    (iii) practice methods;81.26    (iv) authorized scope of practice;81.27    (v) ensuring continuing competence; and81.28    (vi) ethical standards of practice; and81.29    (6) if applicable, a detailed description of the supervisee's clinical social work 81.30practice, addressing:81.31    (i) the client population, the range of presenting issues, and the diagnoses;81.32    (ii) the clinical modalities that were utilized; and81.33    (iii) the process utilized for determining clinical diagnoses, including the diagnostic 81.34instruments used and the role of the supervisee in the diagnostic process.82.1    (f) The board must receive a revised supervision plan within 90 days of any of the 82.2following changes:82.3    (1) the supervisee has a new supervisor;82.4    (2) the supervisee begins a new social work position;82.5    (3) the scope or content of the supervisee's social work practice changes substantially;82.6    (4) the number of practice or supervision hours changes substantially; or82.7    (5) the type of supervision changes as supervision is described in section 148E.100, 82.8subdivision 3, or 148E.105, subdivision 3, or as required in section 148E.115.82.9    (g) For failure to submit a revised supervision plan as required in paragraph (f), a 82.10supervisee must pay the supervision plan late fee specified in section 148E.180, when 82.11the supervisee applies for license renewal.82.12    (h) The board must approve the supervisor and the supervision plan.82.13    Subd. 2.Attestation.(a) When a supervisee submits renewal application materials 82.14to the board, the supervisee and supervisor must submit an attestation providing the 82.15following information on a form provided by the board:82.16    (1) the name of the supervisee, the name of the agency in which the supervisee is 82.17being supervised, and the supervisee's position title;82.18    (2) the name and qualifications of the supervisor;82.19    (3) the number of hours and dates of each type of supervision completed;82.20    (4) the supervisee's position description;82.21    (5) a declaration that the supervisee has not engaged in conduct in violation of the 82.22standards of practice specified in sections 148E.195 to 148E.240;82.23    (6) a declaration that the supervisee has practiced competently and ethically 82.24according to professional social work knowledge, skills, and values; and82.25    (7) a list of the content areas in which the supervisee has received supervision, 82.26including the following:82.27    (i) clinical practice, if applicable;82.28    (ii) development of professional social work knowledge, skills, and values;82.29    (iii) practice methods;82.30    (iv) authorized scope of practice;82.31    (v) ensuring continuing competence; and82.32    (vi) ethical standards of practice.82.33    (b) The information provided on the attestation form must demonstrate to the board's 82.34satisfaction that the supervisee has met or has made progress on meeting the applicable 82.35supervised practice requirements.83.1    Subd. 3.Verification of supervised practice.(a) In addition to receiving the 83.2attestation required under subdivision 2, the board must receive verification of supervised 83.3practice if:83.4    (1) the board audits the supervision of a supervisee; or83.5    (2) an applicant applies for a license as a licensed independent social worker or as a 83.6licensed independent clinical social worker.83.7    (b) When verification of supervised practice is required according to paragraph (a), 83.8the board must receive from the supervisor the following information on a form provided 83.9by the board:83.10    (1) the name of the supervisee, the name of the agency in which the supervisee is 83.11being supervised, and the supervisee's position title;83.12    (2) the name and qualifications of the supervisor;83.13    (3) the number of hours and dates of each type of supervision completed;83.14    (4) the supervisee's position description;83.15    (5) a declaration that the supervisee has not engaged in conduct in violation of the 83.16standards of practice specified in sections 148E.195 to 148E.240;83.17    (6) a declaration that the supervisee has practiced ethically and competently 83.18according to professional social work knowledge, skills, and values;83.19    (7) a list of the content areas in which the supervisee has received supervision, 83.20including the following:83.21    (i) clinical practice, if applicable;83.22    (ii) development of professional social work knowledge, skills, and values;83.23    (iii) practice methods;83.24    (iv) authorized scope of practice;83.25    (v) ensuring continuing competence; and83.26    (vi) ethical standards of practice; and83.27    (8) if applicable, a detailed description of the supervisee's clinical social work 83.28practice, addressing:83.29    (i) the client population, the range of presenting issues, and the diagnoses;83.30    (ii) the clinical modalities that were utilized; and83.31    (iii) the process utilized for determining clinical diagnoses, including the diagnostic 83.32instruments used and the role of the supervisee in the diagnostic process.83.33    (c) The information provided on the verification form must demonstrate to the board's 83.34satisfaction that the supervisee has met the applicable supervised practice requirements.83.35    Subd. 4.Alternative verification of supervised practice.Notwithstanding the 83.36requirements of subdivision 3, the board may accept alternative verification of supervised 84.1practice if a supervisee demonstrates to the satisfaction of the board that the supervisee is 84.2unable to locate a former supervisor to provide the required information.84.3    Sec. 89. [148E.130] CLOCK HOURS REQUIRED.84.4    Subdivision 1.Total clock hours required.At the time of license renewal, a 84.5licensee must provide evidence satisfactory to the board that the licensee has, during the 84.6renewal term, completed at least 40 clock hours of continuing education.84.7    Subd. 2.Ethics requirement.At least two of the clock hours required under 84.8subdivision 1 must be in social work ethics.84.9    Subd. 3.Requirement for LICSWs.For licensed independent clinical social 84.10workers, at least 24 of the clock hours required under subdivision 1 must be in the clinical 84.11content areas specified in section 148E.055, subdivision 5.84.12    Subd. 4.Requirement for supervisors.For social workers providing supervision 84.13according to sections 148E.100 to 148E.125, at least six of the clock hours required under 84.14subdivision 1 must be in the practice of supervision.84.15    Subd. 5.Independent study.Independent study must not consist of more than ten 84.16clock hours of continuing education per renewal term. Independent study must be for 84.17publication, public presentation, or professional development. Independent study includes, 84.18but is not limited to, electronic study. For purposes of subdivision 6, independent study 84.19includes consultation with an experienced supervisor regarding the practice of supervision.84.20    Subd. 6.Coursework.One credit of coursework in a semester-based academic 84.21institution is the equivalent of 15 clock hours.84.22    Subd. 7.Prorated renewal term.If the licensee's renewal term is prorated to be 84.23less or more than 24 months, the required number of continuing education clock hours is 84.24prorated proportionately.84.25    Sec. 90. [148E.135] APPROVAL OF CLOCK HOURS.84.26    Subdivision 1.Ways of approving clock hours.The clock hours required under 84.27section 148E.130 must be approved in one or more of the following ways:84.28    (1) the hours must be offered by a continuing education provider approved by the 84.29board;84.30    (2) the hours must be offered by a continuing education provider approved by the 84.31Association of Social Work Boards or a similar examination body designated by the board;84.32    (3) the hours must be earned through a continuing education program approved by 84.33the National Association of Social Workers; or85.1    (4) the hours must be earned through a continuing education program approved 85.2by the board.85.3    Subd. 2.Preapproval not required.Providers and programs are not required to be 85.4preapproved but must meet the requirements specified in this section.85.5    Sec. 91. [148E.140] VARIANCES.85.6    The board may grant a variance to the continuing education requirements specified 85.7in section 148E.130, when a licensee demonstrates to the satisfaction of the board that the 85.8licensee is unable to complete the required number of clock hours during the renewal term. 85.9The board may allow a licensee to complete the required number of clock hours within a 85.10time frame specified by the board. The board must not allow a licensee to complete less 85.11than the required number of clock hours.85.12    Sec. 92. [148E.145] CONTINUING EDUCATION PROVIDERS APPROVED 85.13BY BOARD.85.14    Subdivision 1.Board approval.(a) The board must approve a continuing education 85.15provider who:85.16    (1) submits a completed application to the board which provides the information 85.17required by subdivision 2 and which meets the criteria specified in subdivision 3; and85.18    (2) pays the provider fee specified in section 148E.180.85.19    (b) An approval is valid for programs offered no later than one year from the date 85.20the application is approved by the board.85.21    Subd. 2.Information required.The information that must be provided to the board 85.22includes, but is not limited to, the following:85.23    (1) the name of the continuing education provider;85.24    (2) the address, telephone number, and e-mail address of a contact person for the 85.25provider;85.26    (3) a signed statement that indicates the provider understands and agrees to abide by 85.27the criteria specified in subdivision 3; and85.28    (4) a signed statement that indicates the provider agrees to furnish a certificate of 85.29attendance to each participant in a program offered by the provider.85.30    Subd. 3.Criteria for programs.(a) A continuing education provider must employ 85.31the following criteria in determining whether to offer a continuing education program:85.32    (1) whether the material to be presented will promote the standards of practice 85.33described in sections 148E.195 to 148E.240;86.1    (2) whether the material to be presented will contribute to the practice of social work 86.2as defined in section 148E.010;86.3    (3) whether the material to be presented is intended for the benefit of practicing 86.4social workers; and86.5    (4) whether the persons presenting the program are qualified in the subject matter 86.6being presented.86.7    (b) The material presented must not be primarily procedural or primarily oriented 86.8towards business practices or self-development.86.9    Subd. 4.Audits.(a) The board may audit programs offered by a continuing 86.10education provider approved by the board to determine compliance with the requirements 86.11of this section.86.12    (b) A continuing education provider audited by the board must provide the 86.13documentation specified in subdivision 5.86.14    Subd. 5.Records retention; continuing education providers.For three years 86.15following the end of each program offered by a continuing education provider, the 86.16provider must maintain the following information:86.17    (1) the title of the program;86.18    (2) a description of the content and objectives of the program;86.19    (3) the date of the program;86.20    (4) the number of clock hours credited for participation in the program;86.21    (5) the program location;86.22    (6) the names and qualifications of the primary presenters;86.23    (7) a description of the primary audience the program was designed for; and86.24    (8) a list of the participants in the program.86.25    Sec. 93. [148E.150] APPROVED CONTINUING EDUCATION PROVIDERS.86.26    In order to receive credit for a program offered by a continuing education provider 86.27approved by the Association of Social Work Boards or a similar examination body 86.28designated by the board, the provider must be listed on the Association of Social Work 86.29Boards Web site as a provider currently approved by the Association of Social Work 86.30Boards or a similar examination body designated by the board.86.31    Sec. 94. [148E.155] APPROVED CONTINUING EDUCATION PROGRAMS.86.32    In order to receive credit for a program approved by the National Association of 86.33Social Workers, the program must be listed on the National Association of Social Workers 86.34Web site as a program currently approved by the National Association of Social Workers.87.1    Sec. 95. [148E.160] CONTINUING EDUCATION PROGRAMS APPROVED 87.2BY BOARD.87.3    Subdivision 1.Required program content.In order to be approved by the board, a 87.4continuing education program must:87.5    (1) promote the standards of practice described in sections 148E.195 to 148E.240;87.6    (2) contribute to the practice of social work as defined in section 148E.010; and87.7    (3) not be primarily procedural or be primarily oriented towards business practices 87.8or self-development.87.9    Subd. 2.Types of continuing education programs.In order to be approved by 87.10the board, a continuing education program must be one of the following: academic 87.11coursework offered by an institution of higher learning; educational workshops, seminars, 87.12or conferences offered by an organization or individual; staff training offered by a public 87.13or private employer; or independent study.87.14    Sec. 96. [148E.165] CONTINUING EDUCATION REQUIREMENTS OF 87.15LICENSEES.87.16    Subdivision 1.Records retention; licensees.For one year following the expiration 87.17date of a license, the licensee must maintain documentation of clock hours earned during 87.18the previous renewal term. The documentation must include the following:87.19    (1) for educational workshops or seminars offered by an organization or at a 87.20conference, a copy of the certificate of attendance issued by the presenter or sponsor 87.21giving the following information:87.22    (i) the name of the sponsor or presenter of the program;87.23    (ii) the title of the workshop or seminar;87.24    (iii) the dates the licensee participated in the program; and87.25    (iv) the number of clock hours completed;87.26    (2) for academic coursework offered by an institution of higher learning, a copy of a 87.27transcript giving the following information:87.28    (i) the name of the institution offering the course;87.29    (ii) the title of the course;87.30    (iii) the dates the licensee participated in the course; and87.31    (iv) the number of credits completed;87.32    (3) for staff training offered by public or private employers, a copy of the certificate 87.33of attendance issued by the employer giving the following information:87.34    (i) the name of the employer;87.35    (ii) the title of the staff training;88.1    (iii) the dates the licensee participated in the program; and88.2    (iv) the number of clock hours completed; and88.3    (4) for independent study, including electronic study, a written summary of the study 88.4conducted, including the following information:88.5    (i) the topics studied;88.6    (ii) a description of the applicability of the study to the licensee's authorized scope of 88.7practice;88.8    (iii) the titles and authors of books and articles consulted or the name of the 88.9organization offering the study;88.10    (iv) the dates the licensee conducted the study; and88.11    (v) the number of clock hours the licensee conducted the study.88.12    Subd. 2.Audits.The board may audit license renewal and reactivation applications 88.13to determine compliance with the requirements of sections 148E.130 to 148E.170. A 88.14licensee audited by the board must provide the documentation specified in subdivision 88.151 regardless of whether the provider or program has been approved by the board, the 88.16Association of Social Work Boards, or a similar examination body designated by the 88.17board, or the National Association of Social Workers.88.18    Sec. 97. [148E.170] REVOCATION OF CONTINUING EDUCATION 88.19APPROVALS.88.20    The board may revoke approval of a provider or of a program offered by a provider, 88.21or of an individual program approved by the board, if the board determines subsequent 88.22to the approval that the provider or program failed to meet the requirements of sections 88.23148E.130 to 148E.170.88.24    Sec. 98. [148E.175] FEES.88.25    The fees specified in section 148E.180 are nonrefundable and must be deposited in 88.26the state government special revenue fund.88.27    Sec. 99. [148E.180] FEE AMOUNTS.88.28    Subdivision 1.Application fees.Application fees for licensure are as follows:88.29    (1) for a licensed social worker, $45;88.30    (2) for a licensed graduate social worker, $45;88.31    (3) for a licensed independent social worker, $90;88.32    (4) for a licensed independent clinical social worker, $90;88.33    (5) for a temporary license, $50; and89.1    (6) for a licensure by endorsement, $150.89.2    The fee for criminal background checks is the fee charged by the Bureau of Criminal 89.3Apprehension. The criminal background check fee must be included with the application 89.4fee as required according to section 148E.055.89.5    Subd. 2.License fees.License fees are as follows:89.6    (1) for a licensed social worker, $115.20;89.7    (2) for a licensed graduate social worker, $201.60;89.8    (3) for a licensed independent social worker, $302.40;89.9    (4) for a licensed independent clinical social worker, $331.20;89.10    (5) for an emeritus license, $43.20; and89.11    (6) for a temporary leave fee, the same as the renewal fee specified in subdivision 3.89.12    If the licensee's initial license term is less or more than 24 months, the required 89.13license fees must be prorated proportionately.89.14    Subd. 3.Renewal fees.Renewal fees for licensure are as follows:89.15    (1) for a licensed social worker, $115.20;89.16    (2) for a licensed graduate social worker, $201.60;89.17    (3) for a licensed independent social worker, $302.40; and89.18    (4) for a licensed independent clinical social worker, $331.20.89.19    Subd. 4.Continuing education provider fees.Continuing education provider 89.20fees are as follows:89.21    (1) for a provider who offers programs totaling one to eight clock hours in a one-year 89.22period according to section 148E.145, $50;89.23    (2) for a provider who offers programs totaling nine to 16 clock hours in a one-year 89.24period according to section 148E.145, $100;89.25    (3) for a provider who offers programs totaling 17 to 32 clock hours in a one-year 89.26period according to section 148E.145, $200;89.27    (4) for a provider who offers programs totaling 33 to 48 clock hours in a one-year 89.28period according to section 148E.145, $400; and89.29    (5) for a provider who offers programs totaling 49 or more clock hours in a one-year 89.30period according to section 148E.145, $600.89.31    Subd. 5.Late fees.Late fees are as follows:89.32    (1) renewal late fee, one-half of the renewal fee specified in subdivision 3; and89.33    (2) supervision plan late fee, $40.89.34    Subd. 6.License cards and wall certificates.(a) The fee for a license card as 89.35specified in section 148E.095 is $10.89.36    (b) The fee for a license wall certificate as specified in section 148E.095 is $30.90.1    Subd. 7.Reactivation fees.Reactivation fees are as follows:90.2    (1) reactivation from a temporary leave or emeritus status, the prorated share of the 90.3renewal fee specified in subdivision 3; and90.4    (2) reactivation of an expired license, 1-1/2 times the renewal fees specified in 90.5subdivision 3.90.6    Sec. 100. [148E.185] PURPOSE OF COMPLIANCE LAWS.90.7    The purpose of sections 148E.185 to 148E.290 is to protect the public by ensuring 90.8that all persons licensed as social workers meet minimum standards of practice. The 90.9board shall promptly and fairly investigate and resolve all complaints alleging violations 90.10of statutes and rules that the board is empowered to enforce and (1) take appropriate 90.11disciplinary action, adversarial action, or other action justified by the facts, or (2) enter 90.12into corrective action agreements or stipulations to cease practice, when doing so is 90.13consistent with the board's obligation to protect the public.90.14    Sec. 101. [148E.190] GROUNDS FOR ACTION.90.15    Subdivision 1.Scope.The grounds for action in subdivisions 2 to 4 and the 90.16standards of practice requirements in sections 148E.195 to 148E.240 apply to all licensees 90.17and applicants.90.18    Subd. 2.Violations.The board has grounds to take action according to sections 90.19148E.255 to 148E.270 when a social worker violates:90.20    (1) a statute or rule enforced by the board, including this section and sections 90.21148E.195 to 148E.240;90.22    (2) a federal or state law or rule related to the practice of social work; or90.23    (3) an order, stipulation, or agreement agreed to or issued by the board.90.24    Subd. 3.Conduct before licensure.A violation of the requirements specified in this 90.25section and sections 148E.195 to 148E.240 is grounds for the board to take action under 90.26sections 148E.255 to 148E.270. The board's jurisdiction to exercise the powers provided in 90.27this section extends to an applicant or licensee's conduct that occurred before licensure if:90.28    (1) the conduct did not meet the minimum accepted and prevailing standards of 90.29professional social work practice at the time the conduct occurred; or90.30    (2) the conduct adversely affects the applicant or licensee's present ability to practice 90.31social work in conformity with the requirements of sections 148E.195 to 148E.240.90.32    Subd. 4.Unauthorized practice.The board has grounds to take action according 90.33to sections 148E.255 to 148E.270 when a social worker:90.34    (1) practices outside the scope of practice authorized by section 148E.050;91.1    (2) engages in the practice of social work without a social work license under 91.2section 148E.055 or 148E.060, except when the social worker is exempt from licensure 91.3under section 148E.065;91.4    (3) provides social work services to a client who receives social work services in 91.5this state, and is not licensed under section 148E.055 or 148E.060, except when the social 91.6worker is exempt from licensure under section 148E.065.91.7    Sec. 102. [148E.195] REPRESENTATIONS TO CLIENTS AND PUBLIC.91.8    Subdivision 1.Required displays and information for clients.(a) A social worker 91.9must conspicuously display at the social worker's places of practice, or make available as 91.10a handout for all clients, information that the client has the right to the following:91.11    (1) to be informed of the social worker's license status, education, training, and 91.12experience;91.13    (2) to examine public data on the social worker maintained by the board;91.14    (3) to report a complaint about the social worker's practice to the board; and91.15    (4) to be informed of the board's mailing address, e-mail address, Web site address, 91.16and telephone number.91.17    (b) A social worker must conspicuously display the social worker's wall certificate at 91.18the social worker's places of practice and office locations. Additional wall certificates may 91.19be requested according to section 148E.095.91.20    Subd. 2.Representations.(a) No applicant or other individual may be represented 91.21to the public by any title incorporating the words "social work" or "social worker" unless 91.22the individual holds a license according to sections 148E.055 and 148E.060 or practices in 91.23a setting exempt from licensure according to section 148E.065.91.24    (b) In all professional use of a social worker's name, the social worker must use 91.25the license designation "LSW" or "licensed social worker" for a licensed social worker, 91.26"LGSW" or "licensed graduate social worker" for a licensed graduate social worker, 91.27"LISW" or "licensed independent social worker" for a licensed independent social worker, 91.28or "LICSW" or "licensed independent clinical social worker" for a licensed independent 91.29clinical social worker.91.30    (c) Public statements or advertisements must not be untruthful, misleading, false, 91.31fraudulent, deceptive, or potentially exploitative of clients, former clients, interns, 91.32students, supervisees, or the public.91.33    (d) A social worker must not:91.34    (1) use licensure status as a claim, promise, or guarantee of successful service;91.35    (2) obtain a license by cheating or employing fraud or deception;92.1    (3) make false statements or misrepresentations to the board or in materials 92.2submitted to the board; or92.3    (4) engage in conduct that has the potential to deceive or defraud a social work 92.4client, intern, student, supervisee, or the public.92.5    Subd. 3.Information on credentials.(a) A social worker must provide accurate 92.6and factual information concerning the social worker's credentials, education, training, 92.7and experience when the information is requested by clients, potential clients, or other 92.8persons or organizations.92.9    (b) A social worker must not misrepresent directly or by implication the social 92.10worker's license, degree, professional certifications, affiliations, or other professional 92.11qualifications in any oral or written communications to clients, potential clients, or other 92.12persons or organizations. A social worker must take reasonable steps to prevent such 92.13misrepresentations by other social workers.92.14    (c) A social worker must not hold out as a person licensed as a social worker without 92.15having a social work license according to sections 148E.055 and 148E.060.92.16    (d) A social worker must not misrepresent directly or by implication (1) affiliations 92.17with institutions or organizations, or (2) purposes or characteristics of institutions or 92.18organizations with which the social worker is or has been affiliated.92.19    Sec. 103. [148E.200] COMPETENCE.92.20    Subdivision 1.Competence.(a) A social worker must provide services and hold 92.21out as competent only to the extent the social worker's education, training, license, 92.22consultation received, supervision experience, or other relevant professional experience 92.23demonstrate competence in the services provided. A social worker must make a referral 92.24to a competent professional when the services required are beyond the social worker's 92.25competence or authorized scope of practice.92.26    (b) When generally recognized standards do not exist with respect to an emerging 92.27area of practice, including but not limited to providing social work services through 92.28electronic means, a social worker must take the steps necessary, such as consultation or 92.29supervision, to ensure the competence of the social worker's work and to protect clients 92.30from harm.92.31    Subd. 2.Supervision or consultation.Notwithstanding the completion of 92.32supervision requirements as specified in sections 148E.100 to 148E.125, a social worker 92.33must obtain supervision or engage in consultation when appropriate or necessary for 92.34competent and ethical practice.93.1    Subd. 3.Delegation of social work responsibilities.(a) A social worker must not 93.2delegate a social work responsibility to another individual when the social worker knows 93.3or reasonably should know that the individual is not licensed when required to be licensed 93.4according to sections 148E.055 and 148E.060.93.5    (b) A social worker must not delegate a social work responsibility to another 93.6individual when the social worker knows or reasonably should know that the individual is 93.7not competent to assume the responsibility or perform the task.93.8    Sec. 104. [148E.205] IMPAIRMENT.93.9    Subdivision 1.Grounds for action.The board has grounds to take action under 93.10sections 148E.255 to 148E.270 when a social worker is unable to practice with reasonable 93.11skill and safety by reason of illness, use of alcohol, drugs, chemicals, or any other 93.12materials, or as a result of any mental, physical, or psychological condition.93.13    Subd. 2.Self-reporting.A social worker regulated by the board who is unable 93.14to practice with reasonable skill and safety by reason of illness, use of alcohol, drugs, 93.15chemicals, or any other materials, or as a result of any mental, physical, or psychological 93.16condition, must report to the board or the health professionals services program.93.17    Sec. 105. [148E.210] PROFESSIONAL AND ETHICAL CONDUCT.93.18    The board has grounds to take action under sections 148E.255 to 148E.270 when a 93.19social worker:93.20    (1) engages in unprofessional or unethical conduct, including any departure from 93.21or failure to conform to the minimum accepted ethical and other prevailing standards of 93.22professional social work practice, without actual injury to a social work client, intern, 93.23student, supervisee, or the public needing to be established;93.24    (2) engages in conduct that has the potential to cause harm to a client, intern, 93.25student, supervisee, or the public;93.26    (3) demonstrates a willful or careless disregard for the health, welfare, or safety of 93.27a client, intern, student, or supervisee; or93.28    (4) engages in acts or conduct adversely affecting the applicant or licensee's current 93.29ability or fitness to engage in social work practice, whether or not the acts or conduct 93.30occurred while engaged in the practice of social work.93.31    Sec. 106. [148E.215] RESPONSIBILITIES TO CLIENTS.94.1    Subdivision 1.Responsibility to clients.A social worker's primary professional 94.2responsibility is to the client. A social worker must respect the client's interests, including 94.3the interest in self-determination, except when required to do otherwise by law.94.4    Subd. 2.Nondiscrimination.A social worker must not discriminate against 94.5a client, intern, student, or supervisee or in providing services to a client, intern, or 94.6supervisee on the basis of age, gender, sexual orientation, race, color, national origin, 94.7religion, illness, disability, political affiliation, or social or economic status.94.8    Subd. 3.Research.When undertaking research activities, a social worker must 94.9use accepted protocols for the protection of human subjects, including (1) establishing 94.10appropriate safeguards to protect the subject's vulnerability, and (2) obtaining the subjects' 94.11informed consent.94.12    Sec. 107. [148E.220] RELATIONSHIPS WITH CLIENTS, FORMER CLIENTS, 94.13AND OTHERS.94.14    Subdivision 1.Social worker responsibility.(a) A social worker is responsible for 94.15acting professionally in relationships with clients or former clients. A client or a former 94.16client's initiation of, or attempt to engage in, or request to engage in, a personal, sexual, or 94.17business relationship is not a defense to a violation of this section.94.18    (b) When a relationship is permitted by this section, social workers who engage in 94.19such a relationship assume the full burden of demonstrating that the relationship will not 94.20be detrimental to the client or the professional relationship.94.21    Subd. 2.Professional boundaries.A social worker must maintain appropriate 94.22professional boundaries with a client. A social worker must not engage in practices with 94.23clients that create an unacceptable risk of client harm or of impairing a social worker's 94.24objectivity or professional judgment. A social worker must not act or fail to act in a way 94.25that, as judged by a reasonable and prudent social worker, inappropriately encourages 94.26the client to relate to the social worker outside of the boundaries of the professional 94.27relationship, or in a way that interferes with the client's ability to benefit from social work 94.28services from the social worker.94.29    Subd. 3.Misuse of professional relationship.A social worker must not use the 94.30professional relationship with a client, student, supervisee, or intern to further the social 94.31worker's personal, emotional, financial, sexual, religious, political, or business benefit or 94.32interests.94.33    Subd. 4.Improper termination.A social worker must not terminate a professional 94.34relationship for the purpose of beginning a personal, sexual, or business relationship 94.35with a client.95.1    Subd. 5.Personal relationship with a client.(a) Except as provided in paragraph 95.2(b), a social worker must not engage in a personal relationship with a client that creates a 95.3risk of client harm or of impairing a social worker's objectivity or professional judgment.95.4    (b) Notwithstanding paragraph (a), if a social worker is unable to avoid a personal 95.5relationship with a client, the social worker must take appropriate precautions, such as 95.6consultation or supervision, to address the potential for risk of client harm or of impairing 95.7a social worker's objectivity or professional judgment.95.8    Subd. 6.Personal relationship with a former client.A social worker may 95.9engage in a personal relationship with a former client after appropriate termination of the 95.10professional relationship, except:95.11    (1) as prohibited by subdivision 8; or95.12    (2) if a reasonable and prudent social worker would conclude after appropriate 95.13assessment that (i) the former client is emotionally dependent on the social worker or 95.14continues to relate to the social worker as a client, or (ii) the social worker is emotionally 95.15dependent on the client or continues to relate to the former client as a social worker.95.16    Subd. 7.Sexual conduct with a client.A social worker must not engage in or 95.17suggest sexual conduct with a client.95.18    Subd. 8.Sexual conduct with a former client.(a) A social worker who has 95.19engaged in diagnosing, counseling, or treating a client with mental, emotional, or 95.20behavioral disorders must not engage in or suggest sexual conduct with the former client 95.21under any circumstances for a period of two years following the termination of the 95.22professional relationship. After two years following the termination of the professional 95.23relationship, a social worker who has engaged in diagnosing, counseling, or treating 95.24a client with a mental, emotional, or behavioral disorder must not engage in or suggest 95.25sexual conduct with the former client under any circumstances unless:95.26    (1) the social worker did not intentionally or unintentionally coerce, exploit, deceive, 95.27or manipulate the former client at any time;95.28    (2) the social worker did not represent to the former client that sexual conduct with 95.29the social worker is consistent with or part of the client's treatment;95.30    (3) the social worker's sexual conduct was not detrimental to the former client at 95.31any time;95.32    (4) the former client is not emotionally dependent on the social worker and does 95.33not continue to relate to the social worker as a client; and95.34    (5) the social worker is not emotionally dependent on the client and does not 95.35continue to relate to the former client as a social worker.96.1    (b) If there is an alleged violation of paragraph (a), the social worker assumes the 96.2full burden of demonstrating to the board that the social worker did not intentionally or 96.3unintentionally coerce, exploit, deceive, or manipulate the client, and the social worker's 96.4sexual conduct was not detrimental to the client at any time. Upon request, a social worker 96.5must provide information to the board addressing:96.6    (1) the amount of time that has passed since termination of services;96.7    (2) the duration, intensity, and nature of services;96.8    (3) the circumstances of termination of services;96.9    (4) the former client's emotional, mental, and behavioral history;96.10    (5) the former client's current emotional, mental, and behavioral status;96.11    (6) the likelihood of adverse impact on the former client; and96.12    (7) the existence of actions, conduct, or statements made by the social worker during 96.13the course of services suggesting or inviting the possibility of a sexual relationship with 96.14the client following termination of services.96.15    (c) A social worker who has provided social work services other than those 96.16described in paragraph (a) to a client must not engage in or suggest sexual conduct 96.17with the former client if a reasonable and prudent social worker would conclude after 96.18appropriate assessment that engaging in such behavior with the former client would create 96.19an unacceptable risk of harm to the former client.96.20    Subd. 9.Sexual conduct with student, supervisee, or intern.(a) A social worker 96.21must not engage in or suggest sexual conduct with a student while the social worker has 96.22authority over any part of the student's academic program.96.23    (b) A social worker supervising an intern must not engage in or suggest sexual 96.24conduct with the intern during the course of the internship.96.25    (c) A social worker practicing social work as a supervisor must not engage in or 96.26suggest sexual conduct with a supervisee during the period of supervision.96.27    Subd. 10.Sexual harassment.A social worker must not engage in any physical, 96.28oral, written, or electronic behavior that a client, former client, student, supervisee, or 96.29intern may reasonably interpret as sexually harassing or sexually demeaning.96.30    Subd. 11.Business relationship with client.A social worker must not purchase 96.31goods or services from a client or otherwise engage in a business relationship with a 96.32client except when:96.33    (1) a social worker purchases goods or services from the client and a reasonable and 96.34prudent social worker would determine that it is not practical or reasonable to obtain the 96.35goods or services from another provider; and97.1    (2) engaging in the business relationship will not be detrimental to the client or the 97.2professional relationship.97.3    Subd. 12.Business relationship with former client.A social worker may purchase 97.4goods or services from a former client or otherwise engage in a business relationship with 97.5a former client after appropriate termination of the professional relationship unless a 97.6reasonable and prudent social worker would conclude after appropriate assessment that:97.7    (1) the former client is emotionally dependent on the social worker and purchasing 97.8goods or services from the former client or otherwise engaging in a business relationship 97.9with the former client would be detrimental to the former client; or97.10    (2) the social worker is emotionally dependent on the former client and purchasing 97.11goods or services from the former client or otherwise engaging in a business relationship 97.12with the former client would be detrimental to the former client.97.13    Subd. 13.Previous sexual, personal, or business relationship.(a) A social worker 97.14must not engage in a social worker/client relationship with an individual with whom the 97.15social worker had a previous sexual relationship.97.16    (b) A social worker must not engage in a social worker/client relationship with an 97.17individual with whom the social worker had a previous personal or business relationship if 97.18a reasonable and prudent social worker would conclude after appropriate assessment that 97.19the social worker/client relationship would create an unacceptable risk of client harm or 97.20that the social worker's objectivity or professional judgment may be impaired.97.21    Subd. 14.Giving alcohol or other drugs to client.(a) Unless authorized by law, a 97.22social worker must not offer medication or controlled substances to a client.97.23    (b) A social worker must not accept medication or controlled substances from 97.24a client, except that if authorized by law, a social worker may accept medication or 97.25controlled substances from a client for purposes of disposal or to monitor use.97.26    (c) A social worker must not offer alcoholic beverages to a client except when 97.27the offer is authorized or prescribed by a physician or is offered according to a client's 97.28care plan.97.29    (d) A social worker must not accept alcoholic beverages from a client.97.30    Subd. 15.Relationship with client's family or household member.Subdivisions 97.311 to 14 apply to a social worker's relationship with a client's family or household member 97.32when a reasonable and prudent social worker would conclude after appropriate assessment 97.33that a relationship with a family or household member would create an unacceptable 97.34risk of harm to the client.97.35    Sec. 108. [148E.225] TREATMENT AND INTERVENTION SERVICES.98.1    Subdivision 1.Assessment or diagnosis.A social worker must base treatment and 98.2intervention services on an assessment or diagnosis. A social worker must evaluate, on an 98.3ongoing basis, the appropriateness of the assessment or diagnosis.98.4    Subd. 2.Assessment or diagnostic instruments.A social worker must not use 98.5an assessment or diagnostic instrument without adequate training. A social worker 98.6must follow standards and accepted procedures for using an assessment or diagnostic 98.7instrument. A social worker must inform a client of the purpose before administering the 98.8instrument and must make the results available to the client.98.9    Subd. 3.Plan for services.A social worker must develop a plan for services that 98.10includes goals based on the assessment or diagnosis. A social worker must evaluate, on an 98.11ongoing basis, the appropriateness of the plan and the client's progress toward the goals.98.12    Subd. 4.Records.(a) A social worker must make and maintain current and 98.13accurate records, appropriate to the circumstances, of all services provided to a client. At 98.14a minimum, the records must contain documentation of:98.15    (1) the assessment or diagnosis;98.16    (2) the content of the service plan;98.17    (3) progress with the plan and any revisions of assessment, diagnosis, or plan;98.18    (4) any fees charged and payments made;98.19    (5) copies of all client-written authorizations for release of information; and98.20    (6) other information necessary to provide appropriate services.98.21    (b) These records must be maintained by the social worker for at least seven years 98.22after the last date of service to the client. Social workers who are employed by an agency 98.23or other entity are not required to:98.24    (1) maintain personal or separate records; or98.25    (2) personally retain records at the conclusion of their employment.98.26    Subd. 5.Termination of services.A social worker must terminate a professional 98.27relationship with a client when the social worker reasonably determines that the client 98.28is not likely to benefit from continued services or the services are no longer needed, 98.29unless the social worker is required by law to provide services. A social worker who 98.30anticipates terminating services must give reasonable notice to the client in a manner that 98.31is appropriate to the needs of the client. The social worker must provide appropriate 98.32referrals as needed or upon request of the client.98.33    Sec. 109. [148E.230] CONFIDENTIALITY AND RECORDS.98.34    Subdivision 1.Informed consent.(a) A social worker must obtain valid, informed 98.35consent, appropriate to the circumstances, before providing services to clients. When 99.1obtaining informed consent, the social worker must determine whether the client has the 99.2capacity to provide informed consent. If the client does not have the capacity to provide 99.3consent, the social worker must obtain consent for the services from the client's legal 99.4representative. The social worker must not provide services, unless authorized or required 99.5by law, if the client or the client's legal representative does not consent to the services.99.6    (b) If a social worker determines that a client does not have the capacity to provide 99.7consent, and the client does not have a legal representative, the social worker:99.8    (1) must, except as provided in clause (2), secure a legal representative for a client 99.9before providing services; or99.10    (2) may, notwithstanding clause (1), provide services, except when prohibited by 99.11other applicable law, that are necessary to ensure the client's safety or to preserve the 99.12client's property or financial resources.99.13    (c) A social worker must use clear and understandable language, including using an 99.14interpreter proficient in the client's primary language as necessary, to inform clients of 99.15the plan of services, risks related to the plan, limits to services, relevant costs, terms of 99.16payment, reasonable alternatives, the client's right to refuse or withdraw consent, and the 99.17time frame covered by the consent.99.18    Subd. 2.Mandatory reporting and disclosure of client information.At the 99.19beginning of a professional relationship and during the professional relationship as 99.20necessary and appropriate, a social worker must inform the client of those circumstances 99.21under which the social worker may be required to disclose client information specified in 99.22subdivision 3, paragraph (a), without the client's consent.99.23    Subd. 3.Confidentiality of client information.(a) A social worker must ensure the 99.24confidentiality of all client information obtained in the course of the social worker/client 99.25relationship and all client information otherwise obtained by the social worker that is 99.26relevant to the social worker/client relationship. Except as provided in this section, 99.27client information may be disclosed or released only with the client's or the client's legal 99.28representative's valid informed consent, appropriate to the circumstances, except when 99.29otherwise required by law. A social worker must seek consent to disclose or release 99.30client information only when such disclosure or release is necessary to provide social 99.31work services.99.32    (b) A social worker must continue to maintain confidentiality of the client 99.33information specified in paragraph (a) upon termination of the professional relationship 99.34including upon the death of the client, except as provided under this section or other 99.35applicable law.100.1    (c) A social worker must limit access to the client information specified in paragraph 100.2(a) in a social worker's agency to appropriate agency staff whose duties require access.100.3    Subd. 4.Release of client information with written informed consent.(a) Except 100.4as provided in subdivision 5, client information specified in subdivision 3, paragraph (a), 100.5may be released only with the client's or the client's legal representative's written informed 100.6consent. The written informed consent must:100.7    (1) explain to whom the client's records may be released;100.8    (2) explain the purpose for the release; and100.9    (3) state an expiration date for the authorized release of the records.100.10    (b) A social worker may provide client information specified in subdivision 3, 100.11paragraph (a), to a third party for the purpose of payment for services rendered only 100.12with the client's written informed consent.100.13    (c) Except as provided in subdivision 5, a social worker may disclose client 100.14information specified in subdivision 3, paragraph (a), only with the client's or the client's 100.15legal representative's written informed consent. When it is not practical to obtain written 100.16informed consent before providing necessary services, a social worker may disclose 100.17or release client information with the client's or the client's legal representative's oral 100.18informed consent.100.19    (d) Unless otherwise authorized by law, a social worker must obtain a client's written 100.20informed consent before taking a photograph of the client or making an audio or video 100.21recording of the client, or allowing a third party to do the same. The written informed 100.22consent must explain:100.23    (1) the purpose of the photograph or the recording and how the photograph or 100.24recording will be used, how it will be stored, and when it will be destroyed; and100.25    (2) how the client may have access to the photograph or recording.100.26    Subd. 5.Release of client information without written informed consent.(a) A 100.27social worker may disclose client information specified in subdivision 3, paragraph (a), 100.28without the written consent of the client or the client's legal representative only under the 100.29following circumstances or under the circumstances described in paragraph (b):100.30    (1) when mandated or authorized by federal or state law, including the mandatory 100.31reporting requirements under the duty to warn, maltreatment of minors, and vulnerable 100.32adult laws specified in section 148E.240, subdivisions 6 to 8;100.33    (2) when the board issues a subpoena to the social worker; or100.34    (3) when a court of competent jurisdiction orders release of the client records 100.35or information.101.1    (b) When providing services authorized or required by law to a client who does 101.2not have the capacity to provide consent and who does not have a legal representative, 101.3a social worker must disclose or release client records or information as necessary to 101.4provide services to ensure the client's safety or to preserve the client's property or financial 101.5resources.101.6    Subd. 6.Release of client records or information.When releasing client records 101.7or information under this section, a social worker must release current, accurate, and 101.8complete records or information.101.9    Sec. 110. [148E.235] FEES AND BILLING PRACTICES.101.10    Subdivision 1.Fees and payments.(a) A social worker must ensure that a client or 101.11a client's legal representative is informed of all fees at the initial session or meeting with 101.12the client, and that payment for services is arranged with the client or the client's legal 101.13representative at the beginning of the professional relationship. Upon request from a client 101.14or a client's legal representative, a social worker must provide in a timely manner a written 101.15payment plan or a written explanation of the charges for any services rendered.101.16    (b) When providing services authorized or required by law to a client who does not 101.17have the capacity to provide consent and who does not have a legal representative, a social 101.18worker may submit reasonable bills to an appropriate payer for services provided.101.19    Subd. 2.Billing for services not provided.A social worker must not bill for 101.20services that have not been provided except that, with prior notice to the client, a social 101.21worker may bill for failed appointments or for cancellations without sufficient notice. A 101.22social worker may bill only for provided services which are necessary and appropriate. 101.23Financial responsibility for failed appointment billings resides solely with the client and 101.24such costs may not be billed to public or private payers.101.25    Subd. 3.No payment for referrals.A social worker must not accept or give a 101.26commission, rebate, or other form of remuneration solely or primarily to profit from the 101.27referral of a client.101.28    Subd. 4.Fees and billing practices.A social worker must not engage in improper 101.29or fraudulent billing practices, including, but not limited to, violations of the federal 101.30Medicare and Medicaid laws or state medical assistance laws.101.31    Sec. 111. [148E.240] REPORTING REQUIREMENTS.101.32    Subdivision 1.Failure to self-report adverse actions.The board has grounds to 101.33take action under sections 148E.255 to 148E.270 when a social worker fails to report to 101.34the board within 90 days:102.1    (1) having been disciplined, sanctioned, or found to have violated a state, territorial, 102.2provincial, or foreign licensing agency's laws or rules;102.3    (2) having been convicted of committing a felony, gross misdemeanor, or 102.4misdemeanor reasonably related to the practice of social work;102.5    (3) having had a finding or verdict of guilt, whether or not the adjudication of guilt 102.6is withheld or not entered, of committing a felony, gross misdemeanor, or misdemeanor 102.7reasonably related to the practice of social work;102.8    (4) having admitted to committing, or entering a no contest plea to committing, a 102.9felony, gross misdemeanor, or misdemeanor reasonably related to the practice of social 102.10work; or102.11    (5) having been denied licensure by a state, territorial, provincial, or foreign 102.12licensing agency.102.13    Subd. 2.Failure to submit application information.The board has grounds to 102.14take action under sections 148E.255 to 148E.270 when an applicant or licensee fails to 102.15submit with an application the following information:102.16    (1) the dates and dispositions of any malpractice settlements or awards made relating 102.17to the social work services provided by the applicant or licensee; or102.18    (2) the dates and dispositions of any civil litigations or arbitrations relating to the 102.19social work services provided by the applicant or licensee.102.20    Subd. 3.Reporting other licensed health professionals.An applicant or licensee 102.21must report to the appropriate health-related licensing board conduct by a licensed health 102.22professional which would constitute grounds for disciplinary action under the statutes 102.23and rules enforced by that board.102.24    Subd. 4.Reporting unlicensed practice.An applicant or licensee must report 102.25to the board conduct by an unlicensed person which constitutes the practice of social 102.26work, as defined in section 148E.010, except when the unlicensed person is exempt from 102.27licensure according to section 148E.065.102.28    Subd. 5.Failure to report other applicants or licensees; unlicensed practice.102.29    The board has grounds to take action under sections 148E.255 to  148E.270 when an 102.30applicant or licensee fails to report to the board conduct:102.31    (1) by another licensee or applicant which the applicant or licensee has reason to 102.32believe may reasonably constitute grounds for disciplinary action under this section; or102.33    (2) by an unlicensed person that constitutes the practice of social work when a 102.34license is required to practice social work.102.35    Subd. 6.Duty to warn.A licensee must comply with the duty to warn established 102.36by section 148.975.103.1    Subd. 7.Reporting maltreatment of minors.An applicant or licensee must 103.2comply with the reporting of maltreatment of minors established by section 626.556.103.3    Subd. 8.Reporting maltreatment of vulnerable adults.An applicant or licensee 103.4must comply with the reporting of maltreatment of vulnerable adults established by 103.5section 626.557.103.6    Subd. 9.Subpoenas.The board may issue subpoenas according to section 103.7148E.245 and chapter 214 for the production of any reports required by this section or 103.8any related documents.103.9    Sec. 112. [148E.245] INVESTIGATIVE POWERS AND PROCEDURES.103.10    Subdivision 1.Subpoenas.(a) The board may issue subpoenas and compel the 103.11attendance of witnesses and the production of all necessary papers, books, records, 103.12documents, and other evidentiary material as part of its investigation of an applicant or 103.13licensee under this section or chapter 214.103.14    (b) If any person fails or refuses to appear or testify regarding any matter about which 103.15the person may be lawfully questioned, or fails or refuses to produce any papers, books, 103.16records, documents, or other evidentiary materials in the matter to be heard, after having 103.17been required by order of the board or by a subpoena of the board to do so, the board may 103.18institute a proceeding in any district court to enforce the board's order or subpoena.103.19    (c) The board or a designated member of the board acting on behalf of the board 103.20may issue subpoenas or administer oaths to witnesses or take affirmations. Depositions 103.21may be taken within or out of the state in the manner provided by law for the taking of 103.22depositions in civil actions.103.23    (d) A subpoena or other process or paper may be served upon any person named 103.24therein, by mail or by any officer authorized to serve subpoenas or other process or paper 103.25in civil actions, with the same fees and mileage and in the same manner as prescribed by 103.26law for service of process issued out of the district court of this state.103.27    (e) Fees, mileage, and other costs must be paid as the board directs.103.28    Subd. 2.Classification of data.(a) Any records obtained as part of an investigation 103.29must be treated as investigative data under section 13.41 and be classified as confidential 103.30data.103.31    (b) Notwithstanding paragraph (a), client records must be treated as private data 103.32under chapter 13. Client records must be protected as private data in the records of the 103.33board and in administrative or judicial proceedings unless the client authorizes the board 103.34in writing to make public the identity of the client or a portion or all of the client's records.104.1    Subd. 3.Mental or physical examination; chemical dependency evaluation.(a) 104.2If the board (1) has probable cause to believe that an applicant or licensee has violated 104.3a statute or rule enforced by the board or an order issued by the board; and (2) believes 104.4the applicant may have a health-related condition relevant to the violation, the board may 104.5issue an order directing the applicant or licensee to submit to one or more of the following: 104.6a mental examination, a physical examination, or a chemical dependency evaluation.104.7    (b) An examination or evaluation order issued by the board must include:104.8    (1) factual specifications on which the order is based;104.9    (2) the purpose of the examination or evaluation;104.10    (3) the name of the person or entity that will conduct the examination or evaluation; 104.11and104.12    (4) the means by which the examination or evaluation will be paid for.104.13    (c) Every applicant or licensee must submit to a mental examination, a physical 104.14examination, or a chemical dependency evaluation when ordered to do so in writing 104.15by the board.104.16    (d) By submitting to a mental examination, a physical examination, or a chemical 104.17dependency evaluation, an applicant or licensee waives all objections to the admissibility 104.18of the examiner or evaluator's testimony or reports on the grounds that the testimony or 104.19reports constitute a privileged communication.104.20    Subd. 4.Failure to submit to an examination.(a) If an applicant or licensee fails 104.21to submit to an examination or evaluation ordered by the board according to subdivision 3, 104.22unless the failure was due to circumstances beyond the control of the applicant or licensee, 104.23the failure is an admission that the applicant or licensee violated a statute or rule enforced 104.24by the board as specified in the examination or evaluation order issued by the board. 104.25The failure may result in an application being denied or other adversarial, corrective, or 104.26disciplinary action being taken by the board without a contested case hearing.104.27    (b) If an applicant or licensee requests a contested case hearing after the board 104.28denies an application or takes other disciplinary or adversarial action, the only issues 104.29which may be determined at the hearing are:104.30    (1) whether the board had probable cause to issue the examination or evaluation 104.31order; and104.32    (2) whether the failure to submit to the examination or evaluation was due to 104.33circumstances beyond the control of the applicant or licensee.104.34    (c) Neither the record of a proceeding under this subdivision nor an order issued 104.35by the board may be admissible, subject to subpoena, or be used against the applicant or 104.36licensee in a proceeding in which the board is not a party or decision maker.105.1    (d) Information obtained under this subdivision must be treated as private data under 105.2chapter 13. An order issued by the board as the result of an applicant's or licensee's failure 105.3to submit to an examination or evaluation must be treated as public data under chapter 13.105.4    Subd. 5.Access to data and records.(a) In addition to ordering a physical or 105.5mental examination or chemical dependency evaluation, and notwithstanding section 105.613.384, 144.651, 595.02, or any other statute limiting access to health records, the board 105.7or a designated member of the board acting on behalf of the board may subpoena physical, 105.8mental, and chemical dependency health records relating to an applicant or licensee 105.9without the applicant's or licensee's consent if:105.10    (1) the board has probable cause to believe that the applicant or licensee has violated 105.11chapter 214, a statute or rule enforced by the board, or an order issued by the board; and105.12    (2) the board has reason to believe that the records are relevant and necessary to the 105.13investigation.105.14    (b) An applicant, licensee, insurance company, government agency, health care 105.15facility, or provider as defined in section 144.335, subdivision 1, paragraph (b), must 105.16comply with any subpoena of the board under this subdivision and is not liable in 105.17any action for damages for releasing information subpoenaed by the board under this 105.18subdivision unless the information provided is false and the person or entity providing the 105.19information knew or had reason to know that the information was false.105.20    (c) Information on individuals obtained under this subdivision must be treated as 105.21investigative data under section 13.41 and be classified as confidential data.105.22    (d) If an applicant, licensee, person, or entity does not comply with any subpoena of 105.23the board under this subdivision, the board may institute a proceeding in any district court 105.24to enforce the board's subpoena.105.25    Subd. 6.Evidence of past sexual conduct.If, in a proceeding for taking action 105.26against an applicant or licensee under this section, the charges involve sexual contact with 105.27a client or former client, the board or administrative law judge must not consider evidence 105.28of the client's or former client's previous sexual conduct. Reference to the client's or 105.29former client's previous sexual conduct must not be made during the proceedings or in the 105.30findings, except by motion of the complainant, unless the evidence would be admissible 105.31under the applicable provisions of section 609.347, subdivision 3.105.32    Subd. 7.Investigations involving vulnerable adults or children in need of 105.33protection.(a) Except as provided in paragraph (b), if the board receives a complaint 105.34about a social worker regarding the social worker's involvement in a case of vulnerable 105.35adults or children in need of protection, the county or other appropriate public authority 106.1may request that the board suspend its investigation, and the board must comply until such 106.2time as the court issues its findings on the case.106.3    (b) Notwithstanding paragraph (a), the board may continue with an investigation if 106.4the board determines that doing so is in the best interests of the vulnerable adult or a child 106.5in need of protection and is consistent with the board's obligation to protect the public. If 106.6the board chooses to continue an investigation, the board must notify the county or other 106.7appropriate public authority in writing and state its reasons for doing so.106.8    Subd. 8.Notification of complainant.(a) In no more than 14 calendar days after 106.9receiving a complaint regarding a licensee, the board must notify the complainant that the 106.10board has received the complaint.106.11    (b) The board must periodically notify the complainant of the status of the complaint.106.12    Subd. 9.Notification of licensee.(a) Except as provided in paragraph (b), in no 106.13more than 60 calendar days after receiving a complaint regarding a licensee, the board must 106.14notify the licensee that the board has received the complaint and inform the licensee of:106.15    (1) the substance of the complaint;106.16    (2) the sections of the law that allegedly have been violated; and106.17    (3) whether an investigation is being conducted.106.18    (b) Paragraph (a) does not apply if:106.19    (1) the board determines that such notice would compromise the board's investigation 106.20according to section 214.10; or106.21    (2) the board determines that such notice cannot reasonably be accomplished within 106.22this time.106.23    (c) The board must periodically notify the licensee of the status of the complaint.106.24    Subd. 10.Resolution of complaints.In no more than one year after receiving a 106.25complaint regarding a licensee, the board must resolve or dismiss the complaint unless 106.26the board determines that resolving or dismissing the complaint cannot reasonably be 106.27accomplished within this time.106.28    Sec. 113. [148E.250] OBLIGATION TO COOPERATE.106.29    Subdivision 1.Obligation to cooperate.An applicant or licensee who is the subject 106.30of an investigation, or who is questioned by or on behalf of the board in connection with 106.31an investigation, must cooperate fully with the investigation. Cooperation includes, but is 106.32not limited to:106.33    (1) responding fully and promptly to any question relating to the investigation;106.34    (2) as reasonably requested by the board, providing copies of client and other records 106.35in the applicant's or licensee's possession relating to the investigation;107.1    (3) executing release of records as reasonably requested by the board; and107.2    (4) appearing at conferences, hearings, or meetings scheduled by the board, as 107.3required in sections 148E.255 to 148E.270 and chapter 214.107.4    Subd. 2.Investigation.A social worker must not knowingly withhold relevant 107.5information, give false or misleading information, or do anything to obstruct an 107.6investigation of the social worker or another social worker by the board or by another state 107.7or federal regulatory or law enforcement authority.107.8    Subd. 3.Payment for copies.The board must pay for copies requested by the board.107.9    Subd. 4.Access to client records.Notwithstanding any law to the contrary, an 107.10applicant or licensee must allow the board access to any records of a client provided 107.11services by the applicant or licensee under investigation. If the client has not signed a 107.12consent permitting access to the client's records, the applicant or licensee must delete any 107.13data in the records that identifies the client before providing the records to the board.107.14    Subd. 5.Classification of data.Any records obtained according to this subdivision 107.15must be treated as investigative data according to section 13.41 and be classified as 107.16confidential data.107.17    Sec. 114. [148E.255] TYPES OF ACTIONS.107.18    Subdivision 1.Actions.The board may take disciplinary action according to 107.19section 148E.260, adversarial but nondisciplinary action according to section 148E.265, 107.20or voluntary action according to section 148E.270. Any action taken under sections 107.21148E.260 to 148E.270 is public data.107.22    Subd. 2.Disciplinary action.For purposes of section 148E.260, "disciplinary 107.23action" means an action taken by the board against an applicant or licensee that addresses 107.24a complaint alleging a violation of a statute or rule the board is empowered to enforce.107.25    Subd. 3.Adversarial but nondisciplinary action.For purposes of section 107.26148E.265, "adversarial but nondisciplinary action" means a nondisciplinary action taken 107.27by the board that addresses a complaint alleging a violation of a statute or rule the board 107.28is empowered to enforce.107.29    Subd. 4.Voluntary action.For purposes of section 148E.270, "voluntary action" 107.30means a nondisciplinary action agreed to by the board or a designated board member and 107.31an applicant or licensee that, through educational or other corrective means, addresses a 107.32complaint alleging a violation of a statute or rule that the board is empowered to enforce.107.33    Sec. 115. [148E.260] DISCIPLINARY ACTIONS.108.1    Subdivision 1.General disciplinary actions.(a) When the board has grounds for 108.2disciplinary actions under this chapter, the board may take one or more of the following 108.3disciplinary actions:108.4    (1) deny an application;108.5    (2) permanently revoke a license to practice social work;108.6    (3) indefinitely or temporarily suspend a license to practice social work;108.7    (4) impose restrictions on a licensee's scope of practice;108.8    (5) impose conditions required for the licensee to maintain licensure, including, 108.9but not limited to, additional education, supervision, and requiring the passing of an 108.10examination provided for in section 148E.055;108.11    (6) reprimand a licensee;108.12    (7) impose a civil penalty of up to $10,000 for each violation in order to discourage 108.13future violations or to deprive the licensee of any economic advantage gained by reason 108.14of the violation; or108.15    (8) impose a fee to reimburse the board for all or part of the cost of the proceedings 108.16resulting in disciplinary action, including, but not limited to, the amount paid by the board 108.17for services received from or expenses incurred by the Office of Administrative Hearings, 108.18the Office of the Attorney General, court reporters, witnesses, board members, board staff, 108.19or the amount paid by the board for reproducing records.108.20    (b) Disciplinary action taken by the board under this subdivision is in effect pending 108.21determination of an appeal unless the court, upon petition and for good cause shown, 108.22decides otherwise.108.23    Subd. 2.Reprimands.(a) In addition to the board's authority to issue a reprimand 108.24according to subdivision 1, a designated board member reviewing a complaint as provided 108.25for in chapter 214 may issue a reprimand to a licensee. The designated board member 108.26must notify the licensee that the reprimand will become final disciplinary action unless the 108.27licensee requests a hearing by the board within 14 calendar days.108.28    (b) If the licensee requests a hearing within 14 calendar days, the board must 108.29schedule a hearing unless the designated board member withdraws the reprimand.108.30    (c) The hearing must be scheduled within 14 working days of the time the licensee 108.31submits a request for the hearing.108.32    (d) The designated board member who issued the reprimand may participate in the 108.33hearing but must not deliberate or vote on the decision by the board.108.34    (e) The only evidence permitted at the hearing is affidavits or other documents 108.35except for testimony by the licensee or other witnesses whose testimony the board chair 108.36has authorized for good cause.109.1    (f) If testimony is authorized, the testimony is subject to cross-examination.109.2    (g) After the hearing, the board must affirm or dismiss the reprimand.109.3    Subd. 3.Temporary suspensions.(a) In addition to any other remedy provided 109.4by statute, the board or a designated board member may, without a hearing, temporarily 109.5suspend a license to practice social work if the board or the designated board member 109.6finds that:109.7    (1) the licensee has violated a statute or rule enforced by the board, any other federal 109.8or state law or rule related to the practice of social work, or an order, stipulation, or 109.9agreement agreed to or issued by the board; and109.10    (2) continued practice by the licensee would create a serious risk of harm to others.109.11    (b) The suspension is in effect upon service of a written order on the licensee 109.12specifying the statute, rule, order, stipulation, or agreement violated. Service of the order 109.13is effective if the order is served on the licensee or the licensee's attorney personally or 109.14by first class mail to the most recent address provided to the board for the licensee or the 109.15licensee's attorney.109.16    (c) The temporary suspension remains in effect until after the board issues an order 109.17according to paragraph (e), or if there is a contested case hearing, after the board issues a 109.18written final order according to paragraph (g).109.19    (d) If the licensee requests in writing within five calendar days of service of the 109.20order that the board hold a hearing, the board must hold a hearing on the sole issue of 109.21whether to continue, modify, or lift the suspension. The board must hold the hearing 109.22within ten working days of receipt of the licensee's written request. Evidence presented 109.23by the board or licensee must be in affidavit form only, except that the licensee or the 109.24licensee's attorney may present oral argument.109.25    (e) Within five working days after the hearing, the board must issue its order. If 109.26the licensee contests the order, the board must schedule a contested case hearing under 109.27chapter 14. The contested case hearing must be scheduled to occur within 45 calendar 109.28days after issuance of the order.109.29    (f) The administrative law judge must issue a report within 30 calendar days after 109.30the contested case hearing is concluded.109.31    (g) The board must issue a final order within 30 calendar days after the board 109.32receives the administrative law judge's report.109.33    Sec. 116. [148E.265] ADVERSARIAL BUT NONDISCIPLINARY ACTIONS.109.34    Subdivision 1.Automatic suspensions.(a) A license to practice social work is 109.35automatically suspended if:110.1    (1) a guardian of a licensee is appointed by order of a court according to sections 110.2524.5-101 and 524.5-102; or110.3    (2) the licensee is committed by order of a court according to chapter 253B.110.4    (b) A license remains suspended until:110.5    (1) the licensee is restored to capacity by a court; and110.6    (2) upon petition by the licensee and after a hearing or an agreement with the 110.7licensee, the board terminates the suspension.110.8    (c) If the board terminates the suspension, it may do so with or without conditions 110.9or restrictions, including, but not limited to, participation in the health professional 110.10services program.110.11    Subd. 2.Cease and desist orders.(a) The board or a designated board member 110.12may issue a cease and desist order to stop a person from engaging in unauthorized practice 110.13or from violating or threatening to violate a statute or rule enforced by the board or an 110.14order, stipulation, or agreement agreed to or issued by the board.110.15    (b) The cease and desist order must state the reason for its issuance and give notice 110.16of the person's right to request a hearing under sections 14.57 to 14.62. If the person fails 110.17to request a hearing in writing postmarked within 15 calendar days after service of the 110.18cease and desist order, the order is the final order of the board and is not reviewable by 110.19a court or agency.110.20    (c) If the board receives a written request for a hearing postmarked within 15 110.21calendar days after service of the cease and desist order, the board must schedule a hearing 110.22within 30 calendar days of receiving the request.110.23    (d) The administrative law judge must issue a report within 30 calendar days after 110.24the contested case hearing is concluded.110.25    (e) Within 30 calendar days after the board receives the administrative law judge's 110.26report, the board must issue a final order modifying, vacating, or making permanent 110.27the cease and desist order. The final order remains in effect until modified or vacated 110.28by the board.110.29    (f) If a person does not comply with a cease and desist order, the board may institute 110.30a proceeding in any district court to obtain injunctive relief or other appropriate relief, 110.31including but not limited to, a civil penalty payable to the board of up to $10,000 for 110.32each violation.110.33    (g) A cease and desist order issued according to this subdivision does not relieve a 110.34person from criminal prosecution by a competent authority or from disciplinary action 110.35by the board.111.1    Subd. 3.Injunctive relief.(a) In addition to any other remedy provided by law, the 111.2board may bring an action in district court for injunctive relief to restrain any unauthorized 111.3practice or violation or threatened violation of any statute or rule, stipulation, or agreement 111.4agreed to or enforced by the board or an order issued by the board.111.5    (b) A temporary restraining order may be granted in the proceeding if continued 111.6activity by a person would create an imminent risk of harm to others.111.7    (c) Injunctive relief granted according to this subdivision does not relieve a person 111.8from criminal prosecution by a competent authority or from disciplinary action by the 111.9board.111.10    (d) In bringing an action for injunctive relief, the board need not show irreparable 111.11harm.111.12    Sec. 117. [148E.270] VOLUNTARY ACTIONS.111.13    Subdivision 1.Agreements for corrective action.(a) The board or a designated 111.14board member may enter into an agreement for corrective action with an applicant or 111.15licensee when the board or a designated board member determines that a complaint 111.16alleging a violation of a statute or rule enforced by the board or an order issued by the 111.17board may best be resolved through an agreement for corrective action when disciplinary 111.18action is not required to protect the public.111.19    (b) An agreement for corrective action must:111.20    (1) be in writing;111.21    (2) specify the facts upon which the agreement is based;111.22    (3) clearly indicate the corrective action agreed upon; and111.23    (4) provide that the complaint that resulted in the agreement must be dismissed by the 111.24board or the designated board member upon successful completion of the corrective action.111.25    (c) The board or designated board member may determine successful completion 111.26when the applicant or licensee submits a request for dismissal that documents the 111.27applicant's or licensee's successful completion of the corrective action. The burden of 111.28proof is on the applicant or licensee to prove successful completion.111.29    (d) An agreement for corrective action is not disciplinary action but must be treated 111.30as public data under chapter 13.111.31    (e) The board may impose a fee to reimburse the board for all or part of the costs 111.32of the proceedings resulting in a corrective action, including, but not limited to, the 111.33amount paid by the board for services received from or expenses incurred by the Office 111.34of the Attorney General, board members, board staff, or the amount paid by the board 111.35for reproducing records.112.1    (f) The board or designated board member must not enter into an agreement for 112.2corrective action when the complaint alleged sexual conduct with a client unless there is 112.3insufficient evidence to justify disciplinary action but there is a basis for corrective action.112.4    Subd. 2.Stipulations to cease practicing social work.(a) The board or a 112.5designated board member may enter into a stipulation to cease practicing social work with 112.6a licensee if the board or designated board member determines that the licensee is unable 112.7to practice social work competently or safely or that the social worker's continued practice 112.8creates an unacceptable risk of safety to clients, potential clients, or the public.112.9    (b) A stipulation to cease practicing social work must:112.10    (1) be in writing;112.11    (2) specify the facts upon which the stipulation is based;112.12    (3) clearly indicate that the licensee must not practice social work and must not hold 112.13out to the public that the social worker is licensed; and112.14    (4) specify the term of the stipulation or when and under what circumstances the 112.15licensee may petition the board for termination of the stipulation.112.16    (c) A stipulation to cease practicing social work is not disciplinary action but must 112.17be treated as public data under chapter 13.112.18    (d) Nothing in this subdivision prevents the board or designated board member 112.19from taking any other disciplinary or adversarial action authorized by sections 148E.255112.20to 148E.265 in lieu of or in addition to entering into a stipulation to cease practicing 112.21social work.112.22    Sec. 118. [148E.275] UNAUTHORIZED PRACTICE.112.23    No individual may:112.24    (1) engage in the practice of social work without a social work license under 112.25sections 148E.055 and 148E.060, except when the individual is exempt from licensure 112.26according to section 148E.065;112.27    (2) provide social work services to a client who resides in this state when the 112.28individual providing the services is not licensed as a social worker according to sections 112.29148E.055 to 148E.060, except when the individual is exempt from licensure according to 112.30section 148E.065.112.31    Sec. 119. [148E.280] USE OF TITLES.112.32    No individual may be presented to the public by any title incorporating the words 112.33"social work" or "social worker" or in the titles in section 148E.195, unless that individual 113.1holds a license under sections 148E.055 and 148E.060, or practices in a setting exempt 113.2from licensure under section 148E.065.113.3    Sec. 120. [148E.285] REPORTING REQUIREMENTS.113.4    Subdivision 1.Institutions.A state agency, political subdivision, agency of a local 113.5unit of government, private agency, hospital, clinic, prepaid medical plan, or other health 113.6care institution or organization must report to the board:113.7    (1) any adversarial action, disciplinary action, or other sanction for conduct that 113.8might constitute grounds for action under section 148E.190;113.9    (2) the resignation of any applicant or licensee prior to the conclusion of any 113.10proceeding for adversarial action, disciplinary action, or other sanction for conduct that 113.11might constitute grounds for action under section 148E.190; or113.12    (3) the resignation of any applicant or licensee prior to the commencement of a 113.13proceeding for adversarial action, disciplinary action, or other sanction for conduct that 113.14might constitute grounds for action under section 148E.190, but after the applicant or 113.15licensee had knowledge that a proceeding was contemplated or in preparation.113.16    Subd. 2.Professional societies and associations.A state or local professional 113.17society or association whose members consist primarily of licensed social workers must 113.18report to the board any adversarial action, disciplinary action, or other sanction taken 113.19against a member.113.20    Subd. 3.Immunity.An individual, professional society or association, state agency, 113.21political subdivision, agency of a local unit of government, private agency, hospital, 113.22clinic, prepaid medical plan, other health care institution or organization, or other entity is 113.23immune from civil liability or criminal prosecution for submitting in good faith a report 113.24under subdivision 1 or 2 or for otherwise reporting, providing information, or testifying 113.25about violations or alleged violations of this chapter.113.26    Sec. 121. [148E.290] PENALTIES.113.27    An individual or other entity that violates section 148E.275, 148E.280, or 148E.285113.28is guilty of a misdemeanor.113.29    Sec. 122. Minnesota Statutes 2006, section 151.01, is amended by adding a subdivision 113.30to read:113.31    Subd. 31.Electronic signature."Electronic signature" means an electronic sound, 113.32symbol, or process attached to or associated with a record and executed or adopted by a 113.33person with the intent to sign the record.114.1    Sec. 123. Minnesota Statutes 2006, section 151.01, is amended by adding a subdivision 114.2to read:114.3    Subd. 32.Electronic transmission."Electronic transmission" means transmission 114.4of information in electronic form.114.5    Sec. 124. Minnesota Statutes 2006, section 151.06, subdivision 1, is amended to read:114.6    Subdivision 1. Generally; rules. (a) Powers and duties. The Board of Pharmacy 114.7shall have the power and it shall be its duty: 114.8    (1) to regulate the practice of pharmacy;114.9    (2) to regulate the manufacture, wholesale, and retail sale of drugs within this state;114.10    (3) to regulate the identity, labeling, purity, and quality of all drugs and medicines 114.11dispensed in this state, using the United States Pharmacopeia and the National Formulary, 114.12or any revisions thereof, or standards adopted under the federal act as the standard;114.13    (4) to enter and inspect by its authorized representative any and all places where 114.14drugs, medicines, medical gases, or veterinary drugs or devices are sold, vended, given 114.15away, compounded, dispensed, manufactured, wholesaled, or held; it may secure samples 114.16or specimens of any drugs, medicines, medical gases, or veterinary drugs or devices 114.17after paying or offering to pay for such sample; it shall be entitled to inspect and make 114.18copies of any and all records of shipment, purchase, manufacture, quality control, and 114.19sale of these items provided, however, that such inspection shall not extend to financial 114.20data, sales data, or pricing data;114.21    (5) to examine and license as pharmacists all applicants whom it shall deem qualified 114.22to be such;114.23    (6) to license wholesale drug distributors;114.24    (7) to deny, suspend, revoke, or refuse to renew any registration or license required 114.25under this chapter, to any applicant or registrant or licensee upon any of the following 114.26grounds:114.27    (i) fraud or deception in connection with the securing of such license or registration;114.28    (ii) in the case of a pharmacist, conviction in any court of a felony;114.29    (iii) in the case of a pharmacist, conviction in any court of an offense involving 114.30moral turpitude;114.31    (iv) habitual indulgence in the use of narcotics, stimulants, or depressant drugs; 114.32or habitual indulgence in intoxicating liquors in a manner which could cause conduct 114.33endangering public health;114.34    (v) unprofessional conduct or conduct endangering public health;114.35    (vi) gross immorality;115.1    (vii) employing, assisting, or enabling in any manner an unlicensed person to 115.2practice pharmacy;115.3    (viii) conviction of theft of drugs, or the unauthorized use, possession, or sale thereof;115.4    (ix) violation of any of the provisions of this chapter or any of the rules of the State 115.5Board of Pharmacy;115.6    (x) in the case of a pharmacy license, operation of such pharmacy without a 115.7pharmacist present and on duty;115.8    (xi) in the case of a pharmacist, physical or mental disability which could cause 115.9incompetency in the practice of pharmacy;115.10    (xii) in the case of a pharmacist, the suspension or revocation of a license to practice 115.11pharmacy in another state; or115.12    (xiii) in the case of a pharmacist, aiding suicide or aiding attempted suicide in 115.13violation of section 
         609.215 as established by any of the following: 115.14    (A) a copy of the record of criminal conviction or plea of guilty for a felony in 115.15violation of section 
         609.215, subdivision 1 or 2; 115.16    (B) a copy of the record of a judgment of contempt of court for violating an 115.17injunction issued under section 
         609.215, subdivision 4; 115.18    (C) a copy of the record of a judgment assessing damages under section 
         609.215, 115.19subdivision 5
         ; or 115.20    (D) a finding by the board that the person violated section 
         609.215, subdivision 115.211
          or 2. The board shall investigate any complaint of a violation of section 
         609.215, 115.22subdivision 1
          or 2; 115.23    (8) to employ necessary assistants and make adopt rules for the conduct of its 115.24business;115.25    (9) to register as pharmacy technicians all applicants who the board determines are 115.26qualified to carry out the duties of a pharmacy technician; and115.27    (10) to perform such other duties and exercise such other powers as the provisions of 115.28the act may require.115.29    (b)  Temporary suspension. In addition to any other remedy provided by law, the 115.30board may, without a hearing, temporarily suspend a license for not more than 60 days if 115.31the board finds that a pharmacist has violated a statute or rule that the board is empowered 115.32to enforce and continued practice by the pharmacist would create an imminent risk of 115.33harm to others. The suspension shall take effect upon written notice to the pharmacist, 115.34specifying the statute or rule violated. At the time it issues the suspension notice, the 115.35board shall schedule a disciplinary hearing to be held under the Administrative Procedure 116.1Act. The pharmacist shall be provided with at least 20 days' notice of any hearing held 116.2under this subdivision. 116.3    (c)  Rules. For the purposes aforesaid, it shall be the duty of the board to make 116.4and publish uniform rules not inconsistent herewith for carrying out and enforcing 116.5the provisions of this chapter. The board shall adopt rules regarding prospective drug 116.6utilization review and patient counseling by pharmacists. A pharmacist in the exercise of 116.7the pharmacist's professional judgment, upon the presentation of a new prescription by a 116.8patient or the patient's caregiver or agent, shall perform the prospective drug utilization 116.9review required by rules issued under this subdivision. 116.10    Sec. 125. Minnesota Statutes 2006, section 151.21, subdivision 1, is amended to read:116.11    Subdivision 1. Generally. Except as provided in this section, it shall be unlawful for 116.12any pharmacist, assistant pharmacist, or pharmacist intern who dispenses prescriptions, 116.13drugs, and medicines to substitute an article different from the one ordered, or deviate 116.14in any manner from the requirements of an order or prescription without the approval of 116.15the prescriber.116.16    Sec. 126. Minnesota Statutes 2006, section 151.21, subdivision 2, is amended to read:116.17    Subd. 2. Brand name specified. When a pharmacist receives a written paper or 116.18hard copy prescription on which the prescriber has personally written in handwriting 116.19"dispense as written" or "D.A.W.," a prescription sent by electronic transmission on which 116.20the prescriber has expressly indicated in a manner consistent with the standards for 116.21electronic prescribing under Code of Federal Regulations, title 42, section 423, that the 116.22prescription is to be dispensed as transmitted and which bears the prescriber's electronic 116.23signature, or an oral prescription in which the prescriber has expressly indicated that the 116.24prescription is to be dispensed as communicated, the pharmacist shall dispense the brand 116.25name legend drug as prescribed.116.26    Sec. 127. Minnesota Statutes 2006, section 151.21, subdivision 3, is amended to read:116.27    Subd. 3. Brand name not specified. When a pharmacist receives a written paper or 116.28hard copy prescription on which the prescriber has not personally written in handwriting 116.29"dispense as written" or "D.A.W.," a prescription sent by electronic transmission on which 116.30the prescriber has not expressly indicated in a manner consistent with the standards for 116.31electronic prescribing under Code of Federal Regulations, title 42, section 423, that the 116.32prescription is to be dispensed as transmitted and which bears the prescriber's electronic 116.33signature, or an oral prescription in which the prescriber has not expressly indicated 117.1that the prescription is to be dispensed as communicated, and there is available in the 117.2pharmacist's stock a less expensive generically equivalent drug that, in the pharmacist's 117.3professional judgment, is safely interchangeable with the prescribed drug, then the 117.4pharmacist shall, after disclosing the substitution to the purchaser, dispense the generic 117.5drug, unless the purchaser objects. A pharmacist may also substitute pursuant to the oral 117.6instructions of the prescriber. A pharmacist may not substitute a generically equivalent 117.7drug product unless, in the pharmacist's professional judgment, the substituted drug is 117.8therapeutically equivalent and interchangeable to the prescribed drug. A pharmacist 117.9shall notify the purchaser if the pharmacist is dispensing a drug other than the brand 117.10name drug prescribed.117.11    Sec. 128. Minnesota Statutes 2006, section 151.21, is amended by adding a subdivision 117.12to read:117.13    Subd. 3a.Prescriptions by electronic transmission.Nothing in this section 117.14permits a prescriber to maintain "dispense as written" or "D.A.W." as a default on all 117.15prescriptions. Prescribers must add the "dispense as written" or "D.A.W." designation to 117.16electronic prescriptions individually, as appropriate.117.17    Sec. 129. Minnesota Statutes 2006, section 214.103, subdivision 8, is amended to read:117.18    Subd. 8. Dismissal of a complaint. A complaint may not be dismissed without 117.19the concurrence of at least two board members, and a review by a representative of 117.20the attorney general's office. The designee of the attorney general must review before 117.21dismissal any complaints which allege any violation of chapter 609, any conduct which 117.22would be required to be reported under section 626.556 or 626.557, any sexual contact 117.23or sexual conduct with a client, any violation of a federal law, any actual or potential 117.24inability to practice the regulated profession or occupation by reason of illness, use of 117.25alcohol, drugs, chemicals, or any other materials, or as a result of any mental or physical 117.26condition, any violation of state medical assistance laws, or any disciplinary action related 117.27to credentialing in another jurisdiction or country which was based on the same or related 117.28conduct specified in this subdivision.117.29    Sec. 130. Minnesota Statutes 2006, section 214.103, subdivision 9, is amended to read:117.30    Subd. 9. Information to complainant. A board shall furnish to a person who 117.31made a complaint a written description of the board's complaint process, as well as the117.32actions of the board relating to the complaint.118.1    Sec. 131. Minnesota Statutes 2006, section 214.32, subdivision 1, is amended to read:118.2    Subdivision 1. Management. (a) A Health Professionals Services Program 118.3Committee is established, consisting of one person appointed by each participating board, 118.4with each participating board having one vote. The committee shall designate one board 118.5to provide administrative management of the program, set the program budget and the 118.6pro rata share of program expenses to be borne by each participating board, provide 118.7guidance on the general operation of the program, including hiring of program personnel, 118.8and ensure that the program's direction is in accord with its authority. If the participating 118.9boards change which board is designated to provide administrative management of 118.10the program, any appropriation remaining for the program shall transfer to the newly 118.11designated board on the effective date of the change. The participating boards must inform 118.12the appropriate legislative committees and the commissioner of finance of any change 118.13in the administrative management of the program, and the amount of any appropriation 118.14transferred under this provision.118.15    (b) The designated board, upon recommendation of the Health Professional Services 118.16Program Committee, shall hire the program manager and employees and pay expenses 118.17of the program from funds appropriated for that purpose. The designated board may 118.18apply for grants to pay program expenses and may enter into contracts on behalf of the 118.19program to carry out the purposes of the program. The participating boards shall enter into 118.20written agreements with the designated board.118.21    (c) An advisory committee is established to advise the program committee consisting 118.22of:118.23    (1) one member appointed by each of the following: the Minnesota Academy of 118.24Physician Assistants, the Minnesota Dental Association, the Minnesota Chiropractic 118.25Association, the Minnesota Licensed Practical Nurse Association, the Minnesota Medical 118.26Association, the Minnesota Nurses Association, and the Minnesota Podiatric Medicine 118.27Association;118.28    (2) one member appointed by each of the professional associations of the other 118.29professions regulated by a participating board not specified in clause (1); and118.30    (3) two public members, as defined by section 
         214.02. 118.31Members of the advisory committee shall be appointed for two years and members may 118.32be reappointed.118.33    The advisory committee expires June 30, 2007.118.34    Sec. 132. Minnesota Statutes 2006, section 245.462, subdivision 18, is amended to 118.35read:119.1    Subd. 18. Mental health professional. "Mental health professional" means a 119.2person providing clinical services in the treatment of mental illness who is qualified in at 119.3least one of the following ways:119.4    (1) in psychiatric nursing: a registered nurse who is licensed under sections 
         148.171119.5to 
         148.285; and:119.6    (i) who is certified as a clinical specialist or as a nurse practitioner in adult or family 119.7psychiatric and mental health nursing by a national nurse certification organization; or119.8    (ii) who has a master's degree in nursing or one of the behavioral sciences or related 119.9fields from an accredited college or university or its equivalent, with at least 4,000 hours 119.10of post-master's supervised experience in the delivery of clinical services in the treatment 119.11of mental illness;119.12    (2) in clinical social work: a person licensed as an independent clinical social worker 119.13under chapter 148D, or a person with a master's degree in social work from an accredited 119.14college or university, with at least 4,000 hours of post-master's supervised experience in 119.15the delivery of clinical services in the treatment of mental illness;119.16    (3) in psychology: an individual licensed by the Board of Psychology under sections 119.17148.88
          to 
         148.98 who has stated to the Board of Psychology competencies in the diagnosis 119.18and treatment of mental illness;119.19    (4) in psychiatry: a physician licensed under chapter 147 and certified by the 119.20American Board of Psychiatry and Neurology or eligible for board certification in 119.21psychiatry;119.22    (5) in marriage and family therapy: the mental health professional must be a 119.23marriage and family therapist licensed under sections 
         148B.29 to 
         148B.39 with at least 119.24two years of post-master's supervised experience in the delivery of clinical services in 119.25the treatment of mental illness; or119.26    (6) in licensed professional clinical counseling, the mental health professional must 119.27be a licensed professional clinical counselor under section 148B.5301; or119.28    (7) in allied fields: a person with a master's degree from an accredited college or 119.29university in one of the behavioral sciences or related fields, with at least 4,000 hours of 119.30post-master's supervised experience in the delivery of clinical services in the treatment of 119.31mental illness.119.32    Sec. 133. Minnesota Statutes 2006, section 245.470, subdivision 1, is amended to read:119.33    Subdivision 1. Availability of outpatient services. (a) County boards must provide 119.34or contract for enough outpatient services within the county to meet the needs of adults 119.35with mental illness residing in the county. Services may be provided directly by the 120.1county through county-operated mental health centers or mental health clinics approved 120.2by the commissioner under section 
         245.69, subdivision 2; by contract with privately 120.3operated mental health centers or mental health clinics approved by the commissioner 120.4under section 
         245.69, subdivision 2; by contract with hospital mental health outpatient 120.5programs certified by the Joint Commission on Accreditation of Hospital Organizations; 120.6or by contract with a licensed mental health professional as defined in section 
         245.462, 120.7subdivision 18
         , clauses (1) to (4) (6). Clients may be required to pay a fee according to 120.8section 
         245.481. Outpatient services include: 120.9    (1) conducting diagnostic assessments;120.10    (2) conducting psychological testing;120.11    (3) developing or modifying individual treatment plans;120.12    (4) making referrals and recommending placements as appropriate;120.13    (5) treating an adult's mental health needs through therapy;120.14    (6) prescribing and managing medication and evaluating the effectiveness of 120.15prescribed medication; and120.16    (7) preventing placement in settings that are more intensive, costly, or restrictive 120.17than necessary and appropriate to meet client needs.120.18    (b) County boards may request a waiver allowing outpatient services to be provided 120.19in a nearby trade area if it is determined that the client can best be served outside the 120.20county.120.21    Sec. 134. Minnesota Statutes 2006, section 245.4871, subdivision 27, is amended to 120.22read:120.23    Subd. 27. Mental health professional. "Mental health professional" means a 120.24person providing clinical services in the diagnosis and treatment of children's emotional 120.25disorders. A mental health professional must have training and experience in working with 120.26children consistent with the age group to which the mental health professional is assigned. 120.27A mental health professional must be qualified in at least one of the following ways:120.28    (1) in psychiatric nursing, the mental health professional must be a registered nurse 120.29who is licensed under sections 
         148.171 to 
         148.285 and who is certified as a clinical 120.30specialist in child and adolescent psychiatric or mental health nursing by a national nurse 120.31certification organization or who has a master's degree in nursing or one of the behavioral 120.32sciences or related fields from an accredited college or university or its equivalent, with 120.33at least 4,000 hours of post-master's supervised experience in the delivery of clinical 120.34services in the treatment of mental illness;121.1    (2) in clinical social work, the mental health professional must be a person licensed 121.2as an independent clinical social worker under chapter 148D, or a person with a master's 121.3degree in social work from an accredited college or university, with at least 4,000 hours of 121.4post-master's supervised experience in the delivery of clinical services in the treatment 121.5of mental disorders;121.6    (3) in psychology, the mental health professional must be an individual licensed by 121.7the board of psychology under sections 
         148.88 to 
         148.98 who has stated to the board of 121.8psychology competencies in the diagnosis and treatment of mental disorders;121.9    (4) in psychiatry, the mental health professional must be a physician licensed under 121.10chapter 147 and certified by the American board of psychiatry and neurology or eligible 121.11for board certification in psychiatry;121.12    (5) in marriage and family therapy, the mental health professional must be a 121.13marriage and family therapist licensed under sections 
         148B.29 to 
         148B.39 with at least 121.14two years of post-master's supervised experience in the delivery of clinical services in the 121.15treatment of mental disorders or emotional disturbances; or121.16    (6) in licensed professional clinical counseling, the mental health professional must 121.17be a licensed professional clinical counselor under section 148B.5301; or121.18    (7) in allied fields, the mental health professional must be a person with a master's 121.19degree from an accredited college or university in one of the behavioral sciences or related 121.20fields, with at least 4,000 hours of post-master's supervised experience in the delivery of 121.21clinical services in the treatment of emotional disturbances.121.22    Sec. 135. Minnesota Statutes 2006, section 245.488, subdivision 1, is amended to read:121.23    Subdivision 1. Availability of outpatient services. (a) County boards must provide 121.24or contract for enough outpatient services within the county to meet the needs of each 121.25child with emotional disturbance residing in the county and the child's family. Services 121.26may be provided directly by the county through county-operated mental health centers or 121.27mental health clinics approved by the commissioner under section 
         245.69, subdivision 2; 121.28by contract with privately operated mental health centers or mental health clinics approved 121.29by the commissioner under section 
         245.69, subdivision 2; by contract with hospital 121.30mental health outpatient programs certified by the Joint Commission on Accreditation 121.31of Hospital Organizations; or by contract with a licensed mental health professional as 121.32defined in section 
         245.4871, subdivision 27, clauses (1) to (4) (6). A child or a child's 121.33parent may be required to pay a fee based in accordance with section 
         245.481. Outpatient 121.34services include: 121.35    (1) conducting diagnostic assessments;122.1    (2) conducting psychological testing;122.2    (3) developing or modifying individual treatment plans;122.3    (4) making referrals and recommending placements as appropriate;122.4    (5) treating the child's mental health needs through therapy; and122.5    (6) prescribing and managing medication and evaluating the effectiveness of 122.6prescribed medication.122.7    (b) County boards may request a waiver allowing outpatient services to be provided 122.8in a nearby trade area if it is determined that the child requires necessary and appropriate 122.9services that are only available outside the county.122.10    (c) Outpatient services offered by the county board to prevent placement must be at 122.11the level of treatment appropriate to the child's diagnostic assessment.122.12    Sec. 136. Minnesota Statutes 2006, section 256B.0623, subdivision 5, is amended to 122.13read:122.14    Subd. 5. Qualifications of provider staff. Adult rehabilitative mental health 122.15services must be provided by qualified individual provider staff of a certified provider 122.16entity. Individual provider staff must be qualified under one of the following criteria:122.17    (1) a mental health professional as defined in section 
         245.462, subdivision 18, 122.18clauses (1) to (5). If the recipient has a current diagnostic assessment by a licensed mental 122.19health professional as defined in section 
         245.462, subdivision 18, clauses (1) to (5) (6), 122.20recommending receipt of adult mental health rehabilitative services, the definition of 122.21mental health professional for purposes of this section includes a person who is qualified 122.22under section 
         245.462, subdivision 18, clause (6) (7), and who holds a current and valid 122.23national certification as a certified rehabilitation counselor or certified psychosocial 122.24rehabilitation practitioner; 122.25    (2) a mental health practitioner as defined in section 
         245.462, subdivision 17. The 122.26mental health practitioner must work under the clinical supervision of a mental health 122.27professional; or 122.28    (3) a mental health rehabilitation worker. A mental health rehabilitation worker 122.29means a staff person working under the direction of a mental health practitioner or mental 122.30health professional and under the clinical supervision of a mental health professional in 122.31the implementation of rehabilitative mental health services as identified in the recipient's 122.32individual treatment plan who:122.33    (i) is at least 21 years of age;122.34    (ii) has a high school diploma or equivalent;123.1    (iii) has successfully completed 30 hours of training during the past two years in all 123.2of the following areas: recipient rights, recipient-centered individual treatment planning, 123.3behavioral terminology, mental illness, co-occurring mental illness and substance abuse, 123.4psychotropic medications and side effects, functional assessment, local community 123.5resources, adult vulnerability, recipient confidentiality; and123.6    (iv) meets the qualifications in subitem (A) or (B):123.7    (A) has an associate of arts degree in one of the behavioral sciences or human 123.8services, or is a registered nurse without a bachelor's degree, or who within the previous 123.9ten years has:123.10    (1) three years of personal life experience with serious and persistent mental illness;123.11    (2) three years of life experience as a primary caregiver to an adult with a serious 123.12mental illness or traumatic brain injury; or123.13    (3) 4,000 hours of supervised paid work experience in the delivery of mental health 123.14services to adults with a serious mental illness or traumatic brain injury; or123.15    (B)(1) is fluent in the non-English language or competent in the culture of the 123.16ethnic group to which at least 20 percent of the mental health rehabilitation worker's 123.17clients belong;123.18    (2) receives during the first 2,000 hours of work, monthly documented individual 123.19clinical supervision by a mental health professional;123.20    (3) has 18 hours of documented field supervision by a mental health professional 123.21or practitioner during the first 160 hours of contact work with recipients, and at least six 123.22hours of field supervision quarterly during the following year;123.23    (4) has review and cosignature of charting of recipient contacts during field 123.24supervision by a mental health professional or practitioner; and123.25    (5) has 40 hours of additional continuing education on mental health topics during 123.26the first year of employment.123.27    Sec. 137. Minnesota Statutes 2006, section 256B.0624, subdivision 5, is amended to 123.28read:123.29    Subd. 5. Mobile crisis intervention staff qualifications. For provision of adult 123.30mental health mobile crisis intervention services, a mobile crisis intervention team is 123.31comprised of at least two mental health professionals as defined in section 
         245.462, 123.32subdivision 18
         , clauses (1) to (5) (6), or a combination of at least one mental health 123.33professional and one mental health practitioner as defined in section 
         245.462, subdivision 123.3417
         , with the required mental health crisis training and under the clinical supervision of 123.35a mental health professional on the team. The team must have at least two people with 124.1at least one member providing on-site crisis intervention services when needed. Team 124.2members must be experienced in mental health assessment, crisis intervention techniques, 124.3and clinical decision-making under emergency conditions and have knowledge of local 124.4services and resources. The team must recommend and coordinate the team's services 124.5with appropriate local resources such as the county social services agency, mental health 124.6services, and local law enforcement when necessary. 124.7    Sec. 138. Minnesota Statutes 2006, section 256B.0624, subdivision 8, is amended to 124.8read:124.9    Subd. 8. Adult crisis stabilization staff qualifications. (a) Adult mental health 124.10crisis stabilization services must be provided by qualified individual staff of a qualified 124.11provider entity. Individual provider staff must have the following qualifications:124.12    (1) be a mental health professional as defined in section 
         245.462, subdivision 18, 124.13clauses (1) to (5) (6); 124.14    (2) be a mental health practitioner as defined in section 
         245.462, subdivision 17. 124.15The mental health practitioner must work under the clinical supervision of a mental health 124.16professional; or 124.17    (3) be a mental health rehabilitation worker who meets the criteria in section 124.18256B.0623, subdivision 5
         , clause (3); works under the direction of a mental health 124.19practitioner as defined in section 
         245.462, subdivision 17, or under direction of a 124.20mental health professional; and works under the clinical supervision of a mental health 124.21professional. 124.22    (b) Mental health practitioners and mental health rehabilitation workers must have 124.23completed at least 30 hours of training in crisis intervention and stabilization during 124.24the past two years.124.25    Sec. 139. Minnesota Statutes 2006, section 256B.0943, subdivision 1, is amended to 124.26read:124.27    Subdivision 1. Definitions. For purposes of this section, the following terms have 124.28the meanings given them.124.29    (a) "Children's therapeutic services and supports" means the flexible package of 124.30mental health services for children who require varying therapeutic and rehabilitative 124.31levels of intervention. The services are time-limited interventions that are delivered using 124.32various treatment modalities and combinations of services designed to reach treatment 124.33outcomes identified in the individual treatment plan.125.1    (b) "Clinical supervision" means the overall responsibility of the mental health 125.2professional for the control and direction of individualized treatment planning, service 125.3delivery, and treatment review for each client. A mental health professional who is an 125.4enrolled Minnesota health care program provider accepts full professional responsibility 125.5for a supervisee's actions and decisions, instructs the supervisee in the supervisee's work, 125.6and oversees or directs the supervisee's work.125.7    (c) "County board" means the county board of commissioners or board established 125.8under sections 
         402.01 to 
         402.10 or 
         471.59. 125.9    (d) "Crisis assistance" has the meaning given in section 
         245.4871, subdivision 9a. 125.10    (e) "Culturally competent provider" means a provider who understands and can 125.11utilize to a client's benefit the client's culture when providing services to the client. A 125.12provider may be culturally competent because the provider is of the same cultural or 125.13ethnic group as the client or the provider has developed the knowledge and skills through 125.14training and experience to provide services to culturally diverse clients.125.15    (f) "Day treatment program" for children means a site-based structured program 125.16consisting of group psychotherapy for more than three individuals and other intensive 125.17therapeutic services provided by a multidisciplinary team, under the clinical supervision 125.18of a mental health professional.125.19    (g) "Diagnostic assessment" has the meaning given in section 
         245.4871, subdivision 125.2011
         . 125.21    (h) "Direct service time" means the time that a mental health professional, mental 125.22health practitioner, or mental health behavioral aide spends face-to-face with a client 125.23and the client's family. Direct service time includes time in which the provider obtains 125.24a client's history or provides service components of children's therapeutic services and 125.25supports. Direct service time does not include time doing work before and after providing 125.26direct services, including scheduling, maintaining clinical records, consulting with others 125.27about the client's mental health status, preparing reports, receiving clinical supervision 125.28directly related to the client's psychotherapy session, and revising the client's individual 125.29treatment plan.125.30    (i) "Direction of mental health behavioral aide" means the activities of a mental 125.31health professional or mental health practitioner in guiding the mental health behavioral 125.32aide in providing services to a client. The direction of a mental health behavioral aide 125.33must be based on the client's individualized treatment plan and meet the requirements in 125.34subdivision 6, paragraph (b), clause (5).126.1    (j) "Emotional disturbance" has the meaning given in section 
         245.4871, subdivision 126.215
         . For persons at least age 18 but under age 21, mental illness has the meaning given in 126.3section 
         245.462, subdivision 20, paragraph (a). 126.4    (k) "Individual behavioral plan" means a plan of intervention, treatment, and 126.5services for a child written by a mental health professional or mental health practitioner, 126.6under the clinical supervision of a mental health professional, to guide the work of the 126.7mental health behavioral aide.126.8    (l) "Individual treatment plan" has the meaning given in section 
         245.4871, 126.9subdivision 21
         . 126.10    (m) "Mental health professional" means an individual as defined in section 
         245.4871, 126.11subdivision 27
         , clauses (1) to (5) (6), or tribal vendor as defined in section 
         256B.02, 126.12subdivision 7
         , paragraph (b). 126.13    (n) "Preschool program" means a day program licensed under Minnesota Rules, 126.14parts 9503.0005 to 9503.0175, and enrolled as a children's therapeutic services and 126.15supports provider to provide a structured treatment program to a child who is at least 33 126.16months old but who has not yet attended the first day of kindergarten.126.17    (o) "Skills training" means individual, family, or group training designed to improve 126.18the basic functioning of the child with emotional disturbance and the child's family in the 126.19activities of daily living and community living, and to improve the social functioning of the 126.20child and the child's family in areas important to the child's maintaining or reestablishing 126.21residency in the community. Individual, family, and group skills training must:126.22    (1) consist of activities designed to promote skill development of the child and the 126.23child's family in the use of age-appropriate daily living skills, interpersonal and family 126.24relationships, and leisure and recreational services;126.25    (2) consist of activities that will assist the family's understanding of normal child 126.26development and to use parenting skills that will help the child with emotional disturbance 126.27achieve the goals outlined in the child's individual treatment plan; and126.28    (3) promote family preservation and unification, promote the family's integration 126.29with the community, and reduce the use of unnecessary out-of-home placement or 126.30institutionalization of children with emotional disturbance.126.31    Sec. 140. Minnesota Statutes 2006, section 256J.08, subdivision 73a, is amended to 126.32read:126.33    Subd. 73a. Qualified professional. (a) For physical illness, injury, or incapacity, 126.34a "qualified professional" means a licensed physician, a physician's assistant, a nurse 126.35practitioner, or a licensed chiropractor.127.1    (b) For developmental disability and intelligence testing, a "qualified professional" 127.2means an individual qualified by training and experience to administer the tests necessary 127.3to make determinations, such as tests of intellectual functioning, assessments of adaptive 127.4behavior, adaptive skills, and developmental functioning. These professionals include 127.5licensed psychologists, certified school psychologists, or certified psychometrists working 127.6under the supervision of a licensed psychologist.127.7    (c) For learning disabilities, a "qualified professional" means a licensed psychologist 127.8or school psychologist with experience determining learning disabilities.127.9    (d) For mental health, a "qualified professional" means a licensed physician or a 127.10qualified mental health professional. A "qualified mental health professional" means:127.11    (1) for children, in psychiatric nursing, a registered nurse who is licensed under 127.12sections 
         148.171 to 
         148.285, and who is certified as a clinical specialist in child 127.13and adolescent psychiatric or mental health nursing by a national nurse certification 127.14organization or who has a master's degree in nursing or one of the behavioral sciences 127.15or related fields from an accredited college or university or its equivalent, with at least 127.164,000 hours of post-master's supervised experience in the delivery of clinical services in 127.17the treatment of mental illness;127.18    (2) for adults, in psychiatric nursing, a registered nurse who is licensed under 127.19sections 
         148.171 to 
         148.285, and who is certified as a clinical specialist in adult psychiatric 127.20and mental health nursing by a national nurse certification organization or who has a 127.21master's degree in nursing or one of the behavioral sciences or related fields from an 127.22accredited college or university or its equivalent, with at least 4,000 hours of post-master's 127.23supervised experience in the delivery of clinical services in the treatment of mental illness;127.24    (3) in clinical social work, a person licensed as an independent clinical social worker 127.25under chapter 148D, or a person with a master's degree in social work from an accredited 127.26college or university, with at least 4,000 hours of post-master's supervised experience in 127.27the delivery of clinical services in the treatment of mental illness;127.28    (4) in psychology, an individual licensed by the Board of Psychology under sections 127.29148.88
          to 
         148.98, who has stated to the Board of Psychology competencies in the 127.30diagnosis and treatment of mental illness;127.31    (5) in psychiatry, a physician licensed under chapter 147 and certified by the 127.32American Board of Psychiatry and Neurology or eligible for board certification in 127.33psychiatry; and127.34    (6) in marriage and family therapy, the mental health professional must be a 127.35marriage and family therapist licensed under sections 
         148B.29 to 
         148B.39, with at least 128.1two years of post-master's supervised experience in the delivery of clinical services in the 128.2treatment of mental illness; and128.3    (7) in licensed professional clinical counseling, the mental health professional must 128.4be a licensed professional clinical counselor under section 148B.5301.128.5    Sec. 141. APPLICABILITY OF RULES.128.6    Minnesota Rules, parts 5601.0100 to 5601.3200, apply both to physical therapists 128.7and physical therapist assistants, except parts 5601.1200; 5601.1300; 5601.1800; 128.85601.1900; 5601.2000; 5601.3200, subpart 2, item D; and 5601.3200, subpart 5, only 128.9apply to physical therapists.128.10    Sec. 142.  REPEALER.128.11(a) Minnesota Statutes 2006, sections 148.691, subdivision 3; 148.71, subdivision 1; 128.12148.72; 148.745; and 148.775, are repealed.128.13(b) Minnesota Statutes 2006, sections 148D.001; 148D.010; 148D.015; 148D.020; 128.14148D.025; 148D.030; 148D.035; 148D.040; 148D.045; 148D.050; 148D.055; 148D.060; 128.15148D.065; 148D.070; 148D.075; 148D.080; 148D.085; 148D.090; 148D.095; 148D.100; 128.16148D.105; 148D.110; 148D.115; 148D.120; 148D.125; 148D.130; 148D.135; 148D.140; 128.17148D.145; 148D.150; 148D.155; 148D.160; 148D.165; 148D.170; 148D.175; 148D.180; 128.18148D.185; 148D.190; 148D.195; 148D.200; 148D.205; 148D.210; 148D.215; 148D.220; 128.19148D.225; 148D.230; 148D.235; 148D.240; 148D.245; 148D.250; 148D.255; 148D.260; 128.20148D.265; 148D.270; 148D.275; 148D.280; 148D.285; and 148D.290, are repealed 128.21effective August 1, 2011.128.22(c) Minnesota Rules, parts 5601.0200; 5601.0300; 5601.0400; 5601.0500; 128.235601.0600; 5601.0700; 5601.0800; 5601.1400; 5601.1500; 5601.1600; 5601.2800; 128.245601.2900; 5601.3000; 5601.3105; 5601.3110; 5601.3115; 5601.3120; 5601.3125; 128.255601.3130; 5601.3135; 5601.3140; 5601.3145; 5601.3150; 5601.3155; 5601.3160; and 128.265601.3165, are repealed.128.27    Sec. 143. EFFECTIVE DATE.128.28    Sections 63 to 121 are effective August 1, 2011.