SF 26

2nd Unofficial Engrossment - 85th Legislature (2007 - 2008)

Posted on 12/15/2009 12:00 a.m.

1.1A bill for an act 1.2relating to health occupations; changing provisions for operating x-ray equipment 1.3examination and practice; modifying provisions for speech-language pathology 1.4and audiology; changing licensing provisions for physical therapists and physical 1.5therapy assistants; changing licensing provisions for social work; modifying 1.6practice provisions under the Board of Pharmacy; modifying health-related 1.7licensing board provisions; appropriating money;amending Minnesota Statutes 1.82006, sections 144.121, subdivision 5, by adding subdivisions; 147.02, by 1.9adding a subdivision; 147.037, subdivision 1; 147A.27, subdivision 2; 147B.05, 1.10subdivision 2; 147C.35, subdivision 2; 147D.25, subdivision 2; 148.10, 1.11subdivision 1; 148.515, subdivision 2, by adding a subdivision; 148.65, 1.12subdivisions 2, 3, by adding a subdivision; 148.67, subdivision 1; 148.70; 1.13148.705; 148.706; 148.71; 148.73; 148.735; 148.736, subdivision 1; 148.74; 1.14148.75; 148.754; 148.755; 148.76, subdivision 1; 148.78; 148B.50, subdivision 1.155; 148B.53, subdivisions 1, 3; 148C.12, by adding subdivisions; 148D.050, 1.16subdivision 1; 148D.055, subdivisions 2, 3, 4, 5, by adding a subdivision; 1.17148D.060, subdivisions 5, 6, 7, 13, by adding a subdivision; 148D.120, 1.18subdivision 2; 148D.125, subdivision 1; 151.01, by adding subdivisions; 151.06, 1.19subdivision 1; 151.21, subdivisions 1, 2, 3, by adding a subdivision; 214.103, 1.20subdivisions 8, 9; 214.32, subdivision 1; 245.462, subdivision 18; 245.470, 1.21subdivision 1; 245.4871, subdivision 27; 245.488, subdivision 1; 256B.0623, 1.22subdivision 5; 256B.0624, subdivisions 5, 8; 256B.0943, subdivision 1; 256J.08, 1.23subdivision 73a; proposing coding for new law in Minnesota Statutes, chapters 1.24148; 148B; 148D; proposing coding for new law as Minnesota Statutes, chapter 1.25148E; repealing Minnesota Statutes 2006, sections 148.691, subdivision 3; 1.26148.71, subdivision 1; 148.72; 148.745; 148.775; 148D.001; 148D.010; 1.27148D.015; 148D.020; 148D.025; 148D.030; 148D.035; 148D.040; 148D.045; 1.28148D.050; 148D.055; 148D.060; 148D.065; 148D.070; 148D.075; 148D.080; 1.29148D.085; 148D.090; 148D.095; 148D.100; 148D.105; 148D.110; 148D.115; 1.30148D.120; 148D.125; 148D.130; 148D.135; 148D.140; 148D.145; 148D.150; 1.31148D.155; 148D.160; 148D.165; 148D.170; 148D.175; 148D.180; 148D.185; 1.32148D.190; 148D.195; 148D.200; 148D.205; 148D.210; 148D.215; 148D.220; 1.33148D.225; 148D.230; 148D.235; 148D.240; 148D.245; 148D.250; 148D.255; 1.34148D.260; 148D.265; 148D.270; 148D.275; 148D.280; 148D.285; 148D.290; 1.35Minnesota Rules, parts 2500.0500; 5601.0200; 5601.0300; 5601.0400; 1.365601.0500; 5601.0600; 5601.0700; 5601.0800; 5601.1400; 5601.1500; 1.375601.1600; 5601.2800; 5601.2900; 5601.3000; 5601.3105; 5601.3110; 1.385601.3115; 5601.3120; 5601.3125; 5601.3130; 5601.3135; 5601.3140; 1.395601.3145; 5601.3150; 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 new text begin (a) After January 1, 2008, an new text end 2.13 new text begin individual in a facility with x-ray equipment for use on humans that is registered under new text end 2.14 new text begin subdivision 1 may not operate, nor may the facility allow the individual to operate, x-ray new text end 2.15 new text begin equipment unless the individual has passed a national examination for limited x-ray new text end 2.16 new text begin machine operators that meets the requirements of paragraphs (b) and (c) and is approved new text end 2.17 new text begin by the commissioner of health. new text end 2.18     new text begin (b) The commissioner shall establish criteria for the approval of examinations new text end 2.19 new text begin based on national standards, such as the examination in radiography from the American new text end 2.20 new text begin Registry of Radiologic Technologists, the examination for limited scope of practice in new text end 2.21 new text begin radiography from the American Registry of Radiologic Technologists for limited x-ray new text end 2.22 new text begin machine operators, and the American Registry of Chiropractic Radiography Technologists new text end 2.23 new text begin for limited radiography in spines and extremities; or equivalent examinations approved new text end 2.24 new text begin by other states. Equivalent examinations may be approved by the commissioner, if new text end 2.25 new text begin the examination is consistent with the standards for educational and psychological new text end 2.26 new text begin testing as recommended by the American Education Research Association, the American new text end 2.27 new text begin Psychological Association, the National Council on Measurement in Education, or the new text end 2.28 new text begin National Commission for Certifying Agencies. The organization proposing the use of an new text end 2.29 new text begin equivalent examination shall submit a fee to the commissioner of $1,000 per examination new text end 2.30 new text begin to cover the cost of determining the extent to which the examination meets the examining new text end 2.31 new text begin standards. The collected fee shall be deposited in the state treasury and credited to the new text end 2.32 new text begin state government special revenue fund new text end . 2.33     new text begin (c) The examination for limited x-ray machine operators must include: new text end 2.34     new text begin (1) radiation protection, equipment maintenance and operation, image production new text end 2.35 new text begin and evaluation, and patient care and management; and new text end 3.1     new text begin (2) at least one of the following regions of the human anatomy: chest, extremities, new text end 3.2 new text begin skull and sinus, spine, or ankle and foot. The examinations must include the anatomy of, new text end 3.3 new text begin and positioning for, the specific regions. new text end 3.4     new text begin (d) A limited x-ray operator who is required to take an examination under this new text end 3.5 new text begin subdivision must submit to the commissioner an application for the examination, a $25 new text end 3.6 new text begin processing fee, and the required examination fee set by the national organization offering new text end 3.7 new text begin the examination. The processing fee and the examination fee shall be deposited in the state new text end 3.8 new text begin treasury and credited to the state government special revenue fund. The commissioner new text end 3.9 new text begin shall submit the fee to the national organization providing the examination. new text end 3.10 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 3.11    Sec. 2. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision 3.12to read: 3.13     new text begin Subd. 5a. new text end new text begin Limited x-ray machine operator practice. new text end new text begin (a) A limited x-ray operator new text end 3.14 new text begin may only practice medical radiography on limited regions of the human anatomy for new text end 3.15 new text begin which the operator has successfully passed an examination identified in subdivision 5, new text end 3.16 new text begin unless the operator meets one of the exemptions described in paragraph (b). The operator new text end 3.17 new text begin may practice using only routine radiographic procedures, for the interpretation by and new text end 3.18 new text begin under the direction of a licensed practitioner, excluding computed tomography, the use of new text end 3.19 new text begin contrast media, and the use of fluoroscopic or mammographic equipment. new text end 3.20     new text begin (b) This subdivision does not apply to: new text end 3.21     new text begin (1) limited x-ray machine operators who passed the examination that was required new text end 3.22 new text begin before January 1, 2008; new text end 3.23     new text begin (2) certified radiologic technologists, licensed dental hygienists, registered dental new text end 3.24 new text begin assistants, certified registered nurse anesthetists, and registered physician assistants; new text end 3.25     new text begin (3) individuals who are licensed in Minnesota to practice medicine, osteopathy, new text end 3.26 new text begin chiropractic, podiatry, or dentistry; and new text end 3.27     new text begin (4) individuals who are participating in a training course in any of the occupations new text end 3.28 new text begin listed in clause (2) or (3) for the duration and within the scope of the training course. new text end 3.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 3.30    Sec. 3. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision 3.31to read: 3.32     new text begin Subd. 5c. new text end new text begin Exemptions. new text end new text begin X-ray machine operators who have met current regulations new text end 3.33 new text begin adopted by the commissioner prior to January 1, 2008, are exempt from the requirements new text end 4.1 new text begin of subdivisions 5 to 5e, but must meet the continuing education requirements provided in new text end 4.2 new text begin subdivision 5f. Subdivisions 5 to 5f do not apply to dental hygienists, dental assistants, new text end 4.3 new text begin certified registered nurse anesthetists, and individuals that are licensed in the state of new text end 4.4 new text begin Minnesota to practice medicine, osteopathy, chiropractics, podiatry, and dentistry. new text end 4.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 4.6    Sec. 4. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision 4.7to read: 4.8     new text begin Subd. 5d. new text end new text begin Procedures. new text end new text begin The commissioner shall adopt by rule procedures to be new text end 4.9 new text begin followed for examinations. new text end 4.10 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 4.11    Sec. 5. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision 4.12to read: 4.13     new text begin Subd. 5e. new text end new text begin Variance of scope and practice. new text end new text begin The commissioner may grant a variance new text end 4.14 new text begin according to Minnesota Rules, parts 4717.7000 to 4717.7050, to a facility for the scope of new text end 4.15 new text begin practice of an x-ray operator in cases where the delivery of health care would otherwise be new text end 4.16 new text begin compromised if a variance were not granted. The request for a variance must be in writing, new text end 4.17 new text begin state the circumstances that constitute hardship, state the period of time the facility wishes new text end 4.18 new text begin to have the variance for the scope of practice in place, and state the alternative measures new text end 4.19 new text begin that will be taken if the variance is granted. The commissioner shall set forth in writing new text end 4.20 new text begin the reasons for granting or denying the variance. Variances granted by the commissioner new text end 4.21 new text begin specify in writing the time limitation and required alternative measures to be taken new text end 4.22 new text begin by the facility. A request for the variance shall be denied if the commissioner finds the new text end 4.23 new text begin circumstances stated by the facility do not support a claim of hardship, the requested time new text end 4.24 new text begin period for the variance is unreasonable, the alternative measures proposed by the facility new text end 4.25 new text begin are not equivalent to the scope of practice, or the request for the variance is not submitted new text end 4.26 new text begin to the commissioner in a timely manner. new text end 4.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 4.28    Sec. 6. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision 4.29to read: 4.30     new text begin Subd. 5f. new text end new text begin Continuing education requirements. new text end new text begin The commissioner shall approve new text end 4.31 new text begin continuing education programs for limited x-ray operators that offer x-ray-specific courses new text end 4.32 new text begin including, but not limited to, courses offered online. A limited x-ray operator shall new text end 5.1 new text begin complete four hours of continuing education during every two-year period and pay a $20 new text end 5.2 new text begin fee every two years in order to remain certified. The first two-year period ends January new text end 5.3 new text begin 1, 2010. A limited x-ray operator who is out of compliance shall be given three months new text end 5.4 new text begin to comply with this subdivision. After that three-month period, an individual who is out new text end 5.5 new text begin of compliance shall be required to take an examination, as provided in subdivision 5, new text end 5.6 new text begin in order to be recertified. new text end 5.7    Sec. 7. Minnesota Statutes 2006, section 147.02, is amended by adding a subdivision 5.8to read: 5.9     new text begin Subd. 1b. new text end new text begin Examination extension; medical reasons. new text end new text begin The board may grant an new text end 5.10 new text begin extension to the time period and to the number of attempts permitted to pass the United new text end 5.11 new text begin States Medical Licensing Examination (USMLE) as specified in subdivision 1, paragraph new text end 5.12 new text begin (c), clause (2), if an applicant has been diagnosed with a medical illness during the process new text end 5.13 new text begin of taking the USMLE but before passage of all steps, or fails to pass a step within three new text end 5.14 new text begin attempts due to the applicant's medical illness. Proof of the medical illness must be new text end 5.15 new text begin submitted to the board on forms and according to the timelines of the board. new text end 5.16    Sec. 8. Minnesota Statutes 2006, section 147.037, subdivision 1, is amended to read: 5.17    Subdivision 1. Requirements. The board shall issue a license to practice medicine 5.18to any person who satisfies the requirements in paragraphs (a) to (g). 5.19    (a) The applicant shall satisfy all the requirements established in section 147.02, 5.20subdivision 1 , paragraphs (a), (e), (f), (g), and (h). 5.21    (b) The applicant shall present evidence satisfactory to the board that the applicant 5.22is a graduate of a medical or osteopathic school approved by the board as equivalent 5.23to accredited United States or Canadian schools based upon its faculty, curriculum, 5.24facilities, accreditation, or other relevant data. If the applicant is a graduate of a medical 5.25or osteopathic program that is not accredited by the Liaison Committee for Medical 5.26Education or the American Osteopathic Association, the applicant must new text begin may new text end use the 5.27Federation of State Medical Boards' Federation Credentials Verification Service (FCVS) 5.28or its successor. If the applicant uses this service as required new text begin allowed new text end under this paragraph, 5.29the physician application fee may be less than $200 but must not exceed the cost of 5.30administering this paragraph. 5.31    (c) The applicant shall present evidence satisfactory to the board that the applicant 5.32has been awarded a certificate by the Educational Council for Foreign Medical Graduates, 5.33and the applicant has a working ability in the English language sufficient to communicate 5.34with patients and physicians and to engage in the practice of medicine. 6.1    (d) The applicant shall present evidence satisfactory to the board of the completion 6.2of two years of graduate, clinical medical training in a program located in the United 6.3States, its territories, or Canada and accredited by a national accrediting organization 6.4approved by the board. This requirement does not apply: 6.5    (1) to an applicant who is admitted as a permanent immigrant to the United States on 6.6or before October 1, 1991, as a person of exceptional ability in the sciences according to 6.7Code of Federal Regulations, title 20, section 656.22(d); 6.8    (2) to an applicant holding a valid license to practice medicine in another country 6.9and issued a permanent immigrant visa after October 1, 1991, as a person of extraordinary 6.10ability in the field of science or as an outstanding professor or researcher according to 6.11Code of Federal Regulations, title 8, section 204.5(h) and (i), or a temporary nonimmigrant 6.12visa as a person of extraordinary ability in the field of science according to Code of 6.13Federal Regulations, title 8, section 214.2(o), 6.14provided that a person under clause (1) or (2) is admitted pursuant to rules of the United 6.15States Department of Labor; or 6.16    (3) to an applicant who is licensed in another state, has practiced five years without 6.17disciplinary action in the United States, its territories, or Canada, has completed one year 6.18of the graduate, clinical medical training required by this paragraph, and has passed the 6.19Special Purpose Examination of the Federation of State Medical Boards within three 6.20attempts in the 24 months before licensing. 6.21    (e) The applicant must: 6.22    (1) have passed an examination prepared and graded by the Federation of State 6.23Medical Boards, the United States Medical Licensing Examination program in accordance 6.24with section 147.02, subdivision 1, paragraph (c), clause (2), or the Medical Council 6.25of Canada; and 6.26    (2) have a current license from the equivalent licensing agency in another state or 6.27country and, if the examination in clause (1) was passed more than ten years ago, either: 6.28    (i) pass the Special Purpose Examination of the Federation of State Medical Boards 6.29with a score of 75 or better within three attempts; or 6.30    (ii) have a current certification by a specialty board of the American Board of 6.31Medical Specialties, of the American Osteopathic Association Bureau of Professional 6.32Education, of the Royal College of Physicians and Surgeons of Canada, or of the College 6.33of Family Physicians of Canada. 6.34    (f) The applicant must not be under license suspension or revocation by the licensing 6.35board of the state or jurisdiction in which the conduct that caused the suspension or 6.36revocation occurred. 7.1    (g) The applicant must not have engaged in conduct warranting disciplinary action 7.2against a licensee, or have been subject to disciplinary action other than as specified in 7.3paragraph (f). If an applicant does not satisfy the requirements stated in this paragraph, 7.4the board may issue a license only on the applicant's showing that the public will be 7.5protected through issuance of a license with conditions or limitations the board considers 7.6appropriate. 7.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 7.8    Sec. 9. Minnesota Statutes 2006, section 147A.27, subdivision 2, is amended to read: 7.9    Subd. 2. Organization. The council shall be organized and administered under 7.10section 15.059, except that the advisory council shall expire on June 30, 2007. 7.11    Sec. 10. Minnesota Statutes 2006, section 147B.05, subdivision 2, is amended to read: 7.12    Subd. 2. Administration; compensation; removal; quorum. The advisory council 7.13is governed by section 15.059, except that the council does not expire until June 30, 2007. 7.14    Sec. 11. Minnesota Statutes 2006, section 147C.35, subdivision 2, is amended to read: 7.15    Subd. 2. Organization. The advisory council shall be organized and administered 7.16under section 15.059. The council expires June 30, 2007. 7.17    Sec. 12. Minnesota Statutes 2006, section 147D.25, subdivision 2, is amended to read: 7.18    Subd. 2. Organization. The advisory council shall be organized and administered 7.19under section 15.059. The council expires June 30, 2007. 7.20    Sec. 13. Minnesota Statutes 2006, section 148.10, subdivision 1, is amended to read: 7.21    Subdivision 1. Grounds. (a) The state Board of Chiropractic Examiners may refuse 7.22to grant, or may revoke, suspend, condition, limit, restrict or qualify a license to practice 7.23chiropractic, or may cause the name of a person licensed to be removed from the records 7.24in the office of the court administrator of the district court for: 7.25    (1) Advertising that is false or misleading; that violates a rule of the board; or that 7.26claims the cure of any condition or disease. 7.27    (2) The employment of fraud or deception in applying for a license or in passing 7.28the examination provided for in section 148.06 or conduct which subverts or attempts to 7.29subvert the licensing examination process. 7.30    (3) The practice of chiropractic under a false or assumed name or the impersonation 7.31of another practitioner of like or different name. 8.1    (4) The conviction of a crime involving moral turpitude. 8.2    (5) The conviction, during the previous five years, of a felony reasonably related to 8.3the practice of chiropractic. 8.4    (6) Habitual intemperance in the use of alcohol or drugs. 8.5    (7) Practicing under a license which has not been renewed. 8.6    (8) Advanced physical or mental disability. 8.7    (9) The revocation or suspension of a license to practice chiropractic; or other 8.8disciplinary action against the licensee; or the denial of an application for a license by 8.9the proper licensing authority of another state, territory or country; or failure to report to 8.10the board that charges regarding the person's license have been brought in another state 8.11or jurisdiction. 8.12    (10) The violation of, or failure to comply with, the provisions of sections 148.01 8.13to 148.105, the rules of the state Board of Chiropractic Examiners, or a lawful order of 8.14the board. 8.15    (11) Unprofessional conduct. 8.16    (12) Being unable to practice chiropractic with reasonable skill and safety to patients 8.17by reason of illness, professional incompetence, senility, drunkenness, use of drugs, 8.18narcotics, chemicals or any other type of material, or as a result of any mental or physical 8.19condition, including deterioration through the aging process or loss of motor skills. If the 8.20board has probable cause to believe that a person comes within this clause, it shall direct 8.21the person to submit to a mental or physical examination. For the purpose of this clause, 8.22every person licensed under this chapter shall be deemed to have given consent to submit 8.23to a mental or physical examination when directed in writing by the board and further to 8.24have waived all objections to the admissibility of the examining physicians' testimony or 8.25examination reports on the ground that the same constitute a privileged communication. 8.26Failure of a person to submit to such examination when directed shall constitute an 8.27admission of the allegations, unless the failure was due to circumstances beyond the 8.28person's control, in which case a default and final order may be entered without the taking 8.29of testimony or presentation of evidence. A person affected under this clause shall at 8.30reasonable intervals be afforded an opportunity to demonstrate that the person can resume 8.31the competent practice of chiropractic with reasonable skill and safety to patients. 8.32    In addition to ordering a physical or mental examination, the board may, 8.33notwithstanding section 13.384, 144.651, or any other law limiting access to health 8.34data, obtain health data and health records relating to a licensee or applicant without the 8.35licensee's or applicant's consent if the board has probable cause to believe that a doctor of 8.36chiropractic comes under this clause. The health data may be requested from a provider, 9.1as defined in section 144.335, subdivision 1, paragraph (b), an insurance company, or a 9.2government agency, including the Department of Human Services. A provider, insurance 9.3company, or government agency shall comply with any written request of the board under 9.4this subdivision and is not liable in any action for damages for releasing the data requested 9.5by the board if the data are released pursuant to a written request under this subdivision, 9.6unless the information is false and the provider or entity giving the information knew, 9.7or had reason to believe, the information was false. Information obtained under this 9.8subdivision is classified as private under sections 13.01 to 13.87. 9.9    In any proceeding under this clause, neither the record of proceedings nor the orders 9.10entered by the board shall be used against a person in any other proceeding. 9.11    (13) Aiding or abetting an unlicensed person in the practice of chiropractic, except 9.12that it is not a violation of this clause for a doctor of chiropractic to employ, supervise, 9.13or delegate functions to a qualified person who may or may not be required to obtain a 9.14license or registration to provide health services if that person is practicing within the 9.15scope of the license or registration or delegated authority. 9.16    (14) Improper management of health records, including failure to maintain adequate 9.17health records as described in clause (18), to comply with a patient's request made under 9.18section 144.335 or to furnish a health record or report required by law. 9.19    (15) Failure to make reports required by section 148.102, subdivisions 2 and 5, 9.20or to cooperate with an investigation of the board as required by section 148.104, or 9.21the submission of a knowingly false report against another doctor of chiropractic under 9.22section 148.10, subdivision 3. 9.23    (16) Splitting fees, or promising to pay a portion of a fee or a commission, or 9.24accepting a rebate. 9.25    (17) Revealing a privileged communication from or relating to a patient, except 9.26when otherwise required or permitted by law. 9.27    (18) Failing to keep written chiropractic records justifying the course of treatment of 9.28the patient, including, but not limited to, patient histories, examination results, test results, 9.29and x-rays. Unless otherwise required by law, written records need not be retained for 9.30more than seven years and x-rays need not be retained for more than four years. 9.31    (19) Exercising influence on the patient or client in such a manner as to exploit the 9.32patient or client for financial gain of the licensee or of a third party which shall include, 9.33but not be limited to, the promotion or sale of services, goods, or appliances. 9.34    (20) Gross or repeated malpractice or the failure to practice chiropractic at a level 9.35of care, skill, and treatment which is recognized by a reasonably prudent chiropractor as 9.36being acceptable under similar conditions and circumstances. 10.1    (21) Delegating professional responsibilities to a person when the licensee delegating 10.2such responsibilities knows or has reason to know that the person is not qualified by 10.3training, experience, or licensure to perform them. 10.4    (b) For the purposes of paragraph (a), clause (2), conduct that subverts or attempts 10.5to subvert the licensing examination process includes, but is not limited to: (1) conduct 10.6that violates the security of the examination materials, such as removing examination 10.7materials from the examination room or having unauthorized possession of any portion 10.8of a future, current, or previously administered licensing examination; (2) conduct that 10.9violates the standard of test administration, such as communicating with another examinee 10.10during administration of the examination, copying another examinee's answers, permitting 10.11another examinee to copy one's answers, or possessing unauthorized materials; or (3) 10.12impersonating an examinee or permitting an impersonator to take the examination on 10.13one's own behalf. 10.14    (c) For the purposes of paragraph (a), clauses (4) and (5), conviction as used in these 10.15subdivisions includes a conviction of an offense that if committed in this state would be 10.16deemed a felony without regard to its designation elsewhere, or a criminal proceeding 10.17where a finding or verdict of guilt is made or returned but the adjudication of guilt is either 10.18withheld or not entered. 10.19    (d) For the purposes of paragraph (a), clauses (4), (5), and (6), a copy of the judgment 10.20or proceeding under seal of the administrator of the court or of the administrative agency 10.21which entered the same shall be admissible into evidence without further authentication 10.22and shall constitute prima facie evidence of its contents. 10.23    (e) For the purposes of paragraph (a), clause (11), unprofessional conduct means any 10.24unethical, deceptive or deleterious conduct or practice harmful to the public, any departure 10.25from or the failure to conform to the minimal standards of acceptable chiropractic practice, 10.26or a willful or careless disregard for the health, welfare or safety of patients, in any of 10.27which cases proof of actual injury need not be established. Unprofessional conduct shall 10.28include, but not be limited to, the following acts of a chiropractor: 10.29    (1) gross ignorance of, or incompetence in, the practice of chiropractic; 10.30    (2) engaging in conduct with a patient that is sexual or may reasonably be interpreted 10.31by the patient as sexual, or in any verbal behavior that is seductive or sexually demeaning 10.32to a patient; 10.33    (3) performing unnecessary services; 10.34    (4) charging a patient an unconscionable fee or charging for services not rendered; 10.35    (5) directly or indirectly engaging in threatening, dishonest, or misleading fee 10.36collection techniques; 11.1    (6) perpetrating fraud upon patients, third-party payors, or others, relating to the 11.2practice of chiropractic, including violations of the Medicare or Medicaid laws or state 11.3medical assistance laws; 11.4    (7) advertising that the licensee will accept for services rendered assigned payments 11.5from any third-party payer as payment in full, if the effect is to give the impression of 11.6eliminating the need of payment by the patient of any required deductible or co-payment 11.7applicable in the patient's health benefit plan; or advertising a fee or charge for a service 11.8or treatment different from the fee or charge the licensee submits to a third-party payer 11.9for that service or treatment. As used in this clause, "advertise" means solicitation by the 11.10licensee by means of handbills, posters, circulars, motion pictures, radio, newspapers, 11.11television, or in any other manner. In addition to the board's power to punish for violations 11.12of this clause, violation of this clause is also a misdemeanor; 11.13    (8) accepting for services rendered assigned payments from any third-party payer 11.14as payment in full, if the effect is to eliminate the need of payment by the patient of any 11.15required deductible or co-payment applicable in the patient's health benefit plan, except as 11.16hereinafter provided; or collecting a fee or charge for a service or treatment different from 11.17the fee or charge the licensee submits to a third-party payer for that service or treatment, 11.18except as hereinafter provided. This clause is intended to prohibit offerings to the public 11.19of the above listed practices and those actual practices as well, except that in instances 11.20where the intent is not to collect an excessive remuneration from the third-party payer but 11.21rather to provide services at a reduced rate to a patient unable to afford the deductible or 11.22co-payment, the services may be performed for a lesser charge or fee. The burden of proof 11.23for establishing that this is the case shall be on the licensee; and 11.24    (9) any other act that the board by rule may define. 11.25    Sec. 14. Minnesota Statutes 2006, section 148.515, subdivision 2, is amended to read: 11.26    Subd. 2. Master's or doctoral degree required new text begin for speech-language pathology new text end 11.27 new text begin applicants new text end . (a) An applicant new text begin for speech-language pathology new text end must possess a master's or 11.28doctoral degree that meets the requirements of paragraph (b). If completing a doctoral 11.29program in which a master's degree has not been conferred, an applicant must submit a 11.30transcript showing new text begin or letter from the academic department chair evidencing new text end completion 11.31of course work new text begin coursework new text end equivalent to, or exceeding, a master's degree that meets 11.32the requirement of paragraph (b). 11.33    (b) All of the new text begin speech-language pathology new text end applicant's graduate coursework and 11.34clinical practicum required in the professional area for which licensure is sought must 11.35have been initiated and completed at an institution whose program meets the current 12.1requirements and was accredited by the Educational Standards Board of the Council 12.2on Academic Accreditation in Audiology and Speech-Language Pathology, a body 12.3recognized by the United States Department of Education, or an equivalent as determined 12.4by the commissioner, in the area for which licensure is sought. 12.5    Sec. 15. Minnesota Statutes 2006, section 148.515, is amended by adding a subdivision 12.6to read: 12.7     new text begin Subd. 2a. new text end new text begin Masters or doctoral degree required for audiology applicants. new text end new text begin An new text end 12.8 new text begin applicant for audiology must possess a masters degree or doctoral degree that meets the new text end 12.9 new text begin following requirements: new text end 12.10     new text begin (1) if graduate training is completed prior to August 30, 2007, an audiology applicant new text end 12.11 new text begin must possess a masters or doctoral degree in audiology from an accredited educational new text end 12.12 new text begin institution; or new text end 12.13     new text begin (2) if graduate training is completed after August 30, 2007, an audiology applicant new text end 12.14 new text begin must possess a doctoral degree with an emphasis in audiology, or its equivalent as new text end 12.15 new text begin determined by the commissioner, from an accredited educational institution. new text end 12.16    Sec. 16. Minnesota Statutes 2006, section 148.65, subdivision 2, is amended to read: 12.17    Subd. 2. Physical therapist. "Physical therapist" means a person new text begin licensed by the new text end 12.18 new text begin board new text end who practices physical therapy as defined in sections 148.65 to 148.78. 12.19    Sec. 17. Minnesota Statutes 2006, section 148.65, subdivision 3, is amended to read: 12.20    Subd. 3. Physical therapist assistant. "Physical therapist assistant" means 12.21a graduate of a physical therapist assistant educational program accredited by the 12.22Commission on Accreditation in Physical Therapy Education (CAPTE) or a recognized 12.23comparable national accrediting agency approved by the board. The physical therapist 12.24assistant, new text begin person licensed by the board who provides physical therapy new text end under the 12.25direction and supervision of the new text begin a new text end physical therapist, new text begin and who new text end performs physical therapy 12.26interventions and assists with coordination, communication, and documentation; new text begin , new text end and 12.27patient-client-related instruction. The physical therapist is not required to be on-site 12.28except as required under Minnesota Rules, part 5601.1500, but must be easily available 12.29by telecommunications. 12.30    Sec. 18. Minnesota Statutes 2006, section 148.65, is amended by adding a subdivision 12.31to read: 13.1     new text begin Subd. 8. new text end new text begin Licensee. new text end new text begin "Licensee" means a person licensed as a physical therapist new text end 13.2 new text begin or a physical therapist assistant. new text end 13.3    Sec. 19. Minnesota Statutes 2006, section 148.67, subdivision 1, is amended to read: 13.4    Subdivision 1. Board of Physical Therapy appointed. The governor shall appoint 13.5a state Board of Physical Therapy to administer sections 148.65 to 148.78, regarding the 13.6qualifications and examination of physical therapists new text begin and physical therapist assistants new text end . The 13.7board shall consist of nine members, citizens and residents of the state of Minnesota, 13.8composed of four new text begin five new text end physical therapists, one licensed and registered doctor of medicine, 13.9one new text begin two new text end physical therapy assistant new text begin therapist assistants, new text end and three public members. The four 13.10physical therapist members new text begin and the physical therapist assistant members new text end must be licensed 13.11physical therapists in this state. Each of the four physical therapist members must new text begin and new text end have 13.12at least five years' experience in physical therapy practice, physical therapy administration, 13.13or physical therapy education. The five years' experience must immediately precede 13.14appointment. Membership terms, compensation of members, removal of members, 13.15filling of membership vacancies, and fiscal year and reporting requirements shall be as 13.16provided in sections 214.07 to 214.09. The provision of staff, administrative services, and 13.17office space; the review and processing of complaints; the setting of board fees; and 13.18other provisions relating to board operations shall be as provided in chapter 214. Each 13.19member of the board shall file with the secretary of state the constitutional oath of office 13.20before beginning the term of office. 13.21    Sec. 20. Minnesota Statutes 2006, section 148.70, is amended to read: 13.22148.70 APPLICANTS, QUALIFICATIONS. 13.23    The Board of Physical Therapy must: 13.24    (1) establish the qualifications of applicants for licensing and continuing education 13.25requirements for relicensing new text begin renewal of licensure new text end ; 13.26    (2) provide for and conduct all examinations following satisfactory completion of 13.27all didactic requirements; 13.28    (3) determine the applicants who successfully pass the examination; and 13.29    (4) duly license an applicant after the applicant has presented evidence satisfactory 13.30to the board that the applicant has completed an accredited physical therapy educational 13.31program of education or continuing education approved by the board new text begin met all requirements new text end 13.32 new text begin for licensure as a physical therapist or physical therapist assistant new text end . 14.1    The passing score for examinations taken after July 1, 1995, shall be based on 14.2objective, numerical standards, as established by a nationally recognized board approved 14.3testing service. 14.4    Sec. 21. Minnesota Statutes 2006, section 148.705, is amended to read: 14.5148.705 APPLICATION. 14.6     new text begin Subdivision 1. new text end new text begin Form; fee. new text end An applicant for licensing new text begin licensure new text end as a physical 14.7therapist new text begin or physical therapist assistant new text end shall file new text begin submit new text end a written application on forms 14.8provided by the board together with a new text begin the appropriate new text end fee in the amount set by the board. 14.9No portion of the fee is refundable. new text begin No applicant will be approved to sit for the national new text end 14.10 new text begin examination until the application is complete, as determined by the board. new text end 14.11    An approved program for physical therapists shall include the following: 14.12    (1) a minimum of 60 academic semester credits or its equivalent from an accredited 14.13college, including courses in the biological and physical sciences; and 14.14    (2) an accredited course in physical therapy education which has provided adequate 14.15instruction in the basic sciences, clinical sciences, and physical therapy theory and 14.16procedures, as determined by the board. In determining whether or not a course in physical 14.17therapy is approved, the board may take into consideration the accreditation of such 14.18schools by the appropriate council of the American Medical Association, the American 14.19Physical Therapy Association, or the Canadian Medical Association. 14.20     new text begin Subd. 2. new text end new text begin Contents of application. new text end new text begin (a) The application must include the following new text end 14.21 new text begin information: new text end 14.22     new text begin (1) evidence satisfactory to the board that the applicant has met the educational new text end 14.23 new text begin requirements of section 148.721 or 148.722 as demonstrated by a certified copy of a new text end 14.24 new text begin transcript; new text end 14.25     new text begin (2) recommendations by two physical therapists registered or licensed to practice new text end 14.26 new text begin physical therapy in the United States or Canada attesting to the applicant's ethical and new text end 14.27 new text begin moral character; new text end 14.28     new text begin (3) a recent full-face photograph of the applicant attached to the application with the new text end 14.29 new text begin affidavit on the form completed and notarized; new text end 14.30     new text begin (4) a record of the applicant's high school, college, and board-approved physical new text end 14.31 new text begin therapy school education listing the names, locations, dates of attendance, and diplomas, new text end 14.32 new text begin degrees, or certificates awarded; new text end 14.33     new text begin (5) a record of the applicant's postgraduate work and military service; new text end 14.34     new text begin (6) a listing of the United States jurisdictions, and countries in which the applicant is new text end 14.35 new text begin currently licensed or registered, or has been in the past, including the applicant's license or new text end 15.1 new text begin registration certificate number, the date the license or registration was obtained, and the new text end 15.2 new text begin method by which the license or registration was received; new text end 15.3     new text begin (7) a record of the applicant's current and previous physical therapy practice new text end 15.4 new text begin experience; new text end 15.5     new text begin (8) a record of disciplinary action taken on past complaints, refusal of licensure or new text end 15.6 new text begin registration, or denial of examination eligibility by another state board or physical therapy new text end 15.7 new text begin society against the applicant; new text end 15.8     new text begin (9) a record of the applicant's personal use or administration of any controlled new text end 15.9 new text begin substances and any treatment for alcohol or drug abuse; new text end 15.10     new text begin (10) a record by the applicant of any disease, illness, or injury that impairs the new text end 15.11 new text begin applicant's ability to practice physical therapy; new text end 15.12     new text begin (11) a record of any convictions for crimes related to the practice of physical therapy, new text end 15.13 new text begin felonies, gross misdemeanors, and crimes involving moral turpitude; new text end 15.14     new text begin (12) a listing of any memberships in a physical therapy professional association; new text end 15.15     new text begin (13) the applicant's name and address; new text end 15.16     new text begin (14) the applicant's Social Security number, alien registration card number, or tax new text end 15.17 new text begin identification number, whichever is applicable; new text end 15.18     new text begin (15) completed copies of credentials verification forms provided by the board; and new text end 15.19     new text begin (16) any information deemed necessary by the board to evaluate the applicant. new text end 15.20     new text begin (b) A person who has previously practiced in another state shall submit the following new text end 15.21 new text begin information for the five-year period of active practice preceding the date of filing new text end 15.22 new text begin application in this state: new text end 15.23     new text begin (1) the name and address of the person's professional liability insurer in the other new text end 15.24 new text begin state; and new text end 15.25     new text begin (2) the number, date, and disposition of any malpractice settlement or award made new text end 15.26 new text begin to a plaintiff relating to the quality of services provided. new text end 15.27    Sec. 22. Minnesota Statutes 2006, section 148.706, is amended to read: 15.28148.706 SUPERVISION OF new text begin PHYSICAL THERAPIST new text end ASSISTANTS, AIDES, 15.29AND STUDENTS. 15.30     new text begin Subdivision 1. new text end new text begin Supervision. new text end Every physical therapist who uses the services of a 15.31physical therapist assistant or physical therapy aide for the purpose of assisting in the 15.32practice of physical therapy is responsible for functions performed by the assistant or 15.33aide while engaged in such assistance. The physical therapist shall delegate duties to the 15.34physical therapist assistant and assign tasks to the physical therapy aide in accordance 15.35with Minnesota Rules, part 5601.1400 new text begin subdivision 2 new text end . Physical therapists who instruct 16.1student physical therapists and student physical therapist assistants are responsible for the 16.2functions performed by the students and shall supervise the students as provided under 16.3section 148.65, subdivisions 5 and 6. new text begin A licensed physical therapist may supervise no more new text end 16.4 new text begin than two physical therapist assistants at any time. new text end 16.5     new text begin Subd. 2. new text end new text begin Delegation of duties. new text end new text begin The physical therapist may delegate patient new text end 16.6 new text begin treatment procedures only to a physical therapist assistant who has sufficient didactic and new text end 16.7 new text begin clinical preparation. The physical therapist may not delegate the following activities to the new text end 16.8 new text begin physical therapist assistant or to other supportive personnel: patient evaluation, treatment new text end 16.9 new text begin planning, initial treatment, change of treatment, and initial or final documentation. new text end 16.10     new text begin Subd. 3. new text end new text begin Observation of physical therapist assistants. new text end new text begin When components of a new text end 16.11 new text begin patient's treatment are delegated to a physical therapist assistant, a physical therapist must new text end 16.12 new text begin provide on-site observation of the treatment and documentation of its appropriateness at new text end 16.13 new text begin least every six treatment sessions. The physical therapist is not required to be on-site, but new text end 16.14 new text begin must be easily available by telecommunications. new text end 16.15     new text begin Subd. 4. new text end new text begin Observation of physical therapy aides. new text end new text begin The physical therapist must new text end 16.16 new text begin observe the patient's status before and after the treatment administered by a physical new text end 16.17 new text begin therapy aide. The physical therapy aide may perform tasks related to preparation of patient new text end 16.18 new text begin and equipment for treatment, housekeeping, transportation, clerical duties, departmental new text end 16.19 new text begin maintenance, and selected treatment procedures. The tasks must be performed under the new text end 16.20 new text begin direct supervision of a physical therapist who is readily available for advice, instruction, new text end 16.21 new text begin or immediate assistance. new text end 16.22    Sec. 23. Minnesota Statutes 2006, section 148.71, is amended to read: 16.23148.71 LICENSING new text begin TEMPORARY PERMITS new text end . 16.24    Subdivision 1. Qualified applicant. The state Board of Physical Therapy shall 16.25license as a physical therapist and shall furnish a license to an applicant who successfully 16.26passes an examination provided for in sections to for licensing as a physical 16.27therapist and who is otherwise qualified as required in sections to . 16.28    Subd. 2. Temporary permit new text begin Issuance new text end . (a) The board may, upon new text begin completion of new text end 16.29 new text begin the application prescribed by the board and new text end payment of a fee set by the board, issue a 16.30temporary permit to practice physical therapy under supervision to a physical therapist 16.31who is a graduate of an approved school of physical therapy new text begin an applicant for licensure as a new text end 16.32 new text begin physical therapist or physical therapist assistant who meets the educational requirements new text end 16.33 new text begin of section 148.721 or 148.722 new text end and qualified for admission to examination for licensing as 16.34a physical therapist new text begin or physical therapist assistant new text end . A temporary permit to practice physical 16.35therapy under supervision may be issued only once and cannot be renewed. It expires 90 17.1days after the next examination for licensing given by the board or on the date on which 17.2the board, after examination of the applicant, grants or denies the applicant a license to 17.3practice, whichever occurs first. A temporary permit expires on the first day the board 17.4begins its next examination for license after the permit is issued if the holder does not 17.5submit to examination on that date. The holder of a temporary permit to practice physical 17.6therapy under supervision may practice physical therapy as defined in section 148.65 if 17.7the entire practice is under the supervision of a person holding a valid license to practice 17.8physical therapy in this state. The supervision shall be direct, immediate, and on premises. 17.9    (b) A physical therapist new text begin An applicant new text end from another state who is licensed or otherwise 17.10registered in good standing as a physical therapist by that state and meets the requirements 17.11for licensing under section 148.72 does not require supervision to practice physical therapy 17.12while holding a temporary permit in this state. The temporary permit remains valid only 17.13until the meeting of the board at which the application for licensing is considered. 17.14    Subd. 3. Foreign-trained new text begin Foreign-educated new text end physical therapists; temporary 17.15permits. (a) The Board of Physical Therapy may issue a temporary permit to a 17.16foreign-trained new text begin foreign-educated new text end physical therapist who: 17.17    (1) is enrolled in a supervised physical therapy traineeship that meets the 17.18requirements under paragraph (b); 17.19    (2) has completed a physical therapy education program equivalent to that under 17.20section and Minnesota Rules, part 5601.0800, subpart 2 new text begin 148.721, and has new text end 17.21 new text begin provided to the board a Foreign Credentialing Commission on Physical Therapy new text end 17.22 new text begin (FCCPT) comprehensive credentials evaluation (Type I certificate) or FCCPT educational new text end 17.23 new text begin credentials review demonstrating completion of the program new text end ; 17.24    (3) has achieved a new text begin passing new text end score of at least 550 new text begin according to section 148.725, new text end 17.25 new text begin subdivision 3, new text end on the test of English as a foreign language or a score of at least 85 on 17.26the Minnesota battery test new text begin an alternate equivalent examination, as determined by the new text end 17.27 new text begin board new text end ; and 17.28    (4) has paid a nonrefundable fee set by the board. 17.29    A foreign-trained new text begin foreign-educated new text end physical therapist must have the temporary 17.30permit before beginning a traineeship. 17.31    (b) A supervised physical therapy traineeship must: 17.32    (1) be at least six months; 17.33    (2) be at a board-approved facility; 17.34    (3) provide a broad base of clinical experience to the foreign-trained new text begin foreign-educated new text end 17.35physical therapist including a variety of physical agents, therapeutic exercises, evaluation 17.36procedures, and patient diagnoses; 18.1    (4) be supervised by a physical therapist who has at least three years of clinical 18.2experience and is licensed under subdivision 1; and 18.3    (5) be approved by the board before the foreign-trained new text begin foreign-educated new text end physical 18.4therapist begins the traineeship. 18.5    (c) A temporary permit is effective on the first day of a traineeship and expires 90 18.6days after the next examination for licensing given by the board following successful 18.7completion of the traineeship or on the date on which the board, after examination of the 18.8applicant, grants or denies the applicant a license to practice, whichever occurs first. 18.9    (d) A foreign-trained new text begin foreign-educated new text end physical therapist must successfully complete 18.10a traineeship to be licensed as a physical therapist under subdivision 1. The traineeship 18.11may be waived for a foreign-trained new text begin foreign-educated new text end physical therapist who is licensed 18.12or otherwise registered in good standing in another state and has successfully practiced 18.13physical therapy in that state under the supervision of a licensed or registered physical 18.14therapist for at least six months at a facility that meets the requirements under paragraph 18.15(b), clauses (2) and (3). 18.16    (e) A temporary permit will not be issued to a foreign-trained new text begin foreign-educated new text end 18.17applicant who has been issued a temporary permit for longer than six months in any 18.18other state. 18.19    Sec. 24. new text begin [148.721] EDUCATIONAL REQUIREMENTS FOR LICENSED new text end 18.20 new text begin PHYSICAL THERAPIST. new text end 18.21     new text begin Subdivision 1. new text end new text begin Accredited program. new text end new text begin All applicants for licensure as a physical new text end 18.22 new text begin therapist must complete a course in physical therapy education accredited by the new text end 18.23 new text begin Commission on Accreditation in Physical Therapy Education (CAPTE) or which meets new text end 18.24 new text begin the accreditation requirements of CAPTE, as determined by the board. new text end 18.25     new text begin Subd. 2. new text end new text begin General education. new text end new text begin In addition to completion of the accredited program new text end 18.26 new text begin required in subdivision 1, applicants must complete an additional 60 academic semester new text end 18.27 new text begin credits or its quarter equivalent from an institution of higher education that is accredited new text end 18.28 new text begin by a regional accrediting organization. Coursework used to satisfy this requirement may new text end 18.29 new text begin not have been earned as part of the accredited program requirement of subdivision 1. new text end 18.30    Sec. 25. new text begin [148.722] EDUCATIONAL REQUIREMENTS FOR LICENSED new text end 18.31 new text begin PHYSICAL THERAPIST ASSISTANT. new text end 18.32     new text begin All applicants for licensure as a physical therapist assistant must graduate from new text end 18.33 new text begin a physical therapist assistant educational program accredited by the Commission new text end 19.1 new text begin on Accreditation in Physical Therapy Education (CAPTE) or meet its standards, as new text end 19.2 new text begin determined by the board. new text end 19.3    Sec. 26. new text begin [148.723] EXAMINATION FOR LICENSED PHYSICAL THERAPIST. new text end 19.4     new text begin Subdivision 1. new text end new text begin National test. new text end new text begin All applicants for licensure as a physical therapist new text end 19.5 new text begin must take and pass the National Physical Therapy Examination (NPTE) administered by new text end 19.6 new text begin the Federation of State Boards of Physical Therapy (FSBPT) or an alternate national new text end 19.7 new text begin examination determined by the board to be equivalent. For purposes of this section, new text end 19.8 new text begin passing scores are defined in subdivisions 2 and 3. new text end 19.9     new text begin Subd. 2. new text end new text begin Examinations taken on or before July 1, 1995. new text end new text begin The passing score for new text end 19.10 new text begin qualifying examinations taken prior to July 1, 1995, is one standard deviation below the new text end 19.11 new text begin mean of all persons taking the examination. new text end 19.12     new text begin Subd. 3. new text end new text begin Examinations taken after July 1, 1995. new text end new text begin The passing score for qualifying new text end 19.13 new text begin examinations taken after July 1, 1995, shall be based on objective, numerical standards new text end 19.14 new text begin established by the administering testing agency. new text end 19.15    Sec. 27. new text begin [148.724] EXAMINATION FOR LICENSED PHYSICAL THERAPIST new text end 19.16 new text begin ASSISTANT. new text end 19.17     new text begin Subdivision 1. new text end new text begin National test. new text end new text begin All applicants for licensure as a physical therapist new text end 19.18 new text begin assistant must take and pass the National Physical Therapy Examination (NPTE) for new text end 19.19 new text begin physical therapist assistants administered by the Federation of State Boards of Physical new text end 19.20 new text begin Therapy (FSBPT) or an alternate national examination determined by the board to be new text end 19.21 new text begin equivalent. For purposes of this section, passing scores are defined in subdivisions 2 to 4. new text end 19.22     new text begin Subd. 2. new text end new text begin Examinations taken on or before July 1, 1995. new text end new text begin The passing score for new text end 19.23 new text begin qualifying examinations taken prior to July 1, 1995, is one standard deviation below the new text end 19.24 new text begin mean of all persons taking the examination. new text end 19.25     new text begin Subd. 3. new text end new text begin Examinations taken after July 1, 1995. new text end new text begin The passing score for qualifying new text end 19.26 new text begin examinations taken after July 1, 1995, shall be based on objective, numerical standards new text end 19.27 new text begin established by the administering testing agency. new text end 19.28     new text begin Subd. 4. new text end new text begin Grandparenting provision. new text end new text begin Applicants for licensure as a physical new text end 19.29 new text begin therapist assistant who meet the educational requirements of section 148.722 prior to new text end 19.30 new text begin September 1, 2007, are not required to take and pass the examination required by this new text end 19.31 new text begin section. This provision expires on July 1, 2008. new text end 19.32    Sec. 28. new text begin [148.725] REQUIREMENTS FOR FOREIGN-EDUCATED new text end 19.33 new text begin APPLICANTS. new text end 20.1     new text begin Subdivision 1. new text end new text begin Scope and documentation. new text end new text begin An applicant for licensure who is a new text end 20.2 new text begin foreign-educated physical therapist must fulfill the requirements in subdivisions 2 to 5, new text end 20.3 new text begin providing certified English translations of board-required relevant documentation. new text end 20.4     new text begin Subd. 2. new text end new text begin Education evaluation. new text end new text begin The applicant must present evidence of completion new text end 20.5 new text begin of physical therapy schooling equivalent to that required in section 148.721 by having a new text end 20.6 new text begin Type I comprehensive credentials evaluation or educational credentials review performed new text end 20.7 new text begin by the Foreign Credentialing Commission on Physical Therapy (FCCPT). The evaluation new text end 20.8 new text begin must be sent directly to the board from the FCCPT. The applicant shall be responsible for new text end 20.9 new text begin the expenses incurred as a result of the evaluation. new text end 20.10     new text begin Subd. 3. new text end new text begin English test. new text end new text begin If not completed as part of the FCCPT Type I comprehensive new text end 20.11 new text begin credentials evaluation, the applicant must demonstrate English language proficiency by new text end 20.12 new text begin taking the test of English as a foreign language examination (TOEFL) and achieving a new text end 20.13 new text begin passing score as established by the board, or a passing score on a comparable nationally new text end 20.14 new text begin recognized examination approved by the board. For purposes of this subdivision, the new text end 20.15 new text begin passing score adopted by the board shall be applied prospectively. new text end 20.16     new text begin Subd. 4. new text end new text begin Experience. new text end new text begin The applicant must have practiced satisfactorily for at least new text end 20.17 new text begin six months under the supervision of a licensed physical therapist at a board-approved new text end 20.18 new text begin facility. A facility that offers such practice must provide a broad base of experience new text end 20.19 new text begin including a variety of physical agents, therapeutic exercises, evaluation procedures, and new text end 20.20 new text begin patient diagnoses. Supervision must be provided by a licensed physical therapist with at new text end 20.21 new text begin least three years of clinical experience. A proposed outline of clinical experiences must be new text end 20.22 new text begin approved by the board before the facility begins offering the experience. new text end 20.23     new text begin Subd. 5. new text end new text begin Examination. new text end new text begin The applicant must satisfactorily complete the new text end 20.24 new text begin board-approved examination as stated in section 148.72 or 148.73. new text end 20.25    Sec. 29. Minnesota Statutes 2006, section 148.73, is amended to read: 20.26148.73 RENEWALS. 20.27    Every licensed physical therapist new text begin and physical therapist assistant new text end shall, during each 20.28January new text begin before January 1 each year new text end , apply to the board for an extension of a license and 20.29pay a fee in the amount set by the board. The extension of the license is contingent 20.30upon demonstration that the continuing education requirements set by the board under 20.31section 148.70 have been satisfied. new text begin For purposes of this section, the continuing education new text end 20.32 new text begin requirements for physical therapist assistants are the same as those for physical therapists. new text end 20.33    Sec. 30. Minnesota Statutes 2006, section 148.735, is amended to read: 20.34148.735 CANCELLATION OF LICENSE IN GOOD STANDING. 21.1    Subdivision 1. Board approval; reporting. A physical therapist new text begin or physical new text end 21.2 new text begin therapist assistant new text end holding an active license to practice physical therapy in the state may, 21.3upon approval of the board, be granted license cancellation if the board is not investigating 21.4the person as a result of a complaint or information received or if the board has not begun 21.5disciplinary proceedings against the person. Such action by the board shall be reported as 21.6a cancellation of a license in good standing. 21.7    Subd. 2. Fees nonrefundable. A physical therapist new text begin or physical therapist assistant new text end 21.8who receives board approval for license cancellation is not entitled to a refund of any 21.9license fees paid for the licensure year in which cancellation of the license occurred. 21.10    Subd. 3. New license after cancellation. If a physical therapist new text begin or physical therapist new text end 21.11 new text begin assistant new text end who has been granted board approval for license cancellation desires to resume 21.12the practice of physical therapy in Minnesota, that physical therapist new text begin or physical therapist new text end 21.13 new text begin assistant new text end must obtain a new license by applying for licensure and fulfilling the requirements 21.14then in existence for obtaining an initial license to practice physical therapy in Minnesota. 21.15    Sec. 31. Minnesota Statutes 2006, section 148.736, subdivision 1, is amended to read: 21.16    Subdivision 1. Board approval; reporting. A physical therapist, new text begin or physical new text end 21.17 new text begin therapist assistant new text end whose right to practice is under suspension, condition, limitation, 21.18qualification, or restriction by the board may be granted cancellation of credentials by 21.19approval of the board. Such action by the board shall be reported as cancellation while 21.20under discipline. Credentials, for purposes of this section, means board authorized 21.21documentation of the privilege to practice physical therapy. 21.22    Sec. 32. Minnesota Statutes 2006, section 148.74, is amended to read: 21.23148.74 RULES. 21.24    The board may adopt rules needed to carry out sections 148.65 to 148.78. The 21.25secretary-treasurer of the board shall keep a record of proceedings under these sections 21.26and a register of all persons licensed under it. The register shall show the name, address, 21.27date and number of the license, and the renewal of the license. Any other interested 21.28person in the state may obtain a copy of the list on request to the board upon paying an 21.29amount fixed by the board. The amount shall not exceed the cost of the list furnished. The 21.30board shall provide blanks, books, certificates, and stationery and assistance necessary to 21.31transact business of the board. All money received by the board under sections to 21.32 shall be paid into the state treasury as provided for by law. The board shall set by 21.33rule the amounts of the application fee and the annual licensing fee. The fees collected by 21.34the board must be sufficient to cover the costs of administering sections to . 22.1    Sec. 33. Minnesota Statutes 2006, section 148.75, is amended to read: 22.2148.75 LICENSES; DENIAL, SUSPENSION, REVOCATION new text begin DISCIPLINARY new text end 22.3 new text begin ACTION new text end . 22.4    (a) The state board of Physical Therapy may refuse to grant a license to any physical 22.5therapist, or may suspend or revoke the license of any physical therapist for any of the 22.6following grounds new text begin may impose disciplinary action specified in paragraph (b) against an new text end 22.7 new text begin applicant or licensee whom the board, by a preponderance of the evidence, determines new text end : 22.8    (1) using drugs or intoxicating liquors to an extent which affects professional 22.9competence; 22.10    (2) conviction of a felony; 22.11     new text begin (1) has violated a statute, rule, order, or agreement for corrective action that the new text end 22.12 new text begin board issued or is otherwise authorized or empowered to enforce; new text end 22.13     new text begin (2) is unable to practice physical therapy with reasonable skill and safety by reason new text end 22.14 new text begin of any mental or physical illness or condition, including deterioration through the aging new text end 22.15 new text begin process or loss of motor skills, or use of alcohol, drugs, narcotics, chemicals, or any new text end 22.16 new text begin other type of material; new text end 22.17     new text begin (3) has been convicted of or has pled guilty or nolo contendere to a felony or other new text end 22.18 new text begin crime, an element of which is dishonesty or fraud, or has been shown to have engaged new text end 22.19 new text begin in acts or practices tending to show that the applicant or licensee is incompetent or has new text end 22.20 new text begin engaged in conduct reflecting adversely on the applicant's or licensee's ability or fitness to new text end 22.21 new text begin engage in the practice of physical therapy; new text end 22.22    (3) conviction for new text begin (4) has been convicted of new text end violating any state or federal narcotic 22.23law; 22.24    (4) obtaining new text begin (5) has obtained or attempted to obtain new text end a license or attempting to 22.25obtain a license new text begin or approval of continuing education activities, or passed an examination, new text end 22.26by fraud or deception; 22.27    (5) conduct unbecoming a person licensed as a physical therapist or conduct 22.28detrimental to the best interests of the public; 22.29     new text begin (6) has engaged in unprofessional conduct or any other conduct which has the new text end 22.30 new text begin potential for causing harm to the public, including any departure from or failure to new text end 22.31 new text begin conform to the minimum standards of acceptable and prevailing practice without actual new text end 22.32 new text begin injury having to be established; new text end 22.33    (6) new text begin (7) has engaged in new text end gross negligence in the practice of physical therapy as a 22.34physical therapist; 22.35    (7) treating new text begin (8) has treated new text end human ailments by physical therapy after an initial 30-day 22.36period of patient admittance to treatment has lapsed, except by the order or referral of a 23.1person licensed in this state in the practice of medicine as defined in section 147.081, the 23.2practice of chiropractic as defined in section 148.01, the practice of podiatry as defined 23.3in section 153.01, or the practice of dentistry as defined in section 150A.05 and whose 23.4license is in good standing; or when a previous diagnosis exists indicating an ongoing 23.5condition warranting physical therapy treatment, subject to periodic review defined by 23.6board of physical therapy rule; 23.7    (8) treating new text begin (9) has treated new text end human ailments, without referral, by physical therapy 23.8treatment without first having practiced one year under a physician's orders as verified by 23.9the board's records; 23.10    (9) failing new text begin (10) has failed new text end to consult with the patient's health care provider who 23.11prescribed the physical therapy treatment if the treatment is altered by the physical 23.12therapist from the original written order. The provision does not include written orders to 23.13"evaluate and treat"; 23.14    (10) treating human ailments other than by physical therapy unless duly licensed or 23.15registered to do so under the laws of this state; 23.16    (11) inappropriate delegation new text begin has inappropriately delegated new text end to a physical therapist 23.17assistant or inappropriate task assignment new text begin inappropriately assigned tasks new text end to an aide new text begin , new text end or 23.18inadequate supervision of new text begin inadequately supervised new text end a student physical therapist, physical 23.19therapist assistant, student physical therapist assistant, or a physical therapy aide; 23.20    (12) practicing new text begin has practiced new text end as a physical therapist performing medical diagnosis, 23.21the practice of medicine as defined in section 147.081, or the practice of chiropractic as 23.22defined in section 148.01; 23.23    (13) failing new text begin has failed new text end to comply with a reasonable request to obtain appropriate 23.24clearance for mental or physical conditions that would interfere with the ability to practice 23.25physical therapy, and that may be potentially harmful to patients; 23.26    (14) dividing new text begin has divided new text end fees with, or paying or promising to pay a commission or 23.27part of the fee to, any person who contacts the physical therapist for consultation or sends 23.28patients to the physical therapist for treatment; 23.29    (15) engaging new text begin has engaged new text end in an incentive payment arrangement, other than that 23.30prohibited by clause (14), that tends to promote physical therapy overuse, that allows the 23.31referring person or person who controls the availability of physical therapy services to a 23.32client to profit unreasonably as a result of patient treatment; 23.33    (16) practicing physical therapy and failing new text begin has failed new text end to refer to a licensed health 23.34care professional a patient whose medical condition at the time of evaluation has been 23.35determined by the physical therapist to be beyond the scope of practice of a physical 23.36therapist; 24.1    (17) failing new text begin has failed new text end to report to the board other licensed physical therapists 24.2 new text begin licensees new text end who violate this section; and 24.3    (18) practicing new text begin has engaged in the practice of new text end physical therapy under lapsed or 24.4nonrenewed credentials. new text begin ; new text end 24.5     new text begin (19) has had a license, certificate, charter, registration, privilege to take an new text end 24.6 new text begin examination, or other similar authority denied, revoked, suspended, canceled, limited, new text end 24.7 new text begin reprimanded, or otherwise disciplined, or not renewed for cause in any jurisdiction; or has new text end 24.8 new text begin surrendered or voluntarily terminated a license or certificate during a board investigation new text end 24.9 new text begin of a complaint, as part of a disciplinary order, or while under a disciplinary order; new text end 24.10     new text begin (20) has been subject to a corrective action or similar action in another jurisdiction new text end 24.11 new text begin or by another regulatory authority; or new text end 24.12     new text begin (21) has failed to cooperate with an investigation of the board, including responding new text end 24.13 new text begin fully and promptly to any question raised by or on behalf of the board relating to the new text end 24.14 new text begin subject of the investigation, executing all releases requested by the board, providing copies new text end 24.15 new text begin of patient records, as reasonably requested by the board to assist it in its investigation, and new text end 24.16 new text begin appearing at conferences or hearings scheduled by the board or its staff. new text end 24.17     new text begin (b) If grounds for disciplinary action exist under paragraph (a), the board may take new text end 24.18 new text begin one or more of the following actions: new text end 24.19     new text begin (1) deny the application for licensure; new text end 24.20     new text begin (2) deny the renewal of the license; new text end 24.21     new text begin (3) revoke the license; new text end 24.22     new text begin (4) suspend the license; new text end 24.23     new text begin (5) impose limitations or conditions on the licensee's practice of physical therapy, new text end 24.24 new text begin including the: (i) limitation of scope of practice to designated field specialties; (ii) new text end 24.25 new text begin imposition of retraining or rehabilitation requirements; (iii) requirement of practice under new text end 24.26 new text begin supervision; or (iv) conditioning of continued practice on demonstration of knowledge or new text end 24.27 new text begin skills by appropriate examination, monitoring, or other review of skill and competence; new text end 24.28     new text begin (6) impose a civil penalty not to exceed $10,000 for each separate violation, new text end 24.29 new text begin the amount of the civil penalty to be fixed so as to deprive the physical therapist of new text end 24.30 new text begin any economic advantage gained by reason of the violation charged, to discourage new text end 24.31 new text begin similar violations, or to reimburse the board for the cost of the investigation and new text end 24.32 new text begin proceeding including, but not limited to, fees paid for services provided by the Office of new text end 24.33 new text begin Administrative Hearings, legal and investigative services provided by the Office of the new text end 24.34 new text begin Attorney General, court reporters, witnesses, reproduction of records, board members' new text end 24.35 new text begin per diem compensation, board staff time, and travel costs and expenses incurred by board new text end 24.36 new text begin staff and board members; new text end 25.1     new text begin (7) order the licensee to provide unremunerated service; new text end 25.2     new text begin (8) censure or reprimand the licensee; or new text end 25.3     new text begin (9) any other action as allowed by law and justified by the facts of the case. new text end 25.4    (b) new text begin (c) new text end A license to practice as a physical therapist new text begin or physical therapist assistant new text end is 25.5 new text begin automatically new text end suspended if (1) a guardian of the physical therapist new text begin licensee new text end is appointed 25.6by order of a court pursuant to sections 524.5-101 to 524.5-502, for reasons other than 25.7the minority of the physical therapist new text begin licensee new text end ; or (2) the physical therapist new text begin licensee new text end is 25.8committed by order of a court pursuant to chapter 253B. The license remains suspended 25.9until the physical therapist new text begin licensee new text end is restored to capacity by a court and, upon petition 25.10by the physical therapist new text begin licensee new text end , the suspension is terminated by the Board of Physical 25.11Therapy after a hearing. 25.12    Sec. 34. Minnesota Statutes 2006, section 148.754, is amended to read: 25.13148.754 EXAMINATION; ACCESS TO MEDICAL DATA. 25.14    (a) If the board has probable cause to believe that a physical therapist new text begin licensee new text end 25.15comes under section 148.75, paragraph (a), new text begin clause (2), new text end it may direct the physical therapist 25.16 new text begin licensee new text end to submit to a mental or physical examination. For the purpose of this paragraph, 25.17every physical therapist new text begin licensee new text end is deemed to have consented to submit to a mental or 25.18physical examination when directed in writing by the board and further to have waived 25.19all objections to the admissibility of the examining physicians' testimony or examination 25.20reports on the ground that they constitute a privileged communication. Failure of the 25.21physical therapist new text begin licensee new text end to submit to an examination when directed constitutes an 25.22admission of the allegations against the person, unless the failure was due to circumstances 25.23beyond the person's control, in which case a default and final order may be entered without 25.24the taking of testimony or presentation of evidence. A physical therapist new text begin licensee new text end affected 25.25under this paragraph shall, at reasonable intervals, be given an opportunity to demonstrate 25.26that the person can resume the competent practice of physical therapy with reasonable 25.27skill and safety to the public. 25.28    (b) In any proceeding under paragraph (a), neither the record of proceedings nor 25.29the orders entered by the board shall be used against a physical therapist new text begin licensee new text end in any 25.30other proceeding. 25.31    (c) In addition to ordering a physical or mental examination, the board may, 25.32notwithstanding section 13.384, 144.651, or any other law limiting access to medical 25.33or other health data, obtain medical data and health records relating to a physical 25.34therapist new text begin licensee new text end or applicant without the person's or applicant's consent if the board has 25.35probable cause to believe that a physical therapist new text begin the person new text end comes under paragraph 26.1(a). The medical data may be requested from a provider, as defined in section 144.335, 26.2subdivision 1 , paragraph (b), an insurance company, or a government agency, including 26.3the Department of Human Services. A provider, insurance company, or government 26.4agency shall comply with any written request of the board under this paragraph and is 26.5not liable in any action for damages for releasing the data requested by the board if the 26.6data are released pursuant to a written request under this paragraph, unless the information 26.7is false and the provider giving the information knew, or had reason to believe, the 26.8information was false. Information obtained under this paragraph is classified as private 26.9under sections 13.01 to 13.87. 26.10    Sec. 35. Minnesota Statutes 2006, section 148.755, is amended to read: 26.11148.755 TEMPORARY SUSPENSION OF LICENSE. 26.12    In addition to any other remedy provided by law, the board may, without a hearing, 26.13temporarily suspend the license of a physical therapist new text begin licensee new text end if the board finds that the 26.14physical therapist new text begin licensee new text end has violated a statute or rule which the board is empowered to 26.15enforce and continued practice by the physical therapist new text begin licensee new text end would create a serious 26.16risk of harm to the public. The suspension shall take effect upon written notice to the 26.17physical therapist new text begin licensee new text end , specifying the statute or rule violated. The suspension shall 26.18remain in effect until the board issues a final order in the matter after a hearing. At the 26.19time it issues the suspension notice, the board shall schedule a disciplinary hearing to be 26.20held pursuant to the Administrative Procedure Act, chapter 14. The physical therapist 26.21 new text begin licensee new text end shall be provided with at least 20 days' notice of any hearing held pursuant to this 26.22section. The hearing shall be scheduled to begin no later than 30 days after the issuance 26.23of the suspension order. 26.24    Sec. 36. Minnesota Statutes 2006, section 148.76, subdivision 1, is amended to read: 26.25    Subdivision 1. Licensure required. No person shall: 26.26    (1) provide physical therapy unless the person is licensed as a physical therapist new text begin or new text end 26.27 new text begin physical therapist assistant new text end under sections 148.65 to 148.78; 26.28    (2) use the title of physical therapist without a license as a physical therapist new text begin or use new text end 26.29 new text begin the title physical therapist assistant without a license as a physical therapist assistant new text end 26.30issued under sections 148.65 to 148.78; 26.31    (3) in any manner hold out as a physical therapist, or use in connection with the 26.32person's name the words or letters Physical Therapist, Physiotherapist, Physical Therapy 26.33Technician, Registered Physical Therapist, Licensed Physical Therapist, PT, PTT, RPT, 26.34LPT, or any letters, words, abbreviations or insignia indicating or implying that the person 27.1is a physical therapist, without a license as a physical therapist issued under sections 27.2148.65 to 148.78. To do so is a gross misdemeanor; 27.3     new text begin (4) in any manner hold out as a physical therapist assistant, or use in connection with new text end 27.4 new text begin the person's name the words or letters Physical Therapist Assistant, P.T.A., or any letters, new text end 27.5 new text begin words, abbreviations, or insignia indicating or implying that the person is a physical new text end 27.6 new text begin therapist assistant, without a license as a physical therapist assistant under sections 148.65 new text end 27.7 new text begin to 148.78. To do so is a gross misdemeanor; or new text end 27.8    (4) new text begin (5) new text end employ fraud or deception in applying for or securing a license as a physical 27.9therapist new text begin or physical therapist assistant new text end . 27.10    Nothing in sections 148.65 to 148.78 prohibits a person licensed or registered in this 27.11state under another law from carrying out the therapy or practice for which the person is 27.12duly licensed or registered. 27.13    Sec. 37. Minnesota Statutes 2006, section 148.78, is amended to read: 27.14148.78 PROSECUTION, ALLEGATIONS. 27.15    In the prosecution of any person for violation of sections 148.65 to 148.78 as 27.16specified in section 148.76, it shall not be necessary to allege or prove want of a valid 27.17license as a physical therapist new text begin or physical therapist assistant new text end , but shall be a matter of 27.18defense to be established by the accused. 27.19    Sec. 38. new text begin [148.785] FEES. new text end 27.20     new text begin The fees charged by the board are fixed at the following rates: new text end 27.21     new text begin (1) application fee for physical therapists and physical therapist assistants, $100; new text end 27.22     new text begin (2) annual licensure for physical therapists and physical therapist assistants, $60; new text end 27.23     new text begin (3) licensure renewal late fee, $20; new text end 27.24     new text begin (4) temporary permit, $25; new text end 27.25     new text begin (5) duplicate license or registration, $20; new text end 27.26     new text begin (6) certification letter, $25; new text end 27.27     new text begin (7) education or training program approval, $100; new text end 27.28     new text begin (8) report creation and generation, $60 per hour billed in quarter-hour increments new text end 27.29 new text begin with a quarter-hour minimum; and new text end 27.30     new text begin (9) examination administration: new text end 27.31     new text begin (i) half day, $50; and new text end 27.32     new text begin (ii) full day, $80. new text end 27.33    Sec. 39. Minnesota Statutes 2006, section 148B.50, subdivision 5, is amended to read: 28.1    Subd. 5. Scope of practice. (a) The scope of practice of a licensed professional 28.2counselor includes, but is not limited to: 28.3    (1) the implementation of professional counseling treatment interventions including 28.4evaluation, treatment planning, assessment, and referral; 28.5    (2) direct counseling services to individuals, groups, and families; 28.6    (3) counseling strategies that effectively respond to multicultural populations; 28.7    (4) knowledge of relevant laws and ethics impacting practice; 28.8    (5) crisis intervention; 28.9    (6) consultation; and 28.10    (7) program evaluation and applied research. 28.11    (b) For the purposes of paragraph (a), clause (1), "professional counseling treatment 28.12interventions" means the application of cognitive, affective, behavioral, systemic, and 28.13community counseling strategies which include principles of human development, 28.14wellness, and pathology. Counselors provide mental health services for clients whose 28.15symptoms significantly interfere with daily functioning and would most likely not improve 28.16in a reasonable time period without intervention. 28.17    (c) Licensed professional counseling does not include activities or services 28.18undertaken by persons listed in section 148B.592, or the performance of any act that 28.19licensed professional counselors are not educated and trained to perform. 28.20    (d) In order to evaluate and treat mental illness, a licensed professional counselor 28.21must complete the postgraduate training specified in section 245.462, subdivision 18, 28.22clause (6), or 245.4871, subdivision 27, clause (6). 28.23    Sec. 40. Minnesota Statutes 2006, section 148B.53, subdivision 1, is amended to read: 28.24    Subdivision 1. General requirements. (a) To be licensed as a licensed professional 28.25counselor (LPC), an applicant must provide evidence satisfactory to the board that the 28.26applicant: 28.27    (1) is at least 18 years of age; 28.28    (2) is of good moral character; 28.29    (3) has completed a master's or doctoral degree program in counseling or a related 28.30field, as determined by the board based on the criteria in paragraph (b), that includes a 28.31minimum of 48 semester hours or 72 quarter hours and a supervised field experience of 28.32not fewer than 700 hours that is counseling in nature; 28.33    (4) has submitted to the board a plan for supervision during the first 2,000 hours 28.34of professional practice or has submitted proof of supervised professional practice that 28.35is acceptable to the board; and 29.1    (5) has demonstrated competence in professional counseling by passing the National 29.2Counseling Exam (NCE) administered by the National Board for Certified Counselors, 29.3Inc. (NBCC) or an equivalent national examination as determined by the board, and 29.4ethical, oral, and situational examinations if prescribed by the board. 29.5    (b) The degree described in paragraph (a), clause (3), must be from a counseling 29.6program recognized by the Council for Accreditation of Counseling and Related Education 29.7Programs (CACREP) or from an institution of higher education that is accredited by 29.8a regional accrediting organization recognized by the Council for Higher Education 29.9Accreditation (CHEA). Except as provided in paragraph (e), Specific academic course 29.10content and training must include course work new text begin course work new text end in each of the following 29.11subject areas: 29.12    (1) the helping relationship, including counseling theory and practice; 29.13    (2) human growth and development; 29.14    (3) lifestyle and career development; 29.15    (4) group dynamics, processes, counseling, and consulting; 29.16    (5) assessment and appraisal; 29.17    (6) social and cultural foundations, including multicultural issues; 29.18    (7) principles of etiology, treatment planning, and prevention of mental and 29.19emotional disorders and dysfunctional behavior; 29.20    (8) family counseling and therapy; 29.21    (9) research and evaluation; and 29.22    (10) professional counseling orientation and ethics. 29.23    (c) To be licensed as a professional counselor, a psychological practitioner licensed 29.24under section 148.908 need only show evidence of licensure under that section and is not 29.25required to comply with paragraph (a), clauses (1) to (3) and (5), or paragraph (b). 29.26    (d) To be licensed as a professional counselor, a Minnesota licensed psychologist 29.27need only show evidence of licensure from the Minnesota Board of Psychology and is not 29.28required to comply with paragraph (a) or (b). 29.29    (e) If the degree described in paragraph (a), clause (3), is from a counseling program 29.30recognized by the Council for Accreditation of Counseling and Related Education 29.31Programs (CACREP), the applicant is deemed to have met the specific course work 29.32requirements of paragraph (b). 29.33    Sec. 41. Minnesota Statutes 2006, section 148B.53, subdivision 3, is amended to read: 29.34    Subd. 3. Fee. Nonrefundable fees are as follows: 30.1    (1) initial license application fee for licensed professional counseling (LPC) - $250 new text begin new text end 30.2 new text begin $150 new text end ; 30.3    (2) new text begin initial license fee for LPC - $250; new text end 30.4     new text begin (3) new text end annual active license renewal fee for LPC - $200 new text begin $250 new text end or equivalent; 30.5    (3) new text begin (4) new text end annual inactive license renewal fee for LPC - $100 new text begin $125 new text end ; 30.6     new text begin (5) initial license application fee for licensed professional clinical counseling new text end 30.7 new text begin (LPCC) - $150; new text end 30.8     new text begin (6) initial license fee for LPCC - $250; new text end 30.9     new text begin (7) annual active license renewal fee for LPCC - $250 or equivalent; new text end 30.10     new text begin (8) annual inactive license renewal fee for LPCC - $125; new text end 30.11    (4) new text begin (9) new text end license renewal late fee - $100 per month or portion thereof; 30.12    (5) new text begin (10) new text end copy of board order or stipulation - $10; 30.13    (6) new text begin (11) new text end certificate of good standing or license verification - $10 new text begin $25 new text end ; 30.14    (7) new text begin (12) new text end duplicate certificate fee - $10 new text begin $25 new text end ; 30.15    (8) new text begin (13) new text end professional firm renewal fee - $25; 30.16    (9) new text begin (14) sponsor application for approval of a continuing education course - $60; new text end 30.17     new text begin (15) new text end initial registration fee - $50; and 30.18    (10) new text begin (16) new text end annual registration renewal fee - $25 new text begin ; and new text end 30.19     new text begin (17) approved supervisor application processing fee - $30 new text end . 30.20    Sec. 42. new text begin [148B.5301] REQUIREMENTS FOR LICENSURE AS A LICENSED new text end 30.21 new text begin PROFESSIONAL CLINICAL COUNSELOR. new text end 30.22     new text begin Subdivision 1. new text end new text begin General requirements. new text end new text begin (a) To be licensed as a licensed professional new text end 30.23 new text begin clinical counselor (LPCC), an applicant must provide satisfactory evidence to the board new text end 30.24 new text begin that the applicant: new text end 30.25     new text begin (1) is at least 18 years of age; new text end 30.26     new text begin (2) is of good moral character; new text end 30.27     new text begin (3) has completed a masters or doctoral degree program in counseling or a new text end 30.28 new text begin related field, as determined by the board based on the criteria in items (i) to (x), that new text end 30.29 new text begin includes a minimum of 48 semester hours or 72 quarter hours and a supervised field new text end 30.30 new text begin experience in counseling that is not fewer than 700 hours. The degree must be from new text end 30.31 new text begin a counseling program recognized by the Council for Accreditation of Counseling and new text end 30.32 new text begin Related Education Programs (CACREP) or from an institution of higher education that is new text end 30.33 new text begin accredited by a regional accrediting organization recognized by the Council for Higher new text end 30.34 new text begin Education Accreditation (CHEA). Specific academic course content and training must new text end 30.35 new text begin include coursework in each of the following subject areas: new text end 31.1     new text begin (i) helping relationship, including counseling theory and practice; new text end 31.2     new text begin (ii) human growth and development; new text end 31.3     new text begin (iii) lifestyle and career development; new text end 31.4     new text begin (iv) group dynamics, processes, counseling, and consulting; new text end 31.5     new text begin (v) assessment and appraisal; new text end 31.6     new text begin (vi) social and cultural foundations, including multicultural issues; new text end 31.7     new text begin (vii) principles of etiology, treatment planning, and prevention of mental and new text end 31.8 new text begin emotional disorders and dysfunctional behavior; new text end 31.9     new text begin (viii) family counseling and therapy; new text end 31.10     new text begin (ix) research and evaluation; and new text end 31.11     new text begin (x) professional counseling orientation and ethics; new text end 31.12     new text begin (4) has demonstrated competence in professional counseling by passing the National new text end 31.13 new text begin Clinical Mental Health Counseling Examination (NCMHCE), administered by the new text end 31.14 new text begin National Board for Certified Counselors, Inc. (NBCC) and ethical, oral, and situational new text end 31.15 new text begin examinations as prescribed by the board. In lieu of the NCMHCE, applicants who have new text end 31.16 new text begin taken and passed the National Counselor Examination (NCE) administered by the NBCC, new text end 31.17 new text begin or another board-approved examination, need only take and pass the Examination of new text end 31.18 new text begin Clinical Counseling Practice (ECCP) administered by the NBCC; new text end 31.19     new text begin (5) has earned graduate-level semester credits or quarter-credit equivalents in the new text end 31.20 new text begin following clinical content areas as follows: new text end 31.21     new text begin (i) six credits in diagnostic assessment for child or adult mental disorders; normative new text end 31.22 new text begin development; and psychopathology, including developmental psychopathology; new text end 31.23     new text begin (ii) three credits in clinical treatment planning, with measurable goals; new text end 31.24     new text begin (iii) six credits in clinical intervention methods informed by research evidence and new text end 31.25 new text begin community standards of practice; new text end 31.26     new text begin (iv) three credits in evaluation methodologies regarding the effectiveness of new text end 31.27 new text begin interventions; new text end 31.28     new text begin (v) three credits in professional ethics applied to clinical practice; and new text end 31.29     new text begin (vi) three credits in cultural diversity; and new text end 31.30     new text begin (6) has demonstrated successful completion of 4,000 hours of supervised, new text end 31.31 new text begin postmasters degree professional practice in the delivery of clinical services in the new text end 31.32 new text begin diagnosis and treatment of child and adult mental illnesses and disorders, conducted new text end 31.33 new text begin according to subdivision 2. new text end 31.34     new text begin (b) If coursework in paragraph (a) was not completed as part of the degree program new text end 31.35 new text begin required by paragraph (a), clause (3), the coursework must be taken and passed for credit, new text end 32.1 new text begin and must be earned from a counseling program or institution that meets the requirements new text end 32.2 new text begin of paragraph (a), clause (3). new text end 32.3     new text begin Subd. 2. new text end new text begin Supervision. new text end new text begin (a) To qualify as a LPCC, an applicant must have completed new text end 32.4 new text begin 4,000 hours of postmasters degree supervised professional practice in the delivery of new text end 32.5 new text begin clinical services in the diagnosis and treatment of mental illnesses and disorders in new text end 32.6 new text begin both children and adults. The supervised practice shall be conducted according to the new text end 32.7 new text begin requirements in paragraphs (b) to (e). new text end 32.8     new text begin (b) The supervision must have been received under a contract that defines clinical new text end 32.9 new text begin practice and supervision from a mental health professional as defined in section 245.462, new text end 32.10 new text begin subdivision 18, clauses (1) to (6), or section 245.4871, subdivision 27, clauses (1) to (6), new text end 32.11 new text begin or by a board-approved supervisor, who has at least two years of postlicensure experience new text end 32.12 new text begin in the delivery of clinical services in the diagnosis and treatment of mental illnesses and new text end 32.13 new text begin disorders. new text end 32.14     new text begin (c) The supervision must be obtained at the rate of two hours of supervision per 40 new text end 32.15 new text begin hours of professional practice. The supervision must be evenly distributed over the course new text end 32.16 new text begin of the supervised professional practice. At least 75 percent of the required supervision new text end 32.17 new text begin hours must be received in person. The remaining 25 percent of the required hours may be new text end 32.18 new text begin received by telephone or by audio or audiovisual electronic device. At least 50 percent of new text end 32.19 new text begin the required hours of supervision must be received on an individual basis. The remaining new text end 32.20 new text begin 50 percent may be received in a group setting. new text end 32.21     new text begin (d) The supervised practice must include at least 1,800 hours of clinical client new text end 32.22 new text begin contact. new text end 32.23     new text begin (e) The supervised practice must be clinical practice. Supervision includes the new text end 32.24 new text begin observation by the supervisor of the successful application of professional counseling new text end 32.25 new text begin knowledge, skills, and values in the differential diagnosis and treatment of psychosocial new text end 32.26 new text begin function, disability, or impairment, including addictions and emotional, mental, and new text end 32.27 new text begin behavioral disorders. new text end 32.28     new text begin Subd. 3. new text end new text begin Conversion from licensed professional counselor to licensed clinical new text end 32.29 new text begin counselor. new text end new text begin (a) Until August 1, 2011, an individual currently licensed in the state of new text end 32.30 new text begin Minnesota as a licensed professional counselor may convert to a LPCC by providing new text end 32.31 new text begin evidence satisfactory to the board that the applicant has met the following requirements: new text end 32.32     new text begin (1) is at least 18 years of age; new text end 32.33     new text begin (2) is of good moral character; new text end 32.34     new text begin (3) has a license that is active and in good standing; new text end 32.35     new text begin (4) has no complaints pending, uncompleted disciplinary orders, or corrective new text end 32.36 new text begin action agreements; new text end 33.1     new text begin (5) has completed a masters or doctoral degree program in counseling or a related new text end 33.2 new text begin field, as determined by the board, and whose degree was from a counseling program new text end 33.3 new text begin recognized by CACREP or from an institution of higher education that is accredited by a new text end 33.4 new text begin regional accrediting organization recognized by CHEA; new text end 33.5     new text begin (6) has earned 24 graduate-level semester credits or quarter-credit equivalents in new text end 33.6 new text begin clinical coursework which includes content in the following clinical areas: new text end 33.7     new text begin (i) diagnostic assessment for child and adult mental disorders; normative new text end 33.8 new text begin development; and psychopathology, including developmental psychopathology; new text end 33.9     new text begin (ii) clinical treatment planning, with measurable goals; new text end 33.10     new text begin (iii) clinical intervention methods informed by research evidence and community new text end 33.11 new text begin standards of practice; new text end 33.12     new text begin (iv) evaluation methodologies regarding the effectiveness of interventions; new text end 33.13     new text begin (v) professional ethics applied to clinical practice; and new text end 33.14     new text begin (vi) cultural diversity; new text end 33.15     new text begin (7) has demonstrated, to the satisfaction of the board, successful completion of new text end 33.16 new text begin 4,000 hours of supervised, postmasters degree professional practice in the delivery of new text end 33.17 new text begin clinical services in the diagnosis and treatment of child and adult mental illnesses and new text end 33.18 new text begin disorders; and new text end 33.19     new text begin (8) has paid the LPCC application and licensure fees required in section 148B.53, new text end 33.20 new text begin subdivision 3. new text end 33.21     new text begin (b) If the coursework in paragraph (a) was not completed as part of the degree new text end 33.22 new text begin program required by paragraph (a), clause (5), the coursework must be taken and passed new text end 33.23 new text begin for credit, and must be earned from a counseling program or institution that meets the new text end 33.24 new text begin requirements in paragraph (a), clause (5). new text end 33.25     new text begin (c) This subdivision expires August 1, 2011. new text end 33.26     new text begin Subd. 4. new text end new text begin Conversion to licensed professional clinical counselor after August 1, new text end 33.27 new text begin 2011. new text end new text begin An individual licensed in the state of Minnesota as a licensed professional counselor new text end 33.28 new text begin may convert to a LPCC by providing evidence satisfactory to the board that the applicant new text end 33.29 new text begin has met the requirements of subdivisions 1 and 2, subject to the following: new text end 33.30     new text begin (1) the individual's license must be active and in good standing; new text end 33.31     new text begin (2) the individual must not have any complaints pending, uncompleted disciplinary new text end 33.32 new text begin orders, or corrective action agreements; and new text end 33.33     new text begin (3) the individual has paid the LPCC application and licensure fees required in new text end 33.34 new text begin section 148B.53, subdivision 3. new text end 34.1     new text begin Subd. 5. new text end new text begin Scope of practice. new text end new text begin The scope of practice of a LPCC shall include all new text end 34.2 new text begin those services provided by mental health professionals as defined in section 245.462, new text end 34.3 new text begin subdivision 18, and section 245.4871, subdivision 27. new text end 34.4     new text begin Subd. 6. new text end new text begin Jurisdiction. new text end new text begin LPCC's are subject to the board's statutes and rules to the new text end 34.5 new text begin same extent as licensed professional counselors. new text end 34.6    Sec. 43. new text begin [148B.532] DEGREES FROM FOREIGN INSTITUTIONS. new text end 34.7     new text begin Subdivision 1. new text end new text begin Scope and documentation. new text end new text begin In addition to meeting all other licensure new text end 34.8 new text begin requirements, an applicant for licensure whose degree was received from a foreign degree new text end 34.9 new text begin program that is not recognized by the Council for Accreditation of Counseling and Related new text end 34.10 new text begin Education Programs (CACREP) or from a foreign institution of higher education that is new text end 34.11 new text begin not accredited by a regional accrediting organization recognized by the Council for Higher new text end 34.12 new text begin Education Accreditation (CHEA) must fulfill the requirements of this section, providing new text end 34.13 new text begin certified English translations of board-required relevant documentation. new text end 34.14     new text begin Subd. 2. new text end new text begin Education evaluation. new text end new text begin An applicant for licensure as a licensed new text end 34.15 new text begin professional counselor must present evidence of completion of a degree equivalent to new text end 34.16 new text begin that required in section 148B.53, subdivision 1, paragraphs (a), clause (3); and (b). This new text end 34.17 new text begin evidence will be evaluated by the board with the assistance of a credentials evaluation new text end 34.18 new text begin service familiar with educational standards and professional qualification. The evaluation new text end 34.19 new text begin must be sent directly to the board from the evaluating agency. Agencies providing new text end 34.20 new text begin evaluation services must be accepted by the National Board for Certified Counselors, Inc. new text end 34.21 new text begin The applicant shall be responsible for the expenses incurred as a result of the evaluation. new text end 34.22    Sec. 44. Minnesota Statutes 2006, section 148C.12, is amended by adding a 34.23subdivision to read: 34.24     new text begin Subd. 12. new text end new text begin Sponsor application fee. new text end new text begin The fee for sponsor application for approval new text end 34.25 new text begin of a continuing education course is $60. new text end 34.26    Sec. 45. Minnesota Statutes 2006, section 148C.12, is amended by adding a 34.27subdivision to read: 34.28     new text begin Subd. 13. new text end new text begin Order or stipulation fee. new text end new text begin The fee for a copy of a board order or new text end 34.29 new text begin stipulation is $10. new text end 34.30    Sec. 46. Minnesota Statutes 2006, section 148C.12, is amended by adding a 34.31subdivision to read: 34.32     new text begin Subd. 14. new text end new text begin Duplicate certificate fee. new text end new text begin The fee for a duplicate certificate is $25. new text end 35.1    Sec. 47. Minnesota Statutes 2006, section 148C.12, is amended by adding a 35.2subdivision to read: 35.3     new text begin Subd. 15. new text end new text begin Supervisor application processing fee. new text end new text begin The fee for licensure supervisor new text end 35.4 new text begin application processing is $30. new text end 35.5    Sec. 48. Minnesota Statutes 2006, section 148D.050, subdivision 1, is amended to read: 35.6    Subdivision 1. Requirements. The practice of social work new text begin A person licensed under new text end 35.7 new text begin section 148D.055 or 148D.061 new text end must comply with the requirements of subdivision 2, 35.83, 4, or 5. 35.9    Sec. 49. Minnesota Statutes 2006, section 148D.055, subdivision 2, is amended to read: 35.10    Subd. 2. Qualifications for licensure by examination as a licensed social worker. 35.11    (a) Except as provided in paragraph (i), To be licensed as a licensed social worker, an 35.12applicant for licensure by examination must provide evidence satisfactory to the board 35.13that the applicant: 35.14    (1) has received a baccalaureate degree in social work from a program accredited by 35.15the Council on Social Work Education, the Canadian Association of Schools of Social 35.16Work, or a similar accreditation body designated by the board; 35.17    (2) has passed the bachelors or equivalent examination administered by the 35.18Association of Social Work Boards or a similar examination body designated by the board. 35.19Unless an applicant applies for licensure by endorsement pursuant to subdivision 7, an 35.20examination is not valid if it was taken and passed eight or more years prior to submitting 35.21a completed, signed application form provided by the board. The examination may be 35.22taken prior to completing degree requirements; 35.23    (3) has submitted a completed, signed application form provided by the board, 35.24including the applicable application fee specified in section 148D.180. For applications 35.25submitted electronically, a "signed application" means providing an attestation as specified 35.26by the board; 35.27    (4) has submitted the criminal background check fee and a form provided by the 35.28board authorizing a criminal background check pursuant to subdivision 8; 35.29    (5) has paid the applicable license fee specified in section 148D.180; and 35.30    (6) has not engaged in conduct that was or would be in violation of the standards 35.31of practice specified in sections 148D.195 to 148D.240. If the applicant has engaged in 35.32conduct that was or would be in violation of the standards of practice, the board may take 35.33action pursuant to sections 148D.255 to 148D.270. 36.1    (b) An application that is not completed and signed, or that is not accompanied by the 36.2correct fee, must be returned to the applicant, along with any fee submitted, and is void. 36.3    (c) A licensee granted a license by the board pursuant to paragraph (a) must meet 36.4the supervised practice requirements specified in sections 148D.100 to 148D.125. If a 36.5licensee does not meet the supervised practice requirements, the board may take action 36.6pursuant to sections 148D.255 to 148D.270. 36.7    (d) By submitting an application for licensure, an applicant authorizes the board to 36.8investigate any information provided or requested in the application. The board may 36.9request that the applicant provide additional information, verification, or documentation. 36.10    (e) Within one year of the time the board receives an application for licensure, the 36.11applicant must meet all the requirements specified in paragraph (a) and must provide all of 36.12the information requested by the board pursuant to paragraph (d). If within one year the 36.13applicant does not meet all the requirements, or does not provide all of the information 36.14requested, the applicant is considered ineligible and the application for licensure must 36.15be closed. 36.16    (f) Except as provided in paragraph (g), an applicant may not take more than three 36.17times the bachelors or equivalent examination administered by the Association of Social 36.18Work Boards, or a similar examination body designated by the board. An applicant must 36.19receive a passing score on the bachelors or equivalent examination administered by the 36.20Association of Social Work Boards or a similar examination body designated by the board 36.21in no more than 18 months after the date the applicant first failed the examination. 36.22    (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a 36.23fourth or subsequent time, the bachelors or equivalent examination administered by the 36.24Association of Social Work Boards or a similar examination body designated by the 36.25board if the applicant: 36.26    (1) meets all requirements specified in paragraphs (a) to (e) other than passing the 36.27bachelors or equivalent examination administered by the Association of Social Work 36.28Boards or a similar examination body designated by the board; 36.29    (2) provides to the board a description of the efforts the applicant has made to 36.30improve the applicant's score and demonstrates to the board's satisfaction that the efforts 36.31are likely to improve the score; and 36.32    (3) provides to the board letters of recommendation from two licensed social workers 36.33attesting to the applicant's ability to practice social work competently and ethically in 36.34accordance with professional social work knowledge, skills, and values. 36.35    (h) An individual must not practice social work until the individual passes the 36.36examination and receives a social work license under this section or section 148D.060. If 37.1the board has reason to believe that an applicant may be practicing social work without a 37.2license, and the applicant has failed the bachelors or equivalent examination administered 37.3by the Association of Social Work Boards or a similar examination body designated by 37.4the board, the board may notify the applicant's employer that the applicant is not licensed 37.5as a social worker. 37.6    (i) An applicant who was born in a foreign country, who has taken and failed to 37.7pass the examination specified in paragraph (a), clause (2), at least once since January 37.81, 2000, and for whom English is a second language, is eligible for licensure as a social 37.9worker if the applicant: 37.10    (1) provides evidence to the board of compliance with the requirements in paragraph 37.11(a), clauses (1) and (3) to (6), and in paragraphs (b) to (e) and (h); and 37.12    (2) provides to the board letters of recommendation and experience ratings from two 37.13licensed social workers and one professor from the applicant's social work program who 37.14can attest to the applicant's competence. 37.15This paragraph expires August 1, 2007. 37.16    Sec. 50. Minnesota Statutes 2006, section 148D.055, subdivision 3, is amended to read: 37.17    Subd. 3. Qualifications for licensure by examination as licensed graduate 37.18social worker. (a) Except as provided in paragraph (i), To be licensed as a licensed 37.19graduate social worker, an applicant for licensure by examination must provide evidence 37.20satisfactory to the board that the applicant: 37.21    (1) has received a graduate degree in social work from a program accredited by the 37.22Council on Social Work Education, the Canadian Association of Schools of Social Work, 37.23or a similar accreditation body designated by the board; 37.24    (2) has passed the masters or equivalent examination administered by the Association 37.25of Social Work Boards or a similar examination body designated by the board. Unless an 37.26applicant applies for licensure by endorsement pursuant to section 148D.055, subdivision 37.277 , an examination is not valid if it was taken and passed eight or more years prior to 37.28submitting a completed, signed application form provided by the board. The examination 37.29may be taken prior to completing degree requirements; 37.30    (3) has submitted a completed, signed application form provided by the board, 37.31including the applicable application fee specified in section 148D.180. For applications 37.32submitted electronically, a "signed application" means providing an attestation as specified 37.33by the board; 37.34    (4) has submitted the criminal background check fee and a form provided by the 37.35board authorizing a criminal background check pursuant to subdivision 8; 38.1    (5) has paid the applicable license fee specified in section 148D.180; and 38.2    (6) has not engaged in conduct that was or would be in violation of the standards 38.3of practice specified in sections 148D.195 to 148D.240. If the applicant has engaged in 38.4conduct that was or would be in violation of the standards of practice, the board may take 38.5action pursuant to sections 148D.255 to 148D.270. 38.6    (b) An application which is not completed and signed, or which is not accompanied 38.7by the correct fee, must be returned to the applicant, along with any fee submitted, and is 38.8void. 38.9    (c) A licensee granted a license by the board pursuant to paragraph (a) must meet 38.10the supervised practice requirements specified in sections 148D.100 to 148D.125. If a 38.11licensee does not meet the supervised practice requirements, the board may take action 38.12pursuant to sections 148D.255 to 148D.270. 38.13    (d) By submitting an application for licensure, an applicant authorizes the board to 38.14investigate any information provided or requested in the application. The board may 38.15request that the applicant provide additional information, verification, or documentation. 38.16    (e) Within one year of the time the board receives an application for licensure, the 38.17applicant must meet all the requirements specified in paragraph (a) and must provide all of 38.18the information requested by the board pursuant to paragraph (d). If within one year the 38.19applicant does not meet all the requirements, or does not provide all of the information 38.20requested, the applicant is considered ineligible and the application for licensure must 38.21be closed. 38.22    (f) Except as provided in paragraph (g), an applicant may not take more than three 38.23times the masters or equivalent examination administered by the Association of Social 38.24Work Boards or a similar examination body designated by the board. An applicant must 38.25receive a passing score on the masters or equivalent examination administered by the 38.26Association of Social Work Boards or a similar examination body designated by the board 38.27in no more than 18 months after the date the applicant first failed the examination. 38.28    (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a 38.29fourth or subsequent time, the masters or equivalent examination administered by the 38.30Association of Social Work Boards or a similar examination body designated by the 38.31board if the applicant: 38.32    (1) meets all requirements specified in paragraphs (a) to (e) other than passing the 38.33masters or equivalent examination administered by the Association of Social Work boards 38.34or a similar examination body designated by the board; 39.1    (2) provides to the board a description of the efforts the applicant has made to 39.2improve the applicant's score and demonstrates to the board's satisfaction that the efforts 39.3are likely to improve the score; and 39.4    (3) provides to the board letters of recommendation from two licensed social workers 39.5attesting to the applicant's ability to practice social work competently and ethically in 39.6accordance with professional social work knowledge, skills, and values. 39.7    (h) An individual must not practice social work until the individual passes the 39.8examination and receives a social work license under this section or section 148D.060. If 39.9the board has reason to believe that an applicant may be practicing social work without a 39.10license, and the applicant has failed the masters or equivalent examination administered 39.11by the Association of Social Work Boards or a similar examination body designated by 39.12the board, the board may notify the applicant's employer that the applicant is not licensed 39.13as a social worker. 39.14    (i) An applicant who was born in a foreign country, who has taken and failed to 39.15pass the examination specified in paragraph (a), clause (2), at least once since January 39.161, 2000, and for whom English is a second language, is eligible for licensure as a social 39.17worker if the applicant: 39.18    (1) provides evidence to the board of compliance with the requirements in paragraph 39.19(a), clauses (1) and (3) to (6), and in paragraphs (b) to (e) and (h); and 39.20    (2) provides to the board letters of recommendation and experience ratings from two 39.21licensed social workers and one professor from the applicant's social work program who 39.22can attest to the applicant's competence. 39.23This paragraph expires August 1, 2007. 39.24    Sec. 51. Minnesota Statutes 2006, section 148D.055, subdivision 4, is amended to read: 39.25    Subd. 4. Licensure by examination; licensed independent social worker. (a) 39.26Except as provided in paragraph (i), To be licensed as a licensed independent social 39.27worker, an applicant for licensure by examination must provide evidence satisfactory 39.28to the board that the applicant: 39.29    (1) has received a graduate degree in social work from a program accredited by the 39.30Council on Social Work Education, the Canadian Association of Schools of Social Work, 39.31or a similar accreditation body designated by the board; 39.32    (2) has practiced social work as defined in section 148D.010, and has met the 39.33supervised practice requirements specified in sections 148D.100 to 148D.125; 39.34    (3) has passed the advanced generalist or equivalent examination administered by 39.35the Association of Social Work Boards or a similar examination body designated by the 40.1board. Unless an applicant applies for licensure by endorsement pursuant to subdivision 40.27, an examination is not valid if it was taken and passed eight or more years prior to 40.3submitting a completed, signed application form provided by the board; 40.4    (4) has submitted a completed, signed application form provided by the board, 40.5including the applicable application fee specified in section 148D.180. For applications 40.6submitted electronically, a "signed application" means providing an attestation as specified 40.7by the board; 40.8    (5) has submitted the criminal background check fee and a form provided by the 40.9board authorizing a criminal background check pursuant to subdivision 8; 40.10    (6) has paid the applicable license fee specified in section 148D.180; and 40.11    (7) has not engaged in conduct that was or would be in violation of the standards 40.12of practice specified in sections 148D.195 to 148D.240. If the applicant has engaged in 40.13conduct that was or would be in violation of the standards of practice, the board may take 40.14action pursuant to sections 148D.255 to 148D.270. 40.15    (b) An application which is not completed and signed, or which is not accompanied 40.16by the correct fee, must be returned to the applicant, along with any fee submitted, and is 40.17void. 40.18    (c) A licensed independent social worker who practices clinical social work must 40.19meet the supervised practice requirements specified in sections 148D.100 to 148D.125. If 40.20a licensee does not meet the supervised practice requirements, the board may take action 40.21pursuant to sections 148D.255 to 148D.270. 40.22    (d) By submitting an application for licensure, an applicant authorizes the board to 40.23investigate any information provided or requested in the application. The board may 40.24request that the applicant provide additional information, verification, or documentation. 40.25    (e) Within one year of the time the board receives an application for licensure, the 40.26applicant must meet all the requirements specified in paragraph (a) and must provide all of 40.27the information requested by the board pursuant to paragraph (d). If within one year the 40.28applicant does not meet all the requirements, or does not provide all of the information 40.29requested, the applicant is considered ineligible and the application for licensure must 40.30be closed. 40.31    (f) Except as provided in paragraph (g), an applicant may not take more than 40.32three times the advanced generalist or equivalent examination administered by the 40.33Association of Social Work Boards or a similar examination body designated by the 40.34board. An applicant must receive a passing score on the masters or equivalent examination 40.35administered by the Association of Social Work Boards or a similar examination body 41.1designated by the board in no more than 18 months after the first time the applicant failed 41.2the examination. 41.3    (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a 41.4fourth or subsequent time, the advanced generalist or equivalent examination administered 41.5by the Association of Social Work Boards or a similar examination body designated by 41.6the board if the applicant: 41.7    (1) meets all requirements specified in paragraphs (a) to (e) other than passing the 41.8advanced generalist or equivalent examination administered by the Association of Social 41.9Work Boards or a similar examination body designated by the board; 41.10    (2) provides to the board a description of the efforts the applicant has made to 41.11improve the applicant's score and demonstrates to the board's satisfaction that the efforts 41.12are likely to improve the score; and 41.13    (3) provides to the board letters of recommendation from two licensed social workers 41.14attesting to the applicant's ability to practice social work competently and ethically in 41.15accordance with professional social work knowledge, skills, and values. 41.16    (h) An individual must not practice social work until the individual passes the 41.17examination and receives a social work license under this section or section 148D.060. If 41.18the board has reason to believe that an applicant may be practicing social work without a 41.19license, except as provided in section 148D.065, and the applicant has failed the advanced 41.20generalist or equivalent examination administered by the Association of Social Work 41.21Boards or a similar examination body designated by the board, the board may notify the 41.22applicant's employer that the applicant is not licensed as a social worker. 41.23    (i) An applicant who was born in a foreign country, who has taken and failed to 41.24pass the examination specified in paragraph (a), clause (3), at least once since January 41.251, 2000, and for whom English is a second language, is eligible for licensure as a social 41.26worker if the applicant: 41.27    (1) provides evidence to the board of compliance with the requirements in paragraph 41.28(a), clauses (1), (2), and (4) to (7), and in paragraphs (b) to (e) and (h); and 41.29    (2) provides to the board letters of recommendation and experience ratings from two 41.30licensed social workers and one professor from the applicant's social work program who 41.31can attest to the applicant's competence. 41.32This paragraph expires August 1, 2007. 41.33    Sec. 52. Minnesota Statutes 2006, section 148D.055, subdivision 5, is amended to read: 41.34    Subd. 5. Licensure by examination; licensed independent clinical social worker. 41.35    (a) Except as provided in paragraph (h), To be licensed as a licensed independent 42.1clinical social worker, an applicant for licensure by examination must provide evidence 42.2satisfactory to the board that the applicant: 42.3    (1) has received a graduate degree in social work from a program accredited by the 42.4Council on Social Work Education, the Canadian Association of Schools of Social Work, 42.5or a similar accreditation body designated by the board; 42.6    (2) has practiced clinical social work as defined in section 148D.010, including both 42.7diagnosis and treatment, and has met the supervised practice requirements specified in 42.8sections 148D.100 to 148D.125; 42.9    (3) has passed the clinical or equivalent examination administered by the Association 42.10of Social Work Boards or a similar examination body designated by the board. Unless an 42.11applicant applies for licensure by endorsement pursuant to subdivision 7, an examination 42.12is not valid if it was taken and passed eight or more years prior to submitting a completed, 42.13signed application form provided by the board; 42.14    (4) has submitted a completed, signed application form provided by the board, 42.15including the applicable application fee specified in section 148D.180. For applications 42.16submitted electronically, a "signed application" means providing an attestation as specified 42.17by the board; 42.18    (5) has submitted the criminal background check fee and a form provided by the 42.19board authorizing a criminal background check pursuant to subdivision 8; 42.20    (6) has paid the license fee specified in section 148D.180; and 42.21    (7) has not engaged in conduct that was or would be in violation of the standards 42.22of practice specified in sections 148D.195 to 148D.240. If the applicant has engaged in 42.23conduct that was or would be in violation of the standards of practice, the board may take 42.24action pursuant to sections 148D.255 to 148D.270. 42.25    (b) An application which is not completed and signed, or which is not accompanied 42.26by the correct fee, must be returned to the applicant, along with any fee submitted, and is 42.27void. 42.28    (c) By submitting an application for licensure, an applicant authorizes the board to 42.29investigate any information provided or requested in the application. The board may 42.30request that the applicant provide additional information, verification, or documentation. 42.31    (d) Within one year of the time the board receives an application for licensure, the 42.32applicant must meet all the requirements specified in paragraph (a) and must provide all of 42.33the information requested by the board pursuant to paragraph (c). If within one year the 42.34applicant does not meet all the requirements, or does not provide all of the information 42.35requested, the applicant is considered ineligible and the application for licensure must 42.36be closed. 43.1    (e) Except as provided in paragraph (f), an applicant may not take more than three 43.2times the clinical or equivalent examination administered by the Association of Social 43.3Work Boards or a similar examination body designated by the board. An applicant must 43.4receive a passing score on the clinical or equivalent examination administered by the 43.5Association of Social Work Boards or a similar examination body designated by the board 43.6no later than 18 months after the first time the applicant failed the examination. 43.7    (f) Notwithstanding paragraph (e), the board may allow an applicant to take, for a 43.8fourth or subsequent time, the clinical or equivalent examination administered by the 43.9Association of Social Work Boards or a similar examination body designated by the 43.10board if the applicant: 43.11    (1) meets all requirements specified in paragraphs (a) to (d) other than passing the 43.12clinical or equivalent examination administered by the Association of Social Work Boards 43.13or a similar examination body designated by the board; 43.14    (2) provides to the board a description of the efforts the applicant has made to 43.15improve the applicant's score and demonstrates to the board's satisfaction that the efforts 43.16are likely to improve the score; and 43.17    (3) provides to the board letters of recommendation from two licensed social workers 43.18attesting to the applicant's ability to practice social work competently and ethically in 43.19accordance with professional social work knowledge, skills, and values. 43.20    (g) An individual must not practice social work until the individual passes the 43.21examination and receives a social work license under this section or section 148D.060. If 43.22the board has reason to believe that an applicant may be practicing social work without a 43.23license, and the applicant has failed the clinical or equivalent examination administered 43.24by the Association of Social Work Boards or a similar examination body designated by 43.25the board, the board may notify the applicant's employer that the applicant is not licensed 43.26as a social worker. 43.27    (h) An applicant who was born in a foreign country, who has taken and failed to 43.28pass the examination specified in paragraph (a), clause (3), at least once since January 43.291, 2000, and for whom English is a second language, is eligible for licensure as a social 43.30worker if the applicant: 43.31    (1) provides evidence to the board of compliance with the requirements in paragraph 43.32(a), clauses (1), (2), and (4) to (7), and paragraphs (b) to (d) and (g); and 43.33    (2) provides to the board letters of recommendation and experience ratings from two 43.34licensed social workers and one professor from the applicant's social work program who 43.35can attest to the applicant's competence. 43.36This paragraph expires August 1, 2007. 44.1    Sec. 53. Minnesota Statutes 2006, section 148D.055, is amended by adding a 44.2subdivision to read: 44.3     new text begin Subd. 7a. new text end new text begin Provisional licensure. new text end new text begin An applicant for provisional licensure must meet new text end 44.4 new text begin the license requirements in subdivisions 2 to 8, except the applicant does not have to new text end 44.5 new text begin pass an examination administered by the Association of Social Work Boards or a similar new text end 44.6 new text begin examination body designated by the board. new text end 44.7    Sec. 54. Minnesota Statutes 2006, section 148D.060, is amended by adding a 44.8subdivision to read: 44.9     new text begin Subd. 2a. new text end new text begin Programs in candidacy status. new text end new text begin The board may issue a temporary new text end 44.10 new text begin license to practice social work to an applicant who has completed the requirements for a new text end 44.11 new text begin baccalaureate or graduate degree in social work from a program in candidacy status with new text end 44.12 new text begin the Council on Social Work Education, the Canadian Association of Schools of Social new text end 44.13 new text begin Work, or a similar accreditation body designated by the board, and has: new text end 44.14     new text begin (1) applied for a license under section 148D.055; new text end 44.15     new text begin (2) applied for a temporary license on a form provided by the board; new text end 44.16     new text begin (3) submitted a form provided by the board authorizing the board to complete a new text end 44.17 new text begin criminal background check; new text end 44.18     new text begin (4) passed the applicable licensure examination provided for in section 148D.055; new text end 44.19 new text begin and new text end 44.20     new text begin (5) not engaged in conduct that is in violation of the standards of practice specified new text end 44.21 new text begin in sections 148D.195 to 148D.240. If the applicant has engaged in conduct that is in new text end 44.22 new text begin violation of the standards of practice, the board may take action according to sections new text end 44.23 new text begin 148D.255 to 148D.270. new text end 44.24    Sec. 55. Minnesota Statutes 2006, section 148D.060, subdivision 5, is amended to read: 44.25    Subd. 5. Temporary license term. (a) A temporary license is valid until expiration, 44.26or until the board issues or denies the license pursuant to section 148D.055, or until the 44.27board revokes the temporary license, whichever comes first. A temporary license is 44.28nonrenewable. 44.29    (b) A temporary license issued pursuant to subdivision 1 or 2 expires after six 44.30months. 44.31     new text begin (c) A temporary license issued pursuant to subdivision 2a expires after 12 months new text end 44.32 new text begin but may be extended at the board's discretion upon a showing that the social work program new text end 44.33 new text begin remains in good standing with the Council on Social Work Education, the Canadian new text end 44.34 new text begin Association of Schools of Social Work, or a similar accreditation body designated by new text end 45.1 new text begin the board. If the board receives notice from the Council on Social Work Education, new text end 45.2 new text begin the Canadian Association of Schools of Social Work, or a similar accreditation body new text end 45.3 new text begin designated by the board that the social work program is not in good standing, or that new text end 45.4 new text begin the accreditation will not be granted to the social work program, the temporary license new text end 45.5 new text begin is immediately revoked. new text end 45.6    (c) new text begin (d) new text end A temporary license issued pursuant to subdivision 3 new text begin 2a new text end expires after 12 45.7months. 45.8    Sec. 56. Minnesota Statutes 2006, section 148D.060, subdivision 6, is amended to read: 45.9    Subd. 6. Licensee with temporary license; baccalaureate degree. A licensee 45.10with a temporary license who has provided evidence to the board that the licensee has 45.11completed the requirements for a baccalaureate degree in social work from a program 45.12accredited by new text begin , or in candidacy status with, new text end the Council on Social Work Education, 45.13the Canadian Association of Schools of Social Work, or a similar accreditation body 45.14designated by the board may temporarily engage in social work practice except that a 45.15licensee with a temporary license may not engage in clinical social work practice. 45.16    Sec. 57. Minnesota Statutes 2006, section 148D.060, subdivision 7, is amended to read: 45.17    Subd. 7. Licensee with temporary license; graduate degree. A licensee with a 45.18temporary license who has provided evidence to the board that the licensee has completed 45.19the requirements for a graduate degree in social work from a program accredited by new text begin , or in new text end 45.20 new text begin candidacy status with, new text end the Council on Social Work Education, the Canadian Association 45.21of Schools of Social Work, or a similar accreditation body designated by the board may 45.22temporarily engage in social work practice, including clinical practice. 45.23    Sec. 58. Minnesota Statutes 2006, section 148D.060, subdivision 13, is amended to 45.24read: 45.25    Subd. 13. Revocation of temporary license. The board may immediately revoke 45.26the temporary license of any licensee who violates any requirements of this section. The 45.27revocation must be made for cause, without notice or opportunity to be heard. A licensee 45.28whose temporary license is revoked must immediately return the temporary license to 45.29the board. 45.30    Sec. 59. new text begin [148D.061] PROVISIONAL LICENSES. new text end 45.31     new text begin Subdivision 1. new text end new text begin Requirements for a provisional license. new text end new text begin An applicant may be new text end 45.32 new text begin issued a provisional license if the applicant: new text end 46.1     new text begin (1) was born in a foreign country; new text end 46.2     new text begin (2) communicates in English as a second language; new text end 46.3     new text begin (3) has met all other requirements for licensure; and new text end 46.4     new text begin (4) complies with the requirements of subdivisions 2 to 7. new text end 46.5     new text begin Subd. 2. new text end new text begin License term. new text end new text begin (a) A provisional license is valid until expiration, or until new text end 46.6 new text begin the board issues or denies a license under section 148D.055, or until the board revokes the new text end 46.7 new text begin provisional license, whichever occurs first. new text end 46.8     new text begin (b) A provisional license expires three years after the effective date of the license. new text end 46.9     new text begin Subd. 3. new text end new text begin Scope of practice. new text end new text begin A licensee who is issued a provisional license must new text end 46.10 new text begin comply with the requirements of section 148D.050. new text end 46.11     new text begin Subd. 4. new text end new text begin Fee. new text end new text begin A licensee who is issued a provisional license must pay the new text end 46.12 new text begin appropriate license fee specified in section 148D.180. new text end 46.13     new text begin Subd. 5. new text end new text begin Supervised practice requirements. new text end new text begin A licensee who is issued a provisional new text end 46.14 new text begin license must document supervised practice as provided in section 148D.062. If a licensee new text end 46.15 new text begin issued a provisional license is granted a license under section 148D.055, the licensee new text end 46.16 new text begin must also meet the supervised practice requirements in sections 148D.100 to 148D.115. new text end 46.17 new text begin The supervised practice completed under a provisional license does not apply to this new text end 46.18 new text begin requirement. new text end 46.19     new text begin Subd. 6. new text end new text begin Evaluation by supervisor. new text end new text begin (a) After being issued a provisional license new text end 46.20 new text begin under subdivision 1, the licensee must submit an evaluation by the licensee's supervisor new text end 46.21 new text begin every six months during the first 2,000 hours of social work practice. The evaluation must new text end 46.22 new text begin meet the requirements in section 148D.063. The supervisor must meet the eligibility new text end 46.23 new text begin requirements specified in section 148D.062. new text end 46.24     new text begin (b) After completion of 2,000 hours of supervised social work practice, the licensee's new text end 46.25 new text begin supervisor must submit a final evaluation and attest to the applicant's ability to engage in new text end 46.26 new text begin the practice of social work safely and competently. new text end 46.27     new text begin Subd. 7. new text end new text begin Completion of requirements. new text end new text begin Upon completion of the requirements for new text end 46.28 new text begin a provisional license under subdivisions 1 to 6, an applicant shall not practice social new text end 46.29 new text begin work in Minnesota except as provided in section 148D.065, unless licensed according to new text end 46.30 new text begin section 148D.055. new text end 46.31     new text begin Subd. 8. new text end new text begin Disciplinary or other action. new text end new text begin The board may take action according to new text end 46.32 new text begin sections 148D.260 to 148D.270 if: new text end 46.33     new text begin (1) the licensee's supervisor does not submit an evaluation as required by section new text end 46.34 new text begin 148D.062; new text end 46.35     new text begin (2) an evaluation submitted according to section 148D.062 indicates that the licensee new text end 46.36 new text begin cannot practice social work competently and safely; or new text end 47.1     new text begin (3) the licensee does not comply with the requirements of subdivisions 1 to 7. new text end 47.2     new text begin Subd. 9. new text end new text begin Revocation of provisional license. new text end new text begin The board may immediately revoke new text end 47.3 new text begin the provisional license of a licensee who violates any requirements of this section. The new text end 47.4 new text begin revocation must be made for cause. A licensee whose provisional license is revoked must new text end 47.5 new text begin immediately return the provisional license to the board. new text end 47.6    Sec. 60. new text begin [148D.062] PROVISIONAL LICENSE; SUPERVISED PRACTICE. new text end 47.7     new text begin Subdivision 1. new text end new text begin Supervision required after licensure. new text end new text begin After receiving a provisional new text end 47.8 new text begin license from the board, the licensee must obtain at least 37.5 hours of supervision new text end 47.9 new text begin according to the requirements of this section. new text end 47.10     new text begin Subd. 2. new text end new text begin Practice requirements. new text end new text begin The supervision required by subdivision 1 must new text end 47.11 new text begin be obtained during the first 2,000 hours of social work practice after the effective date new text end 47.12 new text begin of the provisional license. At least three hours of supervision must be obtained during new text end 47.13 new text begin every 160 hours of practice. new text end 47.14     new text begin Subd. 3. new text end new text begin Types of supervision. new text end new text begin (a) Twenty-five hours of supervision required by new text end 47.15 new text begin subdivision 1 must consist of one-on-one in-person supervision. new text end 47.16     new text begin (b) Twelve and one-half hours of supervision must consist of one or more of the new text end 47.17 new text begin following types of supervision: new text end 47.18     new text begin (1) in-person one-on-one supervision; or new text end 47.19     new text begin (2) in-person group supervision. new text end 47.20     new text begin (c) To qualify as in-person group supervision, the group must not exceed seven new text end 47.21 new text begin members including the supervisor. new text end 47.22     new text begin Subd. 4. new text end new text begin Supervisor requirements. new text end new text begin (a) The supervision required by subdivision new text end 47.23 new text begin 1 must be provided by a supervisor who meets the requirements in section 148D.120 new text end 47.24 new text begin and has either: new text end 47.25     new text begin (1) 5,000 hours experience engaged in authorized social work practice; or new text end 47.26     new text begin (2) completed 30 hours of training in supervision, which may be satisfied by new text end 47.27 new text begin completing academic coursework in supervision or continuing education courses in new text end 47.28 new text begin supervision as defined in section 148D.010, subdivision 16. new text end 47.29     new text begin (b) Supervision must be provided: new text end 47.30     new text begin (1) if the supervisee is not engaged in clinical practice and the supervisee has a new text end 47.31 new text begin provisional license to practice as a licensed social worker, by a licenced social worker new text end 47.32 new text begin who has completed the supervised practice requirements; new text end 47.33     new text begin (2) if the supervisee is not engaged in clinical practice and the supervisee has a new text end 47.34 new text begin provisional license to practice as a licensed graduate social worker, licensed independent new text end 47.35 new text begin social worker, or licensed independent clinical social worker, by: new text end 48.1     new text begin (i) a licensed graduate social worker who has completed the supervised practice new text end 48.2 new text begin requirements; new text end 48.3     new text begin (ii) a licensed independent social worker; or new text end 48.4     new text begin (iii) a licensed independent clinical social worker; new text end 48.5     new text begin (3) if the supervisee is engaged in clinical practice and the supervisee has a new text end 48.6 new text begin provisional license to practice as a licensed graduate social worker, licensed independent new text end 48.7 new text begin social worker, or licensed independent clinical social worker, by a licensed independent new text end 48.8 new text begin clinical social worker; or new text end 48.9     new text begin (4) by a supervisor who meets the requirements in section 148D.120, subdivision 2. new text end 48.10     new text begin Subd. 5. new text end new text begin Expiration. new text end new text begin This section expires August 1, 2011. new text end 48.11    Sec. 61. new text begin [148D.063] PROVISIONAL LICENSE; DOCUMENTATION OF new text end 48.12 new text begin SUPERVISION. new text end 48.13     new text begin Subdivision 1. new text end new text begin Supervision plan. new text end new text begin (a) An applicant granted a provisional license new text end 48.14 new text begin must submit, on a form provided by the board, a supervision plan for meeting the new text end 48.15 new text begin supervision requirements in section 148D.062. new text end 48.16     new text begin (b) The supervision plan must be submitted no later than 30 days after the licensee new text end 48.17 new text begin begins a social work practice position. new text end 48.18     new text begin (c) The board may revoke a licensee's provisional license for failure to submit the new text end 48.19 new text begin supervision plan within 30 days after beginning a social work practice position. new text end 48.20     new text begin (d) The supervision plan must include the following: new text end 48.21     new text begin (1) the name of the supervisee, the name of the agency in which the supervisee is new text end 48.22 new text begin being supervised, and the supervisee's position title; new text end 48.23     new text begin (2) the name and qualifications of the person providing the supervision; new text end 48.24     new text begin (3) the number of hours of one-on-one in-person supervision and the number and new text end 48.25 new text begin type of additional hours of supervision to be completed by the supervisee; new text end 48.26     new text begin (4) the supervisee's position description; new text end 48.27     new text begin (5) a brief description of the supervision the supervisee will receive in the following new text end 48.28 new text begin content areas: new text end 48.29     new text begin (i) clinical practice, if applicable; new text end 48.30     new text begin (ii) development of professional social work knowledge, skills, and values; new text end 48.31     new text begin (iii) practice methods; new text end 48.32     new text begin (iv) authorized scope of practice; new text end 48.33     new text begin (v) ensuring continuing competence; and new text end 48.34     new text begin (vi) ethical standards of practice; and new text end 49.1     new text begin (6) if applicable, a detailed description of the supervisee's clinical social work new text end 49.2 new text begin practice, addressing: new text end 49.3     new text begin (i) the client population, the range of presenting issues, and the diagnoses; new text end 49.4     new text begin (ii) the clinical modalities that were utilized; and new text end 49.5     new text begin (iii) the process utilized for determining clinical diagnoses, including the diagnostic new text end 49.6 new text begin instruments used and the role of the supervisee in the diagnostic process. new text end 49.7     new text begin (e) The board must receive a revised supervision plan within 30 days of any of the new text end 49.8 new text begin following changes: new text end 49.9     new text begin (1) the supervisee has a new supervisor; new text end 49.10     new text begin (2) the supervisee begins a new social work position; new text end 49.11     new text begin (3) the scope or content of the supervisee's social work practice changes substantially; new text end 49.12     new text begin (4) the number of practice or supervision hours changes substantially; or new text end 49.13     new text begin (5) the type of supervision changes as supervision is described in section 148D.062. new text end 49.14     new text begin (f) The board may revoke a licensee's provisional license for failure to submit a new text end 49.15 new text begin revised supervision plan as required in paragraph (e). new text end 49.16     new text begin (g) The board must approve the supervisor and the supervision plan. new text end 49.17     new text begin Subd. 2. new text end new text begin Evaluation. new text end new text begin (a) When a supervisee submits an evaluation to the board new text end 49.18 new text begin according to section 148D.061, subdivision 6, the supervisee and supervisor must provide new text end 49.19 new text begin the following information on a form provided by the board: new text end 49.20     new text begin (1) the name of the supervisee, the name of the agency in which the supervisee is new text end 49.21 new text begin being supervised, and the supervisee's position title; new text end 49.22     new text begin (2) the name and qualifications of the supervisor; new text end 49.23     new text begin (3) the number of hours and dates of each type of supervision completed; new text end 49.24     new text begin (4) the supervisee's position description; new text end 49.25     new text begin (5) a declaration that the supervisee has not engaged in conduct in violation of the new text end 49.26 new text begin standards of practice in sections 148D.195 to 148D.240; new text end 49.27     new text begin (6) a declaration that the supervisee has practiced competently and ethically new text end 49.28 new text begin according to professional social work knowledge, skills, and values; and new text end 49.29     new text begin (7) on a form provided by the board, an evaluation of the licensee's practice in new text end 49.30 new text begin the following areas: new text end 49.31     new text begin (i) development of professional social work knowledge, skills, and values; new text end 49.32     new text begin (ii) practice methods; new text end 49.33     new text begin (iii) authorized scope of practice; new text end 49.34     new text begin (iv) ensuring continuing competence; new text end 49.35     new text begin (v) ethical standards of practice; and new text end 49.36     new text begin (vi) clinical practice, if applicable. new text end 50.1     new text begin (b) The information provided on the evaluation form must demonstrate that the new text end 50.2 new text begin supervisee has met or has made progress on meeting the applicable supervised practice new text end 50.3 new text begin requirements. new text end 50.4     new text begin Subd. 3. new text end new text begin Alternative verification of supervised practice. new text end new text begin Notwithstanding the new text end 50.5 new text begin requirements of subdivision 2, the board may accept alternative verification of supervised new text end 50.6 new text begin practice if a supervisee demonstrates that the supervisee is unable to locate a former new text end 50.7 new text begin supervisor to provide the required information. new text end 50.8    Sec. 62. Minnesota Statutes 2006, section 148D.120, subdivision 2, is amended to read: 50.9    Subd. 2. Alternate supervisors. (a) The board may approve an alternate supervisor 50.10if: 50.11    (1) the board determines that supervision is not obtainable pursuant to paragraph (b); 50.12    (2) the licensee requests in the supervision plan submitted pursuant to section 50.13 new text begin 148D.062, subdivision 1, or new text end 148D.125, subdivision 1, that an alternate supervisor conduct 50.14the supervision; 50.15    (3) the licensee describes the proposed supervision and the name and qualifications 50.16of the proposed alternate supervisor; and 50.17    (4) the requirements of paragraph (d) are met. 50.18    (b) The board may determine that supervision is not obtainable if: 50.19    (1) the licensee provides documentation as an attachment to the supervision plan 50.20submitted pursuant to section new text begin 148D.062, subdivision 1, or new text end 148D.125, subdivision 1, that 50.21the licensee has conducted a thorough search for a supervisor meeting the applicable 50.22licensure requirements specified in sections 148D.100 to 148D.115; 50.23    (2) the licensee demonstrates to the board's satisfaction that the search was 50.24unsuccessful; and 50.25    (3) the licensee describes the extent of the search and the names and locations of 50.26the persons and organizations contacted. 50.27    (c) The following are not grounds for a determination that supervision is 50.28unobtainable: 50.29    (1) obtaining a supervisor who meets the requirements of subdivision 1 would 50.30present the licensee with a financial hardship; 50.31    (2) the licensee is unable to obtain a supervisor who meets the requirements of 50.32subdivision 1 within the licensee's agency or organization and the agency or organization 50.33will not allow outside supervision; or 50.34    (3) the specialized nature of the licensee's practice requires supervision from a 50.35practitioner other than an individual licensed as a social worker. 51.1    (d) An alternate supervisor must: 51.2    (1) be an unlicensed social worker who is employed in, and provides the supervision 51.3in, a setting exempt from licensure by section 148D.065, and who has qualifications 51.4equivalent to the applicable requirements specified in sections 148D.100 to 148D.115; or 51.5    (2) be a licensed marriage and family therapist or a mental health professional 51.6as established by section 245.462, subdivision 18, or 245.4871, subdivision 27, or an 51.7equivalent mental health professional, as determined by the board, who is licensed or 51.8credentialed by a state, territorial, provincial, or foreign licensing agency. 51.9    In order to qualify to provide clinical supervision of a licensed graduate social 51.10worker or licensed independent social worker engaged in clinical practice, the alternate 51.11supervisor must be a mental health professional as established by section 245.462, 51.12subdivision 18 , or 245.4871, subdivision 27, or an equivalent mental health professional, 51.13as determined by the board, who is licensed or credentialed by a state, territorial, 51.14provincial, or foreign licensing agency. 51.15    Sec. 63. Minnesota Statutes 2006, section 148D.125, subdivision 1, is amended to read: 51.16    Subdivision 1. Supervision plan. (a) A social worker must submit, on a form 51.17provided by the board, a supervision plan for meeting the supervision requirements 51.18specified in sections 148D.100 to 148D.120. 51.19    (b) The supervision plan must be submitted no later than 90 days after the licensee 51.20begins a social work practice position after becoming licensed. 51.21    (c) For failure to submit the supervision plan within 90 days after beginning a social 51.22work practice position, a licensee must pay the supervision plan late fee specified in 51.23section 148D.180 when the licensee applies for license renewal. 51.24    (d) A license renewal application submitted pursuant to paragraph (a) new text begin section new text end 51.25 new text begin 148D.070, subdivision 3, new text end must not be approved unless the board has received a supervision 51.26plan. 51.27    (e) The supervision plan must include the following: 51.28    (1) the name of the supervisee, the name of the agency in which the supervisee is 51.29being supervised, and the supervisee's position title; 51.30    (2) the name and qualifications of the person providing the supervision; 51.31    (3) the number of hours of one-on-one in-person supervision and the number and 51.32type of additional hours of supervision to be completed by the supervisee; 51.33    (4) the supervisee's position description; 51.34    (5) a brief description of the supervision the supervisee will receive in the following 51.35content areas: 52.1    (i) clinical practice, if applicable; 52.2    (ii) development of professional social work knowledge, skills, and values; 52.3    (iii) practice methods; 52.4    (iv) authorized scope of practice; 52.5    (v) ensuring continuing competence; and 52.6    (vi) ethical standards of practice; and 52.7    (6) if applicable, a detailed description of the supervisee's clinical social work 52.8practice, addressing: 52.9    (i) the client population, the range of presenting issues, and the diagnoses; 52.10    (ii) the clinical modalities that were utilized; and 52.11    (iii) the process utilized for determining clinical diagnoses, including the diagnostic 52.12instruments used and the role of the supervisee in the diagnostic process. new text begin An applicant for new text end 52.13 new text begin licensure as a licensed professional clinical counselor must present evidence of completion new text end 52.14 new text begin of a degree equivalent to that required in section 148B.5301, subdivision 1, clause (3). new text end 52.15    (f) The board must receive a revised supervision plan within 90 days of any of the 52.16following changes: 52.17    (1) the supervisee has a new supervisor; 52.18    (2) the supervisee begins a new social work position; 52.19    (3) the scope or content of the supervisee's social work practice changes substantially; 52.20    (4) the number of practice or supervision hours changes substantially; or 52.21    (5) the type of supervision changes as supervision is described in section 148D.100, 52.22subdivision 3 , or 148D.105, subdivision 3, or as required in section 148D.115, subdivision 52.234 . 52.24    (g) For failure to submit a revised supervision plan as required in paragraph (f), a 52.25supervisee must pay the supervision plan late fee specified in section 148D.180, when 52.26the supervisee applies for license renewal. 52.27    (h) The board must approve the supervisor and the supervision plan. 52.28    Sec. 64. new text begin [148E.001] CITATION. new text end 52.29     new text begin This chapter may be cited as the "Minnesota Board of Social Work Practice Act." new text end 52.30    Sec. 65. new text begin [148E.010] DEFINITIONS. new text end 52.31     new text begin Subdivision 1. new text end new text begin Scope. new text end new text begin For the purpose of this chapter, the terms in this section new text end 52.32 new text begin have the meanings given. new text end 53.1     new text begin Subd. 2. new text end new text begin Applicant. new text end new text begin "Applicant" means a person who submits an application to new text end 53.2 new text begin the board for a new license, a license renewal, a change in license, an inactive license, new text end 53.3 new text begin reactivation of a license, or a voluntary termination. new text end 53.4     new text begin Subd. 3. new text end new text begin Application. new text end new text begin "Application" means an application to the board for a new new text end 53.5 new text begin license, a license renewal, a change in license, an inactive license, reactivation of a new text end 53.6 new text begin license, or voluntary termination. new text end 53.7     new text begin Subd. 4. new text end new text begin Board. new text end new text begin "Board" means the Board of Social Work created under section new text end 53.8 new text begin . new text end 53.9     new text begin Subd. 5. new text end new text begin Client. new text end new text begin "Client" means an individual, couple, family, group, community, or new text end 53.10 new text begin organization that receives or has received social work services as described in subdivision new text end 53.11 new text begin 11. new text end 53.12     new text begin Subd. 6. new text end new text begin Clinical practice. new text end new text begin "Clinical practice" means applying professional new text end 53.13 new text begin social work knowledge, skills, and values in the differential diagnosis and treatment of new text end 53.14 new text begin psychosocial function, disability, or impairment, including addictions and emotional, new text end 53.15 new text begin mental, and behavioral disorders. Treatment includes a plan based on a differential new text end 53.16 new text begin diagnosis. Treatment may include, but is not limited to, the provision of psychotherapy to new text end 53.17 new text begin individuals, couples, families, and groups across the life span. Clinical social workers new text end 53.18 new text begin may also provide the services described in subdivision 11. new text end 53.19     new text begin Subd. 7. new text end new text begin Clinical supervision. new text end new text begin "Clinical supervision" means supervision as defined new text end 53.20 new text begin in subdivision 18 of a social worker engaged in clinical practice as defined in subdivision 6. new text end 53.21     new text begin Subd. 8. new text end new text begin Graduate degree. new text end new text begin "Graduate degree" means a master's degree in social new text end 53.22 new text begin work from a program accredited by the Council on Social Work Education, the Canadian new text end 53.23 new text begin Association of Schools of Social Work, or a similar accreditation body designated by the new text end 53.24 new text begin board; or a doctorate in social work from an accredited university. new text end 53.25     new text begin Subd. 9. new text end new text begin Intern. new text end new text begin "Intern" means a student in field placement working under the new text end 53.26 new text begin supervision or direction of a social worker. new text end 53.27     new text begin Subd. 10. new text end new text begin Person-in-environment perspective. new text end new text begin "Person-in-environment new text end 53.28 new text begin perspective" means viewing human behavior, development, and function in the context new text end 53.29 new text begin of one or more of the following: the environment, social functioning, mental health, new text end 53.30 new text begin and physical health. new text end 53.31     new text begin Subd. 11. new text end new text begin Practice of social work. new text end new text begin "Practice of social work" means working new text end 53.32 new text begin to maintain, restore, or improve behavioral, cognitive, emotional, mental, or social new text end 53.33 new text begin functioning of clients, in a manner that applies accepted professional social work new text end 53.34 new text begin knowledge, skills, and values, including the person-in-environment perspective, by new text end 53.35 new text begin providing in person or through telephone, video conferencing, or electronic means one or new text end 53.36 new text begin more of the social work services described in clauses (1) to (3). Social work services may new text end 54.1 new text begin address conditions that impair or limit behavioral, cognitive, emotional, mental, or social new text end 54.2 new text begin functioning. Such conditions include, but are not limited to, the following: abuse and new text end 54.3 new text begin neglect of children or vulnerable adults, addictions, developmental disorders, disabilities, new text end 54.4 new text begin discrimination, illness, injuries, poverty, and trauma. Social work services include: new text end 54.5     new text begin (1) providing assessment and intervention through direct contact with clients, new text end 54.6 new text begin developing a plan based on information from an assessment, and providing services which new text end 54.7 new text begin include, but are not limited to, assessment, case management, client-centered advocacy, new text end 54.8 new text begin client education, consultation, counseling, crisis intervention, and referral; new text end 54.9     new text begin (2) providing for the direct or indirect benefit of clients through administrative, new text end 54.10 new text begin educational, policy, or research services including, but not limited to: new text end 54.11     new text begin (i) advocating for policies, programs, or services to improve the well-being of clients; new text end 54.12     new text begin (ii) conducting research related to social work services; new text end 54.13     new text begin (iii) developing and administering programs which provide social work services; new text end 54.14     new text begin (iv) engaging in community organization to address social problems through new text end 54.15 new text begin planned collective action; new text end 54.16     new text begin (v) supervising individuals who provide social work services to clients; new text end 54.17     new text begin (vi) supervising social workers in order to comply with the supervised practice new text end 54.18 new text begin requirements specified in sections new text end new text begin to new text end new text begin ; and new text end 54.19     new text begin (vii) teaching professional social work knowledge, skills, and values to students; and new text end 54.20     new text begin (3) engaging in clinical practice. new text end 54.21     new text begin Subd. 12. new text end new text begin Professional name. new text end new text begin "Professional name" means the name a licensed new text end 54.22 new text begin social worker uses in making representations of the social worker's professional status new text end 54.23 new text begin to the public and which has been designated to the board in writing according to section new text end 54.24 new text begin . new text end 54.25     new text begin Subd. 13. new text end new text begin Professional social work knowledge, skills, and values. new text end new text begin "Professional new text end 54.26 new text begin social work knowledge, skills, and values" means the knowledge, skills, and values new text end 54.27 new text begin taught in programs accredited by the Council on Social Work Education, the Canadian new text end 54.28 new text begin Association of Schools of Social Work, or a similar accreditation body designated by new text end 54.29 new text begin the board; or a doctorate in social work from an accredited university. Professional new text end 54.30 new text begin social work knowledge, skills, and values include, but are not limited to, principles of new text end 54.31 new text begin person-in-environment and the values, principles, and standards described in the Code new text end 54.32 new text begin of Ethics of the National Association of Social Workers. new text end 54.33     new text begin Subd. 14. new text end new text begin Sexual conduct. new text end new text begin "Sexual conduct" means any physical contact or new text end 54.34 new text begin conduct that may be reasonably interpreted as sexual, or any oral, written, electronic, or new text end 54.35 new text begin other communication that suggests engaging in physical contact or conduct that may be new text end 54.36 new text begin reasonably interpreted as sexual. new text end 55.1     new text begin Subd. 15. new text end new text begin Social worker. new text end new text begin "Social worker" means an individual who: new text end 55.2     new text begin (1) is licensed as a social worker; or new text end 55.3     new text begin (2) has obtained a social work degree from a program accredited by the Council on new text end 55.4 new text begin Social Work Education, the Canadian Association of Schools of Social Work, or a similar new text end 55.5 new text begin accreditation body designated by the board and engages in the practice of social work. new text end 55.6     new text begin Subd. 16. new text end new text begin Student. new text end new text begin "Student" means an individual who is taught professional new text end 55.7 new text begin social work knowledge, skills, and values in a program that has been accredited by the new text end 55.8 new text begin Council on Social Work Education, the Canadian Association of Schools of Social Work, new text end 55.9 new text begin or a similar accreditation body designated by the board. new text end 55.10     new text begin Subd. 17. new text end new text begin Supervisee. new text end new text begin "Supervisee" means an individual provided evaluation and new text end 55.11 new text begin supervision or direction by a social worker. new text end 55.12     new text begin Subd. 18. new text end new text begin Supervision. new text end new text begin "Supervision" means a professional relationship between a new text end 55.13 new text begin supervisor and a social worker in which the supervisor provides evaluation and direction new text end 55.14 new text begin of the services provided by the social worker to promote competent and ethical services new text end 55.15 new text begin to clients through the continuing development of the social worker's knowledge and new text end 55.16 new text begin application of accepted professional social work knowledge, skills, and values. new text end 55.17    Sec. 66. new text begin [148E.015] SCOPE. new text end 55.18     new text begin This chapter applies to all applicants and licensees, all persons who use the title social new text end 55.19 new text begin worker, and all persons in or out of this state who provide social work services to clients new text end 55.20 new text begin who reside in this state unless there are specific applicable exemptions provided by law. new text end 55.21    Sec. 67. new text begin [148E.020] CHAPTER 214. new text end 55.22     new text begin Chapter 214 applies to the Board of Social Work unless superseded by this chapter. new text end 55.23    Sec. 68. new text begin [148E.025] BOARD OF SOCIAL WORK. new text end 55.24     new text begin Subdivision 1. new text end new text begin Creation. new text end new text begin The Board of Social Work consists of 15 members new text end 55.25 new text begin appointed by the governor. The members are: new text end 55.26     new text begin (1) ten social workers licensed according to section new text end new text begin ; and new text end 55.27     new text begin (2) five public members as defined in section new text end new text begin . new text end 55.28     new text begin Subd. 2. new text end new text begin Qualifications of board members. new text end new text begin (a) All social worker members must new text end 55.29 new text begin have engaged in the practice of social work in Minnesota for at least one year during new text end 55.30 new text begin the ten years preceding their appointments. new text end 55.31     new text begin (b) Five social worker members must be licensed social workers. The other five new text end 55.32 new text begin members must be a licensed graduate social worker, a licensed independent social worker, new text end 55.33 new text begin or a licensed independent clinical social worker. new text end 56.1     new text begin (c) Eight social worker members must be engaged at the time of their appointment in new text end 56.2 new text begin the practice of social work in Minnesota in the following settings: new text end 56.3     new text begin (1) one member must be engaged in the practice of social work in a county agency; new text end 56.4     new text begin (2) one member must be engaged in the practice of social work in a state agency; new text end 56.5     new text begin (3) one member must be engaged in the practice of social work in an elementary, new text end 56.6 new text begin middle, or secondary school; new text end 56.7     new text begin (4) one member must be employed in a hospital or nursing home licensed under new text end 56.8 new text begin chapter 144 or 144A; new text end 56.9     new text begin (5) two members must be engaged in the practice of social work in a private agency; new text end 56.10     new text begin (6) one member must be engaged in the practice of social work in a clinical social new text end 56.11 new text begin work setting; and new text end 56.12     new text begin (7) one member must be an educator engaged in regular teaching duties at a new text end 56.13 new text begin program of social work accredited by the Council on Social Work Education or a similar new text end 56.14 new text begin accreditation body designated by the board. new text end 56.15     new text begin (d) At the time of their appointments, at least six members must reside outside of the new text end 56.16 new text begin seven-county metropolitan area. new text end 56.17     new text begin (e) At the time of their appointments, at least five members must be persons with new text end 56.18 new text begin expertise in communities of color. new text end 56.19     new text begin Subd. 3. new text end new text begin Officers. new text end new text begin The board must annually elect from its membership a chair, new text end 56.20 new text begin vice-chair, and secretary-treasurer. new text end 56.21     new text begin Subd. 4. new text end new text begin Bylaws. new text end new text begin The board must adopt bylaws to govern its proceedings. new text end 56.22     new text begin Subd. 5. new text end new text begin Executive director. new text end new text begin The board must appoint and employ an executive new text end 56.23 new text begin director who is not a member of the board. The employment of the executive director shall new text end 56.24 new text begin be subject to the terms described in section new text end new text begin 214.04, subdivision 2a new text end new text begin . new text end 56.25    Sec. 69. new text begin [148E.030] DUTIES OF THE BOARD. new text end 56.26     new text begin Subdivision 1. new text end new text begin Duties. new text end new text begin The board must perform the duties necessary to promote new text end 56.27 new text begin and protect the public health, safety, and welfare through the licensure and regulation of new text end 56.28 new text begin persons who practice social work in this state. These duties include, but are not limited to: new text end 56.29     new text begin (1) establishing the qualifications and procedures for individuals to be licensed new text end 56.30 new text begin as social workers; new text end 56.31     new text begin (2) establishing standards of practice for social workers; new text end 56.32     new text begin (3) holding examinations or contracting with the Association of Social Work Boards new text end 56.33 new text begin or a similar examination body designated by the board to hold examinations to assess new text end 56.34 new text begin applicants' qualifications; new text end 57.1     new text begin (4) issuing licenses to qualified individuals according to sections new text end new text begin and new text end 57.2 new text begin ; new text end 57.3     new text begin (5) taking disciplinary, adversarial, corrective, or other action according to sections new text end 57.4 new text begin to new text end new text begin when an individual violates the requirements of this chapter; new text end 57.5     new text begin (6) assessing fees according to sections new text end new text begin and new text end new text begin ; and new text end 57.6     new text begin (7) educating social workers and the public on the requirements of the board. new text end 57.7     new text begin Subd. 2. new text end new text begin Rules. new text end new text begin The board may adopt and enforce rules to carry out the duties new text end 57.8 new text begin specified in subdivision 1. new text end 57.9    Sec. 70. new text begin [148E.035] VARIANCES. new text end 57.10     new text begin If the effect of a requirement according to this chapter is unreasonable, impossible to new text end 57.11 new text begin execute, absurd, or would impose an extreme hardship on a licensee, the board may grant new text end 57.12 new text begin a variance if the variance is consistent with promoting and protecting the public health, new text end 57.13 new text begin safety, and welfare. A variance must not be granted for core licensing standards such as new text end 57.14 new text begin substantive educational and examination requirements. new text end 57.15    Sec. 71. new text begin [148E.040] IMMUNITY. new text end 57.16     new text begin Board members, board employees, and persons engaged on behalf of the board are new text end 57.17 new text begin immune from civil liability for any actions, transactions, or publications in the lawful new text end 57.18 new text begin execution of or relating to their duties under this chapter. new text end 57.19    Sec. 72. new text begin [148E.045] CONTESTED CASE HEARING. new text end 57.20     new text begin An applicant or a licensee who is the subject of a disciplinary or adversarial action new text end 57.21 new text begin by the board according to this chapter may request a contested case hearing under sections new text end 57.22 new text begin to new text end new text begin . An applicant or a licensee who desires to request a contested case hearing new text end 57.23 new text begin must submit a written request to the board within 90 days after the date on which the board new text end 57.24 new text begin mailed the notification of the adverse action, except as otherwise provided in this chapter. new text end 57.25    Sec. 73. new text begin [148E.050] LICENSING; SCOPE OF PRACTICE. new text end 57.26     new text begin Subdivision 1. new text end new text begin Requirements. new text end new text begin The practice of social work must comply with the new text end 57.27 new text begin requirements of subdivision 2, 3, 4, or 5. new text end 57.28     new text begin Subd. 2. new text end new text begin Licensed social worker. new text end new text begin A licensed social worker may engage in social new text end 57.29 new text begin work practice except that a licensed social worker must not engage in clinical practice. new text end 57.30     new text begin Subd. 3. new text end new text begin Licensed graduate social worker. new text end new text begin A licensed graduate social worker may new text end 57.31 new text begin engage in social work practice except that a licensed graduate social worker must not new text end 58.1 new text begin engage in clinical practice except under the supervision of a licensed independent clinical new text end 58.2 new text begin social worker or an alternate supervisor according to section new text end new text begin . new text end 58.3     new text begin Subd. 4. new text end new text begin Licensed independent social worker. new text end new text begin A licensed independent social new text end 58.4 new text begin worker may engage in social work practice except that a licensed independent social new text end 58.5 new text begin worker must not engage in clinical practice except under the supervision of a licensed new text end 58.6 new text begin independent clinical social worker or an alternate supervisor according to section new text end 58.7 new text begin . new text end 58.8     new text begin Subd. 5. new text end new text begin Licensed independent clinical social worker. new text end new text begin A licensed independent new text end 58.9 new text begin clinical social worker may engage in social work practice, including clinical practice. new text end 58.10    Sec. 74. new text begin [148E.055] LICENSE REQUIREMENTS. new text end 58.11     new text begin Subdivision 1. new text end new text begin License required. new text end new text begin (a) In order to practice social work, an individual new text end 58.12 new text begin must have a social work license under this section or section new text end new text begin , except when the new text end 58.13 new text begin individual is exempt from licensure according to section new text end new text begin . new text end 58.14     new text begin (b) Individuals who teach professional social work knowledge, skills, and values to new text end 58.15 new text begin students and who have a social work degree from a program accredited by the Council new text end 58.16 new text begin on Social Work Education, the Canadian Association of Schools of Social Work, or a new text end 58.17 new text begin similar accreditation body designated by the board must have a social work license under new text end 58.18 new text begin this section or section new text end new text begin , except when the individual is exempt from licensure new text end 58.19 new text begin according to section new text end new text begin . new text end 58.20     new text begin Subd. 2. new text end new text begin Qualifications for licensure by examination as a licensed social worker. new text end 58.21     new text begin (a) To be licensed as a licensed social worker, an applicant for licensure by examination new text end 58.22 new text begin must provide evidence satisfactory to the board that the applicant: new text end 58.23     new text begin (1) has received a baccalaureate degree in social work from a program accredited by new text end 58.24 new text begin the Council on Social Work Education, the Canadian Association of Schools of Social new text end 58.25 new text begin Work, or a similar accreditation body designated by the board, or a doctorate in social new text end 58.26 new text begin work from an accredited university; new text end 58.27     new text begin (2) has passed the bachelors or equivalent examination administered by the new text end 58.28 new text begin Association of Social Work Boards or a similar examination body designated by the board. new text end 58.29 new text begin Unless an applicant applies for licensure by endorsement according to subdivision 7, an new text end 58.30 new text begin examination is not valid if it was taken and passed eight or more years prior to submitting new text end 58.31 new text begin a completed, signed application form provided by the board. The examination may be new text end 58.32 new text begin taken prior to completing degree requirements; new text end 58.33     new text begin (3) has submitted a completed, signed application form provided by the board, new text end 58.34 new text begin including the applicable application fee specified in section new text end new text begin . For applications new text end 59.1 new text begin submitted electronically, a "signed application" means providing an attestation as specified new text end 59.2 new text begin by the board; new text end 59.3     new text begin (4) has submitted the criminal background check fee and a form provided by the new text end 59.4 new text begin board authorizing a criminal background check according to subdivision 8; new text end 59.5     new text begin (5) has paid the applicable license fee specified in section new text end new text begin ; and new text end 59.6     new text begin (6) has not engaged in conduct that was or would be in violation of the standards new text end 59.7 new text begin of practice specified in sections new text end new text begin to new text end new text begin . If the applicant has engaged in new text end 59.8 new text begin conduct that was or would be in violation of the standards of practice, the board may take new text end 59.9 new text begin action according to sections new text end new text begin to new text end new text begin . new text end 59.10     new text begin (b) An application that is not completed and signed, or that is not accompanied by the new text end 59.11 new text begin correct fee, must be returned to the applicant, along with any fee submitted, and is void. new text end 59.12     new text begin (c) A licensee granted a license by the board according to paragraph (a) must meet new text end 59.13 new text begin the supervised practice requirements specified in sections new text end new text begin to new text end new text begin . If a new text end 59.14 new text begin licensee does not meet the supervised practice requirements, the board may take action new text end 59.15 new text begin according to sections new text end new text begin to new text end new text begin . new text end 59.16     new text begin (d) By submitting an application for licensure, an applicant authorizes the board to new text end 59.17 new text begin investigate any information provided or requested in the application. The board may new text end 59.18 new text begin request that the applicant provide additional information, verification, or documentation. new text end 59.19     new text begin (e) Within one year of the time the board receives an application for licensure, the new text end 59.20 new text begin applicant must meet all the requirements specified in paragraph (a) and must provide all of new text end 59.21 new text begin the information requested by the board according to paragraph (d). If within one year the new text end 59.22 new text begin applicant does not meet all the requirements, or does not provide all of the information new text end 59.23 new text begin requested, the applicant is considered ineligible and the application for licensure must new text end 59.24 new text begin be closed. new text end 59.25     new text begin (f) Except as provided in paragraph (g), an applicant may not take more than three new text end 59.26 new text begin times the bachelors or equivalent examination administered by the Association of Social new text end 59.27 new text begin Work Boards, or a similar examination body designated by the board. An applicant must new text end 59.28 new text begin receive a passing score on the bachelors or equivalent examination administered by the new text end 59.29 new text begin Association of Social Work Boards or a similar examination body designated by the board new text end 59.30 new text begin in no more than 18 months after the date the applicant first failed the examination. new text end 59.31     new text begin (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a new text end 59.32 new text begin fourth or subsequent time, the bachelors or equivalent examination administered by the new text end 59.33 new text begin Association of Social Work Boards or a similar examination body designated by the new text end 59.34 new text begin board if the applicant: new text end 60.1     new text begin (1) meets all requirements specified in paragraphs (a) to (e) other than passing the new text end 60.2 new text begin bachelors or equivalent examination administered by the Association of Social Work new text end 60.3 new text begin Boards or a similar examination body designated by the board; new text end 60.4     new text begin (2) provides to the board a description of the efforts the applicant has made to new text end 60.5 new text begin improve the applicant's score and demonstrates to the board's satisfaction that the efforts new text end 60.6 new text begin are likely to improve the score; and new text end 60.7     new text begin (3) provides to the board letters of recommendation from two licensed social new text end 60.8 new text begin workers attesting to the applicant's ability to practice social work competently and new text end 60.9 new text begin ethically according to professional social work knowledge, skills, and values. new text end 60.10     new text begin (h) An individual must not practice social work until the individual passes the new text end 60.11 new text begin examination and receives a social work license under this section or section new text end new text begin . If new text end 60.12 new text begin the board has reason to believe that an applicant may be practicing social work without a new text end 60.13 new text begin license, and the applicant has failed the bachelors or equivalent examination administered new text end 60.14 new text begin by the Association of Social Work Boards or a similar examination body designated by new text end 60.15 new text begin the board, the board may notify the applicant's employer that the applicant is not licensed new text end 60.16 new text begin as a social worker. new text end 60.17     new text begin Subd. 3. new text end new text begin Qualifications for licensure by examination as licensed graduate social new text end 60.18 new text begin worker. new text end new text begin (a) To be licensed as a licensed graduate social worker, an applicant for licensure new text end 60.19 new text begin by examination must provide evidence satisfactory to the board that the applicant: new text end 60.20     new text begin (1) has received a graduate degree in social work from a program accredited by new text end 60.21 new text begin the Council on Social Work Education, the Canadian Association of Schools of Social new text end 60.22 new text begin Work, or a similar accreditation body designated by the board, or a doctorate in social new text end 60.23 new text begin work from an accredited university; new text end 60.24     new text begin (2) has passed the masters or equivalent examination administered by the Association new text end 60.25 new text begin of Social Work Boards or a similar examination body designated by the board. Unless an new text end 60.26 new text begin applicant applies for licensure by endorsement according to section new text end new text begin 148E.055, subdivision new text end 60.27 new text begin 7 new text end new text begin , an examination is not valid if it was taken and passed eight or more years prior to new text end 60.28 new text begin submitting a completed, signed application form provided by the board. The examination new text end 60.29 new text begin may be taken prior to completing degree requirements; new text end 60.30     new text begin (3) has submitted a completed, signed application form provided by the board, new text end 60.31 new text begin including the applicable application fee specified in section new text end new text begin . For applications new text end 60.32 new text begin submitted electronically, a "signed application" means providing an attestation as specified new text end 60.33 new text begin by the board; new text end 60.34     new text begin (4) has submitted the criminal background check fee and a form provided by the new text end 60.35 new text begin board authorizing a criminal background check according to subdivision 8; new text end 60.36     new text begin (5) has paid the applicable license fee specified in section new text end new text begin ; and new text end 61.1     new text begin (6) has not engaged in conduct that was or would be in violation of the standards new text end 61.2 new text begin of practice specified in sections new text end new text begin to new text end new text begin . If the applicant has engaged in new text end 61.3 new text begin conduct that was or would be in violation of the standards of practice, the board may take new text end 61.4 new text begin action according to sections new text end new text begin to new text end new text begin . new text end 61.5     new text begin (b) An application which is not completed and signed, or which is not accompanied new text end 61.6 new text begin by the correct fee, must be returned to the applicant, along with any fee submitted, and is new text end 61.7 new text begin void. new text end 61.8     new text begin (c) A licensee granted a license by the board according to paragraph (a) must meet new text end 61.9 new text begin the supervised practice requirements specified in sections new text end new text begin to new text end new text begin . If a new text end 61.10 new text begin licensee does not meet the supervised practice requirements, the board may take action new text end 61.11 new text begin according to sections new text end new text begin to new text end new text begin . new text end 61.12     new text begin (d) By submitting an application for licensure, an applicant authorizes the board to new text end 61.13 new text begin investigate any information provided or requested in the application. The board may new text end 61.14 new text begin request that the applicant provide additional information, verification, or documentation. new text end 61.15     new text begin (e) Within one year of the time the board receives an application for licensure, the new text end 61.16 new text begin applicant must meet all the requirements specified in paragraph (a) and must provide all of new text end 61.17 new text begin the information requested by the board according to paragraph (d). If within one year the new text end 61.18 new text begin applicant does not meet all the requirements, or does not provide all of the information new text end 61.19 new text begin requested, the applicant is considered ineligible and the application for licensure must new text end 61.20 new text begin be closed. new text end 61.21     new text begin (f) Except as provided in paragraph (g), an applicant may not take more than three new text end 61.22 new text begin times the masters or equivalent examination administered by the Association of Social new text end 61.23 new text begin Work Boards or a similar examination body designated by the board. An applicant must new text end 61.24 new text begin receive a passing score on the masters or equivalent examination administered by the new text end 61.25 new text begin Association of Social Work Boards or a similar examination body designated by the board new text end 61.26 new text begin in no more than 18 months after the date the applicant first failed the examination. new text end 61.27     new text begin (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a new text end 61.28 new text begin fourth or subsequent time, the masters or equivalent examination administered by the new text end 61.29 new text begin Association of Social Work Boards or a similar examination body designated by the new text end 61.30 new text begin board if the applicant: new text end 61.31     new text begin (1) meets all requirements specified in paragraphs (a) to (e) other than passing the new text end 61.32 new text begin masters or equivalent examination administered by the Association of Social Work Boards new text end 61.33 new text begin or a similar examination body designated by the board; new text end 61.34     new text begin (2) provides to the board a description of the efforts the applicant has made to new text end 61.35 new text begin improve the applicant's score and demonstrates to the board's satisfaction that the efforts new text end 61.36 new text begin are likely to improve the score; and new text end 62.1     new text begin (3) provides to the board letters of recommendation from two licensed social new text end 62.2 new text begin workers attesting to the applicant's ability to practice social work competently and new text end 62.3 new text begin ethically according to professional social work knowledge, skills, and values. new text end 62.4     new text begin (h) An individual must not practice social work until the individual passes the new text end 62.5 new text begin examination and receives a social work license under this section or section new text end new text begin . If new text end 62.6 new text begin the board has reason to believe that an applicant may be practicing social work without a new text end 62.7 new text begin license, and the applicant has failed the masters or equivalent examination administered new text end 62.8 new text begin by the Association of Social Work Boards or a similar examination body designated by new text end 62.9 new text begin the board, the board may notify the applicant's employer that the applicant is not licensed new text end 62.10 new text begin as a social worker. new text end 62.11     new text begin Subd. 4. new text end new text begin Licensure by examination; licensed independent social worker. new text end new text begin (a) new text end 62.12 new text begin To be licensed as a licensed independent social worker, an applicant for licensure by new text end 62.13 new text begin examination must provide evidence satisfactory to the board that the applicant: new text end 62.14     new text begin (1) has received a graduate degree in social work from a program accredited by new text end 62.15 new text begin the Council on Social Work Education, the Canadian Association of Schools of Social new text end 62.16 new text begin Work, or a similar accreditation body designated by the board, or a doctorate in social new text end 62.17 new text begin work from an accredited university; new text end 62.18     new text begin (2) has practiced social work as defined in section new text end new text begin , and has met the new text end 62.19 new text begin supervised practice requirements specified in sections new text end new text begin to new text end new text begin ; new text end 62.20     new text begin (3) has passed the advanced generalist or equivalent examination administered by new text end 62.21 new text begin the Association of Social Work Boards or a similar examination body designated by the new text end 62.22 new text begin board. Unless an applicant applies for licensure by endorsement according to subdivision new text end 62.23 new text begin 7, an examination is not valid if it was taken and passed eight or more years prior to new text end 62.24 new text begin submitting a completed, signed application form provided by the board; new text end 62.25     new text begin (4) has submitted a completed, signed application form provided by the board, new text end 62.26 new text begin including the applicable application fee specified in section new text end new text begin . For applications new text end 62.27 new text begin submitted electronically, a "signed application" means providing an attestation as specified new text end 62.28 new text begin by the board; new text end 62.29     new text begin (5) has submitted the criminal background check fee and a form provided by the new text end 62.30 new text begin board authorizing a criminal background check according to subdivision 8; new text end 62.31     new text begin (6) has paid the applicable license fee specified in section new text end new text begin ; and new text end 62.32     new text begin (7) has not engaged in conduct that was or would be in violation of the standards new text end 62.33 new text begin of practice specified in sections new text end new text begin to new text end new text begin . If the applicant has engaged in new text end 62.34 new text begin conduct that was or would be in violation of the standards of practice, the board may take new text end 62.35 new text begin action according to sections new text end new text begin to new text end new text begin . new text end 63.1     new text begin (b) An application which is not completed and signed, or which is not accompanied new text end 63.2 new text begin by the correct fee, must be returned to the applicant, along with any fee submitted, and is new text end 63.3 new text begin void. new text end 63.4     new text begin (c) A licensed independent social worker who practices clinical social work must new text end 63.5 new text begin meet the supervised practice requirements specified in sections new text end new text begin to new text end new text begin . If new text end 63.6 new text begin a licensee does not meet the supervised practice requirements, the board may take action new text end 63.7 new text begin according to sections new text end new text begin to new text end new text begin . new text end 63.8     new text begin (d) By submitting an application for licensure, an applicant authorizes the board to new text end 63.9 new text begin investigate any information provided or requested in the application. The board may new text end 63.10 new text begin request that the applicant provide additional information, verification, or documentation. new text end 63.11     new text begin (e) Within one year of the time the board receives an application for licensure, the new text end 63.12 new text begin applicant must meet all the requirements specified in paragraph (a) and must provide all of new text end 63.13 new text begin the information requested by the board according to paragraph (d). If within one year the new text end 63.14 new text begin applicant does not meet all the requirements, or does not provide all of the information new text end 63.15 new text begin requested, the applicant is considered ineligible and the application for licensure must new text end 63.16 new text begin be closed. new text end 63.17     new text begin (f) Except as provided in paragraph (g), an applicant may not take more than new text end 63.18 new text begin three times the advanced generalist or equivalent examination administered by the new text end 63.19 new text begin Association of Social Work Boards or a similar examination body designated by the new text end 63.20 new text begin board. An applicant must receive a passing score on the masters or equivalent examination new text end 63.21 new text begin administered by the Association of Social Work Boards or a similar examination body new text end 63.22 new text begin designated by the board in no more than 18 months after the first time the applicant failed new text end 63.23 new text begin the examination. new text end 63.24     new text begin (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a new text end 63.25 new text begin fourth or subsequent time, the advanced generalist or equivalent examination administered new text end 63.26 new text begin by the Association of Social Work Boards or a similar examination body designated by new text end 63.27 new text begin the board if the applicant: new text end 63.28     new text begin (1) meets all requirements specified in paragraphs (a) to (e) other than passing the new text end 63.29 new text begin advanced generalist or equivalent examination administered by the Association of Social new text end 63.30 new text begin Work Boards or a similar examination body designated by the board; new text end 63.31     new text begin (2) provides to the board a description of the efforts the applicant has made to new text end 63.32 new text begin improve the applicant's score and demonstrates to the board's satisfaction that the efforts new text end 63.33 new text begin are likely to improve the score; and new text end 63.34     new text begin (3) provides to the board letters of recommendation from two licensed social new text end 63.35 new text begin workers attesting to the applicant's ability to practice social work competently and new text end 63.36 new text begin ethically according to professional social work knowledge, skills, and values. new text end 64.1     new text begin (h) An individual must not practice social work until the individual passes the new text end 64.2 new text begin examination and receives a social work license under this section or section new text end new text begin . If new text end 64.3 new text begin the board has reason to believe that an applicant may be practicing social work without a new text end 64.4 new text begin license, except as provided in section new text end new text begin , and the applicant has failed the advanced new text end 64.5 new text begin generalist or equivalent examination administered by the Association of Social Work new text end 64.6 new text begin Boards or a similar examination body designated by the board, the board may notify the new text end 64.7 new text begin applicant's employer that the applicant is not licensed as a social worker. new text end 64.8     new text begin Subd. 5. new text end new text begin Licensure by examination; licensed independent clinical social worker. new text end 64.9     new text begin (a) To be licensed as a licensed independent clinical social worker, an applicant for new text end 64.10 new text begin licensure by examination must provide evidence satisfactory to the board that the applicant: new text end 64.11     new text begin (1) has received a graduate degree in social work from a program accredited by new text end 64.12 new text begin the Council on Social Work Education, the Canadian Association of Schools of Social new text end 64.13 new text begin Work, or a similar accreditation body designated by the board, or a doctorate in social new text end 64.14 new text begin work from an accredited university; new text end 64.15     new text begin (2) has completed 360 clock hours (one semester credit hour = 15 clock hours) in new text end 64.16 new text begin the following clinical knowledge areas: new text end 64.17     new text begin (i) 108 clock hours (30 percent) in differential diagnosis and biopsychosocial new text end 64.18 new text begin assessment including normative development and psychopathology across the life span; new text end 64.19     new text begin (ii) 36 clock hours (ten percent) in assessment-based clinical treatment planning with new text end 64.20 new text begin measurable goals; new text end 64.21     new text begin (iii) 108 clock hours (30 percent) in clinical intervention methods informed by new text end 64.22 new text begin research and current standards of practice; new text end 64.23     new text begin (iv) 18 clock hours (five percent) in evaluation methodologies; new text end 64.24     new text begin (v) 72 clock hours (20 percent) in social work values and ethics, including cultural new text end 64.25 new text begin context, diversity, and social policy; and new text end 64.26     new text begin (vi) 18 clock hours (five percent) in culturally specific clinical assessment and new text end 64.27 new text begin intervention; new text end 64.28     new text begin (3) has practiced clinical social work as defined in section new text end new text begin , including both new text end 64.29 new text begin diagnosis and treatment, and has met the supervised practice requirements specified in new text end 64.30 new text begin sections new text end new text begin to new text end new text begin ; new text end 64.31     new text begin (4) has passed the clinical or equivalent examination administered by the Association new text end 64.32 new text begin of Social Work Boards or a similar examination body designated by the board. Unless an new text end 64.33 new text begin applicant applies for licensure by endorsement according to subdivision 7, an examination new text end 64.34 new text begin is not valid if it was taken and passed eight or more years prior to submitting a completed, new text end 64.35 new text begin signed application form provided by the board; new text end 65.1     new text begin (5) has submitted a completed, signed application form provided by the board, new text end 65.2 new text begin including the applicable application fee specified in section new text end new text begin . For applications new text end 65.3 new text begin submitted electronically, a "signed application" means providing an attestation as specified new text end 65.4 new text begin by the board; new text end 65.5     new text begin (6) has submitted the criminal background check fee and a form provided by the new text end 65.6 new text begin board authorizing a criminal background check according to subdivision 8; new text end 65.7     new text begin (7) has paid the license fee specified in section new text end new text begin ; and new text end 65.8     new text begin (8) has not engaged in conduct that was or would be in violation of the standards new text end 65.9 new text begin of practice specified in sections new text end new text begin to new text end new text begin . If the applicant has engaged in new text end 65.10 new text begin conduct that was or would be in violation of the standards of practice, the board may take new text end 65.11 new text begin action according to sections new text end new text begin to new text end new text begin . new text end 65.12     new text begin (b) The requirement in paragraph (a), clause (2), may be satisfied through: (1) new text end 65.13 new text begin a graduate degree program accredited by the Council on Social Work Education, the new text end 65.14 new text begin Canadian Association of Schools of Social Work, or a similar accreditation body new text end 65.15 new text begin designated by the board; or a doctorate in social work from an accredited university; (2) new text end 65.16 new text begin postgraduate coursework; or (3) up to 90 continuing education hours. The continuing new text end 65.17 new text begin education must have a course description available for public review and must include new text end 65.18 new text begin a posttest. Compliance with this requirement must be documented on a form provided new text end 65.19 new text begin by the board. The board may conduct audits of the information submitted in order to new text end 65.20 new text begin determine compliance with the requirements of this section. new text end 65.21     new text begin (c) An application which is not completed and signed, or which is not accompanied new text end 65.22 new text begin by the correct fee, must be returned to the applicant, along with any fee submitted, and is new text end 65.23 new text begin void. new text end 65.24     new text begin (d) By submitting an application for licensure, an applicant authorizes the board to new text end 65.25 new text begin investigate any information provided or requested in the application. The board may new text end 65.26 new text begin request that the applicant provide additional information, verification, or documentation. new text end 65.27     new text begin (e) Within one year of the time the board receives an application for licensure, the new text end 65.28 new text begin applicant must meet all the requirements specified in paragraph (a) and must provide all of new text end 65.29 new text begin the information requested by the board according to paragraph (d). If within one year the new text end 65.30 new text begin applicant does not meet all the requirements, or does not provide all of the information new text end 65.31 new text begin requested, the applicant is considered ineligible and the application for licensure must new text end 65.32 new text begin be closed. new text end 65.33     new text begin (f) Except as provided in paragraph (g), an applicant may not take more than three new text end 65.34 new text begin times the clinical or equivalent examination administered by the Association of Social new text end 65.35 new text begin Work Boards or a similar examination body designated by the board. An applicant must new text end 65.36 new text begin receive a passing score on the clinical or equivalent examination administered by the new text end 66.1 new text begin Association of Social Work Boards or a similar examination body designated by the board new text end 66.2 new text begin no later than 18 months after the first time the applicant failed the examination. new text end 66.3     new text begin (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a new text end 66.4 new text begin fourth or subsequent time, the clinical or equivalent examination administered by the new text end 66.5 new text begin Association of Social Work Boards or a similar examination body designated by the new text end 66.6 new text begin board if the applicant: new text end 66.7     new text begin (1) meets all requirements specified in paragraphs (a) to (e) other than passing the new text end 66.8 new text begin clinical or equivalent examination administered by the Association of Social Work Boards new text end 66.9 new text begin or a similar examination body designated by the board; new text end 66.10     new text begin (2) provides to the board a description of the efforts the applicant has made to new text end 66.11 new text begin improve the applicant's score and demonstrates to the board's satisfaction that the efforts new text end 66.12 new text begin are likely to improve the score; and new text end 66.13     new text begin (3) provides to the board letters of recommendation from two licensed social new text end 66.14 new text begin workers attesting to the applicant's ability to practice social work competently and new text end 66.15 new text begin ethically according to professional social work knowledge, skills, and values. new text end 66.16     new text begin (h) An individual must not practice social work until the individual passes the new text end 66.17 new text begin examination and receives a social work license under this section or section new text end new text begin . If new text end 66.18 new text begin the board has reason to believe that an applicant may be practicing social work without a new text end 66.19 new text begin license, and the applicant has failed the clinical or equivalent examination administered new text end 66.20 new text begin by the Association of Social Work Boards or a similar examination body designated by new text end 66.21 new text begin the board, the board may notify the applicant's employer that the applicant is not licensed new text end 66.22 new text begin as a social worker. new text end 66.23     new text begin Subd. 6. new text end new text begin Degrees from outside United States or Canada. new text end new text begin If an applicant receives new text end 66.24 new text begin a degree from a program outside the United States or Canada that is not accredited by new text end 66.25 new text begin the Council on Social Work Education, the Canadian Association of Schools of Social new text end 66.26 new text begin Work, or a similar examination body designated by the board, the degree does not fulfill new text end 66.27 new text begin the requirements specified in subdivision 2, paragraph (a), clause (1); 3, paragraph (a), new text end 66.28 new text begin clause (1); 4, paragraph (a), clause (1); or 5, paragraph (a), clause (1), unless the Council new text end 66.29 new text begin on Social Work Education or a similar accreditation body designated by the board has new text end 66.30 new text begin determined through the council's international equivalency determination service that the new text end 66.31 new text begin degree earned is equivalent to the degree required. new text end 66.32     new text begin Subd. 7. new text end new text begin Licensure by endorsement. new text end new text begin (a) An applicant for licensure by endorsement new text end 66.33 new text begin must hold a current license or credential to practice social work in another jurisdiction. new text end 66.34     new text begin (b) An applicant for licensure by endorsement who meets the qualifications of new text end 66.35 new text begin paragraph (a) and who demonstrates to the satisfaction of the board that the applicant new text end 66.36 new text begin passed the examination administered by the Association of Social Work Boards or a new text end 67.1 new text begin similar examination body designated by the board for the applicable license in Minnesota new text end 67.2 new text begin is not required to retake the licensing examination. new text end 67.3     new text begin (c) An application for licensure by endorsement must meet the applicable license new text end 67.4 new text begin requirements specified in subdivisions 1 to 6, except as provided in paragraph (d), and new text end 67.5 new text begin submit the licensure by endorsement application fee specified in section new text end new text begin . new text end 67.6     new text begin (d) The following requirements apply: new text end 67.7     new text begin (1) An applicant for licensure by endorsement who is applying for licensure as a new text end 67.8 new text begin licensed social worker must meet the requirements specified in subdivision 2. new text end 67.9     new text begin (2) An applicant for licensure by endorsement who is applying for licensure as a new text end 67.10 new text begin licensed graduate social worker must meet the requirements specified in subdivision 3. new text end 67.11     new text begin (3) An applicant for licensure by endorsement who is applying for licensure as new text end 67.12 new text begin a licensed independent social worker is not required to demonstrate that the applicant new text end 67.13 new text begin has obtained 100 hours of supervision as specified in section 148E.110, subdivision 1, new text end 67.14 new text begin provided that the applicant has engaged in authorized social work practice for a minimum new text end 67.15 new text begin of 4,000 hours in another jurisdiction. new text end 67.16     new text begin (4) An applicant for licensure by endorsement as a licensed independent clinical new text end 67.17 new text begin social worker (i) is not required to meet the license requirements specified in subdivision new text end 67.18 new text begin 5, paragraph (a), clause (2), and (ii) is not required to demonstrate that the applicant new text end 67.19 new text begin has obtained 200 hours of supervision as specified in section 148E.115, subdivision 1, new text end 67.20 new text begin provided that the applicant has engaged in authorized clinical social work practice for a new text end 67.21 new text begin minimum of 4,000 hours in another jurisdiction. new text end 67.22     new text begin Subd. 8. new text end new text begin Criminal background checks. new text end new text begin (a) Except as provided in paragraph (b), an new text end 67.23 new text begin initial license application must be accompanied by: new text end 67.24     new text begin (1) a form provided by the board authorizing the board to complete a criminal new text end 67.25 new text begin background check; and new text end 67.26     new text begin (2) the criminal background check fee specified by the Bureau of Criminal new text end 67.27 new text begin Apprehension. new text end 67.28     new text begin Criminal background check fees collected by the board must be used to reimburse new text end 67.29 new text begin the Bureau of Criminal Apprehension for the criminal background checks. new text end 67.30     new text begin (b) An applicant who has previously submitted a license application authorizing the new text end 67.31 new text begin board to complete a criminal background check is exempt from the requirement specified new text end 67.32 new text begin in paragraph (a). new text end 67.33     new text begin (c) If a criminal background check indicates that an applicant has engaged in new text end 67.34 new text begin criminal behavior, the board may take action according to sections new text end new text begin to new text end new text begin . new text end 67.35     new text begin Subd. 9. new text end new text begin Effective date. new text end new text begin The effective date of an initial license is the day on which new text end 67.36 new text begin the board receives the applicable license fee from an applicant approved for licensure. new text end 68.1     new text begin Subd. 10. new text end new text begin Expiration date. new text end new text begin The expiration date of an initial license is the last day new text end 68.2 new text begin of the licensee's birth month in the second calendar year following the effective date of new text end 68.3 new text begin the initial license. new text end 68.4     new text begin Subd. 11. new text end new text begin Change in license. new text end new text begin (a) A licensee who changes from a licensed social new text end 68.5 new text begin worker to a licensed graduate social worker, or from a licensed graduate social worker to a new text end 68.6 new text begin licensed independent social worker, or from a licensed graduate social worker or licensed new text end 68.7 new text begin independent social worker to a licensed independent clinical social worker, must pay the new text end 68.8 new text begin prorated share of the fee for the new license. new text end 68.9     new text begin (b) The effective date of the new license is the day on which the board receives the new text end 68.10 new text begin applicable license fee from an applicant approved for the new license. new text end 68.11     new text begin (c) The expiration date of the new license is the same date as the expiration date of new text end 68.12 new text begin the license held by the licensee prior to the change in the license. new text end 68.13    Sec. 75. new text begin [148E.060] TEMPORARY LICENSES. new text end 68.14     new text begin Subdivision 1. new text end new text begin Students and other persons not currently licensed in another new text end 68.15 new text begin jurisdiction. new text end new text begin The board may issue a temporary license to practice social work to an new text end 68.16 new text begin applicant who is not licensed or credentialed to practice social work in any jurisdiction new text end 68.17 new text begin but has: new text end 68.18     new text begin (1) applied for a license under section new text end new text begin ; new text end 68.19     new text begin (2) applied for a temporary license on a form provided by the board; new text end 68.20     new text begin (3) submitted a form provided by the board authorizing the board to complete a new text end 68.21 new text begin criminal background check; new text end 68.22     new text begin (4) passed the applicable licensure examination provided for in section new text end new text begin ; new text end 68.23     new text begin (5) attested on a form provided by the board that the applicant has completed the new text end 68.24 new text begin requirements for a baccalaureate or graduate degree in social work from a program new text end 68.25 new text begin accredited by the Council on Social Work Education, the Canadian Association of Schools new text end 68.26 new text begin of Social Work, or a similar accreditation body designated by the board, or a doctorate in new text end 68.27 new text begin social work from an accredited university; and new text end 68.28     new text begin (6) not engaged in conduct that was or would be in violation of the standards of new text end 68.29 new text begin practice specified in sections new text end new text begin to new text end new text begin . If the applicant has engaged in new text end 68.30 new text begin conduct that was or would be in violation of the standards of practice, the board may take new text end 68.31 new text begin action according to sections new text end new text begin to new text end new text begin . new text end 68.32     new text begin Subd. 2. new text end new text begin Emergency situations and persons currently licensed in another new text end 68.33 new text begin jurisdiction. new text end new text begin The board may issue a temporary license to practice social work to an new text end 68.34 new text begin applicant who is licensed or credentialed to practice social work in another jurisdiction, new text end 68.35 new text begin may or may not have applied for a license under section new text end new text begin , and has: new text end 69.1     new text begin (1) applied for a temporary license on a form provided by the board; new text end 69.2     new text begin (2) submitted a form provided by the board authorizing the board to complete a new text end 69.3 new text begin criminal background check; new text end 69.4     new text begin (3) submitted evidence satisfactory to the board that the applicant is currently new text end 69.5 new text begin licensed or credentialed to practice social work in another jurisdiction; new text end 69.6     new text begin (4) attested on a form provided by the board that the applicant has completed the new text end 69.7 new text begin requirements for a baccalaureate or graduate degree in social work from a program new text end 69.8 new text begin accredited by the Council on Social Work Education, the Canadian Association of Schools new text end 69.9 new text begin of Social Work, or a similar accreditation body designated by the board, or a doctorate in new text end 69.10 new text begin social work from an accredited university; and new text end 69.11     new text begin (5) not engaged in conduct that was or would be in violation of the standards of new text end 69.12 new text begin practice specified in sections new text end new text begin to new text end new text begin . If the applicant has engaged in new text end 69.13 new text begin conduct that was or would be in violation of the standards of practice, the board may take new text end 69.14 new text begin action according to sections new text end new text begin to new text end new text begin . new text end 69.15     new text begin Subd. 3. new text end new text begin Teachers. new text end new text begin The board may issue a temporary license to practice social work new text end 69.16 new text begin to an applicant whose permanent residence is outside the United States, who is teaching new text end 69.17 new text begin social work at an academic institution in Minnesota for a period not to exceed 12 months, new text end 69.18 new text begin who may or may not have applied for a license under section new text end new text begin , and who has: new text end 69.19     new text begin (1) applied for a temporary license on a form provided by the board; new text end 69.20     new text begin (2) submitted a form provided by the board authorizing the board to complete a new text end 69.21 new text begin criminal background check; new text end 69.22     new text begin (3) attested on a form provided by the board that the applicant has completed the new text end 69.23 new text begin requirements for a baccalaureate or graduate degree in social work; and new text end 69.24     new text begin (4) has not engaged in conduct that was or would be in violation of the standards new text end 69.25 new text begin of practice specified in sections new text end new text begin to new text end new text begin . If the applicant has engaged in new text end 69.26 new text begin conduct that was or would be in violation of the standards of practice, the board may take new text end 69.27 new text begin action according to sections new text end new text begin to new text end new text begin . new text end 69.28     new text begin Subd. 4. new text end new text begin Temporary license application fee. new text end new text begin An applicant for a temporary license new text end 69.29 new text begin must pay the application fee specified in section new text end new text begin plus the required fee for new text end 69.30 new text begin the cost of the criminal background check. Only one fee for the cost of the criminal new text end 69.31 new text begin background check must be submitted when the applicant is applying for both a temporary new text end 69.32 new text begin license and a license under section new text end new text begin . new text end 69.33     new text begin Subd. 5. new text end new text begin Temporary license term. new text end new text begin (a) A temporary license is valid until expiration, new text end 69.34 new text begin or until the board issues or denies the license according to section new text end new text begin , or until new text end 69.35 new text begin the board revokes the temporary license, whichever comes first. A temporary license is new text end 69.36 new text begin nonrenewable. new text end 70.1     new text begin (b) A temporary license issued according to subdivision 1 or 2 expires after six new text end 70.2 new text begin months. new text end 70.3     new text begin (c) A temporary license issued according to subdivision 3 expires after 12 months. new text end 70.4     new text begin Subd. 6. new text end new text begin Licensee with temporary license; baccalaureate degree. new text end new text begin A licensee new text end 70.5 new text begin with a temporary license who has provided evidence to the board that the licensee has new text end 70.6 new text begin completed the requirements for a baccalaureate degree in social work from a program new text end 70.7 new text begin accredited by the Council on Social Work Education, the Canadian Association of Schools new text end 70.8 new text begin of Social Work, or a similar accreditation body designated by the board may temporarily new text end 70.9 new text begin engage in social work practice except that a licensee with a temporary license may not new text end 70.10 new text begin engage in clinical social work practice. new text end 70.11     new text begin Subd. 7. new text end new text begin Licensee with temporary license; graduate degree. new text end new text begin A licensee with a new text end 70.12 new text begin temporary license who has provided evidence to the board that the licensee has completed new text end 70.13 new text begin the requirements for a graduate degree in social work from a program accredited by the new text end 70.14 new text begin Council on Social Work Education, the Canadian Association of Schools of Social Work, new text end 70.15 new text begin or a similar accreditation body designated by the board may temporarily engage in social new text end 70.16 new text begin work practice, including clinical practice. new text end 70.17     new text begin Subd. 8. new text end new text begin Supervision requirements. new text end new text begin (a) Except as provided in paragraph (b), an new text end 70.18 new text begin applicant who is not currently licensed or credentialed to practice social work in another new text end 70.19 new text begin jurisdiction and who obtains a temporary license may practice social work only under new text end 70.20 new text begin the supervision of an individual licensed as a social worker who is eligible to provide new text end 70.21 new text begin supervision under sections new text end new text begin to new text end new text begin . Before the applicant is approved new text end 70.22 new text begin for licensure, the applicant's supervisor must attest to the board's satisfaction that the new text end 70.23 new text begin applicant has practiced social work under supervision. This supervision applies toward new text end 70.24 new text begin the supervision required after licensure. new text end 70.25     new text begin (b) If an applicant is currently licensed or credentialed to practice social work in new text end 70.26 new text begin another jurisdiction, and receives a temporary license according to subdivision 3, the new text end 70.27 new text begin requirements specified in paragraph (a) do not apply. However, if an applicant with a new text end 70.28 new text begin temporary license chooses to practice social work under supervision, the supervision new text end 70.29 new text begin applies to the requirements specified in sections new text end new text begin to new text end new text begin . new text end 70.30     new text begin Subd. 9. new text end new text begin Prohibition on practice. new text end new text begin An applicant for a temporary license must not new text end 70.31 new text begin practice social work in Minnesota, except as provided in section new text end new text begin , until the new text end 70.32 new text begin applicant has been granted a temporary license. new text end 70.33     new text begin Subd. 10. new text end new text begin Representation of professional status. new text end new text begin In making representations of new text end 70.34 new text begin professional status to the public, a licensee with a temporary license must state that the new text end 70.35 new text begin licensee has a temporary license. new text end 71.1     new text begin Subd. 11. new text end new text begin Standards of practice. new text end new text begin A licensee with a temporary license must conduct new text end 71.2 new text begin all professional activities as a social worker according to the requirements of sections new text end 71.3 new text begin to new text end new text begin . new text end 71.4     new text begin Subd. 12. new text end new text begin Ineligibility. new text end new text begin An applicant who is currently practicing social work in new text end 71.5 new text begin Minnesota in a setting that is not exempt under section new text end new text begin at the time of application new text end 71.6 new text begin is ineligible for a temporary license. new text end 71.7     new text begin Subd. 13. new text end new text begin Revocation of temporary license. new text end new text begin The board may immediately revoke new text end 71.8 new text begin the temporary license of any licensee who violates any requirements of this section. The new text end 71.9 new text begin revocation must be made for cause, without notice or opportunity to be heard. A licensee new text end 71.10 new text begin whose temporary license is revoked must immediately return the temporary license to new text end 71.11 new text begin the board. new text end 71.12    Sec. 76. new text begin [148E.065] EXEMPTIONS. new text end 71.13     new text begin Subdivision 1. new text end new text begin Other professionals. new text end new text begin Nothing in this chapter may be construed new text end 71.14 new text begin to prevent members of other professions or occupations from performing functions new text end 71.15 new text begin for which they are qualified or licensed. This exception includes but is not limited to: new text end 71.16 new text begin licensed physicians, registered nurses, licensed practical nurses, licensed psychologists, new text end 71.17 new text begin psychological practitioners, probation officers, members of the clergy and Christian new text end 71.18 new text begin Science practitioners, attorneys, marriage and family therapists, alcohol and drug new text end 71.19 new text begin counselors, professional counselors, school counselors, and registered occupational new text end 71.20 new text begin therapists or certified occupational therapist assistants. These persons must not, however, new text end 71.21 new text begin hold themselves out to the public by any title or description stating or implying that they new text end 71.22 new text begin are engaged in the practice of social work, or that they are licensed to engage in the new text end 71.23 new text begin practice of social work. Persons engaged in the practice of social work are not exempt new text end 71.24 new text begin from the board's jurisdiction solely by the use of one of the titles in this subdivision. new text end 71.25     new text begin Subd. 2. new text end new text begin Students. new text end new text begin An internship, externship, or any other social work experience new text end 71.26 new text begin that is required for the completion of an accredited program of social work does not new text end 71.27 new text begin constitute the practice of social work under this chapter. new text end 71.28     new text begin Subd. 3. new text end new text begin Geographic waiver. new text end new text begin A geographic waiver may be granted by the board on new text end 71.29 new text begin a case-by-case basis to agencies with special regional hiring problems. The waiver is for new text end 71.30 new text begin the purpose of permitting agencies to hire individuals who do not meet the qualifications new text end 71.31 new text begin of section new text end new text begin or new text end new text begin to practice social work. new text end 71.32     new text begin Subd. 4. new text end new text begin City, county, and state agency social workers. new text end new text begin The licensure of city, new text end 71.33 new text begin county, and state agency social workers is voluntary. City, county, and state agencies new text end 71.34 new text begin employing social workers are not required to employ licensed social workers. new text end 72.1     new text begin Subd. 5. new text end new text begin Tribes and private nonprofit agencies; voluntary licensure. new text end new text begin The new text end 72.2 new text begin licensure of social workers who are employed by federally recognized tribes, or by private new text end 72.3 new text begin nonprofit agencies whose primary service focus addresses ethnic minority populations, new text end 72.4 new text begin and who are themselves members of ethnic minority populations within those agencies, is new text end 72.5 new text begin voluntary. new text end 72.6    Sec. 77. new text begin [148E.070] LICENSE RENEWALS. new text end 72.7     new text begin Subdivision 1. new text end new text begin License renewal term. new text end new text begin (a) If a license is renewed, the license must new text end 72.8 new text begin be renewed for a two-year renewal term. The renewal term is the period from the effective new text end 72.9 new text begin date of an initial or renewed license to the expiration date of the license. new text end 72.10     new text begin (b) The effective date of a renewed license is the day following the expiration date new text end 72.11 new text begin of the expired license. new text end 72.12     new text begin (c) The expiration date of a renewed license is the last day of the licensee's birth new text end 72.13 new text begin month in the second calendar year following the effective date of the renewed license. new text end 72.14     new text begin Subd. 2. new text end new text begin Mailing license renewal notices. new text end new text begin The board must mail a notice for license new text end 72.15 new text begin renewal to a licensee at least 45 days before the expiration date of the license. Mailing the new text end 72.16 new text begin notice by United States mail to the licensee's last known mailing address constitutes valid new text end 72.17 new text begin mailing. Failure to receive the renewal notice does not relieve a licensee of the obligation new text end 72.18 new text begin to renew a license and to pay the renewal fee. new text end 72.19     new text begin Subd. 3. new text end new text begin Submitting license renewal applications. new text end new text begin (a) In order to renew a license, new text end 72.20 new text begin a licensee must submit: new text end 72.21     new text begin (1) a completed, signed application for license renewal; and new text end 72.22     new text begin (2) the applicable renewal fee specified in section new text end new text begin . new text end 72.23 new text begin The completed, signed application and renewal fee must be received by the board prior to new text end 72.24 new text begin midnight of the day of the license expiration date. For renewals submitted electronically, a new text end 72.25 new text begin "signed application" means providing an attestation as specified by the board. new text end 72.26     new text begin (b) An application which is not completed and signed, or which is not accompanied new text end 72.27 new text begin by the correct fee, must be returned to the applicant, along with any fee submitted, and is new text end 72.28 new text begin void. new text end 72.29     new text begin (c) The completed, signed application must include documentation that the licensee new text end 72.30 new text begin has met the continuing education requirements specified in sections new text end new text begin to new text end new text begin new text end 72.31 new text begin and, if applicable, the supervised practice requirements specified in sections new text end new text begin to new text end 72.32 new text begin . new text end 72.33     new text begin (d) By submitting a renewal application, an applicant authorizes the board to: new text end 73.1     new text begin (1) investigate any information provided or requested in the application. The new text end 73.2 new text begin board may request that the applicant provide additional information, verification, or new text end 73.3 new text begin documentation; new text end 73.4     new text begin (2) conduct an audit to determine if the applicant has met the continuing education new text end 73.5 new text begin requirements specified in sections new text end new text begin to new text end new text begin ; and new text end 73.6     new text begin (3) if applicable, conduct an audit to determine whether the applicant has met the new text end 73.7 new text begin supervision requirements specified in sections new text end new text begin to new text end new text begin . new text end 73.8     new text begin (e) If a licensee's application for license renewal meets the requirements specified in new text end 73.9 new text begin paragraph (a), the licensee may continue to practice after the license expiration date until new text end 73.10 new text begin the board approves or denies the application. new text end 73.11     new text begin Subd. 4. new text end new text begin Renewal late fee. new text end new text begin An application that is received after the license new text end 73.12 new text begin expiration date must be accompanied by the renewal late fee specified in section new text end new text begin new text end 73.13 new text begin in addition to the applicable renewal fee. The application, renewal fee, and renewal late new text end 73.14 new text begin fee must be received by the board within 60 days of the license expiration date, or the new text end 73.15 new text begin license automatically expires. new text end 73.16     new text begin Subd. 5. new text end new text begin Expired license. new text end new text begin (a) If an application does not meet the requirements new text end 73.17 new text begin specified in subdivisions 3 and 4, the license automatically expires. A licensee whose new text end 73.18 new text begin license has expired may reactivate a license by meeting the requirements in section new text end 73.19 new text begin or be relicensed by meeting the requirements specified in section new text end new text begin . new text end 73.20     new text begin (b) The board may take action according to sections new text end new text begin to new text end new text begin based on new text end 73.21 new text begin a licensee's conduct before the expiration of the license. new text end 73.22     new text begin (c) An expired license may be reactivated within one year of the expiration date new text end 73.23 new text begin specified in section new text end new text begin . After one year of the expiration date, an individual may new text end 73.24 new text begin apply for a new license according to section new text end new text begin . new text end 73.25    Sec. 78. new text begin [148E.075] INACTIVE LICENSES. new text end 73.26     new text begin Subdivision 1. new text end new text begin Inactive status. new text end new text begin (a) A licensee qualifies for inactive status under new text end 73.27 new text begin either of the circumstances described in paragraph (b) or (c). new text end 73.28     new text begin (b) A licensee qualifies for inactive status when the licensee is granted temporary new text end 73.29 new text begin leave from active practice. A licensee qualifies for temporary leave from active practice if new text end 73.30 new text begin the licensee demonstrates to the satisfaction of the board that the licensee is not engaged new text end 73.31 new text begin in the practice of social work in any setting, including settings in which social workers new text end 73.32 new text begin are exempt from licensure according to section new text end new text begin . A licensee who is granted new text end 73.33 new text begin temporary leave from active practice may reactivate the license according to section new text end 73.34 new text begin . new text end 74.1     new text begin (c) A licensee qualifies for inactive status when a licensee is granted an emeritus new text end 74.2 new text begin license. A licensee qualifies for an emeritus license if the licensee demonstrates to the new text end 74.3 new text begin satisfaction of the board that: new text end 74.4     new text begin (1) the licensee is retired from social work practice; and new text end 74.5     new text begin (2) the licensee is not engaged in the practice of social work in any setting, including new text end 74.6 new text begin settings in which social workers are exempt from licensure according to section new text end new text begin . new text end 74.7 new text begin A licensee who possesses an emeritus license may reactivate the license according to new text end 74.8 new text begin section new text end new text begin . new text end 74.9     new text begin Subd. 2. new text end new text begin Application. new text end new text begin A licensee may apply for inactive status: new text end 74.10     new text begin (1) at any time by submitting an application for a temporary leave from active new text end 74.11 new text begin practice or for an emeritus license; or new text end 74.12     new text begin (2) as an alternative to applying for the renewal of a license by so recording on new text end 74.13 new text begin the application for license renewal and submitting the completed, signed application to new text end 74.14 new text begin the board. new text end 74.15     new text begin An application that is not completed or signed, or that is not accompanied by the new text end 74.16 new text begin correct fee, must be returned to the applicant, along with any fee submitted, and is void. new text end 74.17 new text begin For applications submitted electronically, a "signed application" means providing an new text end 74.18 new text begin attestation as specified by the board. new text end 74.19     new text begin Subd. 3. new text end new text begin Fee. new text end new text begin (a) Regardless of when the application for inactive status is submitted, new text end 74.20 new text begin the temporary leave or emeritus license fee specified in section new text end new text begin , whichever is new text end 74.21 new text begin applicable, must accompany the application. A licensee who is approved for inactive new text end 74.22 new text begin status before the license expiration date is not entitled to receive a refund for any portion new text end 74.23 new text begin of the license or renewal fee. new text end 74.24     new text begin (b) If an application for temporary leave is received after the license expiration date, new text end 74.25 new text begin the licensee must pay a renewal late fee as specified in section new text end new text begin in addition to new text end 74.26 new text begin the temporary leave fee. new text end 74.27     new text begin Subd. 4. new text end new text begin Time limits for temporary leaves. new text end new text begin A licensee may maintain an inactive new text end 74.28 new text begin license on temporary leave for no more than five consecutive years. If a licensee does new text end 74.29 new text begin not apply for reactivation within 60 days following the end of the consecutive five-year new text end 74.30 new text begin period, the license automatically expires. new text end 74.31     new text begin Subd. 5. new text end new text begin Time limits for emeritus license. new text end new text begin A licensee with an emeritus license may new text end 74.32 new text begin not apply for reactivation according to section new text end new text begin after five years following the new text end 74.33 new text begin granting of the emeritus license. However, after five years following the granting of the new text end 74.34 new text begin emeritus license, an individual may apply for new licensure according to section new text end new text begin . new text end 75.1     new text begin Subd. 6. new text end new text begin Prohibition on practice. new text end new text begin (a) Except as provided in paragraph (b), a new text end 75.2 new text begin licensee whose license is inactive must not practice, attempt to practice, offer to practice, new text end 75.3 new text begin or advertise or hold out as authorized to practice social work. new text end 75.4     new text begin (b) The board may grant a variance to the requirements of paragraph (a) if a licensee new text end 75.5 new text begin on inactive status provides emergency social work services. A variance is granted only new text end 75.6 new text begin if the board provides the variance in writing to the licensee. The board may impose new text end 75.7 new text begin conditions or restrictions on the variance. new text end 75.8     new text begin Subd. 7. new text end new text begin Representations of professional status. new text end new text begin In making representations of new text end 75.9 new text begin professional status to the public, a licensee whose license is inactive must state that the new text end 75.10 new text begin license is inactive and that the licensee cannot practice social work. new text end 75.11     new text begin Subd. 8. new text end new text begin Disciplinary or other action. new text end new text begin The board may resolve any pending new text end 75.12 new text begin complaints against a licensee before approving an application for inactive status. The new text end 75.13 new text begin board may take action according to sections new text end new text begin to new text end new text begin against a licensee new text end 75.14 new text begin whose license is inactive based on conduct occurring before the license is inactive or new text end 75.15 new text begin conduct occurring while the license is inactive. new text end 75.16    Sec. 79. new text begin [148E.080] REACTIVATIONS. new text end 75.17     new text begin Subdivision 1. new text end new text begin Mailing notices to licensees on temporary leave. new text end new text begin The board must new text end 75.18 new text begin mail a notice for reactivation to a licensee on temporary leave at least 45 days before the new text end 75.19 new text begin expiration date of the license according to section new text end new text begin 148E.075, subdivision 4 new text end new text begin . Mailing the new text end 75.20 new text begin notice by United States mail to the licensee's last known mailing address constitutes new text end 75.21 new text begin valid mailing. Failure to receive the reactivation notice does not relieve a licensee of the new text end 75.22 new text begin obligation to comply with the provisions of this section to reactivate a license. new text end 75.23     new text begin Subd. 2. new text end new text begin Reactivation from a temporary leave or emeritus status. new text end new text begin To reactivate a new text end 75.24 new text begin license from a temporary leave or emeritus status, a licensee must do the following within new text end 75.25 new text begin the time period specified in section new text end new text begin 148E.075, subdivisions 4 and 5 new text end new text begin : new text end 75.26     new text begin (1) complete an application form specified by the board; new text end 75.27     new text begin (2) document compliance with the continuing education requirements specified in new text end 75.28 new text begin subdivision 4; new text end 75.29     new text begin (3) submit a supervision plan, if required; new text end 75.30     new text begin (4) pay the reactivation of an inactive licensee fee specified in section new text end new text begin ; and new text end 75.31     new text begin (5) pay the wall certificate fee according to section new text end new text begin 148E.095, subdivision 1 new text end new text begin , new text end 75.32 new text begin paragraph (b) or (c), if the licensee needs a duplicate license. new text end 75.33     new text begin Subd. 3. new text end new text begin Reactivation of an expired license. new text end new text begin To reactivate an expired license, a new text end 75.34 new text begin licensee must do the following within one year of the expiration date: new text end 75.35     new text begin (1) complete an application form specified by the board; new text end 76.1     new text begin (2) document compliance with the continuing education requirements that were new text end 76.2 new text begin in effect at the time the license expired; new text end 76.3     new text begin (3) document compliance with the supervision requirements, if applicable, that were new text end 76.4 new text begin in effect at the time the license expired; and new text end 76.5     new text begin (4) pay the reactivation of an expired license fee specified in section new text end new text begin . new text end 76.6     new text begin Subd. 4. new text end new text begin Continuing education requirements. new text end new text begin (a) A licensee who is on temporary new text end 76.7 new text begin leave or who has an emeritus license must obtain the continuing education hours that new text end 76.8 new text begin would be required if the license was active. At the time of reactivation, the licensee must new text end 76.9 new text begin document compliance with the continuing education requirements specified in sections new text end 76.10 new text begin to new text end new text begin . new text end 76.11     new text begin (b) A licensee applying for reactivation according to subdivision 2 or 3 may apply new text end 76.12 new text begin for a variance to the continuing education requirements according to sections new text end new text begin to new text end 76.13 new text begin . new text end 76.14     new text begin Subd. 5. new text end new text begin Reactivation of a voluntarily terminated license. new text end new text begin To reactivate a new text end 76.15 new text begin voluntarily terminated license, a licensee must do the following within one year of the new text end 76.16 new text begin date the voluntary termination takes effect: new text end 76.17     new text begin (1) complete an application form specified by the board; new text end 76.18     new text begin (2) document compliance with the continuing education requirements that were in new text end 76.19 new text begin effect at the time the license was voluntarily terminated; new text end 76.20     new text begin (3) document compliance with the supervision requirements, if applicable, that were new text end 76.21 new text begin in effect at the time the license was voluntarily terminated; and new text end 76.22     new text begin (4) pay the reactivation of an expired or voluntarily terminated license fee specified new text end 76.23 new text begin in section new text end new text begin . new text end 76.24    Sec. 80. new text begin [148E.085] VOLUNTARY TERMINATIONS. new text end 76.25     new text begin Subdivision 1. new text end new text begin Requests for voluntary termination. new text end new text begin (a) A licensee may request new text end 76.26 new text begin voluntary termination of a license if the licensee demonstrates to the satisfaction of the new text end 76.27 new text begin board that the licensee is not engaged in the practice of social work in any setting except new text end 76.28 new text begin settings in which social workers are exempt from licensure according to section 148E.065. new text end 76.29     new text begin (b) A licensee may apply for voluntary termination: new text end 76.30     new text begin (1) at any time by submitting an application; or new text end 76.31     new text begin (2) as an alternative to applying for the renewal of a license by so recording on new text end 76.32 new text begin the application for license renewal and submitting the completed, signed application to new text end 76.33 new text begin the board. new text end 77.1 new text begin For applications submitted electronically, a "signed application" means providing an new text end 77.2 new text begin attestation as specified by the board. An application that is not completed and signed must new text end 77.3 new text begin be returned to the applicant and is void. new text end 77.4     new text begin (c) The board may resolve any pending complaints against a licensee before new text end 77.5 new text begin approving a request for voluntary termination. new text end 77.6     new text begin Subd. 2. new text end new text begin Application for new licensure. new text end new text begin A licensee who has voluntarily terminated new text end 77.7 new text begin a license may not reactivate the license after one year following the date the voluntary new text end 77.8 new text begin termination takes effect. However, a licensee who has voluntarily terminated a license new text end 77.9 new text begin may apply for a new license according to section new text end new text begin . new text end 77.10     new text begin Subd. 3. new text end new text begin Prohibition on practice. new text end new text begin A licensee who has voluntarily terminated a new text end 77.11 new text begin license must not practice, attempt to practice, offer to practice, or advertise or hold out as new text end 77.12 new text begin authorized to practice social work, except when the individual is exempt from licensure new text end 77.13 new text begin according to section new text end new text begin . new text end 77.14     new text begin Subd. 4. new text end new text begin Disciplinary or other action. new text end new text begin The board may take action according to new text end 77.15 new text begin sections new text end new text begin to new text end new text begin against a licensee whose license has been terminated new text end 77.16 new text begin based on conduct occurring before the license is terminated or for practicing social new text end 77.17 new text begin work without a license. new text end 77.18    Sec. 81. new text begin [148E.090] NAME; CHANGE OF NAME OR ADDRESS. new text end 77.19     new text begin Subdivision 1. new text end new text begin Name. new text end new text begin A licensee must use the licensee's legal name or a professional new text end 77.20 new text begin name. If the licensee uses a professional name, the licensee must inform the board in new text end 77.21 new text begin writing of both the licensee's professional name and legal name and must comply with new text end 77.22 new text begin the requirements of this section. new text end 77.23     new text begin Subd. 2. new text end new text begin Legal name change. new text end new text begin Within 30 days after changing the licensee's legal new text end 77.24 new text begin name, a licensee must: new text end 77.25     new text begin (1) request a new license wall certificate; new text end 77.26     new text begin (2) provide legal verification of the name change; and new text end 77.27     new text begin (3) pay the license wall certificate fee specified in section new text end new text begin . new text end 77.28     new text begin Subd. 3. new text end new text begin Professional name change. new text end new text begin Within 30 days after changing the licensee's new text end 77.29 new text begin professional name, a licensee must: new text end 77.30     new text begin (1) request a new license wall certificate; new text end 77.31     new text begin (2) provide a notarized statement attesting to the name change; and new text end 77.32     new text begin (3) pay the license wall certificate fee specified in section new text end new text begin . new text end 77.33     new text begin Subd. 4. new text end new text begin Address or telephone change. new text end new text begin When a licensee changes a mailing new text end 77.34 new text begin address, home address, work address, e-mail address, or daytime public telephone number, new text end 78.1 new text begin the licensee must notify the board of the change electronically or in writing no more new text end 78.2 new text begin than 30 days after the date of the change. new text end 78.3    Sec. 82. new text begin [148E.095] LICENSE CERTIFICATE OR CARD. new text end 78.4     new text begin Subdivision 1. new text end new text begin License wall certificate. new text end new text begin (a) The board must issue a new license new text end 78.5 new text begin wall certificate when the board issues a new license. No fee in addition to the applicable new text end 78.6 new text begin license fee specified in section new text end new text begin is required. new text end 78.7     new text begin (b) The board must replace a license wall certificate when: new text end 78.8     new text begin (1) a licensee submits an affidavit to the board that the original license wall new text end 78.9 new text begin certificate was lost, stolen, or destroyed; and new text end 78.10     new text begin (2) the licensee submits the license wall certificate fee specified in section new text end new text begin . new text end 78.11     new text begin (c) The board must issue a revised license wall certificate when: new text end 78.12     new text begin (1) a licensee requests a revised license wall certificate according to this section; and new text end 78.13     new text begin (2) a licensee submits the license wall certificate fee specified in section new text end new text begin . new text end 78.14     new text begin (d) The board must issue an additional license wall certificate when: new text end 78.15     new text begin (1) a licensee submits a written request for a new certificate because the licensee new text end 78.16 new text begin practices in more than one location; and new text end 78.17     new text begin (2) the licensee submits the license wall certificate fee specified in section new text end new text begin . new text end 78.18     new text begin Subd. 2. new text end new text begin License card. new text end new text begin (a) The board must issue a new license card when the new text end 78.19 new text begin board issues a new license. No fee in addition to the applicable license fee specified new text end 78.20 new text begin in section new text end new text begin is required. new text end 78.21     new text begin (b) The board must replace a license card when a licensee submits: new text end 78.22     new text begin (1) an affidavit to the board that the original license card was lost, stolen, or new text end 78.23 new text begin destroyed; and new text end 78.24     new text begin (2) the license card fee specified in section new text end new text begin . new text end 78.25     new text begin (c) The board must issue a revised license card when the licensee submits a written new text end 78.26 new text begin request for a new license wall certificate because of a new professional or legal name new text end 78.27 new text begin according to section new text end new text begin 148E.090, subdivision 2 new text end new text begin or 3. No fee in addition to the one specified new text end 78.28 new text begin in subdivision 1, paragraph (b), is required. new text end 78.29    Sec. 83. new text begin [148E.100] LICENSED SOCIAL WORKERS; SUPERVISED new text end 78.30 new text begin PRACTICE. new text end 78.31     new text begin Subdivision 1. new text end new text begin Supervision required after licensure. new text end new text begin After receiving a license new text end 78.32 new text begin from the board as a licensed social worker, the licensed social worker must obtain at least new text end 78.33 new text begin 100 hours of supervision according to the requirements of this section. new text end 79.1     new text begin Subd. 2. new text end new text begin Practice requirements. new text end new text begin The supervision required by subdivision 1 must be new text end 79.2 new text begin obtained during the first 4,000 hours of postbaccalaureate social work practice authorized new text end 79.3 new text begin by law. At least four hours of supervision must be obtained during every 160 hours of new text end 79.4 new text begin practice. new text end 79.5     new text begin Subd. 3. new text end new text begin Types of supervision. new text end new text begin Of the 100 hours of supervision required under new text end 79.6 new text begin subdivision 1: new text end 79.7     new text begin (1) 50 hours must be provided through one-on-one supervision, including: (i) new text end 79.8 new text begin a minimum of 25 hours of in-person supervision, and (ii) no more than 25 hours of new text end 79.9 new text begin supervision via eye-to-eye electronic media; and new text end 79.10     new text begin (2) 50 hours must be provided through: (i) one-on-one supervision, or (ii) group new text end 79.11 new text begin supervision. The supervision may be in-person, by telephone, or via eye-to-eye electronic new text end 79.12 new text begin media. The supervision must not be provided by e-mail. Group supervision is limited to new text end 79.13 new text begin six members not counting the supervisor or supervisors. new text end 79.14     new text begin Subd. 4. new text end new text begin Supervisor requirements. new text end new text begin The supervision required by subdivision 1 must new text end 79.15 new text begin be provided by a supervisor who: new text end 79.16     new text begin (1) is a licensed social worker who has completed the supervised practice new text end 79.17 new text begin requirements; new text end 79.18     new text begin (2) is a licensed graduate social worker, licensed independent social worker, or new text end 79.19 new text begin licensed independent clinical social worker; or new text end 79.20     new text begin (3) meets the requirements specified in section new text end new text begin 148E.120, subdivision 2 new text end new text begin . new text end 79.21     new text begin Subd. 5. new text end new text begin Supervisee requirements. new text end new text begin The supervisee must: new text end 79.22     new text begin (1) to the satisfaction of the supervisor, practice competently and ethically according new text end 79.23 new text begin to professional social work knowledge, skills, and values; new text end 79.24     new text begin (2) receive supervision in the following content areas: new text end 79.25     new text begin (i) development of professional values and responsibilities; new text end 79.26     new text begin (ii) practice skills; new text end 79.27     new text begin (iii) authorized scope of practice; new text end 79.28     new text begin (iv) ensuring continuing competence; and new text end 79.29     new text begin (v) ethical standards of practice; new text end 79.30     new text begin (3) submit a supervision plan according to section new text end new text begin 148E.125, subdivision 1 new text end new text begin ; and new text end 79.31     new text begin (4) if the board audits the supervisee's supervised practice, submit verification of new text end 79.32 new text begin supervised practice according to section new text end new text begin 148E.125, subdivision 3 new text end new text begin . new text end 79.33     new text begin Subd. 6. new text end new text begin After completion of supervision requirements. new text end new text begin A licensed social worker new text end 79.34 new text begin who fulfills the supervision requirements specified in subdivisions 1 to 5 is not required to new text end 79.35 new text begin be supervised after completion of the supervision requirements. new text end 80.1     new text begin Subd. 7. new text end new text begin Attestation. new text end new text begin The social worker and the social worker's supervisor must new text end 80.2 new text begin attest that the supervisee has met or has made progress on meeting the applicable new text end 80.3 new text begin supervision requirements according to section new text end new text begin 148E.125, subdivision 2 new text end new text begin . new text end 80.4    Sec. 84. new text begin [148E.105] LICENSED GRADUATE SOCIAL WORKERS WHO DO new text end 80.5 new text begin NOT PRACTICE CLINICAL SOCIAL WORK; SUPERVISED PRACTICE. new text end 80.6     new text begin Subdivision 1. new text end new text begin Supervision required after licensure. new text end new text begin After receiving a license new text end 80.7 new text begin from the board as a licensed graduate social worker, a licensed graduate social worker new text end 80.8 new text begin must obtain at least 100 hours of supervision according to the requirements of this section. new text end 80.9     new text begin Subd. 2. new text end new text begin Practice requirements. new text end new text begin The supervision required by subdivision 1 must new text end 80.10 new text begin be obtained during the first 4,000 hours of postgraduate social work practice authorized new text end 80.11 new text begin by law. At least four hours of supervision must be obtained during every 160 hours of new text end 80.12 new text begin practice. new text end 80.13     new text begin Subd. 3. new text end new text begin Types of supervision. new text end new text begin Of the 100 hours of supervision required under new text end 80.14 new text begin subdivision 1: new text end 80.15     new text begin (1) 50 hours must be provided though one-on-one supervision, including: (i) new text end 80.16 new text begin a minimum of 25 hours of in-person supervision, and (ii) no more than 25 hours of new text end 80.17 new text begin supervision via eye-to-eye electronic media; and new text end 80.18     new text begin (2) 50 hours must be provided through: (i) one-on-one supervision, or (ii) group new text end 80.19 new text begin supervision. The supervision may be in-person, by telephone, or via eye-to-eye electronic new text end 80.20 new text begin media. The supervision must not be provided by e-mail. Group supervision is limited new text end 80.21 new text begin to six supervisees. new text end 80.22     new text begin Subd. 4. new text end new text begin Supervisor requirements. new text end new text begin The supervision required by subdivision 1 must new text end 80.23 new text begin be provided by a supervisor who meets the requirements specified in section new text end new text begin . new text end 80.24 new text begin The supervision must be provided by a: new text end 80.25     new text begin (1) licensed independent social worker; new text end 80.26     new text begin (2) licensed graduate social worker who has completed the supervised practice new text end 80.27 new text begin requirements; new text end 80.28     new text begin (3) licensed independent clinical social worker; or new text end 80.29     new text begin (4) a supervisor who meets the requirements specified in section new text end new text begin 148E.120, new text end 80.30 new text begin subdivision 2 new text end new text begin . new text end 80.31     new text begin Subd. 5. new text end new text begin Supervisee requirements. new text end new text begin The supervisee must: new text end 80.32     new text begin (1) to the satisfaction of the supervisor, practice competently and ethically according new text end 80.33 new text begin to professional social work knowledge, skills, and values; new text end 80.34     new text begin (2) receive supervision in the following content areas: new text end 80.35     new text begin (i) development of professional values and responsibilities; new text end 81.1     new text begin (ii) practice skills; new text end 81.2     new text begin (iii) authorized scope of practice; new text end 81.3     new text begin (iv) ensuring continuing competence; and new text end 81.4     new text begin (v) ethical standards of practice; new text end 81.5     new text begin (3) submit a supervision plan according to section new text end new text begin 148E.125, subdivision 1 new text end new text begin ; and new text end 81.6     new text begin (4) verify supervised practice according to section new text end new text begin 148E.125, subdivision 3 new text end new text begin , if: new text end 81.7     new text begin (i) the board audits the supervisee's supervised practice; or new text end 81.8     new text begin (ii) a licensed graduate social worker applies for a licensed independent social new text end 81.9 new text begin worker license. new text end 81.10     new text begin Subd. 6. new text end new text begin Supervision not required after completion of supervision requirements. new text end 81.11     new text begin A licensed graduate social worker who fulfills the supervision requirements specified in new text end 81.12 new text begin subdivisions 1 to 5, and who does not practice clinical social work, is not required to be new text end 81.13 new text begin supervised after completion of the supervision requirements. new text end 81.14     new text begin Subd. 7. new text end new text begin Attestation. new text end new text begin A social worker and the social worker's supervisor must attest new text end 81.15 new text begin that the supervisee has met or has made progress on meeting the applicable supervision new text end 81.16 new text begin requirements according to section new text end new text begin 148E.125, subdivision 2 new text end new text begin . new text end 81.17     new text begin Subd. 8. new text end new text begin Eligibility to apply for licensure as a licensed independent social new text end 81.18 new text begin worker. new text end new text begin Upon completion of 4,000 hours of social work practice, including at least 100 new text end 81.19 new text begin hours of supervision according to the requirements of this section, a licensed graduate new text end 81.20 new text begin social worker is eligible to apply for a licensed independent social worker license new text end 81.21 new text begin according to section 148E.110. new text end 81.22    Sec. 85. new text begin [148E.106] LICENSED GRADUATE SOCIAL WORKERS WHO new text end 81.23 new text begin PRACTICE CLINICAL SOCIAL WORK; SUPERVISED PRACTICE. new text end 81.24     new text begin Subdivision 1. new text end new text begin Supervision required after licensure. new text end new text begin After receiving a license new text end 81.25 new text begin from the board as a licensed graduate social worker, a licensed graduate social worker new text end 81.26 new text begin must obtain at least 200 hours of supervision according to the requirements of this section. new text end 81.27     new text begin Subd. 2. new text end new text begin Practice requirements. new text end new text begin The supervision required by subdivision 1 must new text end 81.28 new text begin be obtained during the first 4,000 hours of postgraduate social work practice authorized new text end 81.29 new text begin by law. At least eight hours of supervision must be obtained during every 160 hours of new text end 81.30 new text begin practice. new text end 81.31     new text begin Subd. 3. new text end new text begin Types of supervision. new text end new text begin Of the 200 hours of supervision required under new text end 81.32 new text begin subdivision 1: new text end 81.33     new text begin (1) 100 hours must be provided through one-on-one supervision, including: (i) new text end 81.34 new text begin a minimum of 50 hours of in-person supervision, and (ii) no more than 50 hours of new text end 81.35 new text begin supervision via eye-to-eye electronic media; and new text end 82.1     new text begin (2) 100 hours must be provided through: (i) one-on-one supervision, or (ii) group new text end 82.2 new text begin supervision. The supervision may be in-person, by telephone, or via eye-to-eye electronic new text end 82.3 new text begin media. The supervision must not be provided by e-mail. Group supervision is limited new text end 82.4 new text begin to six supervisees. new text end 82.5     new text begin Subd. 4. new text end new text begin Supervisor requirements. new text end new text begin The supervision required by subdivision 1 must new text end 82.6 new text begin be provided by a supervisor who meets the requirements specified in section 148E.120. new text end 82.7 new text begin The supervision must be provided: new text end 82.8     new text begin (1) by a licensed independent clinical social worker; or new text end 82.9     new text begin (2) by a supervisor who meets the requirements specified in section 148E.120, new text end 82.10 new text begin subdivision 2. new text end 82.11     new text begin Subd. 5. new text end new text begin Supervisee requirements. new text end new text begin The supervisee must: new text end 82.12     new text begin (1) to the satisfaction of the supervisor, practice competently and ethically according new text end 82.13 new text begin to professional social work knowledge, skills, and values; new text end 82.14     new text begin (2) receive supervision in the following content areas: new text end 82.15     new text begin (i) development of professional values and responsibilities; new text end 82.16     new text begin (ii) practice skills; new text end 82.17     new text begin (iii) authorized scope of practice; new text end 82.18     new text begin (iv) ensuring continuing competence; and new text end 82.19     new text begin (v) ethical standards of practice; new text end 82.20     new text begin (3) submit a supervision plan according to section 148E.125, subdivision 1; and new text end 82.21     new text begin (4) verify supervised practice according to section 148E.125, subdivision 3, if: new text end 82.22     new text begin (i) the board audits the supervisee's supervised practice; or new text end 82.23     new text begin (ii) a licensed graduate social worker applies for a licensed independent clinical new text end 82.24 new text begin social worker license. new text end 82.25     new text begin Subd. 6. new text end new text begin Supervision required. new text end new text begin A licensed graduate social worker must not engage new text end 82.26 new text begin in clinical social work practice except under supervision by a licensed independent new text end 82.27 new text begin clinical social worker or an alternate supervisor designated according to section 148E.120, new text end 82.28 new text begin subdivision 2. new text end 82.29     new text begin Subd. 7. new text end new text begin Limit on practice of clinical social work. new text end new text begin (a) Except as provided in new text end 82.30 new text begin subdivision 8, a licensed graduate social worker must not engage in clinical social work new text end 82.31 new text begin practice under supervision for more than 8,000 hours. In order to practice clinical social new text end 82.32 new text begin work for more than 8,000 hours, a licensed graduate social worker must obtain a licensed new text end 82.33 new text begin independent clinical social worker license. new text end 82.34     new text begin (b) Notwithstanding the requirements of paragraph (a), the board may grant a new text end 82.35 new text begin licensed graduate social worker permission to engage in clinical social work practice for new text end 82.36 new text begin more than 8,000 hours if the licensed graduate social worker petitions the board and new text end 83.1 new text begin demonstrates to the board's satisfaction that for reasons of personal hardship the licensed new text end 83.2 new text begin graduate social worker should be granted an extension to continue practicing clinical new text end 83.3 new text begin social work under supervision for up to an additional 2,000 hours. new text end 83.4     new text begin Subd. 8. new text end new text begin Eligibility to apply for licensure as a licensed independent social new text end 83.5 new text begin worker. new text end new text begin Upon completion of 4,000 hours of clinical social work practice, including at new text end 83.6 new text begin least 1,800 hours of direct clinical client contact and 200 hours of supervision according to new text end 83.7 new text begin the requirements of this section, a licensed graduate social worker is eligible to apply for a new text end 83.8 new text begin licensed independent clinical social worker license under section 148E.115, subdivision 1. new text end 83.9     new text begin Subd. 9. new text end new text begin Attestation. new text end new text begin A social worker and the social worker's supervisor must attest new text end 83.10 new text begin that the supervisee has met or has made progress on meeting the applicable supervision new text end 83.11 new text begin requirements according to section 148E.125, subdivision 2. new text end 83.12    Sec. 86. new text begin [148E.110] LICENSED INDEPENDENT SOCIAL WORKERS; new text end 83.13 new text begin SUPERVISED PRACTICE. new text end 83.14     new text begin Subdivision 1. new text end new text begin Supervision required before licensure. new text end new text begin Before becoming licensed new text end 83.15 new text begin as a licensed independent social worker, a person must have obtained at least 100 hours new text end 83.16 new text begin of supervision during 4,000 hours of postgraduate social work practice required by law new text end 83.17 new text begin according to the requirements of section new text end new text begin 148E.105, subdivisions 3, 4, and 5 new text end new text begin . At least four new text end 83.18 new text begin hours of supervision must be obtained during every 160 hours of practice. new text end 83.19     new text begin Subd. 2. new text end new text begin Licensed independent social workers; clinical social work after new text end 83.20 new text begin licensure. new text end new text begin After licensure, a licensed independent social worker must not engage in new text end 83.21 new text begin clinical social work practice except under supervision by a licensed independent clinical new text end 83.22 new text begin social worker or an alternate supervisor designated according to section new text end new text begin 148E.120, new text end 83.23 new text begin subdivision 2 new text end new text begin . new text end 83.24     new text begin Subd. 3. new text end new text begin Limit on practice of clinical social work. new text end new text begin (a) Except as provided in new text end 83.25 new text begin paragraph (b), a licensed independent social worker must not engage in clinical social new text end 83.26 new text begin work practice under supervision for more than 8,000 hours. In order to practice clinical new text end 83.27 new text begin social work for more than 8,000 hours, a licensed independent social worker must obtain a new text end 83.28 new text begin licensed independent clinical social worker license. new text end 83.29     new text begin (b) Notwithstanding the requirements of paragraph (a), the board may grant a new text end 83.30 new text begin licensed independent social worker permission to engage in clinical social work practice new text end 83.31 new text begin for more than 8,000 hours if the licensed independent social worker petitions the board new text end 83.32 new text begin and demonstrates to the board's satisfaction that for reasons of personal hardship the new text end 83.33 new text begin licensed independent social worker should be granted an extension to continue practicing new text end 83.34 new text begin clinical social work under supervision for up to an additional 2,000 hours. new text end 84.1     new text begin Subd. 4. new text end new text begin Licensed independent social workers who do not practice clinical new text end 84.2 new text begin social work after licensure. new text end new text begin After licensure, a licensed independent social worker is not new text end 84.3 new text begin required to be supervised if the licensed independent social worker does not practice new text end 84.4 new text begin clinical social work. new text end 84.5    Sec. 87. new text begin [148E.115] LICENSED INDEPENDENT CLINICAL SOCIAL new text end 84.6 new text begin WORKERS; SUPERVISION. new text end 84.7     new text begin Subdivision 1. new text end new text begin Supervision required before licensure. new text end new text begin Before becoming licensed new text end 84.8 new text begin as a licensed independent clinical social worker, a person must have obtained at least 200 new text end 84.9 new text begin hours of supervision during 4,000 hours of postgraduate clinical practice required by law new text end 84.10 new text begin according to the requirements of section new text end new text begin 148E.106. new text end 84.11     new text begin Subd. 2. new text end new text begin No supervision required after licensure. new text end new text begin After licensure, a licensed new text end 84.12 new text begin independent clinical social worker is not required to be supervised. new text end 84.13    Sec. 88. new text begin [148E.120] REQUIREMENTS OF SUPERVISORS. new text end 84.14     new text begin Subdivision 1. new text end new text begin Supervisors licensed as social workers. new text end new text begin (a) Except as provided in new text end 84.15 new text begin paragraph (b), to be eligible to provide supervision under this section, a social worker must: new text end 84.16     new text begin (1) have at least 2,000 hours of experience in authorized social work practice. If new text end 84.17 new text begin the person is providing clinical supervision, the 2,000 hours must include 1,000 hours of new text end 84.18 new text begin experience in clinical practice; new text end 84.19     new text begin (2) have completed 30 hours of training in supervision through coursework from new text end 84.20 new text begin an accredited college or university, or through continuing education in compliance with new text end 84.21 new text begin sections 148E.130 to 148E.170; new text end 84.22     new text begin (3) be competent in the activities being supervised; and new text end 84.23     new text begin (4) attest, on a form provided by the board, that the social worker has met the new text end 84.24 new text begin applicable requirements specified in this section and sections 148E.100 to 148E.115. The new text end 84.25 new text begin board may audit the information provided to determine compliance with the requirements new text end 84.26 new text begin of this section. new text end 84.27     new text begin (b) If the board determines that supervision is not obtainable from an individual new text end 84.28 new text begin meeting the requirements specified in paragraph (a), the board may approve an alternate new text end 84.29 new text begin supervisor according to subdivision 2. new text end 84.30     new text begin Subd. 2. new text end new text begin Alternate supervisors. new text end new text begin (a) The board may approve an alternate supervisor new text end 84.31 new text begin if: new text end 84.32     new text begin (1) the board determines that supervision is not obtainable according to paragraph new text end 84.33 new text begin (b); new text end 85.1     new text begin (2) the licensee requests in the supervision plan submitted according to section new text end 85.2 new text begin 148E.125, subdivision 1 new text end new text begin , that an alternate supervisor conduct the supervision; new text end 85.3     new text begin (3) the licensee describes the proposed supervision and the name and qualifications new text end 85.4 new text begin of the proposed alternate supervisor; and new text end 85.5     new text begin (4) the requirements of paragraph (d) are met. new text end 85.6     new text begin (b) The board may determine that supervision is not obtainable if: new text end 85.7     new text begin (1) the licensee provides documentation as an attachment to the supervision plan new text end 85.8 new text begin submitted according to section new text end new text begin 148E.125, subdivision 1 new text end new text begin , that the licensee has conducted a new text end 85.9 new text begin thorough search for a supervisor meeting the applicable licensure requirements specified new text end 85.10 new text begin in sections new text end new text begin to new text end new text begin ; new text end 85.11     new text begin (2) the licensee demonstrates to the board's satisfaction that the search was new text end 85.12 new text begin unsuccessful; and new text end 85.13     new text begin (3) the licensee describes the extent of the search and the names and locations of new text end 85.14 new text begin the persons and organizations contacted. new text end 85.15     new text begin (c) The requirements specified in paragraph (b) do not apply to obtaining supervision new text end 85.16 new text begin for clinical practice if the board determines that there are five or fewer licensed new text end 85.17 new text begin independent clinical social workers in the county where the licensee practices social work. new text end 85.18     new text begin (d) An alternate supervisor must: new text end 85.19     new text begin (1) be an unlicensed social worker who is employed in, and provides the supervision new text end 85.20 new text begin in, a setting exempt from licensure by section new text end new text begin , and who has qualifications new text end 85.21 new text begin equivalent to the applicable requirements specified in sections new text end new text begin to new text end new text begin ; new text end 85.22     new text begin (2) be a social worker engaged in authorized practice in Iowa, Manitoba, North new text end 85.23 new text begin Dakota, Ontario, South Dakota, or Wisconsin, and has the qualifications equivalent to the new text end 85.24 new text begin applicable requirements specified in sections 148E.100 to 148E.115; or new text end 85.25     new text begin (3) be a licensed marriage and family therapist or a mental health professional new text end 85.26 new text begin as established by section new text end new text begin 245.462, subdivision 18 new text end new text begin , or new text end new text begin 245.4871, subdivision 27 new text end new text begin , or an new text end 85.27 new text begin equivalent mental health professional, as determined by the board, who is licensed or new text end 85.28 new text begin credentialed by a state, territorial, provincial, or foreign licensing agency. new text end 85.29     new text begin In order to qualify to provide clinical supervision of a licensed graduate social new text end 85.30 new text begin worker or licensed independent social worker engaged in clinical practice, the alternate new text end 85.31 new text begin supervisor must be a mental health professional as established by section new text end new text begin 245.462, new text end 85.32 new text begin subdivision 18 new text end new text begin , or new text end new text begin 245.4871, subdivision 27 new text end new text begin , or an equivalent mental health professional, new text end 85.33 new text begin as determined by the board, who is licensed or credentialed by a state, territorial, new text end 85.34 new text begin provincial, or foreign licensing agency. new text end 85.35    Sec. 89. new text begin [148E.125] DOCUMENTATION OF SUPERVISION. new text end 86.1     new text begin Subdivision 1. new text end new text begin Supervision plan. new text end new text begin (a) A social worker must submit, on a form new text end 86.2 new text begin provided by the board, a supervision plan for meeting the supervision requirements new text end 86.3 new text begin specified in sections new text end new text begin to new text end new text begin . new text end 86.4     new text begin (b) The supervision plan must be submitted no later than 90 days after the licensee new text end 86.5 new text begin begins a social work practice position after becoming licensed. new text end 86.6     new text begin (c) For failure to submit the supervision plan within 90 days after beginning a social new text end 86.7 new text begin work practice position, a licensee must pay the supervision plan late fee specified in new text end 86.8 new text begin section new text end new text begin when the licensee applies for license renewal. new text end 86.9     new text begin (d) A license renewal application submitted according to paragraph (a) must not be new text end 86.10 new text begin approved unless the board has received a supervision plan. new text end 86.11     new text begin (e) The supervision plan must include the following: new text end 86.12     new text begin (1) the name of the supervisee, the name of the agency in which the supervisee is new text end 86.13 new text begin being supervised, and the supervisee's position title; new text end 86.14     new text begin (2) the name and qualifications of the person providing the supervision; new text end 86.15     new text begin (3) the number of hours of one-on-one in-person supervision and the number and new text end 86.16 new text begin type of additional hours of supervision to be completed by the supervisee; new text end 86.17     new text begin (4) the supervisee's position description; new text end 86.18     new text begin (5) a brief description of the supervision the supervisee will receive in the following new text end 86.19 new text begin content areas: new text end 86.20     new text begin (i) clinical practice, if applicable; new text end 86.21     new text begin (ii) development of professional social work knowledge, skills, and values; new text end 86.22     new text begin (iii) practice methods; new text end 86.23     new text begin (iv) authorized scope of practice; new text end 86.24     new text begin (v) ensuring continuing competence; and new text end 86.25     new text begin (vi) ethical standards of practice; and new text end 86.26     new text begin (6) if applicable, a detailed description of the supervisee's clinical social work new text end 86.27 new text begin practice, addressing: new text end 86.28     new text begin (i) the client population, the range of presenting issues, and the diagnoses; new text end 86.29     new text begin (ii) the clinical modalities that were utilized; and new text end 86.30     new text begin (iii) the process utilized for determining clinical diagnoses, including the diagnostic new text end 86.31 new text begin instruments used and the role of the supervisee in the diagnostic process. new text end 86.32     new text begin (f) The board must receive a revised supervision plan within 90 days of any of the new text end 86.33 new text begin following changes: new text end 86.34     new text begin (1) the supervisee has a new supervisor; new text end 86.35     new text begin (2) the supervisee begins a new social work position; new text end 86.36     new text begin (3) the scope or content of the supervisee's social work practice changes substantially; new text end 87.1     new text begin (4) the number of practice or supervision hours changes substantially; or new text end 87.2     new text begin (5) the type of supervision changes as supervision is described in section new text end new text begin 148E.100, new text end 87.3 new text begin subdivision 3 new text end new text begin , or new text end new text begin 148E.105, subdivision 3 new text end new text begin , or as required in section new text end new text begin . new text end 87.4     new text begin (g) For failure to submit a revised supervision plan as required in paragraph (f), a new text end 87.5 new text begin supervisee must pay the supervision plan late fee specified in section new text end new text begin , when new text end 87.6 new text begin the supervisee applies for license renewal. new text end 87.7     new text begin (h) The board must approve the supervisor and the supervision plan. new text end 87.8     new text begin Subd. 2. new text end new text begin Attestation. new text end new text begin (a) When a supervisee submits renewal application materials new text end 87.9 new text begin to the board, the supervisee and supervisor must submit an attestation providing the new text end 87.10 new text begin following information on a form provided by the board: new text end 87.11     new text begin (1) the name of the supervisee, the name of the agency in which the supervisee is new text end 87.12 new text begin being supervised, and the supervisee's position title; new text end 87.13     new text begin (2) the name and qualifications of the supervisor; new text end 87.14     new text begin (3) the number of hours and dates of each type of supervision completed; new text end 87.15     new text begin (4) the supervisee's position description; new text end 87.16     new text begin (5) a declaration that the supervisee has not engaged in conduct in violation of the new text end 87.17 new text begin standards of practice specified in sections new text end new text begin to new text end new text begin ; new text end 87.18     new text begin (6) a declaration that the supervisee has practiced competently and ethically new text end 87.19 new text begin according to professional social work knowledge, skills, and values; and new text end 87.20     new text begin (7) a list of the content areas in which the supervisee has received supervision, new text end 87.21 new text begin including the following: new text end 87.22     new text begin (i) clinical practice, if applicable; new text end 87.23     new text begin (ii) development of professional social work knowledge, skills, and values; new text end 87.24     new text begin (iii) practice methods; new text end 87.25     new text begin (iv) authorized scope of practice; new text end 87.26     new text begin (v) ensuring continuing competence; and new text end 87.27     new text begin (vi) ethical standards of practice. new text end 87.28     new text begin (b) The information provided on the attestation form must demonstrate to the board's new text end 87.29 new text begin satisfaction that the supervisee has met or has made progress on meeting the applicable new text end 87.30 new text begin supervised practice requirements. new text end 87.31     new text begin Subd. 3. new text end new text begin Verification of supervised practice. new text end new text begin (a) In addition to receiving the new text end 87.32 new text begin attestation required under subdivision 2, the board must receive verification of supervised new text end 87.33 new text begin practice if: new text end 87.34     new text begin (1) the board audits the supervision of a supervisee; or new text end 87.35     new text begin (2) an applicant applies for a license as a licensed independent social worker or as a new text end 87.36 new text begin licensed independent clinical social worker. new text end 88.1     new text begin (b) When verification of supervised practice is required according to paragraph (a), new text end 88.2 new text begin the board must receive from the supervisor the following information on a form provided new text end 88.3 new text begin by the board: new text end 88.4     new text begin (1) the name of the supervisee, the name of the agency in which the supervisee is new text end 88.5 new text begin being supervised, and the supervisee's position title; new text end 88.6     new text begin (2) the name and qualifications of the supervisor; new text end 88.7     new text begin (3) the number of hours and dates of each type of supervision completed; new text end 88.8     new text begin (4) the supervisee's position description; new text end 88.9     new text begin (5) a declaration that the supervisee has not engaged in conduct in violation of the new text end 88.10 new text begin standards of practice specified in sections new text end new text begin to new text end new text begin ; new text end 88.11     new text begin (6) a declaration that the supervisee has practiced ethically and competently new text end 88.12 new text begin according to professional social work knowledge, skills, and values; new text end 88.13     new text begin (7) a list of the content areas in which the supervisee has received supervision, new text end 88.14 new text begin including the following: new text end 88.15     new text begin (i) clinical practice, if applicable; new text end 88.16     new text begin (ii) development of professional social work knowledge, skills, and values; new text end 88.17     new text begin (iii) practice methods; new text end 88.18     new text begin (iv) authorized scope of practice; new text end 88.19     new text begin (v) ensuring continuing competence; and new text end 88.20     new text begin (vi) ethical standards of practice; and new text end 88.21     new text begin (8) if applicable, a detailed description of the supervisee's clinical social work new text end 88.22 new text begin practice, addressing: new text end 88.23     new text begin (i) the client population, the range of presenting issues, and the diagnoses; new text end 88.24     new text begin (ii) the clinical modalities that were utilized; and new text end 88.25     new text begin (iii) the process utilized for determining clinical diagnoses, including the diagnostic new text end 88.26 new text begin instruments used and the role of the supervisee in the diagnostic process. new text end 88.27     new text begin (c) The information provided on the verification form must demonstrate to the board's new text end 88.28 new text begin satisfaction that the supervisee has met the applicable supervised practice requirements. new text end 88.29     new text begin Subd. 4. new text end new text begin Alternative verification of supervised practice. new text end new text begin Notwithstanding the new text end 88.30 new text begin requirements of subdivision 3, the board may accept alternative verification of supervised new text end 88.31 new text begin practice if a supervisee demonstrates to the satisfaction of the board that the supervisee is new text end 88.32 new text begin unable to locate a former supervisor to provide the required information. new text end 88.33    Sec. 90. new text begin [148E.130] CLOCK HOURS REQUIRED. new text end 89.1     new text begin Subdivision 1. new text end new text begin Total clock hours required. new text end new text begin At the time of license renewal, a new text end 89.2 new text begin licensee must provide evidence satisfactory to the board that the licensee has, during the new text end 89.3 new text begin renewal term, completed at least 40 clock hours of continuing education. new text end 89.4     new text begin Subd. 2. new text end new text begin Ethics requirement. new text end new text begin At least two of the clock hours required under new text end 89.5 new text begin subdivision 1 must be in social work ethics. new text end 89.6     new text begin Subd. 3. new text end new text begin Requirement for LICSWs. new text end new text begin For licensed independent clinical social new text end 89.7 new text begin workers, at least 24 of the clock hours required under subdivision 1 must be in the clinical new text end 89.8 new text begin content areas specified in section 148E.055, subdivision 5. new text end 89.9     new text begin Subd. 4. new text end new text begin Requirement for supervisors. new text end new text begin For social workers providing supervision new text end 89.10 new text begin according to sections 148E.100 to 148E.125, at least six of the clock hours required under new text end 89.11 new text begin subdivision 1 must be in the practice of supervision. new text end 89.12     new text begin Subd. 5. new text end new text begin Independent study. new text end new text begin Independent study must not consist of more than ten new text end 89.13 new text begin clock hours of continuing education per renewal term. Independent study must be for new text end 89.14 new text begin publication, public presentation, or professional development. Independent study includes, new text end 89.15 new text begin but is not limited to, electronic study. For purposes of subdivision 6, independent study new text end 89.16 new text begin includes consultation with an experienced supervisor regarding the practice of supervision. new text end 89.17     new text begin Subd. 6. new text end new text begin Coursework. new text end new text begin One credit of coursework in a semester-based academic new text end 89.18 new text begin institution is the equivalent of 15 clock hours. new text end 89.19     new text begin Subd. 7. new text end new text begin Prorated renewal term. new text end new text begin If the licensee's renewal term is prorated to be new text end 89.20 new text begin less or more than 24 months, the required number of continuing education clock hours is new text end 89.21 new text begin prorated proportionately. new text end 89.22    Sec. 91. new text begin [148E.135] APPROVAL OF CLOCK HOURS. new text end 89.23     new text begin Subdivision 1. new text end new text begin Ways of approving clock hours. new text end new text begin The clock hours required under new text end 89.24 new text begin section new text end new text begin must be approved in one or more of the following ways: new text end 89.25     new text begin (1) the hours must be offered by a continuing education provider approved by the new text end 89.26 new text begin board; new text end 89.27     new text begin (2) the hours must be offered by a continuing education provider approved by the new text end 89.28 new text begin Association of Social Work Boards or a similar examination body designated by the board; new text end 89.29     new text begin (3) the hours must be earned through a continuing education program approved by new text end 89.30 new text begin the National Association of Social Workers; or new text end 89.31     new text begin (4) the hours must be earned through a continuing education program approved new text end 89.32 new text begin by the board. new text end 89.33     new text begin Subd. 2. new text end new text begin Preapproval not required. new text end new text begin Providers and programs are not required to be new text end 89.34 new text begin preapproved but must meet the requirements specified in this section. new text end 90.1    Sec. 92. new text begin [148E.140] VARIANCES. new text end 90.2     new text begin The board may grant a variance to the continuing education requirements specified new text end 90.3 new text begin in section new text end new text begin , when a licensee demonstrates to the satisfaction of the board that the new text end 90.4 new text begin licensee is unable to complete the required number of clock hours during the renewal term. new text end 90.5 new text begin The board may allow a licensee to complete the required number of clock hours within a new text end 90.6 new text begin time frame specified by the board. The board must not allow a licensee to complete less new text end 90.7 new text begin than the required number of clock hours. new text end 90.8    Sec. 93. new text begin [148E.145] CONTINUING EDUCATION PROVIDERS APPROVED new text end 90.9 new text begin BY BOARD. new text end 90.10     new text begin Subdivision 1. new text end new text begin Board approval. new text end new text begin (a) The board must approve a continuing education new text end 90.11 new text begin provider who: new text end 90.12     new text begin (1) submits a completed application to the board which provides the information new text end 90.13 new text begin required by subdivision 2 and which meets the criteria specified in subdivision 3; and new text end 90.14     new text begin (2) pays the provider fee specified in section new text end new text begin . new text end 90.15     new text begin (b) An approval is valid for programs offered no later than one year from the date new text end 90.16 new text begin the application is approved by the board. new text end 90.17     new text begin Subd. 2. new text end new text begin Information required. new text end new text begin The information that must be provided to the board new text end 90.18 new text begin includes, but is not limited to, the following: new text end 90.19     new text begin (1) the name of the continuing education provider; new text end 90.20     new text begin (2) the address, telephone number, and e-mail address of a contact person for the new text end 90.21 new text begin provider; new text end 90.22     new text begin (3) a signed statement that indicates the provider understands and agrees to abide by new text end 90.23 new text begin the criteria specified in subdivision 3; and new text end 90.24     new text begin (4) a signed statement that indicates the provider agrees to furnish a certificate of new text end 90.25 new text begin attendance to each participant in a program offered by the provider. new text end 90.26     new text begin Subd. 3. new text end new text begin Criteria for programs. new text end new text begin (a) A continuing education provider must employ new text end 90.27 new text begin the following criteria in determining whether to offer a continuing education program: new text end 90.28     new text begin (1) whether the material to be presented will promote the standards of practice new text end 90.29 new text begin described in sections new text end new text begin to new text end new text begin ; new text end 90.30     new text begin (2) whether the material to be presented will contribute to the practice of social work new text end 90.31 new text begin as defined in section new text end new text begin ; new text end 90.32     new text begin (3) whether the material to be presented is intended for the benefit of practicing new text end 90.33 new text begin social workers; and new text end 90.34     new text begin (4) whether the persons presenting the program are qualified in the subject matter new text end 90.35 new text begin being presented. new text end 91.1     new text begin (b) The material presented must not be primarily procedural or primarily oriented new text end 91.2 new text begin towards business practices or self-development. new text end 91.3     new text begin Subd. 4. new text end new text begin Audits. new text end new text begin (a) The board may audit programs offered by a continuing new text end 91.4 new text begin education provider approved by the board to determine compliance with the requirements new text end 91.5 new text begin of this section. new text end 91.6     new text begin (b) A continuing education provider audited by the board must provide the new text end 91.7 new text begin documentation specified in subdivision 5. new text end 91.8     new text begin Subd. 5. new text end new text begin Records retention; continuing education providers. new text end new text begin For three years new text end 91.9 new text begin following the end of each program offered by a continuing education provider, the new text end 91.10 new text begin provider must maintain the following information: new text end 91.11     new text begin (1) the title of the program; new text end 91.12     new text begin (2) a description of the content and objectives of the program; new text end 91.13     new text begin (3) the date of the program; new text end 91.14     new text begin (4) the number of clock hours credited for participation in the program; new text end 91.15     new text begin (5) the program location; new text end 91.16     new text begin (6) the names and qualifications of the primary presenters; new text end 91.17     new text begin (7) a description of the primary audience the program was designed for; and new text end 91.18     new text begin (8) a list of the participants in the program. new text end 91.19    Sec. 94. new text begin [148E.150] APPROVED CONTINUING EDUCATION PROVIDERS. new text end 91.20     new text begin In order to receive credit for a program offered by a continuing education provider new text end 91.21 new text begin approved by the Association of Social Work Boards or a similar examination body new text end 91.22 new text begin designated by the board, the provider must be listed on the Association of Social Work new text end 91.23 new text begin Boards Web site as a provider currently approved by the Association of Social Work new text end 91.24 new text begin Boards or a similar examination body designated by the board. new text end 91.25    Sec. 95. new text begin [148E.155] APPROVED CONTINUING EDUCATION PROGRAMS. new text end 91.26     new text begin In order to receive credit for a program approved by the National Association of new text end 91.27 new text begin Social Workers, the program must be listed on the National Association of Social Workers new text end 91.28 new text begin Web site as a program currently approved by the National Association of Social Workers. new text end 91.29    Sec. 96. new text begin [148E.160] CONTINUING EDUCATION PROGRAMS APPROVED new text end 91.30 new text begin BY BOARD. new text end 91.31     new text begin Subdivision 1. new text end new text begin Required program content. new text end new text begin In order to be approved by the board, a new text end 91.32 new text begin continuing education program must: new text end 91.33     new text begin (1) promote the standards of practice described in sections new text end new text begin to new text end new text begin ; new text end 92.1     new text begin (2) contribute to the practice of social work as defined in section new text end new text begin ; and new text end 92.2     new text begin (3) not be primarily procedural or be primarily oriented towards business practices new text end 92.3 new text begin or self-development. new text end 92.4     new text begin Subd. 2. new text end new text begin Types of continuing education programs. new text end new text begin In order to be approved by new text end 92.5 new text begin the board, a continuing education program must be one of the following: academic new text end 92.6 new text begin coursework offered by an institution of higher learning; educational workshops, seminars, new text end 92.7 new text begin or conferences offered by an organization or individual; staff training offered by a public new text end 92.8 new text begin or private employer; or independent study. new text end 92.9    Sec. 97. new text begin [148E.165] CONTINUING EDUCATION REQUIREMENTS OF new text end 92.10 new text begin LICENSEES. new text end 92.11     new text begin Subdivision 1. new text end new text begin Records retention; licensees. new text end new text begin For one year following the expiration new text end 92.12 new text begin date of a license, the licensee must maintain documentation of clock hours earned during new text end 92.13 new text begin the previous renewal term. The documentation must include the following: new text end 92.14     new text begin (1) for educational workshops or seminars offered by an organization or at a new text end 92.15 new text begin conference, a copy of the certificate of attendance issued by the presenter or sponsor new text end 92.16 new text begin giving the following information: new text end 92.17     new text begin (i) the name of the sponsor or presenter of the program; new text end 92.18     new text begin (ii) the title of the workshop or seminar; new text end 92.19     new text begin (iii) the dates the licensee participated in the program; and new text end 92.20     new text begin (iv) the number of clock hours completed; new text end 92.21     new text begin (2) for academic coursework offered by an institution of higher learning, a copy of a new text end 92.22 new text begin transcript giving the following information: new text end 92.23     new text begin (i) the name of the institution offering the course; new text end 92.24     new text begin (ii) the title of the course; new text end 92.25     new text begin (iii) the dates the licensee participated in the course; and new text end 92.26     new text begin (iv) the number of credits completed; new text end 92.27     new text begin (3) for staff training offered by public or private employers, a copy of the certificate new text end 92.28 new text begin of attendance issued by the employer giving the following information: new text end 92.29     new text begin (i) the name of the employer; new text end 92.30     new text begin (ii) the title of the staff training; new text end 92.31     new text begin (iii) the dates the licensee participated in the program; and new text end 92.32     new text begin (iv) the number of clock hours completed; and new text end 92.33     new text begin (4) for independent study, including electronic study, a written summary of the study new text end 92.34 new text begin conducted, including the following information: new text end 92.35     new text begin (i) the topics studied; new text end 93.1     new text begin (ii) a description of the applicability of the study to the licensee's authorized scope of new text end 93.2 new text begin practice; new text end 93.3     new text begin (iii) the titles and authors of books and articles consulted or the name of the new text end 93.4 new text begin organization offering the study; new text end 93.5     new text begin (iv) the dates the licensee conducted the study; and new text end 93.6     new text begin (v) the number of clock hours the licensee conducted the study. new text end 93.7     new text begin Subd. 2. new text end new text begin Audits. new text end new text begin The board may audit license renewal and reactivation applications new text end 93.8 new text begin to determine compliance with the requirements of sections new text end new text begin to new text end new text begin . A new text end 93.9 new text begin licensee audited by the board must provide the documentation specified in subdivision new text end 93.10 new text begin 1 regardless of whether the provider or program has been approved by the board, the new text end 93.11 new text begin Association of Social Work Boards, or a similar examination body designated by the new text end 93.12 new text begin board, or the National Association of Social Workers. new text end 93.13    Sec. 98. new text begin [148E.170] REVOCATION OF CONTINUING EDUCATION new text end 93.14 new text begin APPROVALS. new text end 93.15     new text begin The board may revoke approval of a provider or of a program offered by a provider, new text end 93.16 new text begin or of an individual program approved by the board, if the board determines subsequent new text end 93.17 new text begin to the approval that the provider or program failed to meet the requirements of sections new text end 93.18 new text begin to new text end new text begin . new text end 93.19    Sec. 99. new text begin [148E.175] FEES. new text end 93.20     new text begin The fees specified in section new text end new text begin are nonrefundable and must be deposited in new text end 93.21 new text begin the state government special revenue fund. new text end 93.22    Sec. 100. new text begin [148E.180] FEE AMOUNTS. new text end 93.23     new text begin Subdivision 1. new text end new text begin Application fees. new text end new text begin Application fees for licensure are as follows: new text end 93.24     new text begin (1) for a licensed social worker, $45; new text end 93.25     new text begin (2) for a licensed graduate social worker, $45; new text end 93.26     new text begin (3) for a licensed independent social worker, $90; new text end 93.27     new text begin (4) for a licensed independent clinical social worker, $90; new text end 93.28     new text begin (5) for a temporary license, $50; and new text end 93.29     new text begin (6) for a licensure by endorsement, $150. new text end 93.30     new text begin The fee for criminal background checks is the fee charged by the Bureau of Criminal new text end 93.31 new text begin Apprehension. The criminal background check fee must be included with the application new text end 93.32 new text begin fee as required according to section new text end new text begin . new text end 93.33     new text begin Subd. 2. new text end new text begin License fees. new text end new text begin License fees are as follows: new text end 94.1     new text begin (1) for a licensed social worker, $115.20; new text end 94.2     new text begin (2) for a licensed graduate social worker, $201.60; new text end 94.3     new text begin (3) for a licensed independent social worker, $302.40; new text end 94.4     new text begin (4) for a licensed independent clinical social worker, $331.20; new text end 94.5     new text begin (5) for an emeritus license, $43.20; and new text end 94.6     new text begin (6) for a temporary leave fee, the same as the renewal fee specified in subdivision 3. new text end 94.7     new text begin If the licensee's initial license term is less or more than 24 months, the required new text end 94.8 new text begin license fees must be prorated proportionately. new text end 94.9     new text begin Subd. 3. new text end new text begin Renewal fees. new text end new text begin Renewal fees for licensure are as follows: new text end 94.10     new text begin (1) for a licensed social worker, $115.20; new text end 94.11     new text begin (2) for a licensed graduate social worker, $201.60; new text end 94.12     new text begin (3) for a licensed independent social worker, $302.40; and new text end 94.13     new text begin (4) for a licensed independent clinical social worker, $331.20. new text end 94.14     new text begin Subd. 4. new text end new text begin Continuing education provider fees. new text end new text begin Continuing education provider new text end 94.15 new text begin fees are as follows: new text end 94.16     new text begin (1) for a provider who offers programs totaling one to eight clock hours in a one-year new text end 94.17 new text begin period according to section new text end new text begin , $50; new text end 94.18     new text begin (2) for a provider who offers programs totaling nine to 16 clock hours in a one-year new text end 94.19 new text begin period according to section new text end new text begin , $100; new text end 94.20     new text begin (3) for a provider who offers programs totaling 17 to 32 clock hours in a one-year new text end 94.21 new text begin period according to section new text end new text begin , $200; new text end 94.22     new text begin (4) for a provider who offers programs totaling 33 to 48 clock hours in a one-year new text end 94.23 new text begin period according to section new text end new text begin , $400; and new text end 94.24     new text begin (5) for a provider who offers programs totaling 49 or more clock hours in a one-year new text end 94.25 new text begin period according to section new text end new text begin , $600. new text end 94.26     new text begin Subd. 5. new text end new text begin Late fees. new text end new text begin Late fees are as follows: new text end 94.27     new text begin (1) renewal late fee, one-half of the renewal fee specified in subdivision 3; and new text end 94.28     new text begin (2) supervision plan late fee, $40. new text end 94.29     new text begin Subd. 6. new text end new text begin License cards and wall certificates. new text end new text begin (a) The fee for a license card as new text end 94.30 new text begin specified in section new text end new text begin is $10. new text end 94.31     new text begin (b) The fee for a license wall certificate as specified in section new text end new text begin is $30. new text end 94.32     new text begin Subd. 7. new text end new text begin Reactivation fees. new text end new text begin Reactivation fees are as follows: new text end 94.33     new text begin (1) reactivation from a temporary leave or emeritus status, the prorated share of the new text end 94.34 new text begin renewal fee specified in subdivision 3; and new text end 94.35     new text begin (2) reactivation of an expired license, 1-1/2 times the renewal fees specified in new text end 94.36 new text begin subdivision 3. new text end 95.1    Sec. 101. new text begin [148E.185] PURPOSE OF COMPLIANCE LAWS. new text end 95.2     new text begin The purpose of sections new text end new text begin to new text end new text begin is to protect the public by ensuring new text end 95.3 new text begin that all persons licensed as social workers meet minimum standards of practice. The new text end 95.4 new text begin board shall promptly and fairly investigate and resolve all complaints alleging violations new text end 95.5 new text begin of statutes and rules that the board is empowered to enforce and (1) take appropriate new text end 95.6 new text begin disciplinary action, adversarial action, or other action justified by the facts, or (2) enter new text end 95.7 new text begin into corrective action agreements or stipulations to cease practice, when doing so is new text end 95.8 new text begin consistent with the board's obligation to protect the public. new text end 95.9    Sec. 102. new text begin [148E.190] GROUNDS FOR ACTION. new text end 95.10     new text begin Subdivision 1. new text end new text begin Scope. new text end new text begin The grounds for action in subdivisions 2 to 4 and the new text end 95.11 new text begin standards of practice requirements in sections new text end new text begin to new text end new text begin apply to all licensees new text end 95.12 new text begin and applicants. new text end 95.13     new text begin Subd. 2. new text end new text begin Violations. new text end new text begin The board has grounds to take action according to sections new text end 95.14 new text begin to new text end new text begin when a social worker violates: new text end 95.15     new text begin (1) a statute or rule enforced by the board, including this section and sections new text end 95.16 new text begin to new text end new text begin ; new text end 95.17     new text begin (2) a federal or state law or rule related to the practice of social work; or new text end 95.18     new text begin (3) an order, stipulation, or agreement agreed to or issued by the board. new text end 95.19     new text begin Subd. 3. new text end new text begin Conduct before licensure. new text end new text begin A violation of the requirements specified in this new text end 95.20 new text begin section and sections new text end new text begin to new text end new text begin is grounds for the board to take action under new text end 95.21 new text begin sections new text end new text begin to new text end new text begin . The board's jurisdiction to exercise the powers provided in new text end 95.22 new text begin this section extends to an applicant or licensee's conduct that occurred before licensure if: new text end 95.23     new text begin (1) the conduct did not meet the minimum accepted and prevailing standards of new text end 95.24 new text begin professional social work practice at the time the conduct occurred; or new text end 95.25     new text begin (2) the conduct adversely affects the applicant or licensee's present ability to practice new text end 95.26 new text begin social work in conformity with the requirements of sections new text end new text begin to new text end new text begin . new text end 95.27     new text begin Subd. 4. new text end new text begin Unauthorized practice. new text end new text begin The board has grounds to take action according new text end 95.28 new text begin to sections new text end new text begin to new text end new text begin when a social worker: new text end 95.29     new text begin (1) practices outside the scope of practice authorized by section new text end new text begin ; new text end 95.30     new text begin (2) engages in the practice of social work without a social work license under new text end 95.31 new text begin section new text end new text begin or new text end new text begin , except when the social worker is exempt from licensure new text end 95.32 new text begin under section new text end new text begin ; new text end 95.33     new text begin (3) provides social work services to a client who receives social work services in new text end 95.34 new text begin this state, and is not licensed under section new text end new text begin or new text end new text begin , except when the social new text end 95.35 new text begin worker is exempt from licensure under section new text end new text begin . new text end 96.1    Sec. 103. new text begin [148E.195] REPRESENTATIONS TO CLIENTS AND PUBLIC. new text end 96.2     new text begin Subdivision 1. new text end new text begin Required displays and information for clients. new text end new text begin (a) A social worker new text end 96.3 new text begin must conspicuously display at the social worker's places of practice, or make available as new text end 96.4 new text begin a handout for all clients, information that the client has the right to the following: new text end 96.5     new text begin (1) to be informed of the social worker's license status, education, training, and new text end 96.6 new text begin experience; new text end 96.7     new text begin (2) to examine public data on the social worker maintained by the board; new text end 96.8     new text begin (3) to report a complaint about the social worker's practice to the board; and new text end 96.9     new text begin (4) to be informed of the board's mailing address, e-mail address, Web site address, new text end 96.10 new text begin and telephone number. new text end 96.11     new text begin (b) A social worker must conspicuously display the social worker's wall certificate at new text end 96.12 new text begin the social worker's places of practice and office locations. Additional wall certificates may new text end 96.13 new text begin be requested according to section new text end new text begin . new text end 96.14     new text begin Subd. 2. new text end new text begin Representations. new text end new text begin (a) No applicant or other individual may be represented new text end 96.15 new text begin to the public by any title incorporating the words "social work" or "social worker" unless new text end 96.16 new text begin the individual holds a license according to sections new text end new text begin and new text end new text begin or practices in new text end 96.17 new text begin a setting exempt from licensure according to section new text end new text begin . new text end 96.18     new text begin (b) In all professional use of a social worker's name, the social worker must use new text end 96.19 new text begin the license designation "LSW" or "licensed social worker" for a licensed social worker, new text end 96.20 new text begin "LGSW" or "licensed graduate social worker" for a licensed graduate social worker, new text end 96.21 new text begin "LISW" or "licensed independent social worker" for a licensed independent social worker, new text end 96.22 new text begin or "LICSW" or "licensed independent clinical social worker" for a licensed independent new text end 96.23 new text begin clinical social worker. new text end 96.24     new text begin (c) Public statements or advertisements must not be untruthful, misleading, false, new text end 96.25 new text begin fraudulent, deceptive, or potentially exploitative of clients, former clients, interns, new text end 96.26 new text begin students, supervisees, or the public. new text end 96.27     new text begin (d) A social worker must not: new text end 96.28     new text begin (1) use licensure status as a claim, promise, or guarantee of successful service; new text end 96.29     new text begin (2) obtain a license by cheating or employing fraud or deception; new text end 96.30     new text begin (3) make false statements or misrepresentations to the board or in materials new text end 96.31 new text begin submitted to the board; or new text end 96.32     new text begin (4) engage in conduct that has the potential to deceive or defraud a social work new text end 96.33 new text begin client, intern, student, supervisee, or the public. new text end 96.34     new text begin Subd. 3. new text end new text begin Information on credentials. new text end new text begin (a) A social worker must provide accurate new text end 96.35 new text begin and factual information concerning the social worker's credentials, education, training, new text end 97.1 new text begin and experience when the information is requested by clients, potential clients, or other new text end 97.2 new text begin persons or organizations. new text end 97.3     new text begin (b) A social worker must not misrepresent directly or by implication the social new text end 97.4 new text begin worker's license, degree, professional certifications, affiliations, or other professional new text end 97.5 new text begin qualifications in any oral or written communications to clients, potential clients, or other new text end 97.6 new text begin persons or organizations. A social worker must take reasonable steps to prevent such new text end 97.7 new text begin misrepresentations by other social workers. new text end 97.8     new text begin (c) A social worker must not hold out as a person licensed as a social worker without new text end 97.9 new text begin having a social work license according to sections new text end new text begin and new text end new text begin . new text end 97.10     new text begin (d) A social worker must not misrepresent directly or by implication (1) affiliations new text end 97.11 new text begin with institutions or organizations, or (2) purposes or characteristics of institutions or new text end 97.12 new text begin organizations with which the social worker is or has been affiliated. new text end 97.13    Sec. 104. new text begin [148E.200] COMPETENCE. new text end 97.14     new text begin Subdivision 1. new text end new text begin Competence. new text end new text begin (a) A social worker must provide services and hold new text end 97.15 new text begin out as competent only to the extent the social worker's education, training, license, new text end 97.16 new text begin consultation received, supervision experience, or other relevant professional experience new text end 97.17 new text begin demonstrate competence in the services provided. A social worker must make a referral new text end 97.18 new text begin to a competent professional when the services required are beyond the social worker's new text end 97.19 new text begin competence or authorized scope of practice. new text end 97.20     new text begin (b) When generally recognized standards do not exist with respect to an emerging new text end 97.21 new text begin area of practice, including but not limited to providing social work services through new text end 97.22 new text begin electronic means, a social worker must take the steps necessary, such as consultation or new text end 97.23 new text begin supervision, to ensure the competence of the social worker's work and to protect clients new text end 97.24 new text begin from harm. new text end 97.25     new text begin Subd. 2. new text end new text begin Supervision or consultation. new text end new text begin Notwithstanding the completion of new text end 97.26 new text begin supervision requirements as specified in sections new text end new text begin to new text end new text begin , a social worker new text end 97.27 new text begin must obtain supervision or engage in consultation when appropriate or necessary for new text end 97.28 new text begin competent and ethical practice. new text end 97.29     new text begin Subd. 3. new text end new text begin Delegation of social work responsibilities. new text end new text begin (a) A social worker must not new text end 97.30 new text begin delegate a social work responsibility to another individual when the social worker knows new text end 97.31 new text begin or reasonably should know that the individual is not licensed when required to be licensed new text end 97.32 new text begin according to sections new text end new text begin and new text end new text begin . new text end 97.33     new text begin (b) A social worker must not delegate a social work responsibility to another new text end 97.34 new text begin individual when the social worker knows or reasonably should know that the individual is new text end 97.35 new text begin not competent to assume the responsibility or perform the task. new text end 98.1    Sec. 105. new text begin [148E.205] IMPAIRMENT. new text end 98.2     new text begin Subdivision 1. new text end new text begin Grounds for action. new text end new text begin The board has grounds to take action under new text end 98.3 new text begin sections new text end new text begin to new text end new text begin when a social worker is unable to practice with reasonable new text end 98.4 new text begin skill and safety by reason of illness, use of alcohol, drugs, chemicals, or any other new text end 98.5 new text begin materials, or as a result of any mental, physical, or psychological condition. new text end 98.6     new text begin Subd. 2. new text end new text begin Self-reporting. new text end new text begin A social worker regulated by the board who is unable new text end 98.7 new text begin to practice with reasonable skill and safety by reason of illness, use of alcohol, drugs, new text end 98.8 new text begin chemicals, or any other materials, or as a result of any mental, physical, or psychological new text end 98.9 new text begin condition, must report to the board or the health professionals services program. new text end 98.10    Sec. 106. new text begin [148E.210] PROFESSIONAL AND ETHICAL CONDUCT. new text end 98.11     new text begin The board has grounds to take action under sections new text end new text begin to new text end new text begin when a new text end 98.12 new text begin social worker: new text end 98.13     new text begin (1) engages in unprofessional or unethical conduct, including any departure from new text end 98.14 new text begin or failure to conform to the minimum accepted ethical and other prevailing standards of new text end 98.15 new text begin professional social work practice, without actual injury to a social work client, intern, new text end 98.16 new text begin student, supervisee, or the public needing to be established; new text end 98.17     new text begin (2) engages in conduct that has the potential to cause harm to a client, intern, new text end 98.18 new text begin student, supervisee, or the public; new text end 98.19     new text begin (3) demonstrates a willful or careless disregard for the health, welfare, or safety of new text end 98.20 new text begin a client, intern, student, or supervisee; or new text end 98.21     new text begin (4) engages in acts or conduct adversely affecting the applicant or licensee's current new text end 98.22 new text begin ability or fitness to engage in social work practice, whether or not the acts or conduct new text end 98.23 new text begin occurred while engaged in the practice of social work. new text end 98.24    Sec. 107. new text begin [148E.215] RESPONSIBILITIES TO CLIENTS. new text end 98.25     new text begin Subdivision 1. new text end new text begin Responsibility to clients. new text end new text begin A social worker's primary professional new text end 98.26 new text begin responsibility is to the client. A social worker must respect the client's interests, including new text end 98.27 new text begin the interest in self-determination, except when required to do otherwise by law. new text end 98.28     new text begin Subd. 2. new text end new text begin Nondiscrimination. new text end new text begin A social worker must not discriminate against new text end 98.29 new text begin a client, intern, student, or supervisee or in providing services to a client, intern, or new text end 98.30 new text begin supervisee on the basis of age, gender, sexual orientation, race, color, national origin, new text end 98.31 new text begin religion, illness, disability, political affiliation, or social or economic status. new text end 98.32     new text begin Subd. 3. new text end new text begin Research. new text end new text begin When undertaking research activities, a social worker must new text end 98.33 new text begin use accepted protocols for the protection of human subjects, including (1) establishing new text end 99.1 new text begin appropriate safeguards to protect the subject's vulnerability, and (2) obtaining the subjects' new text end 99.2 new text begin informed consent. new text end 99.3    Sec. 108. new text begin [148E.220] RELATIONSHIPS WITH CLIENTS, FORMER CLIENTS, new text end 99.4 new text begin AND OTHERS. new text end 99.5     new text begin Subdivision 1. new text end new text begin Social worker responsibility. new text end new text begin (a) A social worker is responsible for new text end 99.6 new text begin acting professionally in relationships with clients or former clients. A client or a former new text end 99.7 new text begin client's initiation of, or attempt to engage in, or request to engage in, a personal, sexual, or new text end 99.8 new text begin business relationship is not a defense to a violation of this section. new text end 99.9     new text begin (b) When a relationship is permitted by this section, social workers who engage in new text end 99.10 new text begin such a relationship assume the full burden of demonstrating that the relationship will not new text end 99.11 new text begin be detrimental to the client or the professional relationship. new text end 99.12     new text begin Subd. 2. new text end new text begin Professional boundaries. new text end new text begin A social worker must maintain appropriate new text end 99.13 new text begin professional boundaries with a client. A social worker must not engage in practices with new text end 99.14 new text begin clients that create an unacceptable risk of client harm or of impairing a social worker's new text end 99.15 new text begin objectivity or professional judgment. A social worker must not act or fail to act in a way new text end 99.16 new text begin that, as judged by a reasonable and prudent social worker, inappropriately encourages new text end 99.17 new text begin the client to relate to the social worker outside of the boundaries of the professional new text end 99.18 new text begin relationship, or in a way that interferes with the client's ability to benefit from social work new text end 99.19 new text begin services from the social worker. new text end 99.20     new text begin Subd. 3. new text end new text begin Misuse of professional relationship. new text end new text begin A social worker must not use the new text end 99.21 new text begin professional relationship with a client, student, supervisee, or intern to further the social new text end 99.22 new text begin worker's personal, emotional, financial, sexual, religious, political, or business benefit or new text end 99.23 new text begin interests. new text end 99.24     new text begin Subd. 4. new text end new text begin Improper termination. new text end new text begin A social worker must not terminate a professional new text end 99.25 new text begin relationship for the purpose of beginning a personal, sexual, or business relationship new text end 99.26 new text begin with a client. new text end 99.27     new text begin Subd. 5. new text end new text begin Personal relationship with a client. new text end new text begin (a) Except as provided in paragraph new text end 99.28 new text begin (b), a social worker must not engage in a personal relationship with a client that creates a new text end 99.29 new text begin risk of client harm or of impairing a social worker's objectivity or professional judgment. new text end 99.30     new text begin (b) Notwithstanding paragraph (a), if a social worker is unable to avoid a personal new text end 99.31 new text begin relationship with a client, the social worker must take appropriate precautions, such as new text end 99.32 new text begin consultation or supervision, to address the potential for risk of client harm or of impairing new text end 99.33 new text begin a social worker's objectivity or professional judgment. new text end 100.1     new text begin Subd. 6. new text end new text begin Personal relationship with a former client. new text end new text begin A social worker may new text end 100.2 new text begin engage in a personal relationship with a former client after appropriate termination of the new text end 100.3 new text begin professional relationship, except: new text end 100.4     new text begin (1) as prohibited by subdivision 8; or new text end 100.5     new text begin (2) if a reasonable and prudent social worker would conclude after appropriate new text end 100.6 new text begin assessment that (i) the former client is emotionally dependent on the social worker or new text end 100.7 new text begin continues to relate to the social worker as a client, or (ii) the social worker is emotionally new text end 100.8 new text begin dependent on the client or continues to relate to the former client as a social worker. new text end 100.9     new text begin Subd. 7. new text end new text begin Sexual conduct with a client. new text end new text begin A social worker must not engage in or new text end 100.10 new text begin suggest sexual conduct with a client. new text end 100.11     new text begin Subd. 8. new text end new text begin Sexual conduct with a former client. new text end new text begin (a) A social worker who has new text end 100.12 new text begin engaged in diagnosing, counseling, or treating a client with mental, emotional, or new text end 100.13 new text begin behavioral disorders must not engage in or suggest sexual conduct with the former client new text end 100.14 new text begin under any circumstances for a period of two years following the termination of the new text end 100.15 new text begin professional relationship. After two years following the termination of the professional new text end 100.16 new text begin relationship, a social worker who has engaged in diagnosing, counseling, or treating new text end 100.17 new text begin a client with a mental, emotional, or behavioral disorder must not engage in or suggest new text end 100.18 new text begin sexual conduct with the former client under any circumstances unless: new text end 100.19     new text begin (1) the social worker did not intentionally or unintentionally coerce, exploit, deceive, new text end 100.20 new text begin or manipulate the former client at any time; new text end 100.21     new text begin (2) the social worker did not represent to the former client that sexual conduct with new text end 100.22 new text begin the social worker is consistent with or part of the client's treatment; new text end 100.23     new text begin (3) the social worker's sexual conduct was not detrimental to the former client at new text end 100.24 new text begin any time; new text end 100.25     new text begin (4) the former client is not emotionally dependent on the social worker and does new text end 100.26 new text begin not continue to relate to the social worker as a client; and new text end 100.27     new text begin (5) the social worker is not emotionally dependent on the client and does not new text end 100.28 new text begin continue to relate to the former client as a social worker. new text end 100.29     new text begin (b) If there is an alleged violation of paragraph (a), the social worker assumes the new text end 100.30 new text begin full burden of demonstrating to the board that the social worker did not intentionally or new text end 100.31 new text begin unintentionally coerce, exploit, deceive, or manipulate the client, and the social worker's new text end 100.32 new text begin sexual conduct was not detrimental to the client at any time. Upon request, a social worker new text end 100.33 new text begin must provide information to the board addressing: new text end 100.34     new text begin (1) the amount of time that has passed since termination of services; new text end 100.35     new text begin (2) the duration, intensity, and nature of services; new text end 100.36     new text begin (3) the circumstances of termination of services; new text end 101.1     new text begin (4) the former client's emotional, mental, and behavioral history; new text end 101.2     new text begin (5) the former client's current emotional, mental, and behavioral status; new text end 101.3     new text begin (6) the likelihood of adverse impact on the former client; and new text end 101.4     new text begin (7) the existence of actions, conduct, or statements made by the social worker during new text end 101.5 new text begin the course of services suggesting or inviting the possibility of a sexual relationship with new text end 101.6 new text begin the client following termination of services. new text end 101.7     new text begin (c) A social worker who has provided social work services other than those new text end 101.8 new text begin described in paragraph (a) to a client must not engage in or suggest sexual conduct new text end 101.9 new text begin with the former client if a reasonable and prudent social worker would conclude after new text end 101.10 new text begin appropriate assessment that engaging in such behavior with the former client would create new text end 101.11 new text begin an unacceptable risk of harm to the former client. new text end 101.12     new text begin Subd. 9. new text end new text begin Sexual conduct with student, supervisee, or intern. new text end new text begin (a) A social worker new text end 101.13 new text begin must not engage in or suggest sexual conduct with a student while the social worker has new text end 101.14 new text begin authority over any part of the student's academic program. new text end 101.15     new text begin (b) A social worker supervising an intern must not engage in or suggest sexual new text end 101.16 new text begin conduct with the intern during the course of the internship. new text end 101.17     new text begin (c) A social worker practicing social work as a supervisor must not engage in or new text end 101.18 new text begin suggest sexual conduct with a supervisee during the period of supervision. new text end 101.19     new text begin Subd. 10. new text end new text begin Sexual harassment. new text end new text begin A social worker must not engage in any physical, new text end 101.20 new text begin oral, written, or electronic behavior that a client, former client, student, supervisee, or new text end 101.21 new text begin intern may reasonably interpret as sexually harassing or sexually demeaning. new text end 101.22     new text begin Subd. 11. new text end new text begin Business relationship with client. new text end new text begin A social worker must not purchase new text end 101.23 new text begin goods or services from a client or otherwise engage in a business relationship with a new text end 101.24 new text begin client except when: new text end 101.25     new text begin (1) a social worker purchases goods or services from the client and a reasonable and new text end 101.26 new text begin prudent social worker would determine that it is not practical or reasonable to obtain the new text end 101.27 new text begin goods or services from another provider; and new text end 101.28     new text begin (2) engaging in the business relationship will not be detrimental to the client or the new text end 101.29 new text begin professional relationship. new text end 101.30     new text begin Subd. 12. new text end new text begin Business relationship with former client. new text end new text begin A social worker may purchase new text end 101.31 new text begin goods or services from a former client or otherwise engage in a business relationship with new text end 101.32 new text begin a former client after appropriate termination of the professional relationship unless a new text end 101.33 new text begin reasonable and prudent social worker would conclude after appropriate assessment that: new text end 101.34     new text begin (1) the former client is emotionally dependent on the social worker and purchasing new text end 101.35 new text begin goods or services from the former client or otherwise engaging in a business relationship new text end 101.36 new text begin with the former client would be detrimental to the former client; or new text end 102.1     new text begin (2) the social worker is emotionally dependent on the former client and purchasing new text end 102.2 new text begin goods or services from the former client or otherwise engaging in a business relationship new text end 102.3 new text begin with the former client would be detrimental to the former client. new text end 102.4     new text begin Subd. 13. new text end new text begin Previous sexual, personal, or business relationship. new text end new text begin (a) A social worker new text end 102.5 new text begin must not engage in a social worker/client relationship with an individual with whom the new text end 102.6 new text begin social worker had a previous sexual relationship. new text end 102.7     new text begin (b) A social worker must not engage in a social worker/client relationship with an new text end 102.8 new text begin individual with whom the social worker had a previous personal or business relationship if new text end 102.9 new text begin a reasonable and prudent social worker would conclude after appropriate assessment that new text end 102.10 new text begin the social worker/client relationship would create an unacceptable risk of client harm or new text end 102.11 new text begin that the social worker's objectivity or professional judgment may be impaired. new text end 102.12     new text begin Subd. 14. new text end new text begin Giving alcohol or other drugs to client. new text end new text begin (a) Unless authorized by law, a new text end 102.13 new text begin social worker must not offer medication or controlled substances to a client. new text end 102.14     new text begin (b) A social worker must not accept medication or controlled substances from new text end 102.15 new text begin a client, except that if authorized by law, a social worker may accept medication or new text end 102.16 new text begin controlled substances from a client for purposes of disposal or to monitor use. new text end 102.17     new text begin (c) A social worker must not offer alcoholic beverages to a client except when new text end 102.18 new text begin the offer is authorized or prescribed by a physician or is offered according to a client's new text end 102.19 new text begin care plan. new text end 102.20     new text begin (d) A social worker must not accept alcoholic beverages from a client. new text end 102.21     new text begin Subd. 15. new text end new text begin Relationship with client's family or household member. new text end new text begin Subdivisions new text end 102.22 new text begin 1 to 14 apply to a social worker's relationship with a client's family or household member new text end 102.23 new text begin when a reasonable and prudent social worker would conclude after appropriate assessment new text end 102.24 new text begin that a relationship with a family or household member would create an unacceptable new text end 102.25 new text begin risk of harm to the client. new text end 102.26    Sec. 109. new text begin [148E.225] TREATMENT AND INTERVENTION SERVICES. new text end 102.27     new text begin Subdivision 1. new text end new text begin Assessment or diagnosis. new text end new text begin A social worker must base treatment and new text end 102.28 new text begin intervention services on an assessment or diagnosis. A social worker must evaluate, on an new text end 102.29 new text begin ongoing basis, the appropriateness of the assessment or diagnosis. new text end 102.30     new text begin Subd. 2. new text end new text begin Assessment or diagnostic instruments. new text end new text begin A social worker must not use new text end 102.31 new text begin an assessment or diagnostic instrument without adequate training. A social worker new text end 102.32 new text begin must follow standards and accepted procedures for using an assessment or diagnostic new text end 102.33 new text begin instrument. A social worker must inform a client of the purpose before administering the new text end 102.34 new text begin instrument and must make the results available to the client. new text end 103.1     new text begin Subd. 3. new text end new text begin Plan for services. new text end new text begin A social worker must develop a plan for services that new text end 103.2 new text begin includes goals based on the assessment or diagnosis. A social worker must evaluate, on an new text end 103.3 new text begin ongoing basis, the appropriateness of the plan and the client's progress toward the goals. new text end 103.4     new text begin Subd. 4. new text end new text begin Records. new text end new text begin (a) A social worker must make and maintain current and new text end 103.5 new text begin accurate records, appropriate to the circumstances, of all services provided to a client. At new text end 103.6 new text begin a minimum, the records must contain documentation of: new text end 103.7     new text begin (1) the assessment or diagnosis; new text end 103.8     new text begin (2) the content of the service plan; new text end 103.9     new text begin (3) progress with the plan and any revisions of assessment, diagnosis, or plan; new text end 103.10     new text begin (4) any fees charged and payments made; new text end 103.11     new text begin (5) copies of all client-written authorizations for release of information; and new text end 103.12     new text begin (6) other information necessary to provide appropriate services. new text end 103.13     new text begin (b) These records must be maintained by the social worker for at least seven years new text end 103.14 new text begin after the last date of service to the client. Social workers who are employed by an agency new text end 103.15 new text begin or other entity are not required to: new text end 103.16     new text begin (1) maintain personal or separate records; or new text end 103.17     new text begin (2) personally retain records at the conclusion of their employment. new text end 103.18     new text begin Subd. 5. new text end new text begin Termination of services. new text end new text begin A social worker must terminate a professional new text end 103.19 new text begin relationship with a client when the social worker reasonably determines that the client new text end 103.20 new text begin is not likely to benefit from continued services or the services are no longer needed, new text end 103.21 new text begin unless the social worker is required by law to provide services. A social worker who new text end 103.22 new text begin anticipates terminating services must give reasonable notice to the client in a manner that new text end 103.23 new text begin is appropriate to the needs of the client. The social worker must provide appropriate new text end 103.24 new text begin referrals as needed or upon request of the client. new text end 103.25    Sec. 110. new text begin [148E.230] CONFIDENTIALITY AND RECORDS. new text end 103.26     new text begin Subdivision 1. new text end new text begin Informed consent. new text end new text begin (a) A social worker must obtain valid, informed new text end 103.27 new text begin consent, appropriate to the circumstances, before providing services to clients. When new text end 103.28 new text begin obtaining informed consent, the social worker must determine whether the client has the new text end 103.29 new text begin capacity to provide informed consent. If the client does not have the capacity to provide new text end 103.30 new text begin consent, the social worker must obtain consent for the services from the client's legal new text end 103.31 new text begin representative. The social worker must not provide services, unless authorized or required new text end 103.32 new text begin by law, if the client or the client's legal representative does not consent to the services. new text end 103.33     new text begin (b) If a social worker determines that a client does not have the capacity to provide new text end 103.34 new text begin consent, and the client does not have a legal representative, the social worker: new text end 104.1     new text begin (1) must, except as provided in clause (2), secure a legal representative for a client new text end 104.2 new text begin before providing services; or new text end 104.3     new text begin (2) may, notwithstanding clause (1), provide services, except when prohibited by new text end 104.4 new text begin other applicable law, that are necessary to ensure the client's safety or to preserve the new text end 104.5 new text begin client's property or financial resources. new text end 104.6     new text begin (c) A social worker must use clear and understandable language, including using an new text end 104.7 new text begin interpreter proficient in the client's primary language as necessary, to inform clients of new text end 104.8 new text begin the plan of services, risks related to the plan, limits to services, relevant costs, terms of new text end 104.9 new text begin payment, reasonable alternatives, the client's right to refuse or withdraw consent, and the new text end 104.10 new text begin time frame covered by the consent. new text end 104.11     new text begin Subd. 2. new text end new text begin Mandatory reporting and disclosure of client information. new text end new text begin At the new text end 104.12 new text begin beginning of a professional relationship and during the professional relationship as new text end 104.13 new text begin necessary and appropriate, a social worker must inform the client of those circumstances new text end 104.14 new text begin under which the social worker may be required to disclose client information specified in new text end 104.15 new text begin subdivision 3, paragraph (a), without the client's consent. new text end 104.16     new text begin Subd. 3. new text end new text begin Confidentiality of client information. new text end new text begin (a) A social worker must ensure the new text end 104.17 new text begin confidentiality of all client information obtained in the course of the social worker/client new text end 104.18 new text begin relationship and all client information otherwise obtained by the social worker that is new text end 104.19 new text begin relevant to the social worker/client relationship. Except as provided in this section, new text end 104.20 new text begin client information may be disclosed or released only with the client's or the client's legal new text end 104.21 new text begin representative's valid informed consent, appropriate to the circumstances, except when new text end 104.22 new text begin otherwise required by law. A social worker must seek consent to disclose or release new text end 104.23 new text begin client information only when such disclosure or release is necessary to provide social new text end 104.24 new text begin work services. new text end 104.25     new text begin (b) A social worker must continue to maintain confidentiality of the client new text end 104.26 new text begin information specified in paragraph (a) upon termination of the professional relationship new text end 104.27 new text begin including upon the death of the client, except as provided under this section or other new text end 104.28 new text begin applicable law. new text end 104.29     new text begin (c) A social worker must limit access to the client information specified in paragraph new text end 104.30 new text begin (a) in a social worker's agency to appropriate agency staff whose duties require access. new text end 104.31     new text begin Subd. 4. new text end new text begin Release of client information with written informed consent. new text end new text begin (a) Except new text end 104.32 new text begin as provided in subdivision 5, client information specified in subdivision 3, paragraph (a), new text end 104.33 new text begin may be released only with the client's or the client's legal representative's written informed new text end 104.34 new text begin consent. The written informed consent must: new text end 104.35     new text begin (1) explain to whom the client's records may be released; new text end 104.36     new text begin (2) explain the purpose for the release; and new text end 105.1     new text begin (3) state an expiration date for the authorized release of the records. new text end 105.2     new text begin (b) A social worker may provide client information specified in subdivision 3, new text end 105.3 new text begin paragraph (a), to a third party for the purpose of payment for services rendered only new text end 105.4 new text begin with the client's written informed consent. new text end 105.5     new text begin (c) Except as provided in subdivision 5, a social worker may disclose client new text end 105.6 new text begin information specified in subdivision 3, paragraph (a), only with the client's or the client's new text end 105.7 new text begin legal representative's written informed consent. When it is not practical to obtain written new text end 105.8 new text begin informed consent before providing necessary services, a social worker may disclose new text end 105.9 new text begin or release client information with the client's or the client's legal representative's oral new text end 105.10 new text begin informed consent. new text end 105.11     new text begin (d) Unless otherwise authorized by law, a social worker must obtain a client's written new text end 105.12 new text begin informed consent before taking a photograph of the client or making an audio or video new text end 105.13 new text begin recording of the client, or allowing a third party to do the same. The written informed new text end 105.14 new text begin consent must explain: new text end 105.15     new text begin (1) the purpose of the photograph or the recording and how the photograph or new text end 105.16 new text begin recording will be used, how it will be stored, and when it will be destroyed; and new text end 105.17     new text begin (2) how the client may have access to the photograph or recording. new text end 105.18     new text begin Subd. 5. new text end new text begin Release of client information without written informed consent. new text end new text begin (a) A new text end 105.19 new text begin social worker may disclose client information specified in subdivision 3, paragraph (a), new text end 105.20 new text begin without the written consent of the client or the client's legal representative only under the new text end 105.21 new text begin following circumstances or under the circumstances described in paragraph (b): new text end 105.22     new text begin (1) when mandated or authorized by federal or state law, including the mandatory new text end 105.23 new text begin reporting requirements under the duty to warn, maltreatment of minors, and vulnerable new text end 105.24 new text begin adult laws specified in section new text end new text begin 148E.240, subdivisions 6 to 8 new text end new text begin ; new text end 105.25     new text begin (2) when the board issues a subpoena to the social worker; or new text end 105.26     new text begin (3) when a court of competent jurisdiction orders release of the client records new text end 105.27 new text begin or information. new text end 105.28     new text begin (b) When providing services authorized or required by law to a client who does new text end 105.29 new text begin not have the capacity to provide consent and who does not have a legal representative, new text end 105.30 new text begin a social worker must disclose or release client records or information as necessary to new text end 105.31 new text begin provide services to ensure the client's safety or to preserve the client's property or financial new text end 105.32 new text begin resources. new text end 105.33     new text begin Subd. 6. new text end new text begin Release of client records or information. new text end new text begin When releasing client records new text end 105.34 new text begin or information under this section, a social worker must release current, accurate, and new text end 105.35 new text begin complete records or information. new text end 106.1    Sec. 111. new text begin [148E.235] FEES AND BILLING PRACTICES. new text end 106.2     new text begin Subdivision 1. new text end new text begin Fees and payments. new text end new text begin (a) A social worker must ensure that a client or new text end 106.3 new text begin a client's legal representative is informed of all fees at the initial session or meeting with new text end 106.4 new text begin the client, and that payment for services is arranged with the client or the client's legal new text end 106.5 new text begin representative at the beginning of the professional relationship. Upon request from a client new text end 106.6 new text begin or a client's legal representative, a social worker must provide in a timely manner a written new text end 106.7 new text begin payment plan or a written explanation of the charges for any services rendered. new text end 106.8     new text begin (b) When providing services authorized or required by law to a client who does not new text end 106.9 new text begin have the capacity to provide consent and who does not have a legal representative, a social new text end 106.10 new text begin worker may submit reasonable bills to an appropriate payer for services provided. new text end 106.11     new text begin Subd. 2. new text end new text begin Billing for services not provided. new text end new text begin A social worker must not bill for new text end 106.12 new text begin services that have not been provided except that, with prior notice to the client, a social new text end 106.13 new text begin worker may bill for failed appointments or for cancellations without sufficient notice. A new text end 106.14 new text begin social worker may bill only for provided services which are necessary and appropriate. new text end 106.15 new text begin Financial responsibility for failed appointment billings resides solely with the client and new text end 106.16 new text begin such costs may not be billed to public or private payers. new text end 106.17     new text begin Subd. 3. new text end new text begin No payment for referrals. new text end new text begin A social worker must not accept or give a new text end 106.18 new text begin commission, rebate, or other form of remuneration solely or primarily to profit from the new text end 106.19 new text begin referral of a client. new text end 106.20     new text begin Subd. 4. new text end new text begin Fees and billing practices. new text end new text begin A social worker must not engage in improper new text end 106.21 new text begin or fraudulent billing practices, including, but not limited to, violations of the federal new text end 106.22 new text begin Medicare and Medicaid laws or state medical assistance laws. new text end 106.23    Sec. 112. new text begin [148E.240] REPORTING REQUIREMENTS. new text end 106.24     new text begin Subdivision 1. new text end new text begin Failure to self-report adverse actions. new text end new text begin The board has grounds to new text end 106.25 new text begin take action under sections new text end new text begin to new text end new text begin when a social worker fails to report to new text end 106.26 new text begin the board within 90 days: new text end 106.27     new text begin (1) having been disciplined, sanctioned, or found to have violated a state, territorial, new text end 106.28 new text begin provincial, or foreign licensing agency's laws or rules; new text end 106.29     new text begin (2) having been convicted of committing a felony, gross misdemeanor, or new text end 106.30 new text begin misdemeanor reasonably related to the practice of social work; new text end 106.31     new text begin (3) having had a finding or verdict of guilt, whether or not the adjudication of guilt new text end 106.32 new text begin is withheld or not entered, of committing a felony, gross misdemeanor, or misdemeanor new text end 106.33 new text begin reasonably related to the practice of social work; new text end 107.1     new text begin (4) having admitted to committing, or entering a no contest plea to committing, a new text end 107.2 new text begin felony, gross misdemeanor, or misdemeanor reasonably related to the practice of social new text end 107.3 new text begin work; or new text end 107.4     new text begin (5) having been denied licensure by a state, territorial, provincial, or foreign new text end 107.5 new text begin licensing agency. new text end 107.6     new text begin Subd. 2. new text end new text begin Failure to submit application information. new text end new text begin The board has grounds to new text end 107.7 new text begin take action under sections new text end new text begin to new text end new text begin when an applicant or licensee fails to new text end 107.8 new text begin submit with an application the following information: new text end 107.9     new text begin (1) the dates and dispositions of any malpractice settlements or awards made relating new text end 107.10 new text begin to the social work services provided by the applicant or licensee; or new text end 107.11     new text begin (2) the dates and dispositions of any civil litigations or arbitrations relating to the new text end 107.12 new text begin social work services provided by the applicant or licensee. new text end 107.13     new text begin Subd. 3. new text end new text begin Reporting other licensed health professionals. new text end new text begin An applicant or licensee new text end 107.14 new text begin must report to the appropriate health-related licensing board conduct by a licensed health new text end 107.15 new text begin professional which would constitute grounds for disciplinary action under the statutes new text end 107.16 new text begin and rules enforced by that board. new text end 107.17     new text begin Subd. 4. new text end new text begin Reporting unlicensed practice. new text end new text begin An applicant or licensee must report new text end 107.18 new text begin to the board conduct by an unlicensed person which constitutes the practice of social new text end 107.19 new text begin work, as defined in section new text end new text begin , except when the unlicensed person is exempt from new text end 107.20 new text begin licensure according to section new text end new text begin . new text end 107.21     new text begin Subd. 5. new text end new text begin Failure to report other applicants or licensees; unlicensed practice. new text end 107.22     new text begin The board has grounds to take action under sections new text end new text begin to new text end new text begin when an new text end 107.23 new text begin applicant or licensee fails to report to the board conduct: new text end 107.24     new text begin (1) by another licensee or applicant which the applicant or licensee has reason to new text end 107.25 new text begin believe may reasonably constitute grounds for disciplinary action under this section; or new text end 107.26     new text begin (2) by an unlicensed person that constitutes the practice of social work when a new text end 107.27 new text begin license is required to practice social work. new text end 107.28     new text begin Subd. 6. new text end new text begin Duty to warn. new text end new text begin A licensee must comply with the duty to warn established new text end 107.29 new text begin by section new text end new text begin . new text end 107.30     new text begin Subd. 7. new text end new text begin Reporting maltreatment of minors. new text end new text begin An applicant or licensee must new text end 107.31 new text begin comply with the reporting of maltreatment of minors established by section new text end new text begin . new text end 107.32     new text begin Subd. 8. new text end new text begin Reporting maltreatment of vulnerable adults. new text end new text begin An applicant or licensee new text end 107.33 new text begin must comply with the reporting of maltreatment of vulnerable adults established by new text end 107.34 new text begin section new text end new text begin . new text end 108.1     new text begin Subd. 9. new text end new text begin Subpoenas. new text end new text begin The board may issue subpoenas according to section new text end 108.2 new text begin and chapter 214 for the production of any reports required by this section or new text end 108.3 new text begin any related documents. new text end 108.4    Sec. 113. new text begin [148E.245] INVESTIGATIVE POWERS AND PROCEDURES. new text end 108.5     new text begin Subdivision 1. new text end new text begin Subpoenas. new text end new text begin (a) The board may issue subpoenas and compel the new text end 108.6 new text begin attendance of witnesses and the production of all necessary papers, books, records, new text end 108.7 new text begin documents, and other evidentiary material as part of its investigation of an applicant or new text end 108.8 new text begin licensee under this section or chapter 214. new text end 108.9     new text begin (b) If any person fails or refuses to appear or testify regarding any matter about which new text end 108.10 new text begin the person may be lawfully questioned, or fails or refuses to produce any papers, books, new text end 108.11 new text begin records, documents, or other evidentiary materials in the matter to be heard, after having new text end 108.12 new text begin been required by order of the board or by a subpoena of the board to do so, the board may new text end 108.13 new text begin institute a proceeding in any district court to enforce the board's order or subpoena. new text end 108.14     new text begin (c) The board or a designated member of the board acting on behalf of the board new text end 108.15 new text begin may issue subpoenas or administer oaths to witnesses or take affirmations. Depositions new text end 108.16 new text begin may be taken within or out of the state in the manner provided by law for the taking of new text end 108.17 new text begin depositions in civil actions. new text end 108.18     new text begin (d) A subpoena or other process or paper may be served upon any person named new text end 108.19 new text begin therein, by mail or by any officer authorized to serve subpoenas or other process or paper new text end 108.20 new text begin in civil actions, with the same fees and mileage and in the same manner as prescribed by new text end 108.21 new text begin law for service of process issued out of the district court of this state. new text end 108.22     new text begin (e) Fees, mileage, and other costs must be paid as the board directs. new text end 108.23     new text begin Subd. 2. new text end new text begin Classification of data. new text end new text begin (a) Any records obtained as part of an investigation new text end 108.24 new text begin must be treated as investigative data under section new text end new text begin and be classified as confidential new text end 108.25 new text begin data. new text end 108.26     new text begin (b) Notwithstanding paragraph (a), client records must be treated as private data new text end 108.27 new text begin under chapter 13. Client records must be protected as private data in the records of the new text end 108.28 new text begin board and in administrative or judicial proceedings unless the client authorizes the board new text end 108.29 new text begin in writing to make public the identity of the client or a portion or all of the client's records. new text end 108.30     new text begin Subd. 3. new text end new text begin Mental or physical examination; chemical dependency evaluation. new text end new text begin (a) new text end 108.31 new text begin If the board (1) has probable cause to believe that an applicant or licensee has violated new text end 108.32 new text begin a statute or rule enforced by the board or an order issued by the board; and (2) believes new text end 108.33 new text begin the applicant may have a health-related condition relevant to the violation, the board may new text end 108.34 new text begin issue an order directing the applicant or licensee to submit to one or more of the following: new text end 108.35 new text begin a mental examination, a physical examination, or a chemical dependency evaluation. new text end 109.1     new text begin (b) An examination or evaluation order issued by the board must include: new text end 109.2     new text begin (1) factual specifications on which the order is based; new text end 109.3     new text begin (2) the purpose of the examination or evaluation; new text end 109.4     new text begin (3) the name of the person or entity that will conduct the examination or evaluation; new text end 109.5 new text begin and new text end 109.6     new text begin (4) the means by which the examination or evaluation will be paid for. new text end 109.7     new text begin (c) Every applicant or licensee must submit to a mental examination, a physical new text end 109.8 new text begin examination, or a chemical dependency evaluation when ordered to do so in writing new text end 109.9 new text begin by the board. new text end 109.10     new text begin (d) By submitting to a mental examination, a physical examination, or a chemical new text end 109.11 new text begin dependency evaluation, an applicant or licensee waives all objections to the admissibility new text end 109.12 new text begin of the examiner or evaluator's testimony or reports on the grounds that the testimony or new text end 109.13 new text begin reports constitute a privileged communication. new text end 109.14     new text begin Subd. 4. new text end new text begin Failure to submit to an examination. new text end new text begin (a) If an applicant or licensee fails new text end 109.15 new text begin to submit to an examination or evaluation ordered by the board according to subdivision 3, new text end 109.16 new text begin unless the failure was due to circumstances beyond the control of the applicant or licensee, new text end 109.17 new text begin the failure is an admission that the applicant or licensee violated a statute or rule enforced new text end 109.18 new text begin by the board as specified in the examination or evaluation order issued by the board. new text end 109.19 new text begin The failure may result in an application being denied or other adversarial, corrective, or new text end 109.20 new text begin disciplinary action being taken by the board without a contested case hearing. new text end 109.21     new text begin (b) If an applicant or licensee requests a contested case hearing after the board new text end 109.22 new text begin denies an application or takes other disciplinary or adversarial action, the only issues new text end 109.23 new text begin which may be determined at the hearing are: new text end 109.24     new text begin (1) whether the board had probable cause to issue the examination or evaluation new text end 109.25 new text begin order; and new text end 109.26     new text begin (2) whether the failure to submit to the examination or evaluation was due to new text end 109.27 new text begin circumstances beyond the control of the applicant or licensee. new text end 109.28     new text begin (c) Neither the record of a proceeding under this subdivision nor an order issued new text end 109.29 new text begin by the board may be admissible, subject to subpoena, or be used against the applicant or new text end 109.30 new text begin licensee in a proceeding in which the board is not a party or decision maker. new text end 109.31     new text begin (d) Information obtained under this subdivision must be treated as private data under new text end 109.32 new text begin chapter 13. An order issued by the board as the result of an applicant's or licensee's failure new text end 109.33 new text begin to submit to an examination or evaluation must be treated as public data under chapter 13. new text end 109.34     new text begin Subd. 5. new text end new text begin Access to data and records. new text end new text begin (a) In addition to ordering a physical or new text end 109.35 new text begin mental examination or chemical dependency evaluation, and notwithstanding section new text end 109.36 new text begin , new text end new text begin , new text end new text begin , or any other statute limiting access to health records, the board new text end 110.1 new text begin or a designated member of the board acting on behalf of the board may subpoena physical, new text end 110.2 new text begin mental, and chemical dependency health records relating to an applicant or licensee new text end 110.3 new text begin without the applicant's or licensee's consent if: new text end 110.4     new text begin (1) the board has probable cause to believe that the applicant or licensee has violated new text end 110.5 new text begin chapter 214, a statute or rule enforced by the board, or an order issued by the board; and new text end 110.6     new text begin (2) the board has reason to believe that the records are relevant and necessary to the new text end 110.7 new text begin investigation. new text end 110.8     new text begin (b) An applicant, licensee, insurance company, government agency, health care new text end 110.9 new text begin facility, or provider as defined in section new text end new text begin 144.335, subdivision 1 new text end new text begin , paragraph (b), must new text end 110.10 new text begin comply with any subpoena of the board under this subdivision and is not liable in new text end 110.11 new text begin any action for damages for releasing information subpoenaed by the board under this new text end 110.12 new text begin subdivision unless the information provided is false and the person or entity providing the new text end 110.13 new text begin information knew or had reason to know that the information was false. new text end 110.14     new text begin (c) Information on individuals obtained under this subdivision must be treated as new text end 110.15 new text begin investigative data under section new text end new text begin and be classified as confidential data. new text end 110.16     new text begin (d) If an applicant, licensee, person, or entity does not comply with any subpoena of new text end 110.17 new text begin the board under this subdivision, the board may institute a proceeding in any district court new text end 110.18 new text begin to enforce the board's subpoena. new text end 110.19     new text begin Subd. 6. new text end new text begin Evidence of past sexual conduct. new text end new text begin If, in a proceeding for taking action new text end 110.20 new text begin against an applicant or licensee under this section, the charges involve sexual contact with new text end 110.21 new text begin a client or former client, the board or administrative law judge must not consider evidence new text end 110.22 new text begin of the client's or former client's previous sexual conduct. Reference to the client's or new text end 110.23 new text begin former client's previous sexual conduct must not be made during the proceedings or in the new text end 110.24 new text begin findings, except by motion of the complainant, unless the evidence would be admissible new text end 110.25 new text begin under the applicable provisions of section new text end new text begin 609.347, subdivision 3 new text end new text begin . new text end 110.26     new text begin Subd. 7. new text end new text begin Investigations involving vulnerable adults or children in need of new text end 110.27 new text begin protection. new text end new text begin (a) Except as provided in paragraph (b), if the board receives a complaint new text end 110.28 new text begin about a social worker regarding the social worker's involvement in a case of vulnerable new text end 110.29 new text begin adults or children in need of protection, the county or other appropriate public authority new text end 110.30 new text begin may request that the board suspend its investigation, and the board must comply until such new text end 110.31 new text begin time as the court issues its findings on the case. new text end 110.32     new text begin (b) Notwithstanding paragraph (a), the board may continue with an investigation if new text end 110.33 new text begin the board determines that doing so is in the best interests of the vulnerable adult or a child new text end 110.34 new text begin in need of protection and is consistent with the board's obligation to protect the public. If new text end 110.35 new text begin the board chooses to continue an investigation, the board must notify the county or other new text end 110.36 new text begin appropriate public authority in writing and state its reasons for doing so. new text end 111.1     new text begin Subd. 8. new text end new text begin Notification of complainant. new text end new text begin (a) In no more than 14 calendar days after new text end 111.2 new text begin receiving a complaint regarding a licensee, the board must notify the complainant that the new text end 111.3 new text begin board has received the complaint. new text end 111.4     new text begin (b) The board must periodically notify the complainant of the status of the complaint. new text end 111.5     new text begin Subd. 9. new text end new text begin Notification of licensee. new text end new text begin (a) Except as provided in paragraph (b), in no new text end 111.6 new text begin more than 60 calendar days after receiving a complaint regarding a licensee, the board must new text end 111.7 new text begin notify the licensee that the board has received the complaint and inform the licensee of: new text end 111.8     new text begin (1) the substance of the complaint; new text end 111.9     new text begin (2) the sections of the law that allegedly have been violated; and new text end 111.10     new text begin (3) whether an investigation is being conducted. new text end 111.11     new text begin (b) Paragraph (a) does not apply if: new text end 111.12     new text begin (1) the board determines that such notice would compromise the board's investigation new text end 111.13 new text begin according to section new text end new text begin ; or new text end 111.14     new text begin (2) the board determines that such notice cannot reasonably be accomplished within new text end 111.15 new text begin this time. new text end 111.16     new text begin (c) The board must periodically notify the licensee of the status of the complaint. new text end 111.17     new text begin Subd. 10. new text end new text begin Resolution of complaints. new text end new text begin In no more than one year after receiving a new text end 111.18 new text begin complaint regarding a licensee, the board must resolve or dismiss the complaint unless new text end 111.19 new text begin the board determines that resolving or dismissing the complaint cannot reasonably be new text end 111.20 new text begin accomplished within this time. new text end 111.21    Sec. 114. new text begin [148E.250] OBLIGATION TO COOPERATE. new text end 111.22     new text begin Subdivision 1. new text end new text begin Obligation to cooperate. new text end new text begin An applicant or licensee who is the subject new text end 111.23 new text begin of an investigation, or who is questioned by or on behalf of the board in connection with new text end 111.24 new text begin an investigation, must cooperate fully with the investigation. Cooperation includes, but is new text end 111.25 new text begin not limited to: new text end 111.26     new text begin (1) responding fully and promptly to any question relating to the investigation; new text end 111.27     new text begin (2) as reasonably requested by the board, providing copies of client and other records new text end 111.28 new text begin in the applicant's or licensee's possession relating to the investigation; new text end 111.29     new text begin (3) executing release of records as reasonably requested by the board; and new text end 111.30     new text begin (4) appearing at conferences, hearings, or meetings scheduled by the board, as new text end 111.31 new text begin required in sections new text end new text begin to new text end new text begin and chapter 214. new text end 111.32     new text begin Subd. 2. new text end new text begin Investigation. new text end new text begin A social worker must not knowingly withhold relevant new text end 111.33 new text begin information, give false or misleading information, or do anything to obstruct an new text end 111.34 new text begin investigation of the social worker or another social worker by the board or by another state new text end 111.35 new text begin or federal regulatory or law enforcement authority. new text end 112.1     new text begin Subd. 3. new text end new text begin Payment for copies. new text end new text begin The board must pay for copies requested by the board. new text end 112.2     new text begin Subd. 4. new text end new text begin Access to client records. new text end new text begin Notwithstanding any law to the contrary, an new text end 112.3 new text begin applicant or licensee must allow the board access to any records of a client provided new text end 112.4 new text begin services by the applicant or licensee under investigation. If the client has not signed a new text end 112.5 new text begin consent permitting access to the client's records, the applicant or licensee must delete any new text end 112.6 new text begin data in the records that identifies the client before providing the records to the board. new text end 112.7     new text begin Subd. 5. new text end new text begin Classification of data. new text end new text begin Any records obtained according to this subdivision new text end 112.8 new text begin must be treated as investigative data according to section new text end new text begin and be classified as new text end 112.9 new text begin confidential data. new text end 112.10    Sec. 115. new text begin [148E.255] TYPES OF ACTIONS. new text end 112.11     new text begin Subdivision 1. new text end new text begin Actions. new text end new text begin The board may take disciplinary action according to new text end 112.12 new text begin section new text end new text begin , adversarial but nondisciplinary action according to section new text end new text begin , new text end 112.13 new text begin or voluntary action according to section new text end new text begin . Any action taken under sections new text end 112.14 new text begin to new text end new text begin is public data. new text end 112.15     new text begin Subd. 2. new text end new text begin Disciplinary action. new text end new text begin For purposes of section new text end new text begin , "disciplinary new text end 112.16 new text begin action" means an action taken by the board against an applicant or licensee that addresses new text end 112.17 new text begin a complaint alleging a violation of a statute or rule the board is empowered to enforce. new text end 112.18     new text begin Subd. 3. new text end new text begin Adversarial but nondisciplinary action. new text end new text begin For purposes of section new text end 112.19 new text begin , "adversarial but nondisciplinary action" means a nondisciplinary action taken new text end 112.20 new text begin by the board that addresses a complaint alleging a violation of a statute or rule the board new text end 112.21 new text begin is empowered to enforce. new text end 112.22     new text begin Subd. 4. new text end new text begin Voluntary action. new text end new text begin For purposes of section new text end new text begin , "voluntary action" new text end 112.23 new text begin means a nondisciplinary action agreed to by the board or a designated board member and new text end 112.24 new text begin an applicant or licensee that, through educational or other corrective means, addresses a new text end 112.25 new text begin complaint alleging a violation of a statute or rule that the board is empowered to enforce. new text end 112.26    Sec. 116. new text begin [148E.260] DISCIPLINARY ACTIONS. new text end 112.27     new text begin Subdivision 1. new text end new text begin General disciplinary actions. new text end new text begin (a) When the board has grounds for new text end 112.28 new text begin disciplinary actions under this chapter, the board may take one or more of the following new text end 112.29 new text begin disciplinary actions: new text end 112.30     new text begin (1) deny an application; new text end 112.31     new text begin (2) permanently revoke a license to practice social work; new text end 112.32     new text begin (3) indefinitely or temporarily suspend a license to practice social work; new text end 112.33     new text begin (4) impose restrictions on a licensee's scope of practice; new text end 113.1     new text begin (5) impose conditions required for the licensee to maintain licensure, including, new text end 113.2 new text begin but not limited to, additional education, supervision, and requiring the passing of an new text end 113.3 new text begin examination provided for in section new text end new text begin ; new text end 113.4     new text begin (6) reprimand a licensee; new text end 113.5     new text begin (7) impose a civil penalty of up to $10,000 for each violation in order to discourage new text end 113.6 new text begin future violations or to deprive the licensee of any economic advantage gained by reason new text end 113.7 new text begin of the violation; or new text end 113.8     new text begin (8) impose a fee to reimburse the board for all or part of the cost of the proceedings new text end 113.9 new text begin resulting in disciplinary action, including, but not limited to, the amount paid by the board new text end 113.10 new text begin for services received from or expenses incurred by the Office of Administrative Hearings, new text end 113.11 new text begin the Office of the Attorney General, court reporters, witnesses, board members, board staff, new text end 113.12 new text begin or the amount paid by the board for reproducing records. new text end 113.13     new text begin (b) Disciplinary action taken by the board under this subdivision is in effect pending new text end 113.14 new text begin determination of an appeal unless the court, upon petition and for good cause shown, new text end 113.15 new text begin decides otherwise. new text end 113.16     new text begin Subd. 2. new text end new text begin Reprimands. new text end new text begin (a) In addition to the board's authority to issue a reprimand new text end 113.17 new text begin according to subdivision 1, a designated board member reviewing a complaint as provided new text end 113.18 new text begin for in chapter 214 may issue a reprimand to a licensee. The designated board member new text end 113.19 new text begin must notify the licensee that the reprimand will become final disciplinary action unless the new text end 113.20 new text begin licensee requests a hearing by the board within 14 calendar days. new text end 113.21     new text begin (b) If the licensee requests a hearing within 14 calendar days, the board must new text end 113.22 new text begin schedule a hearing unless the designated board member withdraws the reprimand. new text end 113.23     new text begin (c) The hearing must be scheduled within 14 working days of the time the licensee new text end 113.24 new text begin submits a request for the hearing. new text end 113.25     new text begin (d) The designated board member who issued the reprimand may participate in the new text end 113.26 new text begin hearing but must not deliberate or vote on the decision by the board. new text end 113.27     new text begin (e) The only evidence permitted at the hearing is affidavits or other documents new text end 113.28 new text begin except for testimony by the licensee or other witnesses whose testimony the board chair new text end 113.29 new text begin has authorized for good cause. new text end 113.30     new text begin (f) If testimony is authorized, the testimony is subject to cross-examination. new text end 113.31     new text begin (g) After the hearing, the board must affirm or dismiss the reprimand. new text end 113.32     new text begin Subd. 3. new text end new text begin Temporary suspensions. new text end new text begin (a) In addition to any other remedy provided new text end 113.33 new text begin by statute, the board or a designated board member may, without a hearing, temporarily new text end 113.34 new text begin suspend a license to practice social work if the board or the designated board member new text end 113.35 new text begin finds that: new text end 114.1     new text begin (1) the licensee has violated a statute or rule enforced by the board, any other federal new text end 114.2 new text begin or state law or rule related to the practice of social work, or an order, stipulation, or new text end 114.3 new text begin agreement agreed to or issued by the board; and new text end 114.4     new text begin (2) continued practice by the licensee would create a serious risk of harm to others. new text end 114.5     new text begin (b) The suspension is in effect upon service of a written order on the licensee new text end 114.6 new text begin specifying the statute, rule, order, stipulation, or agreement violated. Service of the order new text end 114.7 new text begin is effective if the order is served on the licensee or the licensee's attorney personally or new text end 114.8 new text begin by first class mail to the most recent address provided to the board for the licensee or the new text end 114.9 new text begin licensee's attorney. new text end 114.10     new text begin (c) The temporary suspension remains in effect until after the board issues an order new text end 114.11 new text begin according to paragraph (e), or if there is a contested case hearing, after the board issues a new text end 114.12 new text begin written final order according to paragraph (g). new text end 114.13     new text begin (d) If the licensee requests in writing within five calendar days of service of the new text end 114.14 new text begin order that the board hold a hearing, the board must hold a hearing on the sole issue of new text end 114.15 new text begin whether to continue, modify, or lift the suspension. The board must hold the hearing new text end 114.16 new text begin within ten working days of receipt of the licensee's written request. Evidence presented new text end 114.17 new text begin by the board or licensee must be in affidavit form only, except that the licensee or the new text end 114.18 new text begin licensee's attorney may present oral argument. new text end 114.19     new text begin (e) Within five working days after the hearing, the board must issue its order. If new text end 114.20 new text begin the licensee contests the order, the board must schedule a contested case hearing under new text end 114.21 new text begin chapter 14. The contested case hearing must be scheduled to occur within 45 calendar new text end 114.22 new text begin days after issuance of the order. new text end 114.23     new text begin (f) The administrative law judge must issue a report within 30 calendar days after new text end 114.24 new text begin the contested case hearing is concluded. new text end 114.25     new text begin (g) The board must issue a final order within 30 calendar days after the board new text end 114.26 new text begin receives the administrative law judge's report. new text end 114.27    Sec. 117. new text begin [148E.265] ADVERSARIAL BUT NONDISCIPLINARY ACTIONS. new text end 114.28     new text begin Subdivision 1. new text end new text begin Automatic suspensions. new text end new text begin (a) A license to practice social work is new text end 114.29 new text begin automatically suspended if: new text end 114.30     new text begin (1) a guardian of a licensee is appointed by order of a court according to sections new text end 114.31 new text begin and 524.5-102; or new text end 114.32     new text begin (2) the licensee is committed by order of a court according to chapter 253B. new text end 114.33     new text begin (b) A license remains suspended until: new text end 114.34     new text begin (1) the licensee is restored to capacity by a court; and new text end 115.1     new text begin (2) upon petition by the licensee and after a hearing or an agreement with the new text end 115.2 new text begin licensee, the board terminates the suspension. new text end 115.3     new text begin (c) If the board terminates the suspension, it may do so with or without conditions new text end 115.4 new text begin or restrictions, including, but not limited to, participation in the health professional new text end 115.5 new text begin services program. new text end 115.6     new text begin Subd. 2. new text end new text begin Cease and desist orders. new text end new text begin (a) The board or a designated board member new text end 115.7 new text begin may issue a cease and desist order to stop a person from engaging in unauthorized practice new text end 115.8 new text begin or from violating or threatening to violate a statute or rule enforced by the board or an new text end 115.9 new text begin order, stipulation, or agreement agreed to or issued by the board. new text end 115.10     new text begin (b) The cease and desist order must state the reason for its issuance and give notice new text end 115.11 new text begin of the person's right to request a hearing under sections new text end new text begin to new text end new text begin . If the person fails new text end 115.12 new text begin to request a hearing in writing postmarked within 15 calendar days after service of the new text end 115.13 new text begin cease and desist order, the order is the final order of the board and is not reviewable by new text end 115.14 new text begin a court or agency. new text end 115.15     new text begin (c) If the board receives a written request for a hearing postmarked within 15 new text end 115.16 new text begin calendar days after service of the cease and desist order, the board must schedule a hearing new text end 115.17 new text begin within 30 calendar days of receiving the request. new text end 115.18     new text begin (d) The administrative law judge must issue a report within 30 calendar days after new text end 115.19 new text begin the contested case hearing is concluded. new text end 115.20     new text begin (e) Within 30 calendar days after the board receives the administrative law judge's new text end 115.21 new text begin report, the board must issue a final order modifying, vacating, or making permanent new text end 115.22 new text begin the cease and desist order. The final order remains in effect until modified or vacated new text end 115.23 new text begin by the board. new text end 115.24     new text begin (f) If a person does not comply with a cease and desist order, the board may institute new text end 115.25 new text begin a proceeding in any district court to obtain injunctive relief or other appropriate relief, new text end 115.26 new text begin including but not limited to, a civil penalty payable to the board of up to $10,000 for new text end 115.27 new text begin each violation. new text end 115.28     new text begin (g) A cease and desist order issued according to this subdivision does not relieve a new text end 115.29 new text begin person from criminal prosecution by a competent authority or from disciplinary action new text end 115.30 new text begin by the board. new text end 115.31     new text begin Subd. 3. new text end new text begin Injunctive relief. new text end new text begin (a) In addition to any other remedy provided by law, the new text end 115.32 new text begin board may bring an action in district court for injunctive relief to restrain any unauthorized new text end 115.33 new text begin practice or violation or threatened violation of any statute or rule, stipulation, or agreement new text end 115.34 new text begin agreed to or enforced by the board or an order issued by the board. new text end 115.35     new text begin (b) A temporary restraining order may be granted in the proceeding if continued new text end 115.36 new text begin activity by a person would create an imminent risk of harm to others. new text end 116.1     new text begin (c) Injunctive relief granted according to this subdivision does not relieve a person new text end 116.2 new text begin from criminal prosecution by a competent authority or from disciplinary action by the new text end 116.3 new text begin board. new text end 116.4     new text begin (d) In bringing an action for injunctive relief, the board need not show irreparable new text end 116.5 new text begin harm. new text end 116.6    Sec. 118. new text begin [148E.270] VOLUNTARY ACTIONS. new text end 116.7     new text begin Subdivision 1. new text end new text begin Agreements for corrective action. new text end new text begin (a) The board or a designated new text end 116.8 new text begin board member may enter into an agreement for corrective action with an applicant or new text end 116.9 new text begin licensee when the board or a designated board member determines that a complaint new text end 116.10 new text begin alleging a violation of a statute or rule enforced by the board or an order issued by the new text end 116.11 new text begin board may best be resolved through an agreement for corrective action when disciplinary new text end 116.12 new text begin action is not required to protect the public. new text end 116.13     new text begin (b) An agreement for corrective action must: new text end 116.14     new text begin (1) be in writing; new text end 116.15     new text begin (2) specify the facts upon which the agreement is based; new text end 116.16     new text begin (3) clearly indicate the corrective action agreed upon; and new text end 116.17     new text begin (4) provide that the complaint that resulted in the agreement must be dismissed by the new text end 116.18 new text begin board or the designated board member upon successful completion of the corrective action. new text end 116.19     new text begin (c) The board or designated board member may determine successful completion new text end 116.20 new text begin when the applicant or licensee submits a request for dismissal that documents the new text end 116.21 new text begin applicant's or licensee's successful completion of the corrective action. The burden of new text end 116.22 new text begin proof is on the applicant or licensee to prove successful completion. new text end 116.23     new text begin (d) An agreement for corrective action is not disciplinary action but must be treated new text end 116.24 new text begin as public data under chapter 13. new text end 116.25     new text begin (e) The board may impose a fee to reimburse the board for all or part of the costs new text end 116.26 new text begin of the proceedings resulting in a corrective action, including, but not limited to, the new text end 116.27 new text begin amount paid by the board for services received from or expenses incurred by the Office new text end 116.28 new text begin of the Attorney General, board members, board staff, or the amount paid by the board new text end 116.29 new text begin for reproducing records. new text end 116.30     new text begin (f) The board or designated board member must not enter into an agreement for new text end 116.31 new text begin corrective action when the complaint alleged sexual conduct with a client unless there is new text end 116.32 new text begin insufficient evidence to justify disciplinary action but there is a basis for corrective action. new text end 116.33     new text begin Subd. 2. new text end new text begin Stipulations to cease practicing social work. new text end new text begin (a) The board or a new text end 116.34 new text begin designated board member may enter into a stipulation to cease practicing social work with new text end 116.35 new text begin a licensee if the board or designated board member determines that the licensee is unable new text end 117.1 new text begin to practice social work competently or safely or that the social worker's continued practice new text end 117.2 new text begin creates an unacceptable risk of safety to clients, potential clients, or the public. new text end 117.3     new text begin (b) A stipulation to cease practicing social work must: new text end 117.4     new text begin (1) be in writing; new text end 117.5     new text begin (2) specify the facts upon which the stipulation is based; new text end 117.6     new text begin (3) clearly indicate that the licensee must not practice social work and must not hold new text end 117.7 new text begin out to the public that the social worker is licensed; and new text end 117.8     new text begin (4) specify the term of the stipulation or when and under what circumstances the new text end 117.9 new text begin licensee may petition the board for termination of the stipulation. new text end 117.10     new text begin (c) A stipulation to cease practicing social work is not disciplinary action but must new text end 117.11 new text begin be treated as public data under chapter 13. new text end 117.12     new text begin (d) Nothing in this subdivision prevents the board or designated board member new text end 117.13 new text begin from taking any other disciplinary or adversarial action authorized by sections new text end new text begin new text end 117.14 new text begin to new text end new text begin in lieu of or in addition to entering into a stipulation to cease practicing new text end 117.15 new text begin social work. new text end 117.16    Sec. 119. new text begin [148E.275] UNAUTHORIZED PRACTICE. new text end 117.17     new text begin No individual may: new text end 117.18     new text begin (1) engage in the practice of social work without a social work license under new text end 117.19 new text begin sections new text end new text begin and new text end new text begin , except when the individual is exempt from licensure new text end 117.20 new text begin according to section new text end new text begin ; new text end 117.21     new text begin (2) provide social work services to a client who resides in this state when the new text end 117.22 new text begin individual providing the services is not licensed as a social worker according to sections new text end 117.23 new text begin to new text end new text begin , except when the individual is exempt from licensure according to new text end 117.24 new text begin section new text end new text begin . new text end 117.25    Sec. 120. new text begin [148E.280] USE OF TITLES. new text end 117.26     new text begin No individual may be presented to the public by any title incorporating the words new text end 117.27 new text begin "social work" or "social worker" or in the titles in section new text end new text begin , unless that individual new text end 117.28 new text begin holds a license under sections new text end new text begin and new text end new text begin , or practices in a setting exempt new text end 117.29 new text begin from licensure under section new text end new text begin . new text end 117.30    Sec. 121. new text begin [148E.285] REPORTING REQUIREMENTS. new text end 117.31     new text begin Subdivision 1. new text end new text begin Institutions. new text end new text begin A state agency, political subdivision, agency of a local new text end 117.32 new text begin unit of government, private agency, hospital, clinic, prepaid medical plan, or other health new text end 117.33 new text begin care institution or organization must report to the board: new text end 118.1     new text begin (1) any adversarial action, disciplinary action, or other sanction for conduct that new text end 118.2 new text begin might constitute grounds for action under section new text end new text begin ; new text end 118.3     new text begin (2) the resignation of any applicant or licensee prior to the conclusion of any new text end 118.4 new text begin proceeding for adversarial action, disciplinary action, or other sanction for conduct that new text end 118.5 new text begin might constitute grounds for action under section new text end new text begin ; or new text end 118.6     new text begin (3) the resignation of any applicant or licensee prior to the commencement of a new text end 118.7 new text begin proceeding for adversarial action, disciplinary action, or other sanction for conduct that new text end 118.8 new text begin might constitute grounds for action under section new text end new text begin , but after the applicant or new text end 118.9 new text begin licensee had knowledge that a proceeding was contemplated or in preparation. new text end 118.10     new text begin Subd. 2. new text end new text begin Professional societies and associations. new text end new text begin A state or local professional new text end 118.11 new text begin society or association whose members consist primarily of licensed social workers must new text end 118.12 new text begin report to the board any adversarial action, disciplinary action, or other sanction taken new text end 118.13 new text begin against a member. new text end 118.14     new text begin Subd. 3. new text end new text begin Immunity. new text end new text begin An individual, professional society or association, state agency, new text end 118.15 new text begin political subdivision, agency of a local unit of government, private agency, hospital, new text end 118.16 new text begin clinic, prepaid medical plan, other health care institution or organization, or other entity is new text end 118.17 new text begin immune from civil liability or criminal prosecution for submitting in good faith a report new text end 118.18 new text begin under subdivision 1 or 2 or for otherwise reporting, providing information, or testifying new text end 118.19 new text begin about violations or alleged violations of this chapter. new text end 118.20    Sec. 122. new text begin [148E.290] PENALTIES. new text end 118.21     new text begin An individual or other entity that violates section new text end new text begin , new text end new text begin , or new text end new text begin new text end 118.22 new text begin is guilty of a misdemeanor. new text end 118.23    Sec. 123. Minnesota Statutes 2006, section 151.01, is amended by adding a subdivision 118.24to read: 118.25     new text begin Subd. 31. new text end new text begin Electronic signature. new text end new text begin "Electronic signature" means an electronic sound, new text end 118.26 new text begin symbol, or process attached to or associated with a record and executed or adopted by a new text end 118.27 new text begin person with the intent to sign the record. new text end 118.28    Sec. 124. Minnesota Statutes 2006, section 151.01, is amended by adding a subdivision 118.29to read: 118.30     new text begin Subd. 32. new text end new text begin Electronic transmission. new text end new text begin "Electronic transmission" means transmission new text end 118.31 new text begin of information in electronic form. new text end 118.32    Sec. 125. Minnesota Statutes 2006, section 151.06, subdivision 1, is amended to read: 119.1    Subdivision 1. Generally; rules. (a) Powers and duties. The Board of Pharmacy 119.2shall have the power and it shall be its duty: 119.3    (1) to regulate the practice of pharmacy; 119.4    (2) to regulate the manufacture, wholesale, and retail sale of drugs within this state; 119.5    (3) to regulate the identity, labeling, purity, and quality of all drugs and medicines 119.6dispensed in this state, using the United States Pharmacopeia and the National Formulary, 119.7or any revisions thereof, or standards adopted under the federal act as the standard; 119.8    (4) to enter and inspect by its authorized representative any and all places where 119.9drugs, medicines, medical gases, or veterinary drugs or devices are sold, vended, given 119.10away, compounded, dispensed, manufactured, wholesaled, or held; it may secure samples 119.11or specimens of any drugs, medicines, medical gases, or veterinary drugs or devices 119.12after paying or offering to pay for such sample; it shall be entitled to inspect and make 119.13copies of any and all records of shipment, purchase, manufacture, quality control, and 119.14sale of these items provided, however, that such inspection shall not extend to financial 119.15data, sales data, or pricing data; 119.16    (5) to examine and license as pharmacists all applicants whom it shall deem qualified 119.17to be such; 119.18    (6) to license wholesale drug distributors; 119.19    (7) to deny, suspend, revoke, or refuse to renew any registration or license required 119.20under this chapter, to any applicant or registrant or licensee upon any of the following 119.21grounds: 119.22    (i) fraud or deception in connection with the securing of such license or registration; 119.23    (ii) in the case of a pharmacist, conviction in any court of a felony; 119.24    (iii) in the case of a pharmacist, conviction in any court of an offense involving 119.25moral turpitude; 119.26    (iv) habitual indulgence in the use of narcotics, stimulants, or depressant drugs; 119.27or habitual indulgence in intoxicating liquors in a manner which could cause conduct 119.28endangering public health; 119.29    (v) unprofessional conduct or conduct endangering public health; 119.30    (vi) gross immorality; 119.31    (vii) employing, assisting, or enabling in any manner an unlicensed person to 119.32practice pharmacy; 119.33    (viii) conviction of theft of drugs, or the unauthorized use, possession, or sale thereof; 119.34    (ix) violation of any of the provisions of this chapter or any of the rules of the State 119.35Board of Pharmacy; 120.1    (x) in the case of a pharmacy license, operation of such pharmacy without a 120.2pharmacist present and on duty; 120.3    (xi) in the case of a pharmacist, physical or mental disability which could cause 120.4incompetency in the practice of pharmacy; 120.5    (xii) in the case of a pharmacist, the suspension or revocation of a license to practice 120.6pharmacy in another state; or 120.7    (xiii) in the case of a pharmacist, aiding suicide or aiding attempted suicide in 120.8violation of section 609.215 as established by any of the following: 120.9    (A) a copy of the record of criminal conviction or plea of guilty for a felony in 120.10violation of section 609.215, subdivision 1 or 2; 120.11    (B) a copy of the record of a judgment of contempt of court for violating an 120.12injunction issued under section 609.215, subdivision 4; 120.13    (C) a copy of the record of a judgment assessing damages under section 609.215, 120.14subdivision 5 ; or 120.15    (D) a finding by the board that the person violated section 609.215, subdivision 120.161 or 2. The board shall investigate any complaint of a violation of section 609.215, 120.17subdivision 1 or 2; 120.18    (8) to employ necessary assistants and make new text begin adopt new text end rules for the conduct of its 120.19business; 120.20    (9) to register new text begin as new text end pharmacy technicians new text begin all applicants who the board determines are new text end 120.21 new text begin qualified to carry out the duties of a pharmacy technician new text end ; and 120.22    (10) to perform such other duties and exercise such other powers as the provisions of 120.23the act may require. 120.24    (b) Temporary suspension. In addition to any other remedy provided by law, the 120.25board may, without a hearing, temporarily suspend a license for not more than 60 days if 120.26the board finds that a pharmacist has violated a statute or rule that the board is empowered 120.27to enforce and continued practice by the pharmacist would create an imminent risk of 120.28harm to others. The suspension shall take effect upon written notice to the pharmacist, 120.29specifying the statute or rule violated. At the time it issues the suspension notice, the 120.30board shall schedule a disciplinary hearing to be held under the Administrative Procedure 120.31Act. The pharmacist shall be provided with at least 20 days' notice of any hearing held 120.32under this subdivision. 120.33    (c) Rules. For the purposes aforesaid, it shall be the duty of the board to make 120.34and publish uniform rules not inconsistent herewith for carrying out and enforcing 120.35the provisions of this chapter. The board shall adopt rules regarding prospective drug 120.36utilization review and patient counseling by pharmacists. A pharmacist in the exercise of 121.1the pharmacist's professional judgment, upon the presentation of a new prescription by a 121.2patient or the patient's caregiver or agent, shall perform the prospective drug utilization 121.3review required by rules issued under this subdivision. 121.4    Sec. 126. Minnesota Statutes 2006, section 151.21, subdivision 1, is amended to read: 121.5    Subdivision 1. Generally. Except as provided in this section, it shall be unlawful for 121.6any pharmacist, assistant pharmacist, or pharmacist intern who dispenses prescriptions, 121.7drugs, and medicines to substitute an article different from the one ordered, or deviate 121.8in any manner from the requirements of an order or prescription without the approval of 121.9the prescriber. 121.10    Sec. 127. Minnesota Statutes 2006, section 151.21, subdivision 2, is amended to read: 121.11    Subd. 2. Brand name specified. When a pharmacist receives a written new text begin paper or new text end 121.12 new text begin hard copy new text end prescription on which the prescriber has personally written in handwriting 121.13"dispense as written" or "D.A.W.," new text begin a prescription sent by electronic transmission on which new text end 121.14 new text begin the prescriber has expressly indicated in a manner consistent with the standards for new text end 121.15 new text begin electronic prescribing under Code of Federal Regulations, title 42, section 423, that the new text end 121.16 new text begin prescription is to be dispensed as transmitted and which bears the prescriber's electronic new text end 121.17 new text begin signature, new text end or an oral prescription in which the prescriber has expressly indicated that the 121.18prescription is to be dispensed as communicated, the pharmacist shall dispense the brand 121.19name legend drug as prescribed. 121.20    Sec. 128. Minnesota Statutes 2006, section 151.21, subdivision 3, is amended to read: 121.21    Subd. 3. Brand name not specified. When a pharmacist receives a written new text begin paper or new text end 121.22 new text begin hard copy new text end prescription on which the prescriber has not personally written in handwriting 121.23"dispense as written" or "D.A.W.," new text begin a prescription sent by electronic transmission on which new text end 121.24 new text begin the prescriber has not expressly indicated in a manner consistent with the standards for new text end 121.25 new text begin electronic prescribing under Code of Federal Regulations, title 42, section 423, that the new text end 121.26 new text begin prescription is to be dispensed as transmitted and which bears the prescriber's electronic new text end 121.27 new text begin signature, new text end or an oral prescription in which the prescriber has not expressly indicated 121.28that the prescription is to be dispensed as communicated, and there is available in the 121.29pharmacist's stock a less expensive generically equivalent drug that, in the pharmacist's 121.30professional judgment, is safely interchangeable with the prescribed drug, then the 121.31pharmacist shall, after disclosing the substitution to the purchaser, dispense the generic 121.32drug, unless the purchaser objects. A pharmacist may also substitute pursuant to the oral 121.33instructions of the prescriber. A pharmacist may not substitute a generically equivalent 122.1drug product unless, in the pharmacist's professional judgment, the substituted drug is 122.2therapeutically equivalent and interchangeable to the prescribed drug. A pharmacist 122.3shall notify the purchaser if the pharmacist is dispensing a drug other than the brand 122.4name drug prescribed. 122.5    Sec. 129. Minnesota Statutes 2006, section 151.21, is amended by adding a subdivision 122.6to read: 122.7     new text begin Subd. 3a. new text end new text begin Prescriptions by electronic transmission. new text end new text begin Nothing in this section new text end 122.8 new text begin permits a prescriber to maintain "dispense as written" or "D.A.W." as a default on all new text end 122.9 new text begin prescriptions. Prescribers must add the "dispense as written" or "D.A.W." designation to new text end 122.10 new text begin electronic prescriptions individually, as appropriate. new text end 122.11    Sec. 130. Minnesota Statutes 2006, section 214.103, subdivision 8, is amended to read: 122.12    Subd. 8. Dismissal of a complaint. A complaint may not be dismissed without the 122.13concurrence of new text begin at least new text end two board members new text begin and, upon the request of the complainant, a new text end 122.14 new text begin review by a representative of the attorney general's office new text end . The designee of the attorney 122.15general must review before dismissal any complaints which allege any violation of 122.16chapter 609, any conduct which would be required to be reported under section 122.17or , any sexual contact or sexual conduct with a client, any violation of a federal 122.18law, any actual or potential inability to practice the regulated profession or occupation by 122.19reason of illness, use of alcohol, drugs, chemicals, or any other materials, or as a result of 122.20any mental or physical condition, any violation of state medical assistance laws, or any 122.21disciplinary action related to credentialing in another jurisdiction or country which was 122.22based on the same or related conduct specified in this subdivision. 122.23    Sec. 131. Minnesota Statutes 2006, section 214.103, subdivision 9, is amended to read: 122.24    Subd. 9. Information to complainant. A board shall furnish to a person who 122.25made a complaint a new text begin written new text end description of the new text begin board's complaint process, and new text end actions of 122.26the board relating to the complaint. new text begin The written notice from the board must advise the new text end 122.27 new text begin complainant of the right to appeal the board's decision to the attorney general within new text end 122.28 new text begin 30 days of receipt of the notice. new text end 122.29    Sec. 132. Minnesota Statutes 2006, section 214.32, subdivision 1, is amended to read: 122.30    Subdivision 1. Management. (a) A Health Professionals Services Program 122.31Committee is established, consisting of one person appointed by each participating board, 122.32with each participating board having one vote. The committee shall designate one board 123.1to provide administrative management of the program, set the program budget and the 123.2pro rata share of program expenses to be borne by each participating board, provide 123.3guidance on the general operation of the program, including hiring of program personnel, 123.4and ensure that the program's direction is in accord with its authority. If the participating 123.5boards change which board is designated to provide administrative management of 123.6the program, any appropriation remaining for the program shall transfer to the newly 123.7designated board on the effective date of the change. The participating boards must inform 123.8the appropriate legislative committees and the commissioner of finance of any change 123.9in the administrative management of the program, and the amount of any appropriation 123.10transferred under this provision. 123.11    (b) The designated board, upon recommendation of the Health Professional Services 123.12Program Committee, shall hire the program manager and employees and pay expenses 123.13of the program from funds appropriated for that purpose. The designated board may 123.14apply for grants to pay program expenses and may enter into contracts on behalf of the 123.15program to carry out the purposes of the program. The participating boards shall enter into 123.16written agreements with the designated board. 123.17    (c) An advisory committee is established to advise the program committee consisting 123.18of: 123.19    (1) one member appointed by each of the following: the Minnesota Academy of 123.20Physician Assistants, the Minnesota Dental Association, the Minnesota Chiropractic 123.21Association, the Minnesota Licensed Practical Nurse Association, the Minnesota Medical 123.22Association, the Minnesota Nurses Association, and the Minnesota Podiatric Medicine 123.23Association; 123.24    (2) one member appointed by each of the professional associations of the other 123.25professions regulated by a participating board not specified in clause (1); and 123.26    (3) two public members, as defined by section 214.02. 123.27Members of the advisory committee shall be appointed for two years and members may 123.28be reappointed. 123.29    The advisory committee expires June 30, 2007. 123.30    Sec. 133. Minnesota Statutes 2006, section 245.462, subdivision 18, is amended to 123.31read: 123.32    Subd. 18. Mental health professional. "Mental health professional" means a 123.33person providing clinical services in the treatment of mental illness who is qualified in at 123.34least one of the following ways: 124.1    (1) in psychiatric nursing: a registered nurse who is licensed under sections 148.171 124.2to 148.285; and: 124.3    (i) who is certified as a clinical specialist or as a nurse practitioner in adult or family 124.4psychiatric and mental health nursing by a national nurse certification organization; or 124.5    (ii) who has a master's degree in nursing or one of the behavioral sciences or related 124.6fields from an accredited college or university or its equivalent, with at least 4,000 hours 124.7of post-master's supervised experience in the delivery of clinical services in the treatment 124.8of mental illness; 124.9    (2) in clinical social work: a person licensed as an independent clinical social worker 124.10under chapter 148D, or a person with a master's degree in social work from an accredited 124.11college or university, with at least 4,000 hours of post-master's supervised experience in 124.12the delivery of clinical services in the treatment of mental illness; 124.13    (3) in psychology: an individual licensed by the Board of Psychology under sections 124.14148.88 to 148.98 who has stated to the Board of Psychology competencies in the diagnosis 124.15and treatment of mental illness; 124.16    (4) in psychiatry: a physician licensed under chapter 147 and certified by the 124.17American Board of Psychiatry and Neurology or eligible for board certification in 124.18psychiatry; 124.19    (5) in marriage and family therapy: the mental health professional must be a 124.20marriage and family therapist licensed under sections 148B.29 to 148B.39 with at least 124.21two years of post-master's supervised experience in the delivery of clinical services in 124.22the treatment of mental illness; or 124.23    (6) new text begin in licensed professional clinical counseling, the mental health professional must new text end 124.24 new text begin be a licensed professional clinical counselor under section 148B.5301; or new text end 124.25     new text begin (7) new text end in allied fields: a person with a master's degree from an accredited college or 124.26university in one of the behavioral sciences or related fields, with at least 4,000 hours of 124.27post-master's supervised experience in the delivery of clinical services in the treatment of 124.28mental illness. 124.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2010. new text end 124.30    Sec. 134. Minnesota Statutes 2006, section 245.470, subdivision 1, is amended to read: 124.31    Subdivision 1. Availability of outpatient services. (a) County boards must provide 124.32or contract for enough outpatient services within the county to meet the needs of adults 124.33with mental illness residing in the county. Services may be provided directly by the 124.34county through county-operated mental health centers or mental health clinics approved 124.35by the commissioner under section 245.69, subdivision 2; by contract with privately 125.1operated mental health centers or mental health clinics approved by the commissioner 125.2under section 245.69, subdivision 2; by contract with hospital mental health outpatient 125.3programs certified by the Joint Commission on Accreditation of Hospital Organizations; 125.4or by contract with a licensed mental health professional as defined in section 245.462, 125.5subdivision 18 , clauses (1) to (4) new text begin (6) new text end . Clients may be required to pay a fee according to 125.6section 245.481. Outpatient services include: 125.7    (1) conducting diagnostic assessments; 125.8    (2) conducting psychological testing; 125.9    (3) developing or modifying individual treatment plans; 125.10    (4) making referrals and recommending placements as appropriate; 125.11    (5) treating an adult's mental health needs through therapy; 125.12    (6) prescribing and managing medication and evaluating the effectiveness of 125.13prescribed medication; and 125.14    (7) preventing placement in settings that are more intensive, costly, or restrictive 125.15than necessary and appropriate to meet client needs. 125.16    (b) County boards may request a waiver allowing outpatient services to be provided 125.17in a nearby trade area if it is determined that the client can best be served outside the 125.18county. 125.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2010. new text end 125.20    Sec. 135. Minnesota Statutes 2006, section 245.4871, subdivision 27, is amended to 125.21read: 125.22    Subd. 27. Mental health professional. "Mental health professional" means a 125.23person providing clinical services in the diagnosis and treatment of children's emotional 125.24disorders. A mental health professional must have training and experience in working with 125.25children consistent with the age group to which the mental health professional is assigned. 125.26A mental health professional must be qualified in at least one of the following ways: 125.27    (1) in psychiatric nursing, the mental health professional must be a registered nurse 125.28who is licensed under sections 148.171 to 148.285 and who is certified as a clinical 125.29specialist in child and adolescent psychiatric or mental health nursing by a national nurse 125.30certification organization or who has a master's degree in nursing or one of the behavioral 125.31sciences or related fields from an accredited college or university or its equivalent, with 125.32at least 4,000 hours of post-master's supervised experience in the delivery of clinical 125.33services in the treatment of mental illness; 125.34    (2) in clinical social work, the mental health professional must be a person licensed 125.35as an independent clinical social worker under chapter 148D, or a person with a master's 126.1degree in social work from an accredited college or university, with at least 4,000 hours of 126.2post-master's supervised experience in the delivery of clinical services in the treatment 126.3of mental disorders; 126.4    (3) in psychology, the mental health professional must be an individual licensed by 126.5the board of psychology under sections 148.88 to 148.98 who has stated to the board of 126.6psychology competencies in the diagnosis and treatment of mental disorders; 126.7    (4) in psychiatry, the mental health professional must be a physician licensed under 126.8chapter 147 and certified by the American board of psychiatry and neurology or eligible 126.9for board certification in psychiatry; 126.10    (5) in marriage and family therapy, the mental health professional must be a 126.11marriage and family therapist licensed under sections 148B.29 to 148B.39 with at least 126.12two years of post-master's supervised experience in the delivery of clinical services in the 126.13treatment of mental disorders or emotional disturbances; or 126.14    (6) new text begin in licensed professional clinical counseling, the mental health professional must new text end 126.15 new text begin be a licensed professional clinical counselor under section 148B.5301; or new text end 126.16     new text begin (7) new text end in allied fields, the mental health professional must be a person with a master's 126.17degree from an accredited college or university in one of the behavioral sciences or related 126.18fields, with at least 4,000 hours of post-master's supervised experience in the delivery of 126.19clinical services in the treatment of emotional disturbances. 126.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2010. new text end 126.21    Sec. 136. Minnesota Statutes 2006, section 245.488, subdivision 1, is amended to read: 126.22    Subdivision 1. Availability of outpatient services. (a) County boards must provide 126.23or contract for enough outpatient services within the county to meet the needs of each 126.24child with emotional disturbance residing in the county and the child's family. Services 126.25may be provided directly by the county through county-operated mental health centers or 126.26mental health clinics approved by the commissioner under section 245.69, subdivision 2; 126.27by contract with privately operated mental health centers or mental health clinics approved 126.28by the commissioner under section 245.69, subdivision 2; by contract with hospital 126.29mental health outpatient programs certified by the Joint Commission on Accreditation 126.30of Hospital Organizations; or by contract with a licensed mental health professional as 126.31defined in section 245.4871, subdivision 27, clauses (1) to (4) new text begin (6) new text end . A child or a child's 126.32parent may be required to pay a fee based in accordance with section 245.481. Outpatient 126.33services include: 126.34    (1) conducting diagnostic assessments; 126.35    (2) conducting psychological testing; 127.1    (3) developing or modifying individual treatment plans; 127.2    (4) making referrals and recommending placements as appropriate; 127.3    (5) treating the child's mental health needs through therapy; and 127.4    (6) prescribing and managing medication and evaluating the effectiveness of 127.5prescribed medication. 127.6    (b) County boards may request a waiver allowing outpatient services to be provided 127.7in a nearby trade area if it is determined that the child requires necessary and appropriate 127.8services that are only available outside the county. 127.9    (c) Outpatient services offered by the county board to prevent placement must be at 127.10the level of treatment appropriate to the child's diagnostic assessment. 127.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2010. new text end 127.12    Sec. 137. Minnesota Statutes 2006, section 256B.0623, subdivision 5, is amended to 127.13read: 127.14    Subd. 5. Qualifications of provider staff. Adult rehabilitative mental health 127.15services must be provided by qualified individual provider staff of a certified provider 127.16entity. Individual provider staff must be qualified under one of the following criteria: 127.17    (1) a mental health professional as defined in section 245.462, subdivision 18, 127.18clauses (1) to (5). If the recipient has a current diagnostic assessment by a licensed mental 127.19health professional as defined in section 245.462, subdivision 18, clauses (1) to (5) new text begin (6) new text end , 127.20recommending receipt of adult mental health rehabilitative services, the definition of 127.21mental health professional for purposes of this section includes a person who is qualified 127.22under section 245.462, subdivision 18, clause (6) new text begin (7) new text end , and who holds a current and valid 127.23national certification as a certified rehabilitation counselor or certified psychosocial 127.24rehabilitation practitioner; 127.25    (2) a mental health practitioner as defined in section 245.462, subdivision 17. The 127.26mental health practitioner must work under the clinical supervision of a mental health 127.27professional; or 127.28    (3) a mental health rehabilitation worker. A mental health rehabilitation worker 127.29means a staff person working under the direction of a mental health practitioner or mental 127.30health professional and under the clinical supervision of a mental health professional in 127.31the implementation of rehabilitative mental health services as identified in the recipient's 127.32individual treatment plan who: 127.33    (i) is at least 21 years of age; 127.34    (ii) has a high school diploma or equivalent; 128.1    (iii) has successfully completed 30 hours of training during the past two years in all 128.2of the following areas: recipient rights, recipient-centered individual treatment planning, 128.3behavioral terminology, mental illness, co-occurring mental illness and substance abuse, 128.4psychotropic medications and side effects, functional assessment, local community 128.5resources, adult vulnerability, recipient confidentiality; and 128.6    (iv) meets the qualifications in subitem (A) or (B): 128.7    (A) has an associate of arts degree in one of the behavioral sciences or human 128.8services, or is a registered nurse without a bachelor's degree, or who within the previous 128.9ten years has: 128.10    (1) three years of personal life experience with serious and persistent mental illness; 128.11    (2) three years of life experience as a primary caregiver to an adult with a serious 128.12mental illness or traumatic brain injury; or 128.13    (3) 4,000 hours of supervised paid work experience in the delivery of mental health 128.14services to adults with a serious mental illness or traumatic brain injury; or 128.15    (B)(1) is fluent in the non-English language or competent in the culture of the 128.16ethnic group to which at least 20 percent of the mental health rehabilitation worker's 128.17clients belong; 128.18    (2) receives during the first 2,000 hours of work, monthly documented individual 128.19clinical supervision by a mental health professional; 128.20    (3) has 18 hours of documented field supervision by a mental health professional 128.21or practitioner during the first 160 hours of contact work with recipients, and at least six 128.22hours of field supervision quarterly during the following year; 128.23    (4) has review and cosignature of charting of recipient contacts during field 128.24supervision by a mental health professional or practitioner; and 128.25    (5) has 40 hours of additional continuing education on mental health topics during 128.26the first year of employment. 128.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2010. new text end 128.28    Sec. 138. Minnesota Statutes 2006, section 256B.0624, subdivision 5, is amended to 128.29read: 128.30    Subd. 5. Mobile crisis intervention staff qualifications. For provision of adult 128.31mental health mobile crisis intervention services, a mobile crisis intervention team is 128.32comprised of at least two mental health professionals as defined in section 245.462, 128.33subdivision 18 , clauses (1) to (5) new text begin (6) new text end , or a combination of at least one mental health 128.34professional and one mental health practitioner as defined in section 245.462, subdivision 128.3517 , with the required mental health crisis training and under the clinical supervision of 129.1a mental health professional on the team. The team must have at least two people with 129.2at least one member providing on-site crisis intervention services when needed. Team 129.3members must be experienced in mental health assessment, crisis intervention techniques, 129.4and clinical decision-making under emergency conditions and have knowledge of local 129.5services and resources. The team must recommend and coordinate the team's services 129.6with appropriate local resources such as the county social services agency, mental health 129.7services, and local law enforcement when necessary. 129.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2010. new text end 129.9    Sec. 139. Minnesota Statutes 2006, section 256B.0624, subdivision 8, is amended to 129.10read: 129.11    Subd. 8. Adult crisis stabilization staff qualifications. (a) Adult mental health 129.12crisis stabilization services must be provided by qualified individual staff of a qualified 129.13provider entity. Individual provider staff must have the following qualifications: 129.14    (1) be a mental health professional as defined in section 245.462, subdivision 18, 129.15clauses (1) to (5) new text begin (6) new text end ; 129.16    (2) be a mental health practitioner as defined in section 245.462, subdivision 17. 129.17The mental health practitioner must work under the clinical supervision of a mental health 129.18professional; or 129.19    (3) be a mental health rehabilitation worker who meets the criteria in section 129.20256B.0623, subdivision 5 , clause (3); works under the direction of a mental health 129.21practitioner as defined in section 245.462, subdivision 17, or under direction of a 129.22mental health professional; and works under the clinical supervision of a mental health 129.23professional. 129.24    (b) Mental health practitioners and mental health rehabilitation workers must have 129.25completed at least 30 hours of training in crisis intervention and stabilization during 129.26the past two years. 129.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2010. new text end 129.28    Sec. 140. Minnesota Statutes 2006, section 256B.0943, subdivision 1, is amended to 129.29read: 129.30    Subdivision 1. Definitions. For purposes of this section, the following terms have 129.31the meanings given them. 129.32    (a) "Children's therapeutic services and supports" means the flexible package of 129.33mental health services for children who require varying therapeutic and rehabilitative 130.1levels of intervention. The services are time-limited interventions that are delivered using 130.2various treatment modalities and combinations of services designed to reach treatment 130.3outcomes identified in the individual treatment plan. 130.4    (b) "Clinical supervision" means the overall responsibility of the mental health 130.5professional for the control and direction of individualized treatment planning, service 130.6delivery, and treatment review for each client. A mental health professional who is an 130.7enrolled Minnesota health care program provider accepts full professional responsibility 130.8for a supervisee's actions and decisions, instructs the supervisee in the supervisee's work, 130.9and oversees or directs the supervisee's work. 130.10    (c) "County board" means the county board of commissioners or board established 130.11under sections 402.01 to 402.10 or 471.59. 130.12    (d) "Crisis assistance" has the meaning given in section 245.4871, subdivision 9a. 130.13    (e) "Culturally competent provider" means a provider who understands and can 130.14utilize to a client's benefit the client's culture when providing services to the client. A 130.15provider may be culturally competent because the provider is of the same cultural or 130.16ethnic group as the client or the provider has developed the knowledge and skills through 130.17training and experience to provide services to culturally diverse clients. 130.18    (f) "Day treatment program" for children means a site-based structured program 130.19consisting of group psychotherapy for more than three individuals and other intensive 130.20therapeutic services provided by a multidisciplinary team, under the clinical supervision 130.21of a mental health professional. 130.22    (g) "Diagnostic assessment" has the meaning given in section 245.4871, subdivision 130.2311 . 130.24    (h) "Direct service time" means the time that a mental health professional, mental 130.25health practitioner, or mental health behavioral aide spends face-to-face with a client 130.26and the client's family. Direct service time includes time in which the provider obtains 130.27a client's history or provides service components of children's therapeutic services and 130.28supports. Direct service time does not include time doing work before and after providing 130.29direct services, including scheduling, maintaining clinical records, consulting with others 130.30about the client's mental health status, preparing reports, receiving clinical supervision 130.31directly related to the client's psychotherapy session, and revising the client's individual 130.32treatment plan. 130.33    (i) "Direction of mental health behavioral aide" means the activities of a mental 130.34health professional or mental health practitioner in guiding the mental health behavioral 130.35aide in providing services to a client. The direction of a mental health behavioral aide 131.1must be based on the client's individualized treatment plan and meet the requirements in 131.2subdivision 6, paragraph (b), clause (5). 131.3    (j) "Emotional disturbance" has the meaning given in section 245.4871, subdivision 131.415 . For persons at least age 18 but under age 21, mental illness has the meaning given in 131.5section 245.462, subdivision 20, paragraph (a). 131.6    (k) "Individual behavioral plan" means a plan of intervention, treatment, and 131.7services for a child written by a mental health professional or mental health practitioner, 131.8under the clinical supervision of a mental health professional, to guide the work of the 131.9mental health behavioral aide. 131.10    (l) "Individual treatment plan" has the meaning given in section 245.4871, 131.11subdivision 21 . 131.12    (m) "Mental health professional" means an individual as defined in section 245.4871, 131.13subdivision 27 , clauses (1) to (5) new text begin (6) new text end , or tribal vendor as defined in section 256B.02, 131.14subdivision 7 , paragraph (b). 131.15    (n) "Preschool program" means a day program licensed under Minnesota Rules, 131.16parts 9503.0005 to 9503.0175, and enrolled as a children's therapeutic services and 131.17supports provider to provide a structured treatment program to a child who is at least 33 131.18months old but who has not yet attended the first day of kindergarten. 131.19    (o) "Skills training" means individual, family, or group training designed to improve 131.20the basic functioning of the child with emotional disturbance and the child's family in the 131.21activities of daily living and community living, and to improve the social functioning of the 131.22child and the child's family in areas important to the child's maintaining or reestablishing 131.23residency in the community. Individual, family, and group skills training must: 131.24    (1) consist of activities designed to promote skill development of the child and the 131.25child's family in the use of age-appropriate daily living skills, interpersonal and family 131.26relationships, and leisure and recreational services; 131.27    (2) consist of activities that will assist the family's understanding of normal child 131.28development and to use parenting skills that will help the child with emotional disturbance 131.29achieve the goals outlined in the child's individual treatment plan; and 131.30    (3) promote family preservation and unification, promote the family's integration 131.31with the community, and reduce the use of unnecessary out-of-home placement or 131.32institutionalization of children with emotional disturbance. 131.33 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2010. new text end 131.34    Sec. 141. Minnesota Statutes 2006, section 256J.08, subdivision 73a, is amended to 131.35read: 132.1    Subd. 73a. Qualified professional. (a) For physical illness, injury, or incapacity, 132.2a "qualified professional" means a licensed physician, a physician's assistant, a nurse 132.3practitioner, or a licensed chiropractor. 132.4    (b) For developmental disability and intelligence testing, a "qualified professional" 132.5means an individual qualified by training and experience to administer the tests necessary 132.6to make determinations, such as tests of intellectual functioning, assessments of adaptive 132.7behavior, adaptive skills, and developmental functioning. These professionals include 132.8licensed psychologists, certified school psychologists, or certified psychometrists working 132.9under the supervision of a licensed psychologist. 132.10    (c) For learning disabilities, a "qualified professional" means a licensed psychologist 132.11or school psychologist with experience determining learning disabilities. 132.12    (d) For mental health, a "qualified professional" means a licensed physician or a 132.13qualified mental health professional. A "qualified mental health professional" means: 132.14    (1) for children, in psychiatric nursing, a registered nurse who is licensed under 132.15sections 148.171 to 148.285, and who is certified as a clinical specialist in child 132.16and adolescent psychiatric or mental health nursing by a national nurse certification 132.17organization or who has a master's degree in nursing or one of the behavioral sciences 132.18or related fields from an accredited college or university or its equivalent, with at least 132.194,000 hours of post-master's supervised experience in the delivery of clinical services in 132.20the treatment of mental illness; 132.21    (2) for adults, in psychiatric nursing, a registered nurse who is licensed under 132.22sections 148.171 to 148.285, and who is certified as a clinical specialist in adult psychiatric 132.23and mental health nursing by a national nurse certification organization or who has a 132.24master's degree in nursing or one of the behavioral sciences or related fields from an 132.25accredited college or university or its equivalent, with at least 4,000 hours of post-master's 132.26supervised experience in the delivery of clinical services in the treatment of mental illness; 132.27    (3) in clinical social work, a person licensed as an independent clinical social worker 132.28under chapter 148D, or a person with a master's degree in social work from an accredited 132.29college or university, with at least 4,000 hours of post-master's supervised experience in 132.30the delivery of clinical services in the treatment of mental illness; 132.31    (4) in psychology, an individual licensed by the Board of Psychology under sections 132.32148.88 to 148.98, who has stated to the Board of Psychology competencies in the 132.33diagnosis and treatment of mental illness; 132.34    (5) in psychiatry, a physician licensed under chapter 147 and certified by the 132.35American Board of Psychiatry and Neurology or eligible for board certification in 132.36psychiatry; and 133.1    (6) in marriage and family therapy, the mental health professional must be a 133.2marriage and family therapist licensed under sections 148B.29 to 148B.39, with at least 133.3two years of post-master's supervised experience in the delivery of clinical services in the 133.4treatment of mental illness new text begin ; and new text end 133.5     new text begin (7) in licensed professional clinical counseling, the mental health professional must new text end 133.6 new text begin be a licensed professional clinical counselor under section 148B.5301 new text end . 133.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2010. new text end 133.8    Sec. 142. new text begin APPLICABILITY OF RULES. new text end 133.9     new text begin Minnesota Rules, parts 5601.0100 to 5601.3200, apply both to physical therapists new text end 133.10 new text begin and physical therapist assistants, except parts 5601.1200; 5601.1300; 5601.1800; new text end 133.11 new text begin 5601.1900; 5601.2000; 5601.3200, subpart 2, item D; and 5601.3200, subpart 5, only new text end 133.12 new text begin apply to physical therapists. new text end 133.13    Sec. 143. new text begin APPROPRIATIONS. new text end 133.14     new text begin $10,000 is appropriated in fiscal year 2008 and $5,000 is appropriated in fiscal year new text end 133.15 new text begin 2009 from the state government special revenue fund to the commissioner of health for the new text end 133.16 new text begin purpose of the examination procedures for individuals operating x-ray equipment. new text end 133.17    Sec. 144. new text begin REPEALER. new text end 133.18 new text begin (a) new text end new text begin Minnesota Statutes 2006, sections 148.691, subdivision 3; 148.71, subdivision 1; new text end 133.19 new text begin 148.72; 148.745; and 148.775, new text end new text begin are repealed. new text end 133.20 new text begin (b) Minnesota Statutes 2006, sections 148D.001; 148D.010; 148D.015; 148D.020; new text end 133.21 new text begin 148D.025; 148D.030; 148D.035; 148D.040; 148D.045; 148D.050; 148D.055; 148D.060; new text end 133.22 new text begin 148D.065; 148D.070; 148D.075; 148D.080; 148D.085; 148D.090; 148D.095; 148D.100; new text end 133.23 new text begin 148D.105; 148D.110; 148D.115; 148D.120; 148D.125; 148D.130; 148D.135; 148D.140; new text end 133.24 new text begin 148D.145; 148D.150; 148D.155; 148D.160; 148D.165; 148D.170; 148D.175; 148D.180; new text end 133.25 new text begin 148D.185; 148D.190; 148D.195; 148D.200; 148D.205; 148D.210; 148D.215; 148D.220; new text end 133.26 new text begin 148D.225; 148D.230; 148D.235; 148D.240; 148D.245; 148D.250; 148D.255; 148D.260; new text end 133.27 new text begin 148D.265; 148D.270; 148D.275; 148D.280; 148D.285; and 148D.290, new text end new text begin are repealed new text end 133.28 new text begin effective August 1, 2011. new text end 133.29 new text begin (c) new text end new text begin Minnesota Rules, parts 2500.0500; 5601.0200; 5601.0300; 5601.0400; new text end 133.30 new text begin 5601.0500; 5601.0600; 5601.0700; 5601.0800; 5601.1400; 5601.1500; 5601.1600; new text end 133.31 new text begin 5601.2800; 5601.2900; 5601.3000; 5601.3105; 5601.3110; 5601.3115; 5601.3120; new text end 133.32 new text begin 5601.3125; 5601.3130; 5601.3135; 5601.3140; 5601.3145; 5601.3150; 5601.3155; new text end 133.33 new text begin 5601.3160; and 5601.3165, new text end new text begin are repealed. new text end 134.1    Sec. 145. new text begin EFFECTIVE DATE. new text end 134.2     new text begin Sections 64 to 122 are effective August 1, 2011. new text end