1.1A bill for an act1.2relating 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 (a) After January 1, 2008, an 2.13individual in a facility with x-ray equipment for use on humans that is registered under 2.14subdivision 1 may not operate, nor may the facility allow the individual to operate, x-ray 2.15equipment unless the individual has passed a national examination for limited x-ray 2.16machine operators that meets the requirements of paragraphs (b) and (c) and is approved 2.17by the commissioner of health.2.18    (b) The commissioner shall establish criteria for the approval of examinations 2.19based on national standards, such as the examination in radiography from the American 2.20Registry of Radiologic Technologists, the examination for limited scope of practice in 2.21radiography from the American Registry of Radiologic Technologists for limited x-ray 2.22machine operators, and the American Registry of Chiropractic Radiography Technologists 2.23for limited radiography in spines and extremities; or equivalent examinations approved 2.24by other states. Equivalent examinations may be approved by the commissioner, if 2.25the examination is consistent with the standards for educational and psychological 2.26testing as recommended by the American Education Research Association, the American 2.27Psychological Association, the National Council on Measurement in Education, or the 2.28National Commission for Certifying Agencies. The organization proposing the use of an 2.29equivalent examination shall submit a fee to the commissioner of $1,000 per examination 2.30to cover the cost of determining the extent to which the examination meets the examining 2.31standards. The collected fee shall be deposited in the state treasury and credited to the 2.32state government special revenue fund.2.33    (c) The examination for limited x-ray machine operators must include:2.34    (1) radiation protection, equipment maintenance and operation, image production 2.35and evaluation, and patient care and management; and3.1    (2) at least one of the following regions of the human anatomy: chest, extremities, 3.2skull and sinus, spine, or ankle and foot. The examinations must include the anatomy of, 3.3and positioning for, the specific regions.3.4    (d) A limited x-ray operator who is required to take an examination under this 3.5subdivision must submit to the commissioner an application for the examination, a $25 3.6processing fee, and the required examination fee set by the national organization offering 3.7the examination. The processing fee and the examination fee shall be deposited in the state 3.8treasury and credited to the state government special revenue fund. The commissioner 3.9shall submit the fee to the national organization providing the examination.3.10EFFECTIVE DATE.This section is effective January 1, 2008.3.11    Sec. 2. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision 3.12to read:3.13    Subd. 5a.Limited x-ray machine operator practice.(a) A limited x-ray operator 3.14may only practice medical radiography on limited regions of the human anatomy for 3.15which the operator has successfully passed an examination identified in subdivision 5, 3.16unless the operator meets one of the exemptions described in paragraph (b). The operator 3.17may practice using only routine radiographic procedures, for the interpretation by and 3.18under the direction of a licensed practitioner, excluding computed tomography, the use of 3.19contrast media, and the use of fluoroscopic or mammographic equipment.3.20    (b) This subdivision does not apply to:3.21    (1) limited x-ray machine operators who passed the examination that was required 3.22before January 1, 2008;3.23    (2) certified radiologic technologists, licensed dental hygienists, registered dental 3.24assistants, certified registered nurse anesthetists, and registered physician assistants; 3.25    (3) individuals who are licensed in Minnesota to practice medicine, osteopathy, 3.26chiropractic, podiatry, or dentistry; and3.27    (4) individuals who are participating in a training course in any of the occupations 3.28listed in clause (2) or (3) for the duration and within the scope of the training course.3.29EFFECTIVE DATE.This section is effective January 1, 2008.3.30    Sec. 3. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision 3.31to read:3.32    Subd. 5c.Exemptions.X-ray machine operators who have met current regulations 3.33adopted by the commissioner prior to January 1, 2008, are exempt from the requirements 4.1of subdivisions 5 to 5e, but must meet the continuing education requirements provided in 4.2subdivision 5f. Subdivisions 5 to 5f do not apply to dental hygienists, dental assistants, 4.3certified registered nurse anesthetists, and individuals that are licensed in the state of 4.4Minnesota to practice medicine, osteopathy, chiropractics, podiatry, and dentistry.4.5EFFECTIVE DATE.This section is effective January 1, 2008.4.6    Sec. 4. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision 4.7to read:4.8    Subd. 5d.Procedures.The commissioner shall adopt by rule procedures to be 4.9followed for examinations.4.10EFFECTIVE DATE.This section is effective January 1, 2008.4.11    Sec. 5. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision 4.12to read:4.13    Subd. 5e.Variance of scope and practice.The commissioner may grant a variance 4.14according to Minnesota Rules, parts 4717.7000 to 4717.7050, to a facility for the scope of 4.15practice of an x-ray operator in cases where the delivery of health care would otherwise be 4.16compromised if a variance were not granted. The request for a variance must be in writing, 4.17state the circumstances that constitute hardship, state the period of time the facility wishes 4.18to have the variance for the scope of practice in place, and state the alternative measures 4.19that will be taken if the variance is granted. The commissioner shall set forth in writing 4.20the reasons for granting or denying the variance. Variances granted by the commissioner 4.21specify in writing the time limitation and required alternative measures to be taken 4.22by the facility. A request for the variance shall be denied if the commissioner finds the 4.23circumstances stated by the facility do not support a claim of hardship, the requested time 4.24period for the variance is unreasonable, the alternative measures proposed by the facility 4.25are not equivalent to the scope of practice, or the request for the variance is not submitted 4.26to the commissioner in a timely manner.4.27EFFECTIVE DATE.This section is effective January 1, 2008.4.28    Sec. 6. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision 4.29to read:4.30    Subd. 5f.Continuing education requirements.The commissioner shall approve 4.31continuing education programs for limited x-ray operators that offer x-ray-specific courses 4.32including, but not limited to, courses offered online. A limited x-ray operator shall 5.1complete four hours of continuing education during every two-year period and pay a $20 5.2fee every two years in order to remain certified. The first two-year period ends January 5.31, 2010. A limited x-ray operator who is out of compliance shall be given three months 5.4to comply with this subdivision. After that three-month period, an individual who is out 5.5of compliance shall be required to take an examination, as provided in subdivision 5, 5.6in order to be recertified.5.7    Sec. 7. Minnesota Statutes 2006, section 147.02, is amended by adding a subdivision 5.8to read:5.9    Subd. 1b.Examination extension; medical reasons.The board may grant an 5.10extension to the time period and to the number of attempts permitted to pass the United 5.11States Medical Licensing Examination (USMLE) as specified in subdivision 1, paragraph 5.12(c), clause (2), if an applicant has been diagnosed with a medical illness during the process 5.13of taking the USMLE but before passage of all steps, or fails to pass a step within three 5.14attempts due to the applicant's medical illness. Proof of the medical illness must be 5.15submitted to the board on forms and according to the timelines of the board.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 may 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 allowed 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; or6.16    (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; or6.30    (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.7.7EFFECTIVE DATE.This section is effective the day following final enactment.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 
         148.018.13to 
         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; and11.24    (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 for speech-language pathology 11.27applicants. (a) An applicant for speech-language pathology 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 or letter from the academic department chair evidencing completion 11.31of course workcoursework equivalent to, or exceeding, a master's degree that meets 11.32the requirement of paragraph (b).11.33    (b) All of the speech-language pathology 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    Subd. 2a.Masters or doctoral degree required for audiology applicants.An 12.8applicant for audiology must possess a masters degree or doctoral degree that meets the 12.9following requirements:12.10    (1) if graduate training is completed prior to August 30, 2007, an audiology applicant 12.11must possess a masters or doctoral degree in audiology from an accredited educational 12.12institution; or12.13    (2) if graduate training is completed after August 30, 2007, an audiology applicant 12.14must possess a doctoral degree with an emphasis in audiology, or its equivalent as 12.15determined by the commissioner, from an accredited educational institution.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 licensed by the 12.18board 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,person licensed by the board who provides physical therapy under the 12.25direction and supervision of thea physical therapist, and who performs physical therapy 12.26interventions and assists with coordination, communication, and documentation;, 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    Subd. 8.Licensee."Licensee" means a person licensed as a physical therapist 13.2or a physical therapist assistant.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 and physical therapist assistants. The 13.7board shall consist of nine members, citizens and residents of the state of Minnesota, 13.8composed of fourfive physical therapists, one licensed and registered doctor of medicine, 13.9onetwo physical therapy assistanttherapist assistants, and three public members. The four 13.10physical therapist members and the physical therapist assistant members must be licensed 13.11physical therapists in this state. Each of the four physical therapist members mustand 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 renewal of licensure;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; and13.29    (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 met all requirements 13.32for licensure as a physical therapist or physical therapist assistant.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    Subdivision 1.Form; fee. An applicant for licensinglicensure as a physical 14.7therapist or physical therapist assistant shall filesubmit a written application on forms 14.8provided by the board together with athe appropriate fee in the amount set by the board. 14.9No portion of the fee is refundable. No applicant will be approved to sit for the national 14.10examination until the application is complete, as determined by the board.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; and14.14    (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    Subd. 2.Contents of application.(a) The application must include the following 14.21information:14.22    (1) evidence satisfactory to the board that the applicant has met the educational 14.23requirements of section 148.721 or 148.722 as demonstrated by a certified copy of a 14.24transcript;14.25    (2) recommendations by two physical therapists registered or licensed to practice 14.26physical therapy in the United States or Canada attesting to the applicant's ethical and 14.27moral character;14.28    (3) a recent full-face photograph of the applicant attached to the application with the 14.29affidavit on the form completed and notarized;14.30    (4) a record of the applicant's high school, college, and board-approved physical 14.31therapy school education listing the names, locations, dates of attendance, and diplomas, 14.32degrees, or certificates awarded;14.33    (5) a record of the applicant's postgraduate work and military service;14.34    (6) a listing of the United States jurisdictions, and countries in which the applicant is 14.35currently licensed or registered, or has been in the past, including the applicant's license or 15.1registration certificate number, the date the license or registration was obtained, and the 15.2method by which the license or registration was received;15.3    (7) a record of the applicant's current and previous physical therapy practice 15.4experience;15.5    (8) a record of disciplinary action taken on past complaints, refusal of licensure or 15.6registration, or denial of examination eligibility by another state board or physical therapy 15.7society against the applicant;15.8    (9) a record of the applicant's personal use or administration of any controlled 15.9substances and any treatment for alcohol or drug abuse;15.10    (10) a record by the applicant of any disease, illness, or injury that impairs the 15.11applicant's ability to practice physical therapy;15.12    (11) a record of any convictions for crimes related to the practice of physical therapy, 15.13felonies, gross misdemeanors, and crimes involving moral turpitude;15.14    (12) a listing of any memberships in a physical therapy professional association;15.15    (13) the applicant's name and address;15.16    (14) the applicant's Social Security number, alien registration card number, or tax 15.17identification number, whichever is applicable;15.18    (15) completed copies of credentials verification forms provided by the board; and15.19    (16) any information deemed necessary by the board to evaluate the applicant.15.20    (b) A person who has previously practiced in another state shall submit the following 15.21information for the five-year period of active practice preceding the date of filing 15.22application in this state:15.23    (1) the name and address of the person's professional liability insurer in the other 15.24state; and15.25    (2) the number, date, and disposition of any malpractice settlement or award made 15.26to a plaintiff relating to the quality of services provided.15.27    Sec. 22. Minnesota Statutes 2006, section 148.706, is amended to read:15.28148.706 SUPERVISION OF PHYSICAL THERAPIST ASSISTANTS, AIDES, 15.29AND STUDENTS.15.30    Subdivision 1.Supervision. 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 subdivision 2. 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. A licensed physical therapist may supervise no more 16.4than two physical therapist assistants at any time.16.5    Subd. 2.Delegation of duties.The physical therapist may delegate patient 16.6treatment procedures only to a physical therapist assistant who has sufficient didactic and 16.7clinical preparation. The physical therapist may not delegate the following activities to the 16.8physical therapist assistant or to other supportive personnel: patient evaluation, treatment 16.9planning, initial treatment, change of treatment, and initial or final documentation.16.10    Subd. 3.Observation of physical therapist assistants.When components of a 16.11patient's treatment are delegated to a physical therapist assistant, a physical therapist must 16.12provide on-site observation of the treatment and documentation of its appropriateness at 16.13least every six treatment sessions. The physical therapist is not required to be on-site, but 16.14must be easily available by telecommunications.16.15    Subd. 4.Observation of physical therapy aides.The physical therapist must 16.16observe the patient's status before and after the treatment administered by a physical 16.17therapy aide. The physical therapy aide may perform tasks related to preparation of patient 16.18and equipment for treatment, housekeeping, transportation, clerical duties, departmental 16.19maintenance, and selected treatment procedures. The tasks must be performed under the 16.20direct supervision of a physical therapist who is readily available for advice, instruction, 16.21or immediate assistance.16.22    Sec. 23. Minnesota Statutes 2006, section 148.71, is amended to read:16.23148.71 LICENSING TEMPORARY PERMITS.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 148.65 to 148.78 for licensing as a physical 16.27therapist and who is otherwise qualified as required in sections 148.65 to 148.78. 16.28    Subd. 2. Temporary permit Issuance. (a) The board may, upon completion of 16.29the application prescribed by the board and 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 therapyan applicant for licensure as a 16.32physical therapist or physical therapist assistant who meets the educational requirements 16.33of section 148.721 or 148.722 and qualified for admission to examination for licensing as 16.34a physical therapist or physical therapist assistant. 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 therapistAn applicant 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-trainedForeign-educated physical therapists; temporary 17.15permits. (a) The Board of Physical Therapy may issue a temporary permit to a 17.16foreign-trainedforeign-educated 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 
         148.705 and Minnesota Rules, part 5601.0800, subpart 2 148.721, and has 17.21provided to the board a Foreign Credentialing Commission on Physical Therapy 17.22(FCCPT) comprehensive credentials evaluation (Type I certificate) or FCCPT educational 17.23credentials review demonstrating completion of the program; 17.24    (3) has achieved a passing score of at least 550according to section 148.725, 17.25subdivision 3, on the test of English as a foreign language or a score of at least 85 on 17.26the Minnesota battery test an alternate equivalent examination, as determined by the 17.27board; and17.28    (4) has paid a nonrefundable fee set by the board.17.29    A foreign-trainedforeign-educated 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-trainedforeign-educated 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; and18.3    (5) be approved by the board before the foreign-trainedforeign-educated 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-trainedforeign-educated 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-trainedforeign-educated 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-trainedforeign-educated 18.17applicant who has been issued a temporary permit for longer than six months in any 18.18other state.18.19    Sec. 24. [148.721] EDUCATIONAL REQUIREMENTS FOR LICENSED 18.20PHYSICAL THERAPIST.18.21    Subdivision 1.Accredited program.All applicants for licensure as a physical 18.22therapist must complete a course in physical therapy education accredited by the 18.23Commission on Accreditation in Physical Therapy Education (CAPTE) or which meets 18.24the accreditation requirements of CAPTE, as determined by the board.18.25    Subd. 2.General education.In addition to completion of the accredited program 18.26required in subdivision 1, applicants must complete an additional 60 academic semester 18.27credits or its quarter equivalent from an institution of higher education that is accredited 18.28by a regional accrediting organization. Coursework used to satisfy this requirement may 18.29not have been earned as part of the accredited program requirement of subdivision 1.18.30    Sec. 25. [148.722] EDUCATIONAL REQUIREMENTS FOR LICENSED 18.31PHYSICAL THERAPIST ASSISTANT.18.32    All applicants for licensure as a physical therapist assistant must graduate from 18.33a physical therapist assistant educational program accredited by the Commission 19.1on Accreditation in Physical Therapy Education (CAPTE) or meet its standards, as 19.2determined by the board.19.3    Sec. 26. [148.723] EXAMINATION FOR LICENSED PHYSICAL THERAPIST.19.4    Subdivision 1.National test.All applicants for licensure as a physical therapist 19.5must take and pass the National Physical Therapy Examination (NPTE) administered by 19.6the Federation of State Boards of Physical Therapy (FSBPT) or an alternate national 19.7examination determined by the board to be equivalent. For purposes of this section, 19.8passing scores are defined in subdivisions 2 and 3.19.9    Subd. 2.Examinations taken on or before July 1, 1995.The passing score for 19.10qualifying examinations taken prior to July 1, 1995, is one standard deviation below the 19.11mean of all persons taking the examination.19.12    Subd. 3.Examinations taken after July 1, 1995.The passing score for qualifying 19.13examinations taken after July 1, 1995, shall be based on objective, numerical standards 19.14established by the administering testing agency.19.15    Sec. 27. [148.724] EXAMINATION FOR LICENSED PHYSICAL THERAPIST 19.16ASSISTANT.19.17    Subdivision 1.National test.All applicants for licensure as a physical therapist 19.18assistant must take and pass the National Physical Therapy Examination (NPTE) for 19.19physical therapist assistants administered by the Federation of State Boards of Physical 19.20Therapy (FSBPT) or an alternate national examination determined by the board to be 19.21equivalent. For purposes of this section, passing scores are defined in subdivisions 2 to 4.19.22    Subd. 2.Examinations taken on or before July 1, 1995.The passing score for 19.23qualifying examinations taken prior to July 1, 1995, is one standard deviation below the 19.24mean of all persons taking the examination.19.25    Subd. 3.Examinations taken after July 1, 1995.The passing score for qualifying 19.26examinations taken after July 1, 1995, shall be based on objective, numerical standards 19.27established by the administering testing agency.19.28    Subd. 4.Grandparenting provision.Applicants for licensure as a physical 19.29therapist assistant who meet the educational requirements of section 148.722 prior to 19.30September 1, 2007, are not required to take and pass the examination required by this 19.31section. This provision expires on July 1, 2008.19.32    Sec. 28. [148.725] REQUIREMENTS FOR FOREIGN-EDUCATED 19.33APPLICANTS.20.1    Subdivision 1.Scope and documentation.An applicant for licensure who is a 20.2foreign-educated physical therapist must fulfill the requirements in subdivisions 2 to 5, 20.3providing certified English translations of board-required relevant documentation.20.4    Subd. 2.Education evaluation.The applicant must present evidence of completion 20.5of physical therapy schooling equivalent to that required in section 148.721 by having a 20.6Type I comprehensive credentials evaluation or educational credentials review performed 20.7by the Foreign Credentialing Commission on Physical Therapy (FCCPT). The evaluation 20.8must be sent directly to the board from the FCCPT. The applicant shall be responsible for 20.9the expenses incurred as a result of the evaluation.20.10    Subd. 3.English test.If not completed as part of the FCCPT Type I comprehensive 20.11credentials evaluation, the applicant must demonstrate English language proficiency by 20.12taking the test of English as a foreign language examination (TOEFL) and achieving a 20.13passing score as established by the board, or a passing score on a comparable nationally 20.14recognized examination approved by the board. For purposes of this subdivision, the 20.15passing score adopted by the board shall be applied prospectively.20.16    Subd. 4.Experience.The applicant must have practiced satisfactorily for at least 20.17six months under the supervision of a licensed physical therapist at a board-approved 20.18facility. A facility that offers such practice must provide a broad base of experience 20.19including a variety of physical agents, therapeutic exercises, evaluation procedures, and 20.20patient diagnoses. Supervision must be provided by a licensed physical therapist with at 20.21least three years of clinical experience. A proposed outline of clinical experiences must be 20.22approved by the board before the facility begins offering the experience.20.23    Subd. 5.Examination.The applicant must satisfactorily complete the 20.24board-approved examination as stated in section 148.72 or 148.73.20.25    Sec. 29. Minnesota Statutes 2006, section 148.73, is amended to read:20.26148.73 RENEWALS.20.27    Every licensed physical therapist and physical therapist assistant shall, during each 20.28January before January 1 each year, 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. For purposes of this section, the continuing education 20.32requirements for physical therapist assistants are the same as those for physical therapists.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 or physical 21.2therapist assistant 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 or physical therapist assistant 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 or physical therapist 21.11assistant who has been granted board approval for license cancellation desires to resume 21.12the practice of physical therapy in Minnesota, that physical therapist or physical therapist 21.13assistant 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, or physical 21.17therapist assistant 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 148.65 to 21.32148.78 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 148.65 to 148.78.22.1    Sec. 33. Minnesota Statutes 2006, section 148.75, is amended to read:22.2148.75 LICENSES; DENIAL, SUSPENSION, REVOCATION DISCIPLINARY 22.3ACTION.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 may impose disciplinary action specified in paragraph (b) against an 22.7applicant or licensee whom the board, by a preponderance of the evidence, determines: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    (1) has violated a statute, rule, order, or agreement for corrective action that the 22.12board issued or is otherwise authorized or empowered to enforce;22.13    (2) is unable to practice physical therapy with reasonable skill and safety by reason 22.14of any mental or physical illness or condition, including deterioration through the aging 22.15process or loss of motor skills, or use of alcohol, drugs, narcotics, chemicals, or any 22.16other type of material;22.17    (3) has been convicted of or has pled guilty or nolo contendere to a felony or other 22.18crime, an element of which is dishonesty or fraud, or has been shown to have engaged 22.19in acts or practices tending to show that the applicant or licensee is incompetent or has 22.20engaged in conduct reflecting adversely on the applicant's or licensee's ability or fitness to 22.21engage in the practice of physical therapy;22.22    (3) conviction for(4) has been convicted of violating any state or federal narcotic 22.23law;22.24    (4) obtaining(5) has obtained or attempted to obtain a license or attempting to 22.25obtain a license or approval of continuing education activities, or passed an examination,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    (6) has engaged in unprofessional conduct or any other conduct which has the 22.30potential for causing harm to the public, including any departure from or failure to 22.31conform to the minimum standards of acceptable and prevailing practice without actual 22.32injury having to be established;22.33    (6)(7) has engaged in gross negligence in the practice of physical therapy as a 22.34physical therapist;22.35    (7) treating(8) has treated 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(9) has treated 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(10) has failed 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 delegationhas inappropriately delegated to a physical therapist 23.17assistant or inappropriate task assignmentinappropriately assigned tasks to an aide, or 23.18inadequate supervision ofinadequately supervised a student physical therapist, physical 23.19therapist assistant, student physical therapist assistant, or a physical therapy aide;23.20    (12) practicinghas practiced  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) failinghas failed 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) dividinghas divided  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) engaginghas engaged 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 failinghas failed 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) failinghas failed to report to the board other licensed physical therapists24.2licensees who violate this section; and24.3    (18) practicinghas engaged in the practice of physical therapy under lapsed or 24.4nonrenewed credentials.;24.5    (19) has had a license, certificate, charter, registration, privilege to take an 24.6examination, or other similar authority denied, revoked, suspended, canceled, limited, 24.7reprimanded, or otherwise disciplined, or not renewed for cause in any jurisdiction; or has 24.8surrendered or voluntarily terminated a license or certificate during a board investigation 24.9of a complaint, as part of a disciplinary order, or while under a disciplinary order;24.10    (20) has been subject to a corrective action or similar action in another jurisdiction 24.11or by another regulatory authority; or24.12    (21) has failed to cooperate with an investigation of the board, including responding 24.13fully and promptly to any question raised by or on behalf of the board relating to the 24.14subject of the investigation, executing all releases requested by the board, providing copies 24.15of patient records, as reasonably requested by the board to assist it in its investigation, and 24.16appearing at conferences or hearings scheduled by the board or its staff.24.17    (b) If grounds for disciplinary action exist under paragraph (a), the board may take 24.18one or more of the following actions:24.19    (1) deny the application for licensure;24.20    (2) deny the renewal of the license;24.21    (3) revoke the license;24.22    (4) suspend the license;24.23    (5) impose limitations or conditions on the licensee's practice of physical therapy, 24.24including the: (i) limitation of scope of practice to designated field specialties; (ii) 24.25imposition of retraining or rehabilitation requirements; (iii) requirement of practice under 24.26supervision; or (iv) conditioning of continued practice on demonstration of knowledge or 24.27skills by appropriate examination, monitoring, or other review of skill and competence;24.28    (6) impose a civil penalty not to exceed $10,000 for each separate violation, 24.29the amount of the civil penalty to be fixed so as to deprive the physical therapist of 24.30any economic advantage gained by reason of the violation charged, to discourage 24.31similar violations, or to reimburse the board for the cost of the investigation and 24.32proceeding including, but not limited to, fees paid for services provided by the Office of 24.33Administrative Hearings, legal and investigative services provided by the Office of the 24.34Attorney General, court reporters, witnesses, reproduction of records, board members' 24.35per diem compensation, board staff time, and travel costs and expenses incurred by board 24.36staff and board members;25.1    (7) order the licensee to provide unremunerated service;25.2    (8) censure or reprimand the licensee; or25.3    (9) any other action as allowed by law and justified by the facts of the case.25.4    (b)(c) A license to practice as a physical therapist or physical therapist assistant is 25.5automatically suspended if (1) a guardian of the physical therapistlicensee 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 licensee; or (2) the physical therapistlicensee is 25.8committed by order of a court pursuant to chapter 253B. The license remains suspended 25.9until the physical therapistlicensee is restored to capacity by a court and, upon petition 25.10by the physical therapist licensee, 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 therapistlicensee 25.15comes under section 
         148.75, paragraph (a), clause (2), it may direct the physical therapist25.16licensee to submit to a mental or physical examination. For the purpose of this paragraph, 25.17every physical therapistlicensee 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 therapistlicensee 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 therapistlicensee 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 therapistlicensee 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 25.34therapistlicensee or applicant without the person's or applicant's consent if the board has 25.35probable cause to believe that a physical therapistthe person 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 therapistlicensee if the board finds that the 26.14physical therapistlicensee has violated a statute or rule which the board is empowered to 26.15enforce and continued practice by the physical therapistlicensee would create a serious 26.16risk of harm to the public. The suspension shall take effect upon written notice to the 26.17physical therapist licensee, 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 therapist26.21licensee 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 or 26.27physical therapist assistant under sections 
         148.65 to 
         148.78; 26.28    (2) use the title of physical therapist without a license as a physical therapist or use 26.29the title physical therapist assistant without a license as a physical therapist assistant26.30issued 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    (4) in any manner hold out as a physical therapist assistant, or use in connection with 27.4the person's name the words or letters Physical Therapist Assistant, P.T.A., or any letters, 27.5words, abbreviations, or insignia indicating or implying that the person is a physical 27.6therapist assistant, without a license as a physical therapist assistant under sections 148.65 27.7to 148.78. To do so is a gross misdemeanor; or27.8    (4)(5) employ fraud or deception in applying for or securing a license as a physical 27.9therapist or physical therapist assistant.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 or physical therapist assistant, but shall be a matter of 27.18defense to be established by the accused. 27.19    Sec. 38. [148.785] FEES.27.20    The fees charged by the board are fixed at the following rates:27.21    (1) application fee for physical therapists and physical therapist assistants, $100;27.22    (2) annual licensure for physical therapists and physical therapist assistants, $60;27.23    (3) licensure renewal late fee, $20;27.24    (4) temporary permit, $25;27.25    (5) duplicate license or registration, $20;27.26    (6) certification letter, $25;27.27    (7) education or training program approval, $100;27.28    (8) report creation and generation, $60 per hour billed in quarter-hour increments 27.29with a quarter-hour minimum; and27.30    (9) examination administration:27.31    (i) half day, $50; and27.32    (ii) full day, $80.27.33    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; and28.10    (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; and29.1    (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 workcourse work 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; and29.22    (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) - $25030.2$150;30.3    (2) initial license fee for LPC - $250;30.4    (3) annual active license renewal fee for LPC - $200 $250 or equivalent;30.5    (3)(4) annual inactive license renewal fee for LPC - $100 $125;30.6    (5) initial license application fee for licensed professional clinical counseling 30.7(LPCC) - $150;30.8    (6) initial license fee for LPCC - $250;30.9    (7) annual active license renewal fee for LPCC - $250 or equivalent;30.10    (8) annual inactive license renewal fee for LPCC - $125;30.11    (4)(9)  license renewal late fee - $100 per month or portion thereof;30.12    (5)(10) copy of board order or stipulation - $10;30.13    (6)(11) certificate of good standing or license verification - $10 $25;30.14    (7)(12) duplicate certificate fee - $10 $25;30.15    (8)(13) professional firm renewal fee - $25;30.16    (9)(14) sponsor application for approval of a continuing education course - $60;30.17    (15) initial registration fee - $50; and30.18    (10)(16) annual registration renewal fee - $25; and30.19    (17) approved supervisor application processing fee - $30.30.20    Sec. 42. [148B.5301] REQUIREMENTS FOR LICENSURE AS A LICENSED 30.21PROFESSIONAL CLINICAL COUNSELOR.30.22    Subdivision 1.General requirements.(a) To be licensed as a licensed professional 30.23clinical counselor (LPCC), an applicant must provide satisfactory evidence to the board 30.24that the applicant:30.25    (1) is at least 18 years of age;30.26    (2) is of good moral character;30.27    (3) has completed a masters or doctoral degree program in counseling or a 30.28related field, as determined by the board based on the criteria in items (i) to (x), that 30.29includes a minimum of 48 semester hours or 72 quarter hours and a supervised field 30.30experience in counseling that is not fewer than 700 hours. The degree must be from 30.31a counseling program recognized by the Council for Accreditation of Counseling and 30.32Related Education Programs (CACREP) or from an institution of higher education that is 30.33accredited by a regional accrediting organization recognized by the Council for Higher 30.34Education Accreditation (CHEA). Specific academic course content and training must 30.35include coursework in each of the following subject areas:31.1    (i) helping relationship, including counseling theory and practice;31.2    (ii) human growth and development;31.3    (iii) lifestyle and career development;31.4    (iv) group dynamics, processes, counseling, and consulting;31.5    (v) assessment and appraisal;31.6    (vi) social and cultural foundations, including multicultural issues;31.7    (vii) principles of etiology, treatment planning, and prevention of mental and 31.8emotional disorders and dysfunctional behavior;31.9    (viii) family counseling and therapy;31.10    (ix) research and evaluation; and31.11    (x) professional counseling orientation and ethics;31.12    (4) has demonstrated competence in professional counseling by passing the National 31.13Clinical Mental Health Counseling Examination (NCMHCE), administered by the 31.14National Board for Certified Counselors, Inc. (NBCC) and ethical, oral, and situational 31.15examinations as prescribed by the board. In lieu of the NCMHCE, applicants who have 31.16taken and passed the National Counselor Examination (NCE) administered by the NBCC, 31.17or another board-approved examination, need only take and pass the Examination of 31.18Clinical Counseling Practice (ECCP) administered by the NBCC;31.19    (5) has earned graduate-level semester credits or quarter-credit equivalents in the 31.20following clinical content areas as follows:31.21    (i) six credits in diagnostic assessment for child or adult mental disorders; normative 31.22development; and psychopathology, including developmental psychopathology;31.23    (ii) three credits in clinical treatment planning, with measurable goals;31.24    (iii) six credits in clinical intervention methods informed by research evidence and 31.25community standards of practice;31.26    (iv) three credits in evaluation methodologies regarding the effectiveness of 31.27interventions;31.28    (v) three credits in professional ethics applied to clinical practice; and31.29    (vi) three credits in cultural diversity; and31.30    (6) has demonstrated successful completion of 4,000 hours of supervised, 31.31postmasters degree professional practice in the delivery of clinical services in the 31.32diagnosis and treatment of child and adult mental illnesses and disorders, conducted 31.33according to subdivision 2.31.34    (b) If coursework in paragraph (a) was not completed as part of the degree program 31.35required by paragraph (a), clause (3), the coursework must be taken and passed for credit, 32.1and must be earned from a counseling program or institution that meets the requirements 32.2of paragraph (a), clause (3).32.3    Subd. 2.Supervision.(a) To qualify as a LPCC, an applicant must have completed 32.44,000 hours of postmasters degree supervised professional practice in the delivery of 32.5clinical services in the diagnosis and treatment of mental illnesses and disorders in 32.6both children and adults. The supervised practice shall be conducted according to the 32.7requirements in paragraphs (b) to (e).32.8    (b) The supervision must have been received under a contract that defines clinical 32.9practice and supervision from a mental health professional as defined in section 245.462, 32.10subdivision 18, clauses (1) to (6), or section 245.4871, subdivision 27, clauses (1) to (6), 32.11or by a board-approved supervisor, who has at least two years of postlicensure experience 32.12in the delivery of clinical services in the diagnosis and treatment of mental illnesses and 32.13disorders.32.14    (c) The supervision must be obtained at the rate of two hours of supervision per 40 32.15hours of professional practice. The supervision must be evenly distributed over the course 32.16of the supervised professional practice. At least 75 percent of the required supervision 32.17hours must be received in person. The remaining 25 percent of the required hours may be 32.18received by telephone or by audio or audiovisual electronic device. At least 50 percent of 32.19the required hours of supervision must be received on an individual basis. The remaining 32.2050 percent may be received in a group setting.32.21    (d) The supervised practice must include at least 1,800 hours of clinical client 32.22contact.32.23    (e) The supervised practice must be clinical practice. Supervision includes the 32.24observation by the supervisor of the successful application of professional counseling 32.25knowledge, skills, and values in the differential diagnosis and treatment of psychosocial 32.26function, disability, or impairment, including addictions and emotional, mental, and 32.27behavioral disorders.32.28    Subd. 3.Conversion from licensed professional counselor to licensed clinical 32.29counselor.(a) Until August 1, 2011, an individual currently licensed in the state of 32.30Minnesota as a licensed professional counselor may convert to a LPCC by providing 32.31evidence satisfactory to the board that the applicant has met the following requirements:32.32    (1) is at least 18 years of age;32.33    (2) is of good moral character;32.34    (3) has a license that is active and in good standing;32.35    (4) has no complaints pending, uncompleted disciplinary orders, or corrective 32.36action agreements;33.1    (5) has completed a masters or doctoral degree program in counseling or a related 33.2field, as determined by the board, and whose degree was from a counseling program 33.3recognized by CACREP or from an institution of higher education that is accredited by a 33.4regional accrediting organization recognized by CHEA;33.5    (6) has earned 24 graduate-level semester credits or quarter-credit equivalents in 33.6clinical coursework which includes content in the following clinical areas:33.7    (i) diagnostic assessment for child and adult mental disorders; normative 33.8development; and psychopathology, including developmental psychopathology;33.9    (ii) clinical treatment planning, with measurable goals;33.10    (iii) clinical intervention methods informed by research evidence and community 33.11standards of practice;33.12    (iv) evaluation methodologies regarding the effectiveness of interventions;33.13    (v) professional ethics applied to clinical practice; and33.14    (vi) cultural diversity;33.15    (7) has demonstrated, to the satisfaction of the board, successful completion of 33.164,000 hours of supervised, postmasters degree professional practice in the delivery of 33.17clinical services in the diagnosis and treatment of child and adult mental illnesses and 33.18disorders; and33.19    (8) has paid the LPCC application and licensure fees required in section 148B.53, 33.20subdivision 3.33.21    (b) If the coursework in paragraph (a) was not completed as part of the degree 33.22program required by paragraph (a), clause (5), the coursework must be taken and passed 33.23for credit, and must be earned from a counseling program or institution that meets the 33.24requirements in paragraph (a), clause (5).33.25    (c) This subdivision expires August 1, 2011.33.26    Subd. 4.Conversion to licensed professional clinical counselor after August 1, 33.272011.An individual licensed in the state of Minnesota as a licensed professional counselor 33.28may convert to a LPCC by providing evidence satisfactory to the board that the applicant 33.29has met the requirements of subdivisions 1 and 2, subject to the following:33.30    (1) the individual's license must be active and in good standing;33.31    (2) the individual must not have any complaints pending, uncompleted disciplinary 33.32orders, or corrective action agreements; and33.33    (3) the individual has paid the LPCC application and licensure fees required in 33.34section 148B.53, subdivision 3.34.1    Subd. 5.Scope of practice.The scope of practice of a LPCC shall include all 34.2those services provided by mental health professionals as defined in section 245.462, 34.3subdivision 18, and section 245.4871, subdivision 27.34.4    Subd. 6.Jurisdiction.LPCC's are subject to the board's statutes and rules to the 34.5same extent as licensed professional counselors.34.6    Sec. 43. [148B.532] DEGREES FROM FOREIGN INSTITUTIONS.34.7    Subdivision 1.Scope and documentation.In addition to meeting all other licensure 34.8requirements, an applicant for licensure whose degree was received from a foreign degree 34.9program that is not recognized by the Council for Accreditation of Counseling and Related 34.10Education Programs (CACREP) or from a foreign institution of higher education that is 34.11not accredited by a regional accrediting organization recognized by the Council for Higher 34.12Education Accreditation (CHEA) must fulfill the requirements of this section, providing 34.13certified English translations of board-required relevant documentation.34.14    Subd. 2.Education evaluation.An applicant for licensure as a licensed 34.15professional counselor must present evidence of completion of a degree equivalent to 34.16that required in section 148B.53, subdivision 1, paragraphs (a), clause (3); and (b). This 34.17evidence will be evaluated by the board with the assistance of a credentials evaluation 34.18service familiar with educational standards and professional qualification. The evaluation 34.19must be sent directly to the board from the evaluating agency. Agencies providing 34.20evaluation services must be accepted by the National Board for Certified Counselors, Inc. 34.21The applicant shall be responsible for the expenses incurred as a result of the evaluation.34.22    Sec. 44. Minnesota Statutes 2006, section 148C.12, is amended by adding a 34.23subdivision to read:34.24    Subd. 12.Sponsor application fee.The fee for sponsor application for approval 34.25of a continuing education course is $60.34.26    Sec. 45. Minnesota Statutes 2006, section 148C.12, is amended by adding a 34.27subdivision to read:34.28    Subd. 13.Order or stipulation fee.The fee for a copy of a board order or 34.29stipulation is $10.34.30    Sec. 46. Minnesota Statutes 2006, section 148C.12, is amended by adding a 34.31subdivision to read:34.32    Subd. 14.Duplicate certificate fee.The fee for a duplicate certificate is $25.35.1    Sec. 47. Minnesota Statutes 2006, section 148C.12, is amended by adding a 35.2subdivision to read:35.3    Subd. 15.Supervisor application processing fee.The fee for licensure supervisor 35.4application processing is $30.35.5    Sec. 48. Minnesota Statutes 2006, section 148D.050, subdivision 1, is amended to read:35.6    Subdivision 1. Requirements.The practice of social work A person licensed under 35.7section 148D.055 or 148D.061 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; and35.30    (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; and36.32    (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); and37.12    (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; and38.2    (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; and39.4    (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); and39.20    (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; and40.11    (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; and41.13    (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); and41.29    (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; and42.21    (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; and43.17    (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); and43.33    (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    Subd. 7a.Provisional licensure.An applicant for provisional licensure must meet 44.4the license requirements in subdivisions 2 to 8, except the applicant does not have to 44.5pass an examination administered by the Association of Social Work Boards or a similar 44.6examination body designated by the board.44.7    Sec. 54. Minnesota Statutes 2006, section 148D.060, is amended by adding a 44.8subdivision to read:44.9    Subd. 2a.Programs in candidacy status.The board may issue a temporary 44.10license to practice social work to an applicant who has completed the requirements for a 44.11baccalaureate or graduate degree in social work from a program in candidacy status with 44.12the Council on Social Work Education, the Canadian Association of Schools of Social 44.13Work, or a similar accreditation body designated by the board, and has:44.14    (1) applied for a license under section 148D.055;44.15    (2) applied for a temporary license on a form provided by the board;44.16    (3) submitted a form provided by the board authorizing the board to complete a 44.17criminal background check;44.18    (4) passed the applicable licensure examination provided for in section 148D.055; 44.19and 44.20    (5) not engaged in conduct that is in violation of the standards of practice specified 44.21in sections 148D.195 to 148D.240. If the applicant has engaged in conduct that is in 44.22violation of the standards of practice, the board may take action according to sections 44.23148D.255 to 148D.270.44.24    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    (c) A temporary license issued pursuant to subdivision 2a expires after 12 months 44.32but may be extended at the board's discretion upon a showing that the social work program 44.33remains in good standing with the Council on Social Work Education, the Canadian 44.34Association of Schools of Social Work, or a similar accreditation body designated by 45.1the board. If the board receives notice from the Council on Social Work Education, 45.2the Canadian Association of Schools of Social Work, or a similar accreditation body 45.3designated by the board that the social work program is not in good standing, or that 45.4the accreditation will not be granted to the social work program, the temporary license 45.5is immediately revoked.45.6    (c)(d) A temporary license issued pursuant to subdivision 32a 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, or in candidacy status with, 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, or in 45.20candidacy status with, 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. [148D.061] PROVISIONAL LICENSES.45.31    Subdivision 1.Requirements for a provisional license.An applicant may be 45.32issued a provisional license if the applicant:46.1    (1) was born in a foreign country;46.2    (2) communicates in English as a second language;46.3    (3) has met all other requirements for licensure; and46.4    (4) complies with the requirements of subdivisions 2 to 7.46.5    Subd. 2.License term.(a) A provisional license is valid until expiration, or until 46.6the board issues or denies a license under section 148D.055, or until the board revokes the 46.7provisional license, whichever occurs first.46.8    (b) A provisional license expires three years after the effective date of the license.46.9    Subd. 3.Scope of practice.A licensee who is issued a provisional license must 46.10comply with the requirements of section 148D.050.46.11    Subd. 4.Fee.A licensee who is issued a provisional license must pay the 46.12appropriate license fee specified in section 148D.180.46.13    Subd. 5.Supervised practice requirements.A licensee who is issued a provisional 46.14license must document supervised practice as provided in section 148D.062. If a licensee 46.15issued a provisional license is granted a license under section 148D.055, the licensee 46.16must also meet the supervised practice requirements in sections 148D.100 to 148D.115. 46.17The supervised practice completed under a provisional license does not apply to this 46.18requirement.46.19    Subd. 6.Evaluation by supervisor.(a) After being issued a provisional license 46.20under subdivision 1, the licensee must submit an evaluation by the licensee's supervisor 46.21every six months during the first 2,000 hours of social work practice. The evaluation must 46.22meet the requirements in section 148D.063. The supervisor must meet the eligibility 46.23requirements specified in section 148D.062.46.24    (b) After completion of 2,000 hours of supervised social work practice, the licensee's 46.25supervisor must submit a final evaluation and attest to the applicant's ability to engage in 46.26the practice of social work safely and competently.46.27    Subd. 7.Completion of requirements.Upon completion of the requirements for 46.28a provisional license under subdivisions 1 to 6, an applicant shall not practice social 46.29work in Minnesota except as provided in section 148D.065, unless licensed according to 46.30section 148D.055.46.31    Subd. 8.Disciplinary or other action.The board may take action according to 46.32sections 148D.260 to 148D.270 if:46.33    (1) the licensee's supervisor does not submit an evaluation as required by section 46.34148D.062;46.35    (2) an evaluation submitted according to section 148D.062 indicates that the licensee 46.36cannot practice social work competently and safely; or47.1    (3) the licensee does not comply with the requirements of subdivisions 1 to 7.47.2    Subd. 9.Revocation of provisional license.The board may immediately revoke 47.3the provisional license of a licensee who violates any requirements of this section. The 47.4revocation must be made for cause. A licensee whose provisional license is revoked must 47.5immediately return the provisional license to the board.47.6    Sec. 60. [148D.062] PROVISIONAL LICENSE; SUPERVISED PRACTICE.47.7    Subdivision 1.Supervision required after licensure.After receiving a provisional 47.8license from the board, the licensee must obtain at least 37.5 hours of supervision 47.9according to the requirements of this section.47.10    Subd. 2.Practice requirements.The supervision required by subdivision 1 must 47.11be obtained during the first 2,000 hours of social work practice after the effective date 47.12of the provisional license. At least three hours of supervision must be obtained during 47.13every 160 hours of practice.47.14    Subd. 3.Types of supervision.(a) Twenty-five hours of supervision required by 47.15subdivision 1 must consist of one-on-one in-person supervision.47.16    (b) Twelve and one-half hours of supervision must consist of one or more of the 47.17following types of supervision:47.18    (1) in-person one-on-one supervision; or47.19    (2) in-person group supervision.47.20    (c) To qualify as in-person group supervision, the group must not exceed seven 47.21members including the supervisor.47.22    Subd. 4.Supervisor requirements.(a) The supervision required by subdivision 47.231 must be provided by a supervisor who meets the requirements in section 148D.120 47.24and has either:47.25    (1) 5,000 hours experience engaged in authorized social work practice; or47.26    (2) completed 30 hours of training in supervision, which may be satisfied by 47.27completing academic coursework in supervision or continuing education courses in 47.28supervision as defined in section 148D.010, subdivision 16.47.29    (b) Supervision must be provided:47.30    (1) if the supervisee is not engaged in clinical practice and the supervisee has a 47.31provisional license to practice as a licensed social worker, by a licenced social worker 47.32who has completed the supervised practice requirements;47.33    (2) if the supervisee is not engaged in clinical practice and the supervisee has a 47.34provisional license to practice as a licensed graduate social worker, licensed independent 47.35social worker, or licensed independent clinical social worker, by:48.1    (i) a licensed graduate social worker who has completed the supervised practice 48.2requirements;48.3    (ii) a licensed independent social worker; or48.4    (iii) a licensed independent clinical social worker;48.5    (3) if the supervisee is engaged in clinical practice and the supervisee has a 48.6provisional license to practice as a licensed graduate social worker, licensed independent 48.7social worker, or licensed independent clinical social worker, by a licensed independent 48.8clinical social worker; or48.9    (4) by a supervisor who meets the requirements in section 148D.120, subdivision 2.48.10    Subd. 5.Expiration.This section expires August 1, 2011.48.11    Sec. 61. [148D.063] PROVISIONAL LICENSE; DOCUMENTATION OF 48.12SUPERVISION.48.13    Subdivision 1.Supervision plan.(a) An applicant granted a provisional license 48.14must submit, on a form provided by the board, a supervision plan for meeting the 48.15supervision requirements in section 148D.062.48.16    (b) The supervision plan must be submitted no later than 30 days after the licensee 48.17begins a social work practice position.48.18    (c) The board may revoke a licensee's provisional license for failure to submit the 48.19supervision plan within 30 days after beginning a social work practice position.48.20    (d) The supervision plan must include the following:48.21    (1) the name of the supervisee, the name of the agency in which the supervisee is 48.22being supervised, and the supervisee's position title;48.23    (2) the name and qualifications of the person providing the supervision;48.24    (3) the number of hours of one-on-one in-person supervision and the number and 48.25type of additional hours of supervision to be completed by the supervisee;48.26    (4) the supervisee's position description;48.27    (5) a brief description of the supervision the supervisee will receive in the following 48.28content areas:48.29    (i) clinical practice, if applicable;48.30    (ii) development of professional social work knowledge, skills, and values;48.31    (iii) practice methods;48.32    (iv) authorized scope of practice;48.33    (v) ensuring continuing competence; and48.34    (vi) ethical standards of practice; and49.1    (6) if applicable, a detailed description of the supervisee's clinical social work 49.2practice, addressing:49.3    (i) the client population, the range of presenting issues, and the diagnoses;49.4    (ii) the clinical modalities that were utilized; and49.5    (iii) the process utilized for determining clinical diagnoses, including the diagnostic 49.6instruments used and the role of the supervisee in the diagnostic process.49.7    (e) The board must receive a revised supervision plan within 30 days of any of the 49.8following changes:49.9    (1) the supervisee has a new supervisor;49.10    (2) the supervisee begins a new social work position;49.11    (3) the scope or content of the supervisee's social work practice changes substantially;49.12    (4) the number of practice or supervision hours changes substantially; or49.13    (5) the type of supervision changes as supervision is described in section 148D.062.49.14    (f) The board may revoke a licensee's provisional license for failure to submit a 49.15revised supervision plan as required in paragraph (e).49.16    (g) The board must approve the supervisor and the supervision plan.49.17    Subd. 2.Evaluation.(a) When a supervisee submits an evaluation to the board 49.18according to section 148D.061, subdivision 6, the supervisee and supervisor must provide 49.19the following information on a form provided by the board:49.20    (1) the name of the supervisee, the name of the agency in which the supervisee is 49.21being supervised, and the supervisee's position title;49.22    (2) the name and qualifications of the supervisor;49.23    (3) the number of hours and dates of each type of supervision completed;49.24    (4) the supervisee's position description;49.25    (5) a declaration that the supervisee has not engaged in conduct in violation of the 49.26standards of practice in sections 148D.195 to 148D.240;49.27    (6) a declaration that the supervisee has practiced competently and ethically 49.28according to professional social work knowledge, skills, and values; and49.29    (7) on a form provided by the board, an evaluation of the licensee's practice in 49.30the following areas:49.31    (i) development of professional social work knowledge, skills, and values;49.32    (ii) practice methods;49.33    (iii) authorized scope of practice;49.34    (iv) ensuring continuing competence;49.35    (v) ethical standards of practice; and49.36    (vi) clinical practice, if applicable.50.1    (b) The information provided on the evaluation form must demonstrate that the 50.2supervisee has met or has made progress on meeting the applicable supervised practice 50.3requirements.50.4    Subd. 3.Alternative verification of supervised practice.Notwithstanding the 50.5requirements of subdivision 2, the board may accept alternative verification of supervised 50.6practice if a supervisee demonstrates that the supervisee is unable to locate a former 50.7supervisor to provide the required information.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 50.13148D.062, subdivision 1, or 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; and50.17    (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 148D.062, subdivision 1, or148D.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; and50.25    (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; or50.34    (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; or51.5    (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) section 51.25148D.070, subdivision 3, 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; and52.6    (vi) ethical standards of practice; and52.7    (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; and52.11    (iii) the process utilized for determining clinical diagnoses, including the diagnostic 52.12instruments used and the role of the supervisee in the diagnostic process. An applicant for 52.13licensure as a licensed professional clinical counselor must present evidence of completion 52.14of a degree equivalent to that required in section 148B.5301, subdivision 1, clause (3).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; or52.21    (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. [148E.001] CITATION.52.29    This chapter may be cited as the "Minnesota Board of Social Work Practice Act."52.30    Sec. 65. [148E.010] DEFINITIONS.52.31    Subdivision 1.Scope.For the purpose of this chapter, the terms in this section 52.32have the meanings given.53.1    Subd. 2.Applicant."Applicant" means a person who submits an application to 53.2the board for a new license, a license renewal, a change in license, an inactive license, 53.3reactivation of a license, or a voluntary termination.53.4    Subd. 3.Application."Application" means an application to the board for a new 53.5license, a license renewal, a change in license, an inactive license, reactivation of a 53.6license, or voluntary termination.53.7    Subd. 4.Board."Board" means the Board of Social Work created under section 53.8148E.025.53.9    Subd. 5.Client."Client" means an individual, couple, family, group, community, or 53.10organization that receives or has received social work services as described in subdivision 53.1111.53.12    Subd. 6.Clinical practice."Clinical practice" means applying professional 53.13social work knowledge, skills, and values in the differential diagnosis and treatment of 53.14psychosocial function, disability, or impairment, including addictions and emotional, 53.15mental, and behavioral disorders. Treatment includes a plan based on a differential 53.16diagnosis. Treatment may include, but is not limited to, the provision of psychotherapy to 53.17individuals, couples, families, and groups across the life span. Clinical social workers 53.18may also provide the services described in subdivision 11.53.19    Subd. 7.Clinical supervision."Clinical supervision" means supervision as defined 53.20in subdivision 18 of a social worker engaged in clinical practice as defined in subdivision 6.53.21    Subd. 8.Graduate degree."Graduate degree" means a master's degree in social 53.22work from a program accredited by the Council on Social Work Education, the Canadian 53.23Association of Schools of Social Work, or a similar accreditation body designated by the 53.24board; or a doctorate in social work from an accredited university.53.25    Subd. 9.Intern."Intern" means a student in field placement working under the 53.26supervision or direction of a social worker.53.27    Subd. 10.Person-in-environment perspective."Person-in-environment 53.28perspective" means viewing human behavior, development, and function in the context 53.29of one or more of the following: the environment, social functioning, mental health, 53.30and physical health.53.31    Subd. 11.Practice of social work."Practice of social work" means working 53.32to maintain, restore, or improve behavioral, cognitive, emotional, mental, or social 53.33functioning of clients, in a manner that applies accepted professional social work 53.34knowledge, skills, and values, including the person-in-environment perspective, by 53.35providing in person or through telephone, video conferencing, or electronic means one or 53.36more of the social work services described in clauses (1) to (3). Social work services may 54.1address conditions that impair or limit behavioral, cognitive, emotional, mental, or social 54.2functioning. Such conditions include, but are not limited to, the following: abuse and 54.3neglect of children or vulnerable adults, addictions, developmental disorders, disabilities, 54.4discrimination, illness, injuries, poverty, and trauma. Social work services include:54.5    (1) providing assessment and intervention through direct contact with clients, 54.6developing a plan based on information from an assessment, and providing services which 54.7include, but are not limited to, assessment, case management, client-centered advocacy, 54.8client education, consultation, counseling, crisis intervention, and referral;54.9    (2) providing for the direct or indirect benefit of clients through administrative, 54.10educational, policy, or research services including, but not limited to:54.11    (i) advocating for policies, programs, or services to improve the well-being of clients;54.12    (ii) conducting research related to social work services;54.13    (iii) developing and administering programs which provide social work services;54.14    (iv) engaging in community organization to address social problems through 54.15planned collective action;54.16    (v) supervising individuals who provide social work services to clients;54.17    (vi) supervising social workers in order to comply with the supervised practice 54.18requirements specified in sections 148E.100 to 148E.125; and54.19    (vii) teaching professional social work knowledge, skills, and values to students; and54.20    (3) engaging in clinical practice.54.21    Subd. 12.Professional name."Professional name" means the name a licensed 54.22social worker uses in making representations of the social worker's professional status 54.23to the public and which has been designated to the board in writing according to section 54.24148E.090.54.25    Subd. 13.Professional social work knowledge, skills, and values."Professional 54.26social work knowledge, skills, and values" means the knowledge, skills, and values 54.27taught in programs accredited by the Council on Social Work Education, the Canadian 54.28Association of Schools of Social Work, or a similar accreditation body designated by 54.29the board; or a doctorate in social work from an accredited university. Professional 54.30social work knowledge, skills, and values include, but are not limited to, principles of 54.31person-in-environment and the values, principles, and standards described in the Code 54.32of Ethics of the National Association of Social Workers.54.33    Subd. 14.Sexual conduct."Sexual conduct" means any physical contact or 54.34conduct that may be reasonably interpreted as sexual, or any oral, written, electronic, or 54.35other communication that suggests engaging in physical contact or conduct that may be 54.36reasonably interpreted as sexual.55.1    Subd. 15.Social worker."Social worker" means an individual who:55.2    (1) is licensed as a social worker; or55.3    (2) has obtained a social work degree from a program accredited by the Council on 55.4Social Work Education, the Canadian Association of Schools of Social Work, or a similar 55.5accreditation body designated by the board and engages in the practice of social work.55.6    Subd. 16.Student."Student" means an individual who is taught professional 55.7social work knowledge, skills, and values in a program that has been accredited by the 55.8Council on Social Work Education, the Canadian Association of Schools of Social Work, 55.9or a similar accreditation body designated by the board.55.10    Subd. 17.Supervisee."Supervisee" means an individual provided evaluation and 55.11supervision or direction by a social worker.55.12    Subd. 18.Supervision."Supervision" means a professional relationship between a 55.13supervisor and a social worker in which the supervisor provides evaluation and direction 55.14of the services provided by the social worker to promote competent and ethical services 55.15to clients through the continuing development of the social worker's knowledge and 55.16application of accepted professional social work knowledge, skills, and values.55.17    Sec. 66. [148E.015] SCOPE.55.18    This chapter applies to all applicants and licensees, all persons who use the title social 55.19worker, and all persons in or out of this state who provide social work services to clients 55.20who reside in this state unless there are specific applicable exemptions provided by law.55.21    Sec. 67. [148E.020] CHAPTER 214.55.22    Chapter 214 applies to the Board of Social Work unless superseded by this chapter.55.23    Sec. 68. [148E.025] BOARD OF SOCIAL WORK.55.24    Subdivision 1.Creation.The Board of Social Work consists of 15 members 55.25appointed by the governor. The members are:55.26    (1) ten social workers licensed according to section 148E.055; and55.27    (2) five public members as defined in section 214.02.55.28    Subd. 2.Qualifications of board members.(a) All social worker members must 55.29have engaged in the practice of social work in Minnesota for at least one year during 55.30the ten years preceding their appointments.55.31    (b) Five social worker members must be licensed social workers. The other five 55.32members must be a licensed graduate social worker, a licensed independent social worker, 55.33or a licensed independent clinical social worker.56.1    (c) Eight social worker members must be engaged at the time of their appointment in 56.2the practice of social work in Minnesota in the following settings:56.3    (1) one member must be engaged in the practice of social work in a county agency;56.4    (2) one member must be engaged in the practice of social work in a state agency;56.5    (3) one member must be engaged in the practice of social work in an elementary, 56.6middle, or secondary school;56.7    (4) one member must be employed in a hospital or nursing home licensed under 56.8chapter 144 or 144A;56.9    (5) two members must be engaged in the practice of social work in a private agency;56.10    (6) one member must be engaged in the practice of social work in a clinical social 56.11work setting; and56.12    (7) one member must be an educator engaged in regular teaching duties at a 56.13program of social work accredited by the Council on Social Work Education or a similar 56.14accreditation body designated by the board.56.15    (d) At the time of their appointments, at least six members must reside outside of the 56.16seven-county metropolitan area.56.17    (e) At the time of their appointments, at least five members must be persons with 56.18expertise in communities of color.56.19    Subd. 3.Officers.The board must annually elect from its membership a chair, 56.20vice-chair, and secretary-treasurer.56.21    Subd. 4.Bylaws.The board must adopt bylaws to govern its proceedings.56.22    Subd. 5.Executive director.The board must appoint and employ an executive 56.23director who is not a member of the board. The employment of the executive director shall 56.24be subject to the terms described in section 214.04, subdivision 2a.56.25    Sec. 69. [148E.030] DUTIES OF THE BOARD.56.26    Subdivision 1.Duties.The board must perform the duties necessary to promote 56.27and protect the public health, safety, and welfare through the licensure and regulation of 56.28persons who practice social work in this state. These duties include, but are not limited to:56.29    (1) establishing the qualifications and procedures for individuals to be licensed 56.30as social workers;56.31    (2) establishing standards of practice for social workers;56.32    (3) holding examinations or contracting with the Association of Social Work Boards 56.33or a similar examination body designated by the board to hold examinations to assess 56.34applicants' qualifications;57.1    (4) issuing licenses to qualified individuals according to sections 148E.055 and 57.2148E.060;57.3    (5) taking disciplinary, adversarial, corrective, or other action according to sections 57.4148E.255 to 148E.270 when an individual violates the requirements of this chapter;57.5    (6) assessing fees according to sections 148E.175 and 148E.180; and57.6    (7) educating social workers and the public on the requirements of the board.57.7    Subd. 2.Rules.The board may adopt and enforce rules to carry out the duties 57.8specified in subdivision 1.57.9    Sec. 70. [148E.035] VARIANCES.57.10    If the effect of a requirement according to this chapter is unreasonable, impossible to 57.11execute, absurd, or would impose an extreme hardship on a licensee, the board may grant 57.12a variance if the variance is consistent with promoting and protecting the public health, 57.13safety, and welfare. A variance must not be granted for core licensing standards such as 57.14substantive educational and examination requirements.57.15    Sec. 71. [148E.040] IMMUNITY.57.16    Board members, board employees, and persons engaged on behalf of the board are 57.17immune from civil liability for any actions, transactions, or publications in the lawful 57.18execution of or relating to their duties under this chapter.57.19    Sec. 72. [148E.045] CONTESTED CASE HEARING.57.20    An applicant or a licensee who is the subject of a disciplinary or adversarial action 57.21by the board according to this chapter may request a contested case hearing under sections 57.2214.57 to 14.62. An applicant or a licensee who desires to request a contested case hearing 57.23must submit a written request to the board within 90 days after the date on which the board 57.24mailed the notification of the adverse action, except as otherwise provided in this chapter.57.25    Sec. 73. [148E.050] LICENSING; SCOPE OF PRACTICE.57.26    Subdivision 1.Requirements.The practice of social work must comply with the 57.27requirements of subdivision 2, 3, 4, or 5.57.28    Subd. 2.Licensed social worker.A licensed social worker may engage in social 57.29work practice except that a licensed social worker must not engage in clinical practice.57.30    Subd. 3.Licensed graduate social worker.A licensed graduate social worker may 57.31engage in social work practice except that a licensed graduate social worker must not 58.1engage in clinical practice except under the supervision of a licensed independent clinical 58.2social worker or an alternate supervisor according to section 148E.120.58.3    Subd. 4.Licensed independent social worker.A licensed independent social 58.4worker may engage in social work practice except that a licensed independent social 58.5worker must not engage in clinical practice except under the supervision of a licensed 58.6independent clinical social worker or an alternate supervisor according to section 58.7148E.120.58.8    Subd. 5.Licensed independent clinical social worker.A licensed independent 58.9clinical social worker may engage in social work practice, including clinical practice.58.10    Sec. 74. [148E.055] LICENSE REQUIREMENTS.58.11    Subdivision 1.License required.(a) In order to practice social work, an individual 58.12must have a social work license under this section or section 148E.060, except when the 58.13individual is exempt from licensure according to section 148E.065.58.14    (b) Individuals who teach professional social work knowledge, skills, and values to 58.15students and who have a social work degree from a program accredited by the Council 58.16on Social Work Education, the Canadian Association of Schools of Social Work, or a 58.17similar accreditation body designated by the board must have a social work license under 58.18this section or section 148E.060, except when the individual is exempt from licensure 58.19according to section 148E.065.58.20    Subd. 2.Qualifications for licensure by examination as a licensed social worker.58.21    (a) To be licensed as a licensed social worker, an applicant for licensure by examination 58.22must provide evidence satisfactory to the board that the applicant:58.23    (1) has received a baccalaureate degree in social work from a program accredited by 58.24the Council on Social Work Education, the Canadian Association of Schools of Social 58.25Work, or a similar accreditation body designated by the board, or a doctorate in social 58.26work from an accredited university;58.27    (2) has passed the bachelors or equivalent examination administered by the 58.28Association of Social Work Boards or a similar examination body designated by the board. 58.29Unless an applicant applies for licensure by endorsement according to subdivision 7, an 58.30examination is not valid if it was taken and passed eight or more years prior to submitting 58.31a completed, signed application form provided by the board. The examination may be 58.32taken prior to completing degree requirements;58.33    (3) has submitted a completed, signed application form provided by the board, 58.34including the applicable application fee specified in section 148E.180. For applications 59.1submitted electronically, a "signed application" means providing an attestation as specified 59.2by the board;59.3    (4) has submitted the criminal background check fee and a form provided by the 59.4board authorizing a criminal background check according to subdivision 8;59.5    (5) has paid the applicable license fee specified in section 148E.180; and59.6    (6) has not engaged in conduct that was or would be in violation of the standards 59.7of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 59.8conduct that was or would be in violation of the standards of practice, the board may take 59.9action according to sections 148E.255 to 148E.270.59.10    (b) An application that is not completed and signed, or that is not accompanied by the 59.11correct fee, must be returned to the applicant, along with any fee submitted, and is void.59.12    (c) A licensee granted a license by the board according to paragraph (a) must meet 59.13the supervised practice requirements specified in sections 148E.100 to 148E.125. If a 59.14licensee does not meet the supervised practice requirements, the board may take action 59.15according to sections 148E.255 to 148E.270.59.16    (d) By submitting an application for licensure, an applicant authorizes the board to 59.17investigate any information provided or requested in the application. The board may 59.18request that the applicant provide additional information, verification, or documentation.59.19    (e) Within one year of the time the board receives an application for licensure, the 59.20applicant must meet all the requirements specified in paragraph (a) and must provide all of 59.21the information requested by the board according to paragraph (d). If within one year the 59.22applicant does not meet all the requirements, or does not provide all of the information 59.23requested, the applicant is considered ineligible and the application for licensure must 59.24be closed.59.25    (f) Except as provided in paragraph (g), an applicant may not take more than three 59.26times the bachelors or equivalent examination administered by the Association of Social 59.27Work Boards, or a similar examination body designated by the board. An applicant must 59.28receive a passing score on the bachelors or equivalent examination administered by the 59.29Association of Social Work Boards or a similar examination body designated by the board 59.30in no more than 18 months after the date the applicant first failed the examination.59.31    (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a 59.32fourth or subsequent time, the bachelors or equivalent examination administered by the 59.33Association of Social Work Boards or a similar examination body designated by the 59.34board if the applicant:60.1    (1) meets all requirements specified in paragraphs (a) to (e) other than passing the 60.2bachelors or equivalent examination administered by the Association of Social Work 60.3Boards or a similar examination body designated by the board;60.4    (2) provides to the board a description of the efforts the applicant has made to 60.5improve the applicant's score and demonstrates to the board's satisfaction that the efforts 60.6are likely to improve the score; and60.7    (3) provides to the board letters of recommendation from two licensed social 60.8workers attesting to the applicant's ability to practice social work competently and 60.9ethically according to professional social work knowledge, skills, and values.60.10    (h) An individual must not practice social work until the individual passes the 60.11examination and receives a social work license under this section or section 148E.060. If 60.12the board has reason to believe that an applicant may be practicing social work without a 60.13license, and the applicant has failed the bachelors or equivalent examination administered 60.14by the Association of Social Work Boards or a similar examination body designated by 60.15the board, the board may notify the applicant's employer that the applicant is not licensed 60.16as a social worker.60.17    Subd. 3.Qualifications for licensure by examination as licensed graduate social 60.18worker.(a) To be licensed as a licensed graduate social worker, an applicant for licensure 60.19by examination must provide evidence satisfactory to the board that the applicant:60.20    (1) has received a graduate degree in social work from a program accredited by 60.21the Council on Social Work Education, the Canadian Association of Schools of Social 60.22Work, or a similar accreditation body designated by the board, or a doctorate in social 60.23work from an accredited university;60.24    (2) has passed the masters or equivalent examination administered by the Association 60.25of Social Work Boards or a similar examination body designated by the board. Unless an 60.26applicant applies for licensure by endorsement according to section 148E.055, subdivision 60.277, an examination is not valid if it was taken and passed eight or more years prior to 60.28submitting a completed, signed application form provided by the board. The examination 60.29may be taken prior to completing degree requirements;60.30    (3) has submitted a completed, signed application form provided by the board, 60.31including the applicable application fee specified in section 148E.180. For applications 60.32submitted electronically, a "signed application" means providing an attestation as specified 60.33by the board;60.34    (4) has submitted the criminal background check fee and a form provided by the 60.35board authorizing a criminal background check according to subdivision 8;60.36    (5) has paid the applicable license fee specified in section 148E.180; and61.1    (6) has not engaged in conduct that was or would be in violation of the standards 61.2of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 61.3conduct that was or would be in violation of the standards of practice, the board may take 61.4action according to sections 148E.255 to 148E.270.61.5    (b) An application which is not completed and signed, or which is not accompanied 61.6by the correct fee, must be returned to the applicant, along with any fee submitted, and is 61.7void.61.8    (c) A licensee granted a license by the board according to paragraph (a) must meet 61.9the supervised practice requirements specified in sections 148E.100 to 148E.125. If a 61.10licensee does not meet the supervised practice requirements, the board may take action 61.11according to sections 148E.255 to 148E.270.61.12    (d) By submitting an application for licensure, an applicant authorizes the board to 61.13investigate any information provided or requested in the application. The board may 61.14request that the applicant provide additional information, verification, or documentation.61.15    (e) Within one year of the time the board receives an application for licensure, the 61.16applicant must meet all the requirements specified in paragraph (a) and must provide all of 61.17the information requested by the board according to paragraph (d). If within one year the 61.18applicant does not meet all the requirements, or does not provide all of the information 61.19requested, the applicant is considered ineligible and the application for licensure must 61.20be closed.61.21    (f) Except as provided in paragraph (g), an applicant may not take more than three 61.22times the masters or equivalent examination administered by the Association of Social 61.23Work Boards or a similar examination body designated by the board. An applicant must 61.24receive a passing score on the masters or equivalent examination administered by the 61.25Association of Social Work Boards or a similar examination body designated by the board 61.26in no more than 18 months after the date the applicant first failed the examination.61.27    (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a 61.28fourth or subsequent time, the masters or equivalent examination administered by the 61.29Association of Social Work Boards or a similar examination body designated by the 61.30board if the applicant:61.31    (1) meets all requirements specified in paragraphs (a) to (e) other than passing the 61.32masters or equivalent examination administered by the Association of Social Work Boards 61.33or a similar examination body designated by the board;61.34    (2) provides to the board a description of the efforts the applicant has made to 61.35improve the applicant's score and demonstrates to the board's satisfaction that the efforts 61.36are likely to improve the score; and62.1    (3) provides to the board letters of recommendation from two licensed social 62.2workers attesting to the applicant's ability to practice social work competently and 62.3ethically according to professional social work knowledge, skills, and values.62.4    (h) An individual must not practice social work until the individual passes the 62.5examination and receives a social work license under this section or section 148E.060. If 62.6the board has reason to believe that an applicant may be practicing social work without a 62.7license, and the applicant has failed the masters or equivalent examination administered 62.8by the Association of Social Work Boards or a similar examination body designated by 62.9the board, the board may notify the applicant's employer that the applicant is not licensed 62.10as a social worker.62.11    Subd. 4.Licensure by examination; licensed independent social worker.(a) 62.12To be licensed as a licensed independent social worker, an applicant for licensure by 62.13examination must provide evidence satisfactory to the board that the applicant:62.14    (1) has received a graduate degree in social work from a program accredited by 62.15the Council on Social Work Education, the Canadian Association of Schools of Social 62.16Work, or a similar accreditation body designated by the board, or a doctorate in social 62.17work from an accredited university;62.18    (2) has practiced social work as defined in section 148E.010, and has met the 62.19supervised practice requirements specified in sections 148E.100 to 148E.125;62.20    (3) has passed the advanced generalist or equivalent examination administered by 62.21the Association of Social Work Boards or a similar examination body designated by the 62.22board. Unless an applicant applies for licensure by endorsement according to subdivision 62.237, an examination is not valid if it was taken and passed eight or more years prior to 62.24submitting a completed, signed application form provided by the board;62.25    (4) has submitted a completed, signed application form provided by the board, 62.26including the applicable application fee specified in section 148E.180. For applications 62.27submitted electronically, a "signed application" means providing an attestation as specified 62.28by the board;62.29    (5) has submitted the criminal background check fee and a form provided by the 62.30board authorizing a criminal background check according to subdivision 8;62.31    (6) has paid the applicable license fee specified in section 148E.180; and62.32    (7) has not engaged in conduct that was or would be in violation of the standards 62.33of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 62.34conduct that was or would be in violation of the standards of practice, the board may take 62.35action according to sections 148E.255 to 148E.270.63.1    (b) An application which is not completed and signed, or which is not accompanied 63.2by the correct fee, must be returned to the applicant, along with any fee submitted, and is 63.3void.63.4    (c) A licensed independent social worker who practices clinical social work must 63.5meet the supervised practice requirements specified in sections 148E.100 to 148E.125. If 63.6a licensee does not meet the supervised practice requirements, the board may take action 63.7according to sections 148E.255 to 148E.270.63.8    (d) By submitting an application for licensure, an applicant authorizes the board to 63.9investigate any information provided or requested in the application. The board may 63.10request that the applicant provide additional information, verification, or documentation.63.11    (e) Within one year of the time the board receives an application for licensure, the 63.12applicant must meet all the requirements specified in paragraph (a) and must provide all of 63.13the information requested by the board according to paragraph (d). If within one year the 63.14applicant does not meet all the requirements, or does not provide all of the information 63.15requested, the applicant is considered ineligible and the application for licensure must 63.16be closed.63.17    (f) Except as provided in paragraph (g), an applicant may not take more than 63.18three times the advanced generalist or equivalent examination administered by the 63.19Association of Social Work Boards or a similar examination body designated by the 63.20board. An applicant must receive a passing score on the masters or equivalent examination 63.21administered by the Association of Social Work Boards or a similar examination body 63.22designated by the board in no more than 18 months after the first time the applicant failed 63.23the examination.63.24    (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a 63.25fourth or subsequent time, the advanced generalist or equivalent examination administered 63.26by the Association of Social Work Boards or a similar examination body designated by 63.27the board if the applicant:63.28    (1) meets all requirements specified in paragraphs (a) to (e) other than passing the 63.29advanced generalist or equivalent examination administered by the Association of Social 63.30Work Boards or a similar examination body designated by the board;63.31    (2) provides to the board a description of the efforts the applicant has made to 63.32improve the applicant's score and demonstrates to the board's satisfaction that the efforts 63.33are likely to improve the score; and63.34    (3) provides to the board letters of recommendation from two licensed social 63.35workers attesting to the applicant's ability to practice social work competently and 63.36ethically according to professional social work knowledge, skills, and values.64.1    (h) An individual must not practice social work until the individual passes the 64.2examination and receives a social work license under this section or section 148E.060. If 64.3the board has reason to believe that an applicant may be practicing social work without a 64.4license, except as provided in section 148E.065, and the applicant has failed the advanced 64.5generalist or equivalent examination administered by the Association of Social Work 64.6Boards or a similar examination body designated by the board, the board may notify the 64.7applicant's employer that the applicant is not licensed as a social worker.64.8    Subd. 5.Licensure by examination; licensed independent clinical social worker.64.9    (a) To be licensed as a licensed independent clinical social worker, an applicant for 64.10licensure by examination must provide evidence satisfactory to the board that the applicant:64.11    (1) has received a graduate degree in social work from a program accredited by 64.12the Council on Social Work Education, the Canadian Association of Schools of Social 64.13Work, or a similar accreditation body designated by the board, or a doctorate in social 64.14work from an accredited university;64.15    (2) has completed 360 clock hours (one semester credit hour = 15 clock hours)  in 64.16the following clinical knowledge areas:64.17    (i) 108 clock hours (30 percent) in differential diagnosis and biopsychosocial 64.18assessment including normative development and psychopathology across the life span;64.19    (ii) 36 clock hours (ten percent) in assessment-based clinical treatment planning with 64.20measurable goals;64.21    (iii) 108 clock hours (30 percent) in clinical intervention methods informed by 64.22research and current standards of practice;64.23    (iv) 18 clock hours (five percent) in evaluation methodologies;  64.24    (v) 72 clock hours (20 percent) in social work values and ethics, including cultural 64.25context, diversity, and social policy; and64.26    (vi) 18 clock hours (five percent) in culturally specific clinical assessment and 64.27intervention;64.28    (3) has practiced clinical social work as defined in section 148E.010, including both 64.29diagnosis and treatment, and has met the supervised practice requirements specified in 64.30sections 148E.100 to 148E.125;64.31    (4) has passed the clinical or equivalent examination administered by the Association 64.32of Social Work Boards or a similar examination body designated by the board. Unless an 64.33applicant applies for licensure by endorsement according to subdivision 7, an examination 64.34is not valid if it was taken and passed eight or more years prior to submitting a completed, 64.35signed application form provided by the board;65.1    (5) has submitted a completed, signed application form provided by the board, 65.2including the applicable application fee specified in section 148E.180. For applications 65.3submitted electronically, a "signed application" means providing an attestation as specified 65.4by the board;65.5    (6) has submitted the criminal background check fee and a form provided by the 65.6board authorizing a criminal background check according to subdivision 8;65.7    (7) has paid the license fee specified in section 148E.180; and65.8    (8) has not engaged in conduct that was or would be in violation of the standards 65.9of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 65.10conduct that was or would be in violation of the standards of practice, the board may take 65.11action according to sections 148E.255 to 148E.270.65.12    (b) The requirement in paragraph (a), clause (2), may be satisfied through: (1) 65.13a graduate degree program accredited by the Council on Social Work Education, the 65.14Canadian Association of Schools of Social Work, or a similar accreditation body 65.15designated by the board; or a doctorate in social work from an accredited university; (2) 65.16postgraduate coursework; or (3) up to 90 continuing education hours. The continuing 65.17education must have a course description available for public review and must include 65.18a posttest. Compliance with this requirement must be documented on a form provided 65.19by the board. The board may conduct audits of the information submitted in order to 65.20determine compliance with the requirements of this section.65.21    (c) An application which is not completed and signed, or which is not accompanied 65.22by the correct fee, must be returned to the applicant, along with any fee submitted, and is 65.23void.65.24    (d) By submitting an application for licensure, an applicant authorizes the board to 65.25investigate any information provided or requested in the application. The board may 65.26request that the applicant provide additional information, verification, or documentation.65.27    (e) Within one year of the time the board receives an application for licensure, the 65.28applicant must meet all the requirements specified in paragraph (a) and must provide all of 65.29the information requested by the board according to paragraph (d). If within one year the 65.30applicant does not meet all the requirements, or does not provide all of the information 65.31requested, the applicant is considered ineligible and the application for licensure must 65.32be closed.65.33    (f) Except as provided in paragraph (g), an applicant may not take more than three 65.34times the clinical or equivalent examination administered by the Association of Social 65.35Work Boards or a similar examination body designated by the board. An applicant must 65.36receive a passing score on the clinical or equivalent examination administered by the 66.1Association of Social Work Boards or a similar examination body designated by the board 66.2no later than 18 months after the first time the applicant failed the examination.66.3    (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a 66.4fourth or subsequent time, the clinical or equivalent examination administered by the 66.5Association of Social Work Boards or a similar examination body designated by the 66.6board if the applicant:66.7    (1) meets all requirements specified in paragraphs (a) to (e) other than passing the 66.8clinical or equivalent examination administered by the Association of Social Work Boards 66.9or a similar examination body designated by the board;66.10    (2) provides to the board a description of the efforts the applicant has made to 66.11improve the applicant's score and demonstrates to the board's satisfaction that the efforts 66.12are likely to improve the score; and66.13    (3) provides to the board letters of recommendation from two licensed social 66.14workers attesting to the applicant's ability to practice social work competently and 66.15ethically according to professional social work knowledge, skills, and values.66.16    (h) An individual must not practice social work until the individual passes the 66.17examination and receives a social work license under this section or section 148E.060. If 66.18the board has reason to believe that an applicant may be practicing social work without a 66.19license, and the applicant has failed the clinical or equivalent examination administered 66.20by the Association of Social Work Boards or a similar examination body designated by 66.21the board, the board may notify the applicant's employer that the applicant is not licensed 66.22as a social worker.66.23    Subd. 6.Degrees from outside United States or Canada.If an applicant receives 66.24a degree from a program outside the United States or Canada that is not accredited by 66.25the Council on Social Work Education, the Canadian Association of Schools of Social 66.26Work, or a similar examination body designated by the board, the degree does not fulfill 66.27the requirements specified in subdivision 2, paragraph (a), clause (1); 3, paragraph (a), 66.28clause (1); 4, paragraph (a), clause (1); or 5, paragraph (a), clause (1), unless the Council 66.29on Social Work Education or a similar accreditation body designated by the board has 66.30determined through the council's international equivalency determination service that the 66.31degree earned is equivalent to the degree required.66.32    Subd. 7.Licensure by endorsement.(a) An applicant for licensure by endorsement 66.33must hold a current license or credential to practice social work in another jurisdiction.66.34    (b) An applicant for licensure by endorsement who meets the qualifications of 66.35paragraph (a) and who demonstrates to the satisfaction of the board that the applicant 66.36passed the examination administered by the Association of Social Work Boards or a 67.1similar examination body designated by the board for the applicable license in Minnesota 67.2is not required to retake the licensing examination.67.3    (c) An application for licensure by endorsement must meet the applicable license 67.4requirements specified in subdivisions 1 to 6, except as provided in paragraph (d), and 67.5submit the licensure by endorsement application fee specified in section 148E.180.67.6    (d) The following requirements apply:67.7    (1) An applicant for licensure by endorsement who is applying for licensure as a 67.8licensed social worker must meet the requirements specified in subdivision 2.67.9    (2) An applicant for licensure by endorsement who is applying for licensure as a 67.10licensed graduate social worker must meet the requirements specified in subdivision 3.67.11    (3) An applicant for licensure by endorsement who is applying for licensure as 67.12a licensed independent social worker is not required to demonstrate that the applicant 67.13has obtained 100 hours of supervision as specified in section 148E.110, subdivision 1, 67.14provided that the applicant has engaged in authorized social work practice for a minimum 67.15of 4,000 hours in another jurisdiction.67.16    (4) An applicant for licensure by endorsement as a licensed independent clinical 67.17social worker (i) is not required to meet the license requirements specified in subdivision 67.185, paragraph (a), clause (2), and (ii) is not required to demonstrate that the applicant 67.19has obtained 200 hours of supervision as specified in section 148E.115, subdivision 1, 67.20provided that the applicant has engaged in authorized clinical social work practice for a 67.21minimum of 4,000 hours in another jurisdiction.67.22    Subd. 8.Criminal background checks.(a) Except as provided in paragraph (b), an 67.23initial license application must be accompanied by:67.24    (1) a form provided by the board authorizing the board to complete a criminal 67.25background check; and67.26    (2) the criminal background check fee specified by the Bureau of Criminal 67.27Apprehension.67.28    Criminal background check fees collected by the board must be used to reimburse 67.29the Bureau of Criminal Apprehension for the criminal background checks.67.30    (b) An applicant who has previously submitted a license application authorizing the 67.31board to complete a criminal background check is exempt from the requirement specified 67.32in paragraph (a).67.33    (c) If a criminal background check indicates that an applicant has engaged in 67.34criminal behavior, the board may take action according to sections 148E.255 to 148E.270.67.35    Subd. 9.Effective date.The effective date of an initial license is the day on which 67.36the board receives the applicable license fee from an applicant approved for licensure.68.1    Subd. 10.Expiration date.The expiration date of an initial license is the last day 68.2of the licensee's birth month in the second calendar year following the effective date of 68.3the initial license.68.4    Subd. 11.Change in license.(a) A licensee who changes from a licensed social 68.5worker to a licensed graduate social worker, or from a licensed graduate social worker to a 68.6licensed independent social worker, or from a licensed graduate social worker or licensed 68.7independent social worker to a licensed independent clinical social worker, must pay the 68.8prorated share of the fee for the new license.68.9    (b) The effective date of the new license is the day on which the board receives the 68.10applicable license fee from an applicant approved for the new license.68.11    (c) The expiration date of the new license is the same date as the expiration date of 68.12the license held by the licensee prior to the change in the license.68.13    Sec. 75. [148E.060] TEMPORARY LICENSES.68.14    Subdivision 1.Students and other persons not currently licensed in another 68.15jurisdiction.The board may issue a temporary license to practice social work to an 68.16applicant who is not licensed or credentialed to practice social work in any jurisdiction 68.17but has:68.18    (1) applied for a license under section 148E.055;68.19    (2) applied for a temporary license on a form provided by the board;68.20    (3) submitted a form provided by the board authorizing the board to complete a 68.21criminal background check;68.22    (4) passed the applicable licensure examination provided for in section 148E.055;68.23    (5) attested on a form provided by the board that the applicant has completed the 68.24requirements for a baccalaureate or graduate degree in social work from a program 68.25accredited by the Council on Social Work Education, the Canadian Association of Schools 68.26of Social Work, or a similar accreditation body designated by the board, or a doctorate in 68.27social work from an accredited university; and68.28    (6) not engaged in conduct that was or would be in violation of the standards of 68.29practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 68.30conduct that was or would be in violation of the standards of practice, the board may take 68.31action according to sections 148E.255 to 148E.270.68.32    Subd. 2.Emergency situations and persons currently licensed in another 68.33jurisdiction.The board may issue a temporary license to practice social work to an 68.34applicant who is licensed or credentialed to practice social work in another jurisdiction, 68.35may or may not have applied for a license under section 148E.055, and has:69.1    (1) applied for a temporary license on a form provided by the board;69.2    (2) submitted a form provided by the board authorizing the board to complete a 69.3criminal background check;69.4    (3) submitted evidence satisfactory to the board that the applicant is currently 69.5licensed or credentialed to practice social work in another jurisdiction;69.6    (4) attested on a form provided by the board that the applicant has completed the 69.7requirements for a baccalaureate or graduate degree in social work from a program 69.8accredited by the Council on Social Work Education, the Canadian Association of Schools 69.9of Social Work, or a similar accreditation body designated by the board, or a doctorate in 69.10social work from an accredited university; and69.11    (5) not engaged in conduct that was or would be in violation of the standards of 69.12practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 69.13conduct that was or would be in violation of the standards of practice, the board may take 69.14action according to sections 148E.255 to 148E.270.69.15    Subd. 3.Teachers.The board may issue a temporary license to practice social work 69.16to an applicant whose permanent residence is outside the United States, who is teaching 69.17social work at an academic institution in Minnesota for a period not to exceed 12 months, 69.18who may or may not have applied for a license under section 148E.055, and who has:69.19    (1) applied for a temporary license on a form provided by the board;69.20    (2) submitted a form provided by the board authorizing the board to complete a 69.21criminal background check;69.22    (3) attested on a form provided by the board that the applicant has completed the 69.23requirements for a baccalaureate or graduate degree in social work; and69.24    (4) has not engaged in conduct that was or would be in violation of the standards 69.25of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 69.26conduct that was or would be in violation of the standards of practice, the board may take 69.27action according to sections 148E.255 to 148E.270.69.28    Subd. 4.Temporary license application fee.An applicant for a temporary license 69.29must pay the application fee specified in section 148E.180 plus the required fee for 69.30the cost of the criminal background check. Only one fee for the cost of the criminal 69.31background check must be submitted when the applicant is applying for both a temporary 69.32license and a license under section 148E.055.69.33    Subd. 5.Temporary license term.(a) A temporary license is valid until expiration, 69.34or until the board issues or denies the license according to section 148E.055, or until 69.35the board revokes the temporary license, whichever comes first. A temporary license is 69.36nonrenewable.70.1    (b) A temporary license issued according to subdivision 1 or 2 expires after six 70.2months.70.3    (c) A temporary license issued according to subdivision 3 expires after 12 months.70.4    Subd. 6.Licensee with temporary license; baccalaureate degree.A licensee 70.5with a temporary license who has provided evidence to the board that the licensee has 70.6completed the requirements for a baccalaureate degree in social work from a program 70.7accredited by the Council on Social Work Education, the Canadian Association of Schools 70.8of Social Work, or a similar accreditation body designated by the board may temporarily 70.9engage in social work practice except that a licensee with a temporary license may not 70.10engage in clinical social work practice.70.11    Subd. 7.Licensee with temporary license; graduate degree.A licensee with a 70.12temporary license who has provided evidence to the board that the licensee has completed 70.13the requirements for a graduate degree in social work from a program accredited by the 70.14Council on Social Work Education, the Canadian Association of Schools of Social Work, 70.15or a similar accreditation body designated by the board may temporarily engage in social 70.16work practice, including clinical practice.70.17    Subd. 8.Supervision requirements.(a) Except as provided in paragraph (b), an 70.18applicant who is not currently licensed or credentialed to practice social work in another 70.19jurisdiction and who obtains a temporary license may practice social work only under 70.20the supervision of an individual licensed as a social worker who is eligible to provide 70.21supervision under sections 148E.100 to 148E.125. Before the applicant is approved 70.22for licensure, the applicant's supervisor must attest to the board's satisfaction that the 70.23applicant has practiced social work under supervision. This supervision applies toward 70.24the supervision required after licensure.70.25    (b) If an applicant is currently licensed or credentialed to practice social work in 70.26another jurisdiction, and receives a temporary license according to subdivision 3, the 70.27requirements specified in paragraph (a) do not apply. However, if an applicant with a 70.28temporary license chooses to practice social work under supervision, the supervision 70.29applies to the requirements specified in sections 148E.100 to 148E.125.70.30    Subd. 9.Prohibition on practice.An applicant for a temporary license must not 70.31practice social work in Minnesota, except as provided in section 148E.065, until the 70.32applicant has been granted a temporary license.70.33    Subd. 10.Representation of professional status.In making representations of 70.34professional status to the public, a licensee with a temporary license must state that the 70.35licensee has a temporary license.71.1    Subd. 11.Standards of practice.A licensee with a temporary license must conduct 71.2all professional activities as a social worker according to the requirements of sections 71.3148E.195 to 148E.240.71.4    Subd. 12.Ineligibility.An applicant who is currently practicing social work in 71.5Minnesota in a setting that is not exempt under section 148E.065 at the time of application 71.6is ineligible for a temporary license.71.7    Subd. 13.Revocation of temporary license.The board may immediately revoke 71.8the temporary license of any licensee who violates any requirements of this section. The 71.9revocation must be made for cause, without notice or opportunity to be heard. A licensee 71.10whose temporary license is revoked must immediately return the temporary license to 71.11the board.71.12    Sec. 76. [148E.065] EXEMPTIONS.71.13    Subdivision 1.Other professionals.Nothing in this chapter may be construed 71.14to prevent members of other professions or occupations from performing functions 71.15for which they are qualified or licensed. This exception includes but is not limited to: 71.16licensed physicians, registered nurses, licensed practical nurses, licensed psychologists, 71.17psychological practitioners, probation officers, members of the clergy and Christian 71.18Science practitioners, attorneys, marriage and family therapists, alcohol and drug 71.19counselors, professional counselors, school counselors, and registered occupational 71.20therapists or certified occupational therapist assistants. These persons must not, however, 71.21hold themselves out to the public by any title or description stating or implying that they 71.22are engaged in the practice of social work, or that they are licensed to engage in the 71.23practice of social work. Persons engaged in the practice of social work are not exempt 71.24from the board's jurisdiction solely by the use of one of the titles in this subdivision.71.25    Subd. 2.Students.An internship, externship, or any other social work experience 71.26that is required for the completion of an accredited program of social work does not 71.27constitute the practice of social work under this chapter.71.28    Subd. 3.Geographic waiver.A geographic waiver may be granted by the board on 71.29a case-by-case basis to agencies with special regional hiring problems. The waiver is for 71.30the purpose of permitting agencies to hire individuals who do not meet the qualifications 71.31of section 148E.055 or 148E.060 to practice social work.71.32    Subd. 4.City, county, and state agency social workers.The licensure of city, 71.33county, and state agency social workers is voluntary. City, county, and state agencies 71.34employing social workers are not required to employ licensed social workers.72.1    Subd. 5.Tribes and private nonprofit agencies; voluntary licensure.The 72.2licensure of social workers who are employed by federally recognized tribes, or by private 72.3nonprofit agencies whose primary service focus addresses ethnic minority populations, 72.4and who are themselves members of ethnic minority populations within those agencies, is 72.5voluntary.72.6    Sec. 77. [148E.070] LICENSE RENEWALS.72.7    Subdivision 1.License renewal term.(a) If a license is renewed, the license must 72.8be renewed for a two-year renewal term. The renewal term is the period from the effective 72.9date of an initial or renewed license to the expiration date of the license.72.10    (b) The effective date of a renewed license is the day following the expiration date 72.11of the expired license.72.12    (c) The expiration date of a renewed license is the last day of the licensee's birth 72.13month in the second calendar year following the effective date of the renewed license.72.14    Subd. 2.Mailing license renewal notices.The board must mail a notice for license 72.15renewal to a licensee at least 45 days before the expiration date of the license. Mailing the 72.16notice by United States mail to the licensee's last known mailing address constitutes valid 72.17mailing. Failure to receive the renewal notice does not relieve a licensee of the obligation 72.18to renew a license and to pay the renewal fee.72.19    Subd. 3.Submitting license renewal applications.(a) In order to renew a license, 72.20a licensee must submit:72.21    (1) a completed, signed application for license renewal; and72.22    (2) the applicable renewal fee specified in section 148E.180.72.23The completed, signed application and renewal fee must be received by the board prior to 72.24midnight of the day of the license expiration date. For renewals submitted electronically, a 72.25"signed application" means providing an attestation as specified by the board.72.26    (b) An application which is not completed and signed, or which is not accompanied 72.27by the correct fee, must be returned to the applicant, along with any fee submitted, and is 72.28void.72.29    (c) The completed, signed application must include documentation that the licensee 72.30has met the continuing education requirements specified in sections 148E.130 to 148E.17072.31and, if applicable, the supervised practice requirements specified in sections 148E.100 to 72.32148E.125.72.33    (d) By submitting a renewal application, an applicant authorizes the board to:73.1    (1) investigate any information provided or requested in the application. The 73.2board may request that the applicant provide additional information, verification, or 73.3documentation;73.4    (2) conduct an audit to determine if the applicant has met the continuing education 73.5requirements specified in sections 148E.130 to 148E.170; and73.6    (3) if applicable, conduct an audit to determine whether the applicant has met the 73.7supervision requirements specified in sections 148E.100 to 148E.125.73.8    (e) If a licensee's application for license renewal meets the requirements specified in 73.9paragraph (a), the licensee may continue to practice after the license expiration date until 73.10the board approves or denies the application.73.11    Subd. 4.Renewal late fee.An application that is received after the license 73.12expiration date must be accompanied by the renewal late fee specified in section 148E.18073.13in addition to the applicable renewal fee. The application, renewal fee, and renewal late 73.14fee must be received by the board within 60 days of the license expiration date, or the 73.15license automatically expires.73.16    Subd. 5.Expired license.(a) If an application does not meet the requirements 73.17specified in subdivisions 3 and 4, the license automatically expires. A licensee whose 73.18license has expired may reactivate a license by meeting the requirements in section 73.19148E.080 or be relicensed by meeting the requirements specified in section 148E.055.73.20    (b) The board may take action according to sections 148E.255 to 148E.270 based on 73.21a licensee's conduct before the expiration of the license.73.22    (c) An expired license may be reactivated within one year of the expiration date 73.23specified in section 148E.080. After one year of the expiration date, an individual may 73.24apply for a new license according to section 148E.055.73.25    Sec. 78. [148E.075] INACTIVE LICENSES.73.26    Subdivision 1.Inactive status.(a) A licensee qualifies for inactive status under 73.27either of the circumstances described in paragraph (b) or (c).73.28    (b) A licensee qualifies for inactive status when the licensee is granted temporary 73.29leave from active practice. A licensee qualifies for temporary leave from active practice if 73.30the licensee demonstrates to the satisfaction of the board that the licensee is not engaged 73.31in the practice of social work in any setting, including settings in which social workers 73.32are exempt from licensure according to section 148E.065. A licensee who is granted 73.33temporary leave from active practice may reactivate the license according to section 73.34148E.080.74.1    (c) A licensee qualifies for inactive status when a licensee is granted an emeritus 74.2license. A licensee qualifies for an emeritus license if the licensee demonstrates to the 74.3satisfaction of the board that:74.4    (1) the licensee is retired from social work practice; and74.5    (2) the licensee is not engaged in the practice of social work in any setting, including 74.6settings in which social workers are exempt from licensure according to section 148E.065.74.7A licensee who possesses an emeritus license may reactivate the license according to 74.8section 148E.080.74.9    Subd. 2.Application.A licensee may apply for inactive status:74.10    (1) at any time by submitting an application for a temporary leave from active 74.11practice or for an emeritus license; or74.12    (2) as an alternative to applying for the renewal of a license by so recording on 74.13the application for license renewal and submitting the completed, signed application to 74.14the board.74.15    An application that is not completed or signed, or that is not accompanied by the 74.16correct fee, must be returned to the applicant, along with any fee submitted, and is void. 74.17For applications submitted electronically, a "signed application" means providing an 74.18attestation as specified by the board.74.19    Subd. 3.Fee.(a) Regardless of when the application for inactive status is submitted, 74.20the temporary leave or emeritus license fee specified in section 148E.180, whichever is 74.21applicable, must accompany the application. A licensee who is approved for inactive 74.22status before the license expiration date is not entitled to receive a refund for any portion 74.23of the license or renewal fee.74.24    (b) If an application for temporary leave is received after the license expiration date, 74.25the licensee must pay a renewal late fee as specified in section 148E.180 in addition to 74.26the temporary leave fee.74.27    Subd. 4.Time limits for temporary leaves.A licensee may maintain an inactive 74.28license on temporary leave for no more than five consecutive years. If a licensee does 74.29not apply for reactivation within 60 days following the end of the consecutive five-year 74.30period, the license automatically expires.74.31    Subd. 5.Time limits for emeritus license.A licensee with an emeritus license may 74.32not apply for reactivation according to section 148E.080 after five years following the 74.33granting of the emeritus license. However, after five years following the granting of the 74.34emeritus license, an individual may apply for new licensure according to section 148E.055.75.1    Subd. 6.Prohibition on practice.(a) Except as provided in paragraph (b), a 75.2licensee whose license is inactive must not practice, attempt to practice, offer to practice, 75.3or advertise or hold out as authorized to practice social work.75.4    (b) The board may grant a variance to the requirements of paragraph (a) if a licensee 75.5on inactive status provides emergency social work services. A variance is granted only 75.6if the board provides the variance in writing to the licensee. The board may impose 75.7conditions or restrictions on the variance.75.8    Subd. 7.Representations of professional status.In making representations of 75.9professional status to the public, a licensee whose license is inactive must state that the 75.10license is inactive and that the licensee cannot practice social work.75.11    Subd. 8.Disciplinary or other action.The board may resolve any pending 75.12complaints against a licensee before approving an application for inactive status. The 75.13board may take action according to sections 148E.255 to 148E.270 against a licensee 75.14whose license is inactive based on conduct occurring before the license is inactive or 75.15conduct occurring while the license is inactive.75.16    Sec. 79. [148E.080] REACTIVATIONS.75.17    Subdivision 1.Mailing notices to licensees on temporary leave.The board must 75.18mail a notice for reactivation to a licensee on temporary leave at least 45 days before the 75.19expiration date of the license according to section 148E.075, subdivision 4. Mailing the 75.20notice by United States mail to the licensee's last known mailing address constitutes 75.21valid mailing. Failure to receive the reactivation notice does not relieve a licensee of the 75.22obligation to comply with the provisions of this section to reactivate a license.75.23    Subd. 2.Reactivation from a temporary leave or emeritus status.To reactivate a 75.24license from a temporary leave or emeritus status, a licensee must do the following within 75.25the time period specified in section 148E.075, subdivisions 4 and 5:75.26    (1) complete an application form specified by the board;75.27    (2) document compliance with the continuing education requirements specified in 75.28subdivision 4;75.29    (3) submit a supervision plan, if required;75.30    (4) pay the reactivation of an inactive licensee fee specified in section 148E.180; and75.31    (5) pay the wall certificate fee according to section 148E.095, subdivision 1, 75.32paragraph (b) or (c), if the licensee needs a duplicate license.75.33    Subd. 3.Reactivation of an expired license.To reactivate an expired license, a 75.34licensee must do the following within one year of the expiration date:75.35    (1) complete an application form specified by the board;76.1    (2) document compliance with the continuing education requirements that were 76.2in effect at the time the license expired;76.3    (3) document compliance with the supervision requirements, if applicable, that were 76.4in effect at the time the license expired; and76.5    (4) pay the reactivation of an expired license fee specified in section 148E.180.76.6    Subd. 4.Continuing education requirements.(a) A licensee who is on temporary 76.7leave or who has an emeritus license must obtain the continuing education hours that 76.8would be required if the license was active. At the time of reactivation, the licensee must 76.9document compliance with the continuing education requirements specified in sections 76.10148E.130 to 148E.170.76.11    (b) A licensee applying for reactivation according to subdivision 2 or 3 may apply 76.12for a variance to the continuing education requirements according to sections 148E.130 to 76.13148E.170.76.14    Subd. 5.Reactivation of a voluntarily terminated license.To reactivate a 76.15voluntarily terminated license, a licensee must do the following within one year of the 76.16date the voluntary termination takes effect:76.17    (1) complete an application form specified by the board;76.18    (2) document compliance with the continuing education requirements that were in 76.19effect at the time the license was voluntarily terminated;76.20    (3) document compliance with the supervision requirements, if applicable, that were 76.21in effect at the time the license was voluntarily terminated; and76.22    (4) pay the reactivation of an expired or voluntarily terminated license fee specified 76.23in section 148E.180.76.24    Sec. 80. [148E.085] VOLUNTARY TERMINATIONS.76.25    Subdivision 1.Requests for voluntary termination.(a) A licensee may request 76.26voluntary termination of a license if the licensee demonstrates to the satisfaction of the 76.27board that the licensee is not engaged in the practice of social work in any setting except 76.28settings in which social workers are exempt from licensure according to section 148E.065.76.29    (b) A licensee may apply for voluntary termination:76.30    (1) at any time by submitting an application; or76.31    (2) as an alternative to applying for the renewal of a license by so recording on 76.32the application for license renewal and submitting the completed, signed application to 76.33the board.77.1For applications submitted electronically, a "signed application" means providing an 77.2attestation as specified by the board. An application that is not completed and signed must 77.3be returned to the applicant and is void.77.4    (c) The board may resolve any pending complaints against a licensee before 77.5approving a request for voluntary termination.77.6    Subd. 2.Application for new licensure.A licensee who has voluntarily terminated 77.7a license may not reactivate the license after one year following the date the voluntary 77.8termination takes effect. However, a licensee who has voluntarily terminated a license 77.9may apply for a new license according to section 148E.055.77.10    Subd. 3.Prohibition on practice.A licensee who has voluntarily terminated a 77.11license must not practice, attempt to practice, offer to practice, or advertise or hold out as 77.12authorized to practice social work, except when the individual is exempt from licensure 77.13according to section 148E.065.77.14    Subd. 4.Disciplinary or other action.The board may take action according to 77.15sections 148E.255 to 148E.270 against a licensee whose license has been terminated 77.16based on conduct occurring before the license is terminated or for practicing social 77.17work without a license.77.18    Sec. 81. [148E.090] NAME; CHANGE OF NAME OR ADDRESS.77.19    Subdivision 1.Name.A licensee must use the licensee's legal name or a professional 77.20name. If the licensee uses a professional name, the licensee must inform the board in 77.21writing of both the licensee's professional name and legal name and must comply with 77.22the requirements of this section.77.23    Subd. 2.Legal name change.Within 30 days after changing the licensee's legal 77.24name, a licensee must:77.25    (1) request a new license wall certificate;77.26    (2) provide legal verification of the name change; and77.27    (3) pay the license wall certificate fee specified in section 148E.180.77.28    Subd. 3.Professional name change.Within 30 days after changing the licensee's 77.29professional name, a licensee must:77.30    (1) request a new license wall certificate;77.31    (2) provide a notarized statement attesting to the name change; and77.32    (3) pay the license wall certificate fee specified in section 148E.180.77.33    Subd. 4.Address or telephone change.When a licensee changes a mailing 77.34address, home address, work address, e-mail address, or daytime public telephone number, 78.1the licensee must notify the board of the change electronically or in writing no more 78.2than 30 days after the date of the change.78.3    Sec. 82. [148E.095] LICENSE CERTIFICATE OR CARD.78.4    Subdivision 1.License wall certificate.(a) The board must issue a new license 78.5wall certificate when the board issues a new license. No fee in addition to the applicable 78.6license fee specified in section 148E.180 is required.78.7    (b) The board must replace a license wall certificate when:78.8    (1) a licensee submits an affidavit to the board that the original license wall 78.9certificate was lost, stolen, or destroyed; and78.10    (2) the licensee submits the license wall certificate fee specified in section 148E.180.78.11    (c) The board must issue a revised license wall certificate when:78.12    (1) a licensee requests a revised license wall certificate according to this section; and78.13    (2) a licensee submits the license wall certificate fee specified in section 148E.180.78.14    (d) The board must issue an additional license wall certificate when:78.15    (1) a licensee submits a written request for a new certificate because the licensee 78.16practices in more than one location; and78.17    (2) the licensee submits the license wall certificate fee specified in section 148E.180.78.18    Subd. 2.License card.(a) The board must issue a new license card when the 78.19board issues a new license. No fee in addition to the applicable license fee specified 78.20in section 148E.180 is required.78.21    (b) The board must replace a license card when a licensee submits:78.22    (1) an affidavit to the board that the original license card was lost, stolen, or 78.23destroyed; and78.24    (2) the license card fee specified in section 148E.180.78.25    (c) The board must issue a revised license card when the licensee submits a written 78.26request for a new license wall certificate because of a new professional or legal name 78.27according to section 148E.090, subdivision 2 or 3. No fee in addition to the one specified 78.28in subdivision 1, paragraph (b), is required.78.29    Sec. 83. [148E.100] LICENSED SOCIAL WORKERS; SUPERVISED 78.30PRACTICE.78.31    Subdivision 1.Supervision required after licensure.After receiving a license 78.32from the board as a licensed social worker, the licensed social worker must obtain at least 78.33100 hours of supervision according to the requirements of this section.79.1    Subd. 2.Practice requirements.The supervision required by subdivision 1 must be 79.2obtained during the first 4,000 hours of postbaccalaureate social work practice authorized 79.3by law. At least four hours of supervision must be obtained during every 160 hours of 79.4practice.79.5    Subd. 3.Types of supervision.Of the 100 hours of supervision required under 79.6subdivision 1:79.7    (1) 50 hours must be provided through one-on-one supervision, including: (i) 79.8a minimum of 25 hours of in-person supervision, and (ii) no more than 25 hours of 79.9supervision via eye-to-eye electronic media; and79.10    (2) 50 hours must be provided through: (i) one-on-one supervision, or (ii) group 79.11supervision. The supervision may be in-person, by telephone, or via eye-to-eye electronic 79.12media. The supervision must not be provided by e-mail. Group supervision is limited to 79.13six members not counting the supervisor or supervisors.79.14    Subd. 4.Supervisor requirements.The supervision required by subdivision 1 must 79.15be provided by a supervisor who:79.16    (1) is a licensed social worker who has completed the supervised practice 79.17requirements;79.18    (2) is a licensed graduate social worker, licensed independent social worker, or 79.19licensed independent clinical social worker; or79.20    (3) meets the requirements specified in section 148E.120, subdivision 2.79.21    Subd. 5.Supervisee requirements.The supervisee must:79.22    (1) to the satisfaction of the supervisor, practice competently and ethically according 79.23to professional social work knowledge, skills, and values;79.24    (2) receive supervision in the following content areas:79.25    (i) development of professional values and responsibilities;79.26    (ii) practice skills;79.27    (iii) authorized scope of practice;79.28    (iv) ensuring continuing competence; and79.29    (v) ethical standards of practice;79.30    (3) submit a supervision plan according to section 148E.125, subdivision 1; and79.31    (4) if the board audits the supervisee's supervised practice, submit verification of 79.32supervised practice according to section 148E.125, subdivision 3.79.33    Subd. 6.After completion of supervision requirements.A licensed social worker 79.34who fulfills the supervision requirements specified in subdivisions 1 to 5 is not required to 79.35be supervised after completion of the supervision requirements.80.1    Subd. 7.Attestation.The social worker and the social worker's supervisor must 80.2attest that the supervisee has met or has made progress on meeting the applicable 80.3supervision requirements according to section 148E.125, subdivision 2.80.4    Sec. 84. [148E.105] LICENSED GRADUATE SOCIAL WORKERS WHO DO 80.5NOT PRACTICE CLINICAL SOCIAL WORK; SUPERVISED PRACTICE.80.6    Subdivision 1.Supervision required after licensure.After receiving a license 80.7from the board as a licensed graduate social worker, a licensed graduate social worker 80.8must obtain at least 100 hours of supervision according to the requirements of this section.80.9    Subd. 2.Practice requirements.The supervision required by subdivision 1 must 80.10be obtained during the first 4,000 hours of postgraduate social work practice authorized 80.11by law. At least four hours of supervision must be obtained during every 160 hours of 80.12practice.80.13    Subd. 3.Types of supervision.Of the 100 hours of supervision required under 80.14subdivision 1:80.15    (1) 50 hours must be provided though one-on-one supervision, including: (i) 80.16a minimum of 25 hours of in-person supervision, and (ii) no more than 25 hours of 80.17supervision via eye-to-eye electronic media; and80.18    (2) 50 hours must be provided through: (i) one-on-one supervision, or (ii) group 80.19supervision. The supervision may be in-person, by telephone, or via eye-to-eye electronic 80.20media. The supervision must not be provided by e-mail. Group supervision is limited 80.21to six supervisees.80.22    Subd. 4.Supervisor requirements.The supervision required by subdivision 1 must 80.23be provided by a supervisor who meets the requirements specified in section 148E.120. 80.24The supervision must be provided by a:80.25    (1) licensed independent social worker; 80.26    (2) licensed graduate social worker who has completed the supervised practice 80.27requirements; 80.28    (3) licensed independent clinical social worker; or 80.29    (4) a supervisor who meets the requirements specified in section 148E.120, 80.30subdivision 2.80.31    Subd. 5.Supervisee requirements.The supervisee must:80.32    (1) to the satisfaction of the supervisor, practice competently and ethically according 80.33to professional social work knowledge, skills, and values;80.34    (2) receive supervision in the following content areas:80.35    (i) development of professional values and responsibilities;81.1    (ii) practice skills;81.2    (iii) authorized scope of practice;81.3    (iv) ensuring continuing competence; and81.4    (v) ethical standards of practice;81.5    (3) submit a supervision plan according to section 148E.125, subdivision 1; and81.6    (4) verify supervised practice according to section 148E.125, subdivision 3, if:81.7    (i) the board audits the supervisee's supervised practice; or81.8    (ii) a licensed graduate social worker applies for a licensed independent social 81.9worker license.81.10    Subd. 6.Supervision not required after completion of supervision requirements.81.11    A licensed graduate social worker who fulfills the supervision requirements specified in 81.12subdivisions 1 to 5, and who does not practice clinical social work, is not required to be 81.13supervised after completion of the supervision requirements.81.14    Subd. 7.Attestation.A social worker and the social worker's supervisor must attest 81.15that the supervisee has met or has made progress on meeting the applicable supervision 81.16requirements according to section 148E.125, subdivision 2.81.17    Subd. 8.Eligibility to apply for licensure as a licensed independent social 81.18worker.Upon completion of 4,000 hours of social work practice, including at least 100 81.19hours of supervision according to the requirements of this section, a licensed graduate 81.20social worker is eligible to apply for a licensed independent social worker license 81.21according to section 148E.110.81.22    Sec. 85. [148E.106] LICENSED GRADUATE SOCIAL WORKERS WHO 81.23PRACTICE CLINICAL SOCIAL WORK; SUPERVISED PRACTICE.81.24    Subdivision 1.Supervision required after licensure.After receiving a license 81.25from the board as a licensed graduate social worker, a licensed graduate social worker 81.26must obtain at least 200 hours of supervision according to the requirements of this section.81.27    Subd. 2.Practice requirements.The supervision required by subdivision 1 must 81.28be obtained during the first 4,000 hours of postgraduate social work practice authorized 81.29by law. At least eight hours of supervision must be obtained during every 160 hours of 81.30practice.81.31    Subd. 3.Types of supervision.Of the 200 hours of supervision required under 81.32subdivision 1:81.33    (1) 100 hours must be provided through one-on-one supervision, including: (i) 81.34a minimum of 50 hours of in-person supervision, and (ii) no more than 50 hours of 81.35supervision via eye-to-eye electronic media; and82.1    (2) 100 hours must be provided through: (i) one-on-one supervision, or (ii) group 82.2supervision. The supervision may be in-person, by telephone, or via eye-to-eye electronic 82.3media. The supervision must not be provided by e-mail. Group supervision is limited 82.4to six supervisees.82.5    Subd. 4.Supervisor requirements.The supervision required by subdivision 1 must 82.6be provided by a supervisor who meets the requirements specified in section 148E.120. 82.7The supervision must be provided:82.8    (1) by a licensed independent clinical social worker; or82.9    (2) by a supervisor who meets the requirements specified in section 148E.120, 82.10subdivision 2.82.11    Subd. 5.Supervisee requirements.The supervisee must:82.12    (1) to the satisfaction of the supervisor, practice competently and ethically according 82.13to professional social work knowledge, skills, and values;82.14    (2) receive supervision in the following content areas:82.15    (i) development of professional values and responsibilities;82.16    (ii) practice skills;82.17    (iii) authorized scope of practice;82.18    (iv) ensuring continuing competence; and82.19    (v) ethical standards of practice;82.20    (3) submit a supervision plan according to section 148E.125, subdivision 1; and 82.21    (4) verify supervised practice according to section 148E.125, subdivision 3, if:82.22    (i) the board audits the supervisee's supervised practice; or82.23    (ii) a licensed graduate social worker applies for a licensed independent clinical 82.24social worker license.82.25    Subd. 6.Supervision required.A licensed graduate social worker must not engage 82.26in clinical social work practice except under supervision by a licensed independent 82.27clinical social worker or an alternate supervisor designated according to section 148E.120, 82.28subdivision 2.82.29    Subd. 7.Limit on practice of clinical social work.(a) Except as provided in 82.30subdivision 8, a licensed graduate social worker must not engage in clinical social work 82.31practice under supervision for more than 8,000 hours. In order to practice clinical social 82.32work for more than 8,000 hours, a licensed graduate social worker must obtain a licensed 82.33independent clinical social worker license.82.34    (b) Notwithstanding the requirements of paragraph (a), the board may grant a 82.35licensed graduate social worker permission to engage in clinical social work practice for 82.36more than 8,000 hours if the licensed graduate social worker petitions the board and 83.1demonstrates to the board's satisfaction that for reasons of personal hardship the licensed 83.2graduate social worker should be granted an extension to continue practicing clinical 83.3social work under supervision for up to an additional 2,000 hours.83.4    Subd. 8.Eligibility to apply for licensure as a licensed independent social 83.5worker.Upon completion of 4,000 hours of clinical social work practice, including at 83.6least 1,800 hours of direct clinical client contact and 200 hours of supervision according to 83.7the requirements of this section, a licensed graduate social worker is eligible to apply for a 83.8licensed independent clinical social worker license under section 148E.115, subdivision 1.83.9    Subd. 9.Attestation.A social worker and the social worker's supervisor must attest 83.10that the supervisee has met or has made progress on meeting the applicable supervision 83.11requirements according to section 148E.125, subdivision 2.83.12    Sec. 86. [148E.110] LICENSED INDEPENDENT SOCIAL WORKERS; 83.13SUPERVISED PRACTICE.83.14    Subdivision 1.Supervision required before licensure.Before becoming licensed 83.15as a licensed independent social worker, a person must have obtained at least 100 hours 83.16of supervision during 4,000 hours of postgraduate social work practice required by law 83.17according to the requirements of section 148E.105, subdivisions 3, 4, and 5. At least four 83.18hours of supervision must be obtained during every 160 hours of practice.83.19    Subd. 2.Licensed independent social workers; clinical social work after 83.20licensure.After licensure, a licensed independent social worker must not engage in 83.21clinical social work practice except under supervision by a licensed independent clinical 83.22social worker or an alternate supervisor designated according to section 148E.120, 83.23subdivision 2.83.24    Subd. 3.Limit on practice of clinical social work.(a) Except as provided in 83.25paragraph (b), a licensed independent social worker must not engage in clinical social 83.26work practice under supervision for more than 8,000 hours. In order to practice clinical 83.27social work for more than 8,000 hours, a licensed independent social worker must obtain a 83.28licensed independent clinical social worker license.83.29    (b) Notwithstanding the requirements of paragraph (a), the board may grant a 83.30licensed independent social worker permission to engage in clinical social work practice 83.31for more than 8,000 hours if the licensed independent social worker petitions the board 83.32and demonstrates to the board's satisfaction that for reasons of personal hardship the 83.33licensed independent social worker should be granted an extension to continue practicing 83.34clinical social work under supervision for up to an additional 2,000 hours.84.1    Subd. 4.Licensed independent social workers who do not practice clinical 84.2social work after licensure.After licensure, a licensed independent social worker is not 84.3required to be supervised if the licensed independent social worker does not practice 84.4clinical social work.84.5    Sec. 87. [148E.115] LICENSED INDEPENDENT CLINICAL SOCIAL 84.6WORKERS; SUPERVISION.84.7    Subdivision 1.Supervision required before licensure.Before becoming licensed 84.8as a licensed independent clinical social worker, a person must have obtained at least 200 84.9hours of supervision during 4,000 hours of postgraduate clinical practice required by law 84.10according to the requirements of section 148E.106.84.11    Subd. 2.No supervision required after licensure.After licensure, a licensed 84.12independent clinical social worker is not required to be supervised.84.13    Sec. 88. [148E.120] REQUIREMENTS OF SUPERVISORS.84.14    Subdivision 1.Supervisors licensed as social workers.(a) Except as provided in 84.15paragraph (b), to be eligible to provide supervision under this section, a social worker must:84.16    (1) have at least 2,000 hours of experience in authorized social work practice. If 84.17the person is providing clinical supervision, the 2,000 hours must include 1,000 hours of 84.18experience in clinical practice;84.19    (2) have completed 30 hours of training in supervision through coursework from 84.20an accredited college or university, or through continuing education in compliance with 84.21sections 148E.130 to 148E.170;84.22    (3) be competent in the activities being supervised; and 84.23    (4) attest, on a form provided by the board, that the social worker has met the 84.24applicable requirements specified in this section and sections 148E.100 to 148E.115. The 84.25board may audit the information provided to determine compliance with the requirements 84.26of this section.84.27    (b) If the board determines that supervision is not obtainable from an individual 84.28meeting the requirements specified in paragraph (a), the board may approve an alternate 84.29supervisor according to subdivision 2.84.30    Subd. 2.Alternate supervisors.(a) The board may approve an alternate supervisor 84.31if:84.32    (1) the board determines that supervision is not obtainable according to paragraph 84.33(b);85.1    (2) the licensee requests in the supervision plan submitted according to section 85.2148E.125, subdivision 1, that an alternate supervisor conduct the supervision;85.3    (3) the licensee describes the proposed supervision and the name and qualifications 85.4of the proposed alternate supervisor; and85.5    (4) the requirements of paragraph (d) are met.85.6    (b) The board may determine that supervision is not obtainable if:85.7    (1) the licensee provides documentation as an attachment to the supervision plan 85.8submitted according to section 148E.125, subdivision 1, that the licensee has conducted a 85.9thorough search for a supervisor meeting the applicable licensure requirements specified 85.10in sections 148E.100 to 148E.115;85.11    (2) the licensee demonstrates to the board's satisfaction that the search was 85.12unsuccessful; and85.13    (3) the licensee describes the extent of the search and the names and locations of 85.14the persons and organizations contacted.85.15    (c) The requirements specified in paragraph (b) do not apply to obtaining supervision 85.16for clinical practice if the board determines that there are five or fewer licensed 85.17independent clinical social workers in the county where the licensee practices social work.85.18    (d) An alternate supervisor must:85.19    (1) be an unlicensed social worker who is employed in, and provides the supervision 85.20in, a setting exempt from licensure by section 148E.065, and who has qualifications 85.21equivalent to the applicable requirements specified in sections 148E.100 to 148E.115;85.22    (2) be a social worker engaged in authorized practice in Iowa, Manitoba, North 85.23Dakota, Ontario, South Dakota, or Wisconsin, and has the qualifications equivalent to the 85.24applicable requirements specified in sections 148E.100 to 148E.115; or85.25    (3) be a licensed marriage and family therapist or a mental health professional 85.26as established by section 245.462, subdivision 18, or 245.4871, subdivision 27, or an 85.27equivalent mental health professional, as determined by the board, who is licensed or 85.28credentialed by a state, territorial, provincial, or foreign licensing agency.85.29    In order to qualify to provide clinical supervision of a licensed graduate social 85.30worker or licensed independent social worker engaged in clinical practice, the alternate 85.31supervisor must be a mental health professional as established by section 245.462, 85.32subdivision 18, or 245.4871, subdivision 27, or an equivalent mental health professional, 85.33as determined by the board, who is licensed or credentialed by a state, territorial, 85.34provincial, or foreign licensing agency.85.35    Sec. 89. [148E.125] DOCUMENTATION OF SUPERVISION.86.1    Subdivision 1.Supervision plan.(a) A social worker must submit, on a form 86.2provided by the board, a supervision plan for meeting the supervision requirements 86.3specified in sections 148E.100 to 148E.120.86.4    (b) The supervision plan must be submitted no later than 90 days after the licensee 86.5begins a social work practice position after becoming licensed.86.6    (c) For failure to submit the supervision plan within 90 days after beginning a social 86.7work practice position, a licensee must pay the supervision plan late fee specified in 86.8section 148E.180 when the licensee applies for license renewal.86.9    (d) A license renewal application submitted according to paragraph (a) must not be 86.10approved unless the board has received a supervision plan.86.11    (e) The supervision plan must include the following:86.12    (1) the name of the supervisee, the name of the agency in which the supervisee is 86.13being supervised, and the supervisee's position title;86.14    (2) the name and qualifications of the person providing the supervision;86.15    (3) the number of hours of one-on-one in-person supervision and the number and 86.16type of additional hours of supervision to be completed by the supervisee;86.17    (4) the supervisee's position description;86.18    (5) a brief description of the supervision the supervisee will receive in the following 86.19content areas:86.20    (i) clinical practice, if applicable;86.21    (ii) development of professional social work knowledge, skills, and values;86.22    (iii) practice methods;86.23    (iv) authorized scope of practice;86.24    (v) ensuring continuing competence; and86.25    (vi) ethical standards of practice; and86.26    (6) if applicable, a detailed description of the supervisee's clinical social work 86.27practice, addressing:86.28    (i) the client population, the range of presenting issues, and the diagnoses;86.29    (ii) the clinical modalities that were utilized; and86.30    (iii) the process utilized for determining clinical diagnoses, including the diagnostic 86.31instruments used and the role of the supervisee in the diagnostic process.86.32    (f) The board must receive a revised supervision plan within 90 days of any of the 86.33following changes:86.34    (1) the supervisee has a new supervisor;86.35    (2) the supervisee begins a new social work position;86.36    (3) the scope or content of the supervisee's social work practice changes substantially;87.1    (4) the number of practice or supervision hours changes substantially; or87.2    (5) the type of supervision changes as supervision is described in section 148E.100, 87.3subdivision 3, or 148E.105, subdivision 3, or as required in section 148E.115.87.4    (g) For failure to submit a revised supervision plan as required in paragraph (f), a 87.5supervisee must pay the supervision plan late fee specified in section 148E.180, when 87.6the supervisee applies for license renewal.87.7    (h) The board must approve the supervisor and the supervision plan.87.8    Subd. 2.Attestation.(a) When a supervisee submits renewal application materials 87.9to the board, the supervisee and supervisor must submit an attestation providing the 87.10following information on a form provided by the board:87.11    (1) the name of the supervisee, the name of the agency in which the supervisee is 87.12being supervised, and the supervisee's position title;87.13    (2) the name and qualifications of the supervisor;87.14    (3) the number of hours and dates of each type of supervision completed;87.15    (4) the supervisee's position description;87.16    (5) a declaration that the supervisee has not engaged in conduct in violation of the 87.17standards of practice specified in sections 148E.195 to 148E.240;87.18    (6) a declaration that the supervisee has practiced competently and ethically 87.19according to professional social work knowledge, skills, and values; and87.20    (7) a list of the content areas in which the supervisee has received supervision, 87.21including the following:87.22    (i) clinical practice, if applicable;87.23    (ii) development of professional social work knowledge, skills, and values;87.24    (iii) practice methods;87.25    (iv) authorized scope of practice;87.26    (v) ensuring continuing competence; and87.27    (vi) ethical standards of practice.87.28    (b) The information provided on the attestation form must demonstrate to the board's 87.29satisfaction that the supervisee has met or has made progress on meeting the applicable 87.30supervised practice requirements.87.31    Subd. 3.Verification of supervised practice.(a) In addition to receiving the 87.32attestation required under subdivision 2, the board must receive verification of supervised 87.33practice if:87.34    (1) the board audits the supervision of a supervisee; or87.35    (2) an applicant applies for a license as a licensed independent social worker or as a 87.36licensed independent clinical social worker.88.1    (b) When verification of supervised practice is required according to paragraph (a), 88.2the board must receive from the supervisor the following information on a form provided 88.3by the board:88.4    (1) the name of the supervisee, the name of the agency in which the supervisee is 88.5being supervised, and the supervisee's position title;88.6    (2) the name and qualifications of the supervisor;88.7    (3) the number of hours and dates of each type of supervision completed;88.8    (4) the supervisee's position description;88.9    (5) a declaration that the supervisee has not engaged in conduct in violation of the 88.10standards of practice specified in sections 148E.195 to 148E.240;88.11    (6) a declaration that the supervisee has practiced ethically and competently 88.12according to professional social work knowledge, skills, and values;88.13    (7) a list of the content areas in which the supervisee has received supervision, 88.14including the following:88.15    (i) clinical practice, if applicable;88.16    (ii) development of professional social work knowledge, skills, and values;88.17    (iii) practice methods;88.18    (iv) authorized scope of practice;88.19    (v) ensuring continuing competence; and88.20    (vi) ethical standards of practice; and88.21    (8) if applicable, a detailed description of the supervisee's clinical social work 88.22practice, addressing:88.23    (i) the client population, the range of presenting issues, and the diagnoses;88.24    (ii) the clinical modalities that were utilized; and88.25    (iii) the process utilized for determining clinical diagnoses, including the diagnostic 88.26instruments used and the role of the supervisee in the diagnostic process.88.27    (c) The information provided on the verification form must demonstrate to the board's 88.28satisfaction that the supervisee has met the applicable supervised practice requirements.88.29    Subd. 4.Alternative verification of supervised practice.Notwithstanding the 88.30requirements of subdivision 3, the board may accept alternative verification of supervised 88.31practice if a supervisee demonstrates to the satisfaction of the board that the supervisee is 88.32unable to locate a former supervisor to provide the required information.88.33    Sec. 90. [148E.130] CLOCK HOURS REQUIRED.89.1    Subdivision 1.Total clock hours required.At the time of license renewal, a 89.2licensee must provide evidence satisfactory to the board that the licensee has, during the 89.3renewal term, completed at least 40 clock hours of continuing education.89.4    Subd. 2.Ethics requirement.At least two of the clock hours required under 89.5subdivision 1 must be in social work ethics.89.6    Subd. 3.Requirement for LICSWs.For licensed independent clinical social 89.7workers, at least 24 of the clock hours required under subdivision 1 must be in the clinical 89.8content areas specified in section 148E.055, subdivision 5.89.9    Subd. 4.Requirement for supervisors.For social workers providing supervision 89.10according to sections 148E.100 to 148E.125, at least six of the clock hours required under 89.11subdivision 1 must be in the practice of supervision.89.12    Subd. 5.Independent study.Independent study must not consist of more than ten 89.13clock hours of continuing education per renewal term. Independent study must be for 89.14publication, public presentation, or professional development. Independent study includes, 89.15but is not limited to, electronic study. For purposes of subdivision 6, independent study 89.16includes consultation with an experienced supervisor regarding the practice of supervision.89.17    Subd. 6.Coursework.One credit of coursework in a semester-based academic 89.18institution is the equivalent of 15 clock hours.89.19    Subd. 7.Prorated renewal term.If the licensee's renewal term is prorated to be 89.20less or more than 24 months, the required number of continuing education clock hours is 89.21prorated proportionately.89.22    Sec. 91. [148E.135] APPROVAL OF CLOCK HOURS.89.23    Subdivision 1.Ways of approving clock hours.The clock hours required under 89.24section 148E.130 must be approved in one or more of the following ways:89.25    (1) the hours must be offered by a continuing education provider approved by the 89.26board;89.27    (2) the hours must be offered by a continuing education provider approved by the 89.28Association of Social Work Boards or a similar examination body designated by the board;89.29    (3) the hours must be earned through a continuing education program approved by 89.30the National Association of Social Workers; or89.31    (4) the hours must be earned through a continuing education program approved 89.32by the board.89.33    Subd. 2.Preapproval not required.Providers and programs are not required to be 89.34preapproved but must meet the requirements specified in this section.90.1    Sec. 92. [148E.140] VARIANCES.90.2    The board may grant a variance to the continuing education requirements specified 90.3in section 148E.130, when a licensee demonstrates to the satisfaction of the board that the 90.4licensee is unable to complete the required number of clock hours during the renewal term. 90.5The board may allow a licensee to complete the required number of clock hours within a 90.6time frame specified by the board. The board must not allow a licensee to complete less 90.7than the required number of clock hours.90.8    Sec. 93. [148E.145] CONTINUING EDUCATION PROVIDERS APPROVED 90.9BY BOARD.90.10    Subdivision 1.Board approval.(a) The board must approve a continuing education 90.11provider who:90.12    (1) submits a completed application to the board which provides the information 90.13required by subdivision 2 and which meets the criteria specified in subdivision 3; and90.14    (2) pays the provider fee specified in section 148E.180.90.15    (b) An approval is valid for programs offered no later than one year from the date 90.16the application is approved by the board.90.17    Subd. 2.Information required.The information that must be provided to the board 90.18includes, but is not limited to, the following:90.19    (1) the name of the continuing education provider;90.20    (2) the address, telephone number, and e-mail address of a contact person for the 90.21provider;90.22    (3) a signed statement that indicates the provider understands and agrees to abide by 90.23the criteria specified in subdivision 3; and90.24    (4) a signed statement that indicates the provider agrees to furnish a certificate of 90.25attendance to each participant in a program offered by the provider.90.26    Subd. 3.Criteria for programs.(a) A continuing education provider must employ 90.27the following criteria in determining whether to offer a continuing education program:90.28    (1) whether the material to be presented will promote the standards of practice 90.29described in sections 148E.195 to 148E.240;90.30    (2) whether the material to be presented will contribute to the practice of social work 90.31as defined in section 148E.010;90.32    (3) whether the material to be presented is intended for the benefit of practicing 90.33social workers; and90.34    (4) whether the persons presenting the program are qualified in the subject matter 90.35being presented.91.1    (b) The material presented must not be primarily procedural or primarily oriented 91.2towards business practices or self-development.91.3    Subd. 4.Audits.(a) The board may audit programs offered by a continuing 91.4education provider approved by the board to determine compliance with the requirements 91.5of this section.91.6    (b) A continuing education provider audited by the board must provide the 91.7documentation specified in subdivision 5.91.8    Subd. 5.Records retention; continuing education providers.For three years 91.9following the end of each program offered by a continuing education provider, the 91.10provider must maintain the following information:91.11    (1) the title of the program;91.12    (2) a description of the content and objectives of the program;91.13    (3) the date of the program;91.14    (4) the number of clock hours credited for participation in the program;91.15    (5) the program location;91.16    (6) the names and qualifications of the primary presenters;91.17    (7) a description of the primary audience the program was designed for; and91.18    (8) a list of the participants in the program.91.19    Sec. 94. [148E.150] APPROVED CONTINUING EDUCATION PROVIDERS.91.20    In order to receive credit for a program offered by a continuing education provider 91.21approved by the Association of Social Work Boards or a similar examination body 91.22designated by the board, the provider must be listed on the Association of Social Work 91.23Boards Web site as a provider currently approved by the Association of Social Work 91.24Boards or a similar examination body designated by the board.91.25    Sec. 95. [148E.155] APPROVED CONTINUING EDUCATION PROGRAMS.91.26    In order to receive credit for a program approved by the National Association of 91.27Social Workers, the program must be listed on the National Association of Social Workers 91.28Web site as a program currently approved by the National Association of Social Workers.91.29    Sec. 96. [148E.160] CONTINUING EDUCATION PROGRAMS APPROVED 91.30BY BOARD.91.31    Subdivision 1.Required program content.In order to be approved by the board, a 91.32continuing education program must:91.33    (1) promote the standards of practice described in sections 148E.195 to 148E.240;92.1    (2) contribute to the practice of social work as defined in section 148E.010; and92.2    (3) not be primarily procedural or be primarily oriented towards business practices 92.3or self-development.92.4    Subd. 2.Types of continuing education programs.In order to be approved by 92.5the board, a continuing education program must be one of the following: academic 92.6coursework offered by an institution of higher learning; educational workshops, seminars, 92.7or conferences offered by an organization or individual; staff training offered by a public 92.8or private employer; or independent study.92.9    Sec. 97. [148E.165] CONTINUING EDUCATION REQUIREMENTS OF 92.10LICENSEES.92.11    Subdivision 1.Records retention; licensees.For one year following the expiration 92.12date of a license, the licensee must maintain documentation of clock hours earned during 92.13the previous renewal term. The documentation must include the following:92.14    (1) for educational workshops or seminars offered by an organization or at a 92.15conference, a copy of the certificate of attendance issued by the presenter or sponsor 92.16giving the following information:92.17    (i) the name of the sponsor or presenter of the program;92.18    (ii) the title of the workshop or seminar;92.19    (iii) the dates the licensee participated in the program; and92.20    (iv) the number of clock hours completed;92.21    (2) for academic coursework offered by an institution of higher learning, a copy of a 92.22transcript giving the following information:92.23    (i) the name of the institution offering the course;92.24    (ii) the title of the course;92.25    (iii) the dates the licensee participated in the course; and92.26    (iv) the number of credits completed;92.27    (3) for staff training offered by public or private employers, a copy of the certificate 92.28of attendance issued by the employer giving the following information:92.29    (i) the name of the employer;92.30    (ii) the title of the staff training;92.31    (iii) the dates the licensee participated in the program; and92.32    (iv) the number of clock hours completed; and92.33    (4) for independent study, including electronic study, a written summary of the study 92.34conducted, including the following information:92.35    (i) the topics studied;93.1    (ii) a description of the applicability of the study to the licensee's authorized scope of 93.2practice;93.3    (iii) the titles and authors of books and articles consulted or the name of the 93.4organization offering the study;93.5    (iv) the dates the licensee conducted the study; and93.6    (v) the number of clock hours the licensee conducted the study.93.7    Subd. 2.Audits.The board may audit license renewal and reactivation applications 93.8to determine compliance with the requirements of sections 148E.130 to 148E.170. A 93.9licensee audited by the board must provide the documentation specified in subdivision 93.101 regardless of whether the provider or program has been approved by the board, the 93.11Association of Social Work Boards, or a similar examination body designated by the 93.12board, or the National Association of Social Workers.93.13    Sec. 98. [148E.170] REVOCATION OF CONTINUING EDUCATION 93.14APPROVALS.93.15    The board may revoke approval of a provider or of a program offered by a provider, 93.16or of an individual program approved by the board, if the board determines subsequent 93.17to the approval that the provider or program failed to meet the requirements of sections 93.18148E.130 to 148E.170.93.19    Sec. 99. [148E.175] FEES.93.20    The fees specified in section 148E.180 are nonrefundable and must be deposited in 93.21the state government special revenue fund.93.22    Sec. 100. [148E.180] FEE AMOUNTS.93.23    Subdivision 1.Application fees.Application fees for licensure are as follows:93.24    (1) for a licensed social worker, $45;93.25    (2) for a licensed graduate social worker, $45;93.26    (3) for a licensed independent social worker, $90;93.27    (4) for a licensed independent clinical social worker, $90;93.28    (5) for a temporary license, $50; and93.29    (6) for a licensure by endorsement, $150.93.30    The fee for criminal background checks is the fee charged by the Bureau of Criminal 93.31Apprehension. The criminal background check fee must be included with the application 93.32fee as required according to section 148E.055.93.33    Subd. 2.License fees.License fees are as follows:94.1    (1) for a licensed social worker, $115.20;94.2    (2) for a licensed graduate social worker, $201.60;94.3    (3) for a licensed independent social worker, $302.40;94.4    (4) for a licensed independent clinical social worker, $331.20;94.5    (5) for an emeritus license, $43.20; and94.6    (6) for a temporary leave fee, the same as the renewal fee specified in subdivision 3.94.7    If the licensee's initial license term is less or more than 24 months, the required 94.8license fees must be prorated proportionately.94.9    Subd. 3.Renewal fees.Renewal fees for licensure are as follows:94.10    (1) for a licensed social worker, $115.20;94.11    (2) for a licensed graduate social worker, $201.60;94.12    (3) for a licensed independent social worker, $302.40; and94.13    (4) for a licensed independent clinical social worker, $331.20.94.14    Subd. 4.Continuing education provider fees.Continuing education provider 94.15fees are as follows:94.16    (1) for a provider who offers programs totaling one to eight clock hours in a one-year 94.17period according to section 148E.145, $50;94.18    (2) for a provider who offers programs totaling nine to 16 clock hours in a one-year 94.19period according to section 148E.145, $100;94.20    (3) for a provider who offers programs totaling 17 to 32 clock hours in a one-year 94.21period according to section 148E.145, $200;94.22    (4) for a provider who offers programs totaling 33 to 48 clock hours in a one-year 94.23period according to section 148E.145, $400; and94.24    (5) for a provider who offers programs totaling 49 or more clock hours in a one-year 94.25period according to section 148E.145, $600.94.26    Subd. 5.Late fees.Late fees are as follows:94.27    (1) renewal late fee, one-half of the renewal fee specified in subdivision 3; and94.28    (2) supervision plan late fee, $40.94.29    Subd. 6.License cards and wall certificates.(a) The fee for a license card as 94.30specified in section 148E.095 is $10.94.31    (b) The fee for a license wall certificate as specified in section 148E.095 is $30.94.32    Subd. 7.Reactivation fees.Reactivation fees are as follows:94.33    (1) reactivation from a temporary leave or emeritus status, the prorated share of the 94.34renewal fee specified in subdivision 3; and94.35    (2) reactivation of an expired license, 1-1/2 times the renewal fees specified in 94.36subdivision 3.95.1    Sec. 101. [148E.185] PURPOSE OF COMPLIANCE LAWS.95.2    The purpose of sections 148E.185 to 148E.290 is to protect the public by ensuring 95.3that all persons licensed as social workers meet minimum standards of practice. The 95.4board shall promptly and fairly investigate and resolve all complaints alleging violations 95.5of statutes and rules that the board is empowered to enforce and (1) take appropriate 95.6disciplinary action, adversarial action, or other action justified by the facts, or (2) enter 95.7into corrective action agreements or stipulations to cease practice, when doing so is 95.8consistent with the board's obligation to protect the public.95.9    Sec. 102. [148E.190] GROUNDS FOR ACTION.95.10    Subdivision 1.Scope.The grounds for action in subdivisions 2 to 4 and the 95.11standards of practice requirements in sections 148E.195 to 148E.240 apply to all licensees 95.12and applicants.95.13    Subd. 2.Violations.The board has grounds to take action according to sections 95.14148E.255 to 148E.270 when a social worker violates:95.15    (1) a statute or rule enforced by the board, including this section and sections 95.16148E.195 to 148E.240;95.17    (2) a federal or state law or rule related to the practice of social work; or95.18    (3) an order, stipulation, or agreement agreed to or issued by the board.95.19    Subd. 3.Conduct before licensure.A violation of the requirements specified in this 95.20section and sections 148E.195 to 148E.240 is grounds for the board to take action under 95.21sections 148E.255 to 148E.270. The board's jurisdiction to exercise the powers provided in 95.22this section extends to an applicant or licensee's conduct that occurred before licensure if:95.23    (1) the conduct did not meet the minimum accepted and prevailing standards of 95.24professional social work practice at the time the conduct occurred; or95.25    (2) the conduct adversely affects the applicant or licensee's present ability to practice 95.26social work in conformity with the requirements of sections 148E.195 to 148E.240.95.27    Subd. 4.Unauthorized practice.The board has grounds to take action according 95.28to sections 148E.255 to 148E.270 when a social worker:95.29    (1) practices outside the scope of practice authorized by section 148E.050;95.30    (2) engages in the practice of social work without a social work license under 95.31section 148E.055 or 148E.060, except when the social worker is exempt from licensure 95.32under section 148E.065;95.33    (3) provides social work services to a client who receives social work services in 95.34this state, and is not licensed under section 148E.055 or 148E.060, except when the social 95.35worker is exempt from licensure under section 148E.065.96.1    Sec. 103. [148E.195] REPRESENTATIONS TO CLIENTS AND PUBLIC.96.2    Subdivision 1.Required displays and information for clients.(a) A social worker 96.3must conspicuously display at the social worker's places of practice, or make available as 96.4a handout for all clients, information that the client has the right to the following:96.5    (1) to be informed of the social worker's license status, education, training, and 96.6experience;96.7    (2) to examine public data on the social worker maintained by the board;96.8    (3) to report a complaint about the social worker's practice to the board; and96.9    (4) to be informed of the board's mailing address, e-mail address, Web site address, 96.10and telephone number.96.11    (b) A social worker must conspicuously display the social worker's wall certificate at 96.12the social worker's places of practice and office locations. Additional wall certificates may 96.13be requested according to section 148E.095.96.14    Subd. 2.Representations.(a) No applicant or other individual may be represented 96.15to the public by any title incorporating the words "social work" or "social worker" unless 96.16the individual holds a license according to sections 148E.055 and 148E.060 or practices in 96.17a setting exempt from licensure according to section 148E.065.96.18    (b) In all professional use of a social worker's name, the social worker must use 96.19the license designation "LSW" or "licensed social worker" for a licensed social worker, 96.20"LGSW" or "licensed graduate social worker" for a licensed graduate social worker, 96.21"LISW" or "licensed independent social worker" for a licensed independent social worker, 96.22or "LICSW" or "licensed independent clinical social worker" for a licensed independent 96.23clinical social worker.96.24    (c) Public statements or advertisements must not be untruthful, misleading, false, 96.25fraudulent, deceptive, or potentially exploitative of clients, former clients, interns, 96.26students, supervisees, or the public.96.27    (d) A social worker must not:96.28    (1) use licensure status as a claim, promise, or guarantee of successful service;96.29    (2) obtain a license by cheating or employing fraud or deception;96.30    (3) make false statements or misrepresentations to the board or in materials 96.31submitted to the board; or96.32    (4) engage in conduct that has the potential to deceive or defraud a social work 96.33client, intern, student, supervisee, or the public.96.34    Subd. 3.Information on credentials.(a) A social worker must provide accurate 96.35and factual information concerning the social worker's credentials, education, training, 97.1and experience when the information is requested by clients, potential clients, or other 97.2persons or organizations.97.3    (b) A social worker must not misrepresent directly or by implication the social 97.4worker's license, degree, professional certifications, affiliations, or other professional 97.5qualifications in any oral or written communications to clients, potential clients, or other 97.6persons or organizations. A social worker must take reasonable steps to prevent such 97.7misrepresentations by other social workers.97.8    (c) A social worker must not hold out as a person licensed as a social worker without 97.9having a social work license according to sections 148E.055 and 148E.060.97.10    (d) A social worker must not misrepresent directly or by implication (1) affiliations 97.11with institutions or organizations, or (2) purposes or characteristics of institutions or 97.12organizations with which the social worker is or has been affiliated.97.13    Sec. 104. [148E.200] COMPETENCE.97.14    Subdivision 1.Competence.(a) A social worker must provide services and hold 97.15out as competent only to the extent the social worker's education, training, license, 97.16consultation received, supervision experience, or other relevant professional experience 97.17demonstrate competence in the services provided. A social worker must make a referral 97.18to a competent professional when the services required are beyond the social worker's 97.19competence or authorized scope of practice.97.20    (b) When generally recognized standards do not exist with respect to an emerging 97.21area of practice, including but not limited to providing social work services through 97.22electronic means, a social worker must take the steps necessary, such as consultation or 97.23supervision, to ensure the competence of the social worker's work and to protect clients 97.24from harm.97.25    Subd. 2.Supervision or consultation.Notwithstanding the completion of 97.26supervision requirements as specified in sections 148E.100 to 148E.125, a social worker 97.27must obtain supervision or engage in consultation when appropriate or necessary for 97.28competent and ethical practice.97.29    Subd. 3.Delegation of social work responsibilities.(a) A social worker must not 97.30delegate a social work responsibility to another individual when the social worker knows 97.31or reasonably should know that the individual is not licensed when required to be licensed 97.32according to sections 148E.055 and 148E.060.97.33    (b) A social worker must not delegate a social work responsibility to another 97.34individual when the social worker knows or reasonably should know that the individual is 97.35not competent to assume the responsibility or perform the task.98.1    Sec. 105. [148E.205] IMPAIRMENT.98.2    Subdivision 1.Grounds for action.The board has grounds to take action under 98.3sections 148E.255 to 148E.270 when a social worker is unable to practice with reasonable 98.4skill and safety by reason of illness, use of alcohol, drugs, chemicals, or any other 98.5materials, or as a result of any mental, physical, or psychological condition.98.6    Subd. 2.Self-reporting.A social worker regulated by the board who is unable 98.7to practice with reasonable skill and safety by reason of illness, use of alcohol, drugs, 98.8chemicals, or any other materials, or as a result of any mental, physical, or psychological 98.9condition, must report to the board or the health professionals services program.98.10    Sec. 106. [148E.210] PROFESSIONAL AND ETHICAL CONDUCT.98.11    The board has grounds to take action under sections 148E.255 to 148E.270 when a 98.12social worker:98.13    (1) engages in unprofessional or unethical conduct, including any departure from 98.14or failure to conform to the minimum accepted ethical and other prevailing standards of 98.15professional social work practice, without actual injury to a social work client, intern, 98.16student, supervisee, or the public needing to be established;98.17    (2) engages in conduct that has the potential to cause harm to a client, intern, 98.18student, supervisee, or the public;98.19    (3) demonstrates a willful or careless disregard for the health, welfare, or safety of 98.20a client, intern, student, or supervisee; or98.21    (4) engages in acts or conduct adversely affecting the applicant or licensee's current 98.22ability or fitness to engage in social work practice, whether or not the acts or conduct 98.23occurred while engaged in the practice of social work.98.24    Sec. 107. [148E.215] RESPONSIBILITIES TO CLIENTS.98.25    Subdivision 1.Responsibility to clients.A social worker's primary professional 98.26responsibility is to the client. A social worker must respect the client's interests, including 98.27the interest in self-determination, except when required to do otherwise by law.98.28    Subd. 2.Nondiscrimination.A social worker must not discriminate against 98.29a client, intern, student, or supervisee or in providing services to a client, intern, or 98.30supervisee on the basis of age, gender, sexual orientation, race, color, national origin, 98.31religion, illness, disability, political affiliation, or social or economic status.98.32    Subd. 3.Research.When undertaking research activities, a social worker must 98.33use accepted protocols for the protection of human subjects, including (1) establishing 99.1appropriate safeguards to protect the subject's vulnerability, and (2) obtaining the subjects' 99.2informed consent.99.3    Sec. 108. [148E.220] RELATIONSHIPS WITH CLIENTS, FORMER CLIENTS, 99.4AND OTHERS.99.5    Subdivision 1.Social worker responsibility.(a) A social worker is responsible for 99.6acting professionally in relationships with clients or former clients. A client or a former 99.7client's initiation of, or attempt to engage in, or request to engage in, a personal, sexual, or 99.8business relationship is not a defense to a violation of this section.99.9    (b) When a relationship is permitted by this section, social workers who engage in 99.10such a relationship assume the full burden of demonstrating that the relationship will not 99.11be detrimental to the client or the professional relationship.99.12    Subd. 2.Professional boundaries.A social worker must maintain appropriate 99.13professional boundaries with a client. A social worker must not engage in practices with 99.14clients that create an unacceptable risk of client harm or of impairing a social worker's 99.15objectivity or professional judgment. A social worker must not act or fail to act in a way 99.16that, as judged by a reasonable and prudent social worker, inappropriately encourages 99.17the client to relate to the social worker outside of the boundaries of the professional 99.18relationship, or in a way that interferes with the client's ability to benefit from social work 99.19services from the social worker.99.20    Subd. 3.Misuse of professional relationship.A social worker must not use the 99.21professional relationship with a client, student, supervisee, or intern to further the social 99.22worker's personal, emotional, financial, sexual, religious, political, or business benefit or 99.23interests.99.24    Subd. 4.Improper termination.A social worker must not terminate a professional 99.25relationship for the purpose of beginning a personal, sexual, or business relationship 99.26with a client.99.27    Subd. 5.Personal relationship with a client.(a) Except as provided in paragraph 99.28(b), a social worker must not engage in a personal relationship with a client that creates a 99.29risk of client harm or of impairing a social worker's objectivity or professional judgment.99.30    (b) Notwithstanding paragraph (a), if a social worker is unable to avoid a personal 99.31relationship with a client, the social worker must take appropriate precautions, such as 99.32consultation or supervision, to address the potential for risk of client harm or of impairing 99.33a social worker's objectivity or professional judgment.100.1    Subd. 6.Personal relationship with a former client.A social worker may 100.2engage in a personal relationship with a former client after appropriate termination of the 100.3professional relationship, except:100.4    (1) as prohibited by subdivision 8; or100.5    (2) if a reasonable and prudent social worker would conclude after appropriate 100.6assessment that (i) the former client is emotionally dependent on the social worker or 100.7continues to relate to the social worker as a client, or (ii) the social worker is emotionally 100.8dependent on the client or continues to relate to the former client as a social worker.100.9    Subd. 7.Sexual conduct with a client.A social worker must not engage in or 100.10suggest sexual conduct with a client.100.11    Subd. 8.Sexual conduct with a former client.(a) A social worker who has 100.12engaged in diagnosing, counseling, or treating a client with mental, emotional, or 100.13behavioral disorders must not engage in or suggest sexual conduct with the former client 100.14under any circumstances for a period of two years following the termination of the 100.15professional relationship. After two years following the termination of the professional 100.16relationship, a social worker who has engaged in diagnosing, counseling, or treating 100.17a client with a mental, emotional, or behavioral disorder must not engage in or suggest 100.18sexual conduct with the former client under any circumstances unless:100.19    (1) the social worker did not intentionally or unintentionally coerce, exploit, deceive, 100.20or manipulate the former client at any time;100.21    (2) the social worker did not represent to the former client that sexual conduct with 100.22the social worker is consistent with or part of the client's treatment;100.23    (3) the social worker's sexual conduct was not detrimental to the former client at 100.24any time;100.25    (4) the former client is not emotionally dependent on the social worker and does 100.26not continue to relate to the social worker as a client; and100.27    (5) the social worker is not emotionally dependent on the client and does not 100.28continue to relate to the former client as a social worker.100.29    (b) If there is an alleged violation of paragraph (a), the social worker assumes the 100.30full burden of demonstrating to the board that the social worker did not intentionally or 100.31unintentionally coerce, exploit, deceive, or manipulate the client, and the social worker's 100.32sexual conduct was not detrimental to the client at any time. Upon request, a social worker 100.33must provide information to the board addressing:100.34    (1) the amount of time that has passed since termination of services;100.35    (2) the duration, intensity, and nature of services;100.36    (3) the circumstances of termination of services;101.1    (4) the former client's emotional, mental, and behavioral history;101.2    (5) the former client's current emotional, mental, and behavioral status;101.3    (6) the likelihood of adverse impact on the former client; and101.4    (7) the existence of actions, conduct, or statements made by the social worker during 101.5the course of services suggesting or inviting the possibility of a sexual relationship with 101.6the client following termination of services.101.7    (c) A social worker who has provided social work services other than those 101.8described in paragraph (a) to a client must not engage in or suggest sexual conduct 101.9with the former client if a reasonable and prudent social worker would conclude after 101.10appropriate assessment that engaging in such behavior with the former client would create 101.11an unacceptable risk of harm to the former client.101.12    Subd. 9.Sexual conduct with student, supervisee, or intern.(a) A social worker 101.13must not engage in or suggest sexual conduct with a student while the social worker has 101.14authority over any part of the student's academic program.101.15    (b) A social worker supervising an intern must not engage in or suggest sexual 101.16conduct with the intern during the course of the internship.101.17    (c) A social worker practicing social work as a supervisor must not engage in or 101.18suggest sexual conduct with a supervisee during the period of supervision.101.19    Subd. 10.Sexual harassment.A social worker must not engage in any physical, 101.20oral, written, or electronic behavior that a client, former client, student, supervisee, or 101.21intern may reasonably interpret as sexually harassing or sexually demeaning.101.22    Subd. 11.Business relationship with client.A social worker must not purchase 101.23goods or services from a client or otherwise engage in a business relationship with a 101.24client except when:101.25    (1) a social worker purchases goods or services from the client and a reasonable and 101.26prudent social worker would determine that it is not practical or reasonable to obtain the 101.27goods or services from another provider; and101.28    (2) engaging in the business relationship will not be detrimental to the client or the 101.29professional relationship.101.30    Subd. 12.Business relationship with former client.A social worker may purchase 101.31goods or services from a former client or otherwise engage in a business relationship with 101.32a former client after appropriate termination of the professional relationship unless a 101.33reasonable and prudent social worker would conclude after appropriate assessment that:101.34    (1) the former client is emotionally dependent on the social worker and purchasing 101.35goods or services from the former client or otherwise engaging in a business relationship 101.36with the former client would be detrimental to the former client; or102.1    (2) the social worker is emotionally dependent on the former client and purchasing 102.2goods or services from the former client or otherwise engaging in a business relationship 102.3with the former client would be detrimental to the former client.102.4    Subd. 13.Previous sexual, personal, or business relationship.(a) A social worker 102.5must not engage in a social worker/client relationship with an individual with whom the 102.6social worker had a previous sexual relationship.102.7    (b) A social worker must not engage in a social worker/client relationship with an 102.8individual with whom the social worker had a previous personal or business relationship if 102.9a reasonable and prudent social worker would conclude after appropriate assessment that 102.10the social worker/client relationship would create an unacceptable risk of client harm or 102.11that the social worker's objectivity or professional judgment may be impaired.102.12    Subd. 14.Giving alcohol or other drugs to client.(a) Unless authorized by law, a 102.13social worker must not offer medication or controlled substances to a client.102.14    (b) A social worker must not accept medication or controlled substances from 102.15a client, except that if authorized by law, a social worker may accept medication or 102.16controlled substances from a client for purposes of disposal or to monitor use.102.17    (c) A social worker must not offer alcoholic beverages to a client except when 102.18the offer is authorized or prescribed by a physician or is offered according to a client's 102.19care plan.102.20    (d) A social worker must not accept alcoholic beverages from a client.102.21    Subd. 15.Relationship with client's family or household member.Subdivisions 102.221 to 14 apply to a social worker's relationship with a client's family or household member 102.23when a reasonable and prudent social worker would conclude after appropriate assessment 102.24that a relationship with a family or household member would create an unacceptable 102.25risk of harm to the client.102.26    Sec. 109. [148E.225] TREATMENT AND INTERVENTION SERVICES.102.27    Subdivision 1.Assessment or diagnosis.A social worker must base treatment and 102.28intervention services on an assessment or diagnosis. A social worker must evaluate, on an 102.29ongoing basis, the appropriateness of the assessment or diagnosis.102.30    Subd. 2.Assessment or diagnostic instruments.A social worker must not use 102.31an assessment or diagnostic instrument without adequate training. A social worker 102.32must follow standards and accepted procedures for using an assessment or diagnostic 102.33instrument. A social worker must inform a client of the purpose before administering the 102.34instrument and must make the results available to the client.103.1    Subd. 3.Plan for services.A social worker must develop a plan for services that 103.2includes goals based on the assessment or diagnosis. A social worker must evaluate, on an 103.3ongoing basis, the appropriateness of the plan and the client's progress toward the goals.103.4    Subd. 4.Records.(a) A social worker must make and maintain current and 103.5accurate records, appropriate to the circumstances, of all services provided to a client. At 103.6a minimum, the records must contain documentation of:103.7    (1) the assessment or diagnosis;103.8    (2) the content of the service plan;103.9    (3) progress with the plan and any revisions of assessment, diagnosis, or plan;103.10    (4) any fees charged and payments made;103.11    (5) copies of all client-written authorizations for release of information; and103.12    (6) other information necessary to provide appropriate services.103.13    (b) These records must be maintained by the social worker for at least seven years 103.14after the last date of service to the client. Social workers who are employed by an agency 103.15or other entity are not required to:103.16    (1) maintain personal or separate records; or103.17    (2) personally retain records at the conclusion of their employment.103.18    Subd. 5.Termination of services.A social worker must terminate a professional 103.19relationship with a client when the social worker reasonably determines that the client 103.20is not likely to benefit from continued services or the services are no longer needed, 103.21unless the social worker is required by law to provide services. A social worker who 103.22anticipates terminating services must give reasonable notice to the client in a manner that 103.23is appropriate to the needs of the client. The social worker must provide appropriate 103.24referrals as needed or upon request of the client.103.25    Sec. 110. [148E.230] CONFIDENTIALITY AND RECORDS.103.26    Subdivision 1.Informed consent.(a) A social worker must obtain valid, informed 103.27consent, appropriate to the circumstances, before providing services to clients. When 103.28obtaining informed consent, the social worker must determine whether the client has the 103.29capacity to provide informed consent. If the client does not have the capacity to provide 103.30consent, the social worker must obtain consent for the services from the client's legal 103.31representative. The social worker must not provide services, unless authorized or required 103.32by law, if the client or the client's legal representative does not consent to the services.103.33    (b) If a social worker determines that a client does not have the capacity to provide 103.34consent, and the client does not have a legal representative, the social worker:104.1    (1) must, except as provided in clause (2), secure a legal representative for a client 104.2before providing services; or104.3    (2) may, notwithstanding clause (1), provide services, except when prohibited by 104.4other applicable law, that are necessary to ensure the client's safety or to preserve the 104.5client's property or financial resources.104.6    (c) A social worker must use clear and understandable language, including using an 104.7interpreter proficient in the client's primary language as necessary, to inform clients of 104.8the plan of services, risks related to the plan, limits to services, relevant costs, terms of 104.9payment, reasonable alternatives, the client's right to refuse or withdraw consent, and the 104.10time frame covered by the consent.104.11    Subd. 2.Mandatory reporting and disclosure of client information.At the 104.12beginning of a professional relationship and during the professional relationship as 104.13necessary and appropriate, a social worker must inform the client of those circumstances 104.14under which the social worker may be required to disclose client information specified in 104.15subdivision 3, paragraph (a), without the client's consent.104.16    Subd. 3.Confidentiality of client information.(a) A social worker must ensure the 104.17confidentiality of all client information obtained in the course of the social worker/client 104.18relationship and all client information otherwise obtained by the social worker that is 104.19relevant to the social worker/client relationship. Except as provided in this section, 104.20client information may be disclosed or released only with the client's or the client's legal 104.21representative's valid informed consent, appropriate to the circumstances, except when 104.22otherwise required by law. A social worker must seek consent to disclose or release 104.23client information only when such disclosure or release is necessary to provide social 104.24work services.104.25    (b) A social worker must continue to maintain confidentiality of the client 104.26information specified in paragraph (a) upon termination of the professional relationship 104.27including upon the death of the client, except as provided under this section or other 104.28applicable law.104.29    (c) A social worker must limit access to the client information specified in paragraph 104.30(a) in a social worker's agency to appropriate agency staff whose duties require access.104.31    Subd. 4.Release of client information with written informed consent.(a) Except 104.32as provided in subdivision 5, client information specified in subdivision 3, paragraph (a), 104.33may be released only with the client's or the client's legal representative's written informed 104.34consent. The written informed consent must:104.35    (1) explain to whom the client's records may be released;104.36    (2) explain the purpose for the release; and105.1    (3) state an expiration date for the authorized release of the records.105.2    (b) A social worker may provide client information specified in subdivision 3, 105.3paragraph (a), to a third party for the purpose of payment for services rendered only 105.4with the client's written informed consent.105.5    (c) Except as provided in subdivision 5, a social worker may disclose client 105.6information specified in subdivision 3, paragraph (a), only with the client's or the client's 105.7legal representative's written informed consent. When it is not practical to obtain written 105.8informed consent before providing necessary services, a social worker may disclose 105.9or release client information with the client's or the client's legal representative's oral 105.10informed consent.105.11    (d) Unless otherwise authorized by law, a social worker must obtain a client's written 105.12informed consent before taking a photograph of the client or making an audio or video 105.13recording of the client, or allowing a third party to do the same. The written informed 105.14consent must explain:105.15    (1) the purpose of the photograph or the recording and how the photograph or 105.16recording will be used, how it will be stored, and when it will be destroyed; and105.17    (2) how the client may have access to the photograph or recording.105.18    Subd. 5.Release of client information without written informed consent.(a) A 105.19social worker may disclose client information specified in subdivision 3, paragraph (a), 105.20without the written consent of the client or the client's legal representative only under the 105.21following circumstances or under the circumstances described in paragraph (b):105.22    (1) when mandated or authorized by federal or state law, including the mandatory 105.23reporting requirements under the duty to warn, maltreatment of minors, and vulnerable 105.24adult laws specified in section 148E.240, subdivisions 6 to 8;105.25    (2) when the board issues a subpoena to the social worker; or105.26    (3) when a court of competent jurisdiction orders release of the client records 105.27or information.105.28    (b) When providing services authorized or required by law to a client who does 105.29not have the capacity to provide consent and who does not have a legal representative, 105.30a social worker must disclose or release client records or information as necessary to 105.31provide services to ensure the client's safety or to preserve the client's property or financial 105.32resources.105.33    Subd. 6.Release of client records or information.When releasing client records 105.34or information under this section, a social worker must release current, accurate, and 105.35complete records or information.106.1    Sec. 111. [148E.235] FEES AND BILLING PRACTICES.106.2    Subdivision 1.Fees and payments.(a) A social worker must ensure that a client or 106.3a client's legal representative is informed of all fees at the initial session or meeting with 106.4the client, and that payment for services is arranged with the client or the client's legal 106.5representative at the beginning of the professional relationship. Upon request from a client 106.6or a client's legal representative, a social worker must provide in a timely manner a written 106.7payment plan or a written explanation of the charges for any services rendered.106.8    (b) When providing services authorized or required by law to a client who does not 106.9have the capacity to provide consent and who does not have a legal representative, a social 106.10worker may submit reasonable bills to an appropriate payer for services provided.106.11    Subd. 2.Billing for services not provided.A social worker must not bill for 106.12services that have not been provided except that, with prior notice to the client, a social 106.13worker may bill for failed appointments or for cancellations without sufficient notice. A 106.14social worker may bill only for provided services which are necessary and appropriate. 106.15Financial responsibility for failed appointment billings resides solely with the client and 106.16such costs may not be billed to public or private payers.106.17    Subd. 3.No payment for referrals.A social worker must not accept or give a 106.18commission, rebate, or other form of remuneration solely or primarily to profit from the 106.19referral of a client.106.20    Subd. 4.Fees and billing practices.A social worker must not engage in improper 106.21or fraudulent billing practices, including, but not limited to, violations of the federal 106.22Medicare and Medicaid laws or state medical assistance laws.106.23    Sec. 112. [148E.240] REPORTING REQUIREMENTS.106.24    Subdivision 1.Failure to self-report adverse actions.The board has grounds to 106.25take action under sections 148E.255 to 148E.270 when a social worker fails to report to 106.26the board within 90 days:106.27    (1) having been disciplined, sanctioned, or found to have violated a state, territorial, 106.28provincial, or foreign licensing agency's laws or rules;106.29    (2) having been convicted of committing a felony, gross misdemeanor, or 106.30misdemeanor reasonably related to the practice of social work;106.31    (3) having had a finding or verdict of guilt, whether or not the adjudication of guilt 106.32is withheld or not entered, of committing a felony, gross misdemeanor, or misdemeanor 106.33reasonably related to the practice of social work;107.1    (4) having admitted to committing, or entering a no contest plea to committing, a 107.2felony, gross misdemeanor, or misdemeanor reasonably related to the practice of social 107.3work; or107.4    (5) having been denied licensure by a state, territorial, provincial, or foreign 107.5licensing agency.107.6    Subd. 2.Failure to submit application information.The board has grounds to 107.7take action under sections 148E.255 to 148E.270 when an applicant or licensee fails to 107.8submit with an application the following information:107.9    (1) the dates and dispositions of any malpractice settlements or awards made relating 107.10to the social work services provided by the applicant or licensee; or107.11    (2) the dates and dispositions of any civil litigations or arbitrations relating to the 107.12social work services provided by the applicant or licensee.107.13    Subd. 3.Reporting other licensed health professionals.An applicant or licensee 107.14must report to the appropriate health-related licensing board conduct by a licensed health 107.15professional which would constitute grounds for disciplinary action under the statutes 107.16and rules enforced by that board.107.17    Subd. 4.Reporting unlicensed practice.An applicant or licensee must report 107.18to the board conduct by an unlicensed person which constitutes the practice of social 107.19work, as defined in section 148E.010, except when the unlicensed person is exempt from 107.20licensure according to section 148E.065.107.21    Subd. 5.Failure to report other applicants or licensees; unlicensed practice.107.22    The board has grounds to take action under sections 148E.255 to  148E.270 when an 107.23applicant or licensee fails to report to the board conduct:107.24    (1) by another licensee or applicant which the applicant or licensee has reason to 107.25believe may reasonably constitute grounds for disciplinary action under this section; or107.26    (2) by an unlicensed person that constitutes the practice of social work when a 107.27license is required to practice social work.107.28    Subd. 6.Duty to warn.A licensee must comply with the duty to warn established 107.29by section 148.975.107.30    Subd. 7.Reporting maltreatment of minors.An applicant or licensee must 107.31comply with the reporting of maltreatment of minors established by section 626.556.107.32    Subd. 8.Reporting maltreatment of vulnerable adults.An applicant or licensee 107.33must comply with the reporting of maltreatment of vulnerable adults established by 107.34section 626.557.108.1    Subd. 9.Subpoenas.The board may issue subpoenas according to section 108.2148E.245 and chapter 214 for the production of any reports required by this section or 108.3any related documents.108.4    Sec. 113. [148E.245] INVESTIGATIVE POWERS AND PROCEDURES.108.5    Subdivision 1.Subpoenas.(a) The board may issue subpoenas and compel the 108.6attendance of witnesses and the production of all necessary papers, books, records, 108.7documents, and other evidentiary material as part of its investigation of an applicant or 108.8licensee under this section or chapter 214.108.9    (b) If any person fails or refuses to appear or testify regarding any matter about which 108.10the person may be lawfully questioned, or fails or refuses to produce any papers, books, 108.11records, documents, or other evidentiary materials in the matter to be heard, after having 108.12been required by order of the board or by a subpoena of the board to do so, the board may 108.13institute a proceeding in any district court to enforce the board's order or subpoena.108.14    (c) The board or a designated member of the board acting on behalf of the board 108.15may issue subpoenas or administer oaths to witnesses or take affirmations. Depositions 108.16may be taken within or out of the state in the manner provided by law for the taking of 108.17depositions in civil actions.108.18    (d) A subpoena or other process or paper may be served upon any person named 108.19therein, by mail or by any officer authorized to serve subpoenas or other process or paper 108.20in civil actions, with the same fees and mileage and in the same manner as prescribed by 108.21law for service of process issued out of the district court of this state.108.22    (e) Fees, mileage, and other costs must be paid as the board directs.108.23    Subd. 2.Classification of data.(a) Any records obtained as part of an investigation 108.24must be treated as investigative data under section 13.41 and be classified as confidential 108.25data.108.26    (b) Notwithstanding paragraph (a), client records must be treated as private data 108.27under chapter 13. Client records must be protected as private data in the records of the 108.28board and in administrative or judicial proceedings unless the client authorizes the board 108.29in writing to make public the identity of the client or a portion or all of the client's records.108.30    Subd. 3.Mental or physical examination; chemical dependency evaluation.(a) 108.31If the board (1) has probable cause to believe that an applicant or licensee has violated 108.32a statute or rule enforced by the board or an order issued by the board; and (2) believes 108.33the applicant may have a health-related condition relevant to the violation, the board may 108.34issue an order directing the applicant or licensee to submit to one or more of the following: 108.35a mental examination, a physical examination, or a chemical dependency evaluation.109.1    (b) An examination or evaluation order issued by the board must include:109.2    (1) factual specifications on which the order is based;109.3    (2) the purpose of the examination or evaluation;109.4    (3) the name of the person or entity that will conduct the examination or evaluation; 109.5and109.6    (4) the means by which the examination or evaluation will be paid for.109.7    (c) Every applicant or licensee must submit to a mental examination, a physical 109.8examination, or a chemical dependency evaluation when ordered to do so in writing 109.9by the board.109.10    (d) By submitting to a mental examination, a physical examination, or a chemical 109.11dependency evaluation, an applicant or licensee waives all objections to the admissibility 109.12of the examiner or evaluator's testimony or reports on the grounds that the testimony or 109.13reports constitute a privileged communication.109.14    Subd. 4.Failure to submit to an examination.(a) If an applicant or licensee fails 109.15to submit to an examination or evaluation ordered by the board according to subdivision 3, 109.16unless the failure was due to circumstances beyond the control of the applicant or licensee, 109.17the failure is an admission that the applicant or licensee violated a statute or rule enforced 109.18by the board as specified in the examination or evaluation order issued by the board. 109.19The failure may result in an application being denied or other adversarial, corrective, or 109.20disciplinary action being taken by the board without a contested case hearing.109.21    (b) If an applicant or licensee requests a contested case hearing after the board 109.22denies an application or takes other disciplinary or adversarial action, the only issues 109.23which may be determined at the hearing are:109.24    (1) whether the board had probable cause to issue the examination or evaluation 109.25order; and109.26    (2) whether the failure to submit to the examination or evaluation was due to 109.27circumstances beyond the control of the applicant or licensee.109.28    (c) Neither the record of a proceeding under this subdivision nor an order issued 109.29by the board may be admissible, subject to subpoena, or be used against the applicant or 109.30licensee in a proceeding in which the board is not a party or decision maker.109.31    (d) Information obtained under this subdivision must be treated as private data under 109.32chapter 13. An order issued by the board as the result of an applicant's or licensee's failure 109.33to submit to an examination or evaluation must be treated as public data under chapter 13.109.34    Subd. 5.Access to data and records.(a) In addition to ordering a physical or 109.35mental examination or chemical dependency evaluation, and notwithstanding section 109.3613.384, 144.651, 595.02, or any other statute limiting access to health records, the board 110.1or a designated member of the board acting on behalf of the board may subpoena physical, 110.2mental, and chemical dependency health records relating to an applicant or licensee 110.3without the applicant's or licensee's consent if:110.4    (1) the board has probable cause to believe that the applicant or licensee has violated 110.5chapter 214, a statute or rule enforced by the board, or an order issued by the board; and110.6    (2) the board has reason to believe that the records are relevant and necessary to the 110.7investigation.110.8    (b) An applicant, licensee, insurance company, government agency, health care 110.9facility, or provider as defined in section 144.335, subdivision 1, paragraph (b), must 110.10comply with any subpoena of the board under this subdivision and is not liable in 110.11any action for damages for releasing information subpoenaed by the board under this 110.12subdivision unless the information provided is false and the person or entity providing the 110.13information knew or had reason to know that the information was false.110.14    (c) Information on individuals obtained under this subdivision must be treated as 110.15investigative data under section 13.41 and be classified as confidential data.110.16    (d) If an applicant, licensee, person, or entity does not comply with any subpoena of 110.17the board under this subdivision, the board may institute a proceeding in any district court 110.18to enforce the board's subpoena.110.19    Subd. 6.Evidence of past sexual conduct.If, in a proceeding for taking action 110.20against an applicant or licensee under this section, the charges involve sexual contact with 110.21a client or former client, the board or administrative law judge must not consider evidence 110.22of the client's or former client's previous sexual conduct. Reference to the client's or 110.23former client's previous sexual conduct must not be made during the proceedings or in the 110.24findings, except by motion of the complainant, unless the evidence would be admissible 110.25under the applicable provisions of section 609.347, subdivision 3.110.26    Subd. 7.Investigations involving vulnerable adults or children in need of 110.27protection.(a) Except as provided in paragraph (b), if the board receives a complaint 110.28about a social worker regarding the social worker's involvement in a case of vulnerable 110.29adults or children in need of protection, the county or other appropriate public authority 110.30may request that the board suspend its investigation, and the board must comply until such 110.31time as the court issues its findings on the case.110.32    (b) Notwithstanding paragraph (a), the board may continue with an investigation if 110.33the board determines that doing so is in the best interests of the vulnerable adult or a child 110.34in need of protection and is consistent with the board's obligation to protect the public. If 110.35the board chooses to continue an investigation, the board must notify the county or other 110.36appropriate public authority in writing and state its reasons for doing so.111.1    Subd. 8.Notification of complainant.(a) In no more than 14 calendar days after 111.2receiving a complaint regarding a licensee, the board must notify the complainant that the 111.3board has received the complaint.111.4    (b) The board must periodically notify the complainant of the status of the complaint.111.5    Subd. 9.Notification of licensee.(a) Except as provided in paragraph (b), in no 111.6more than 60 calendar days after receiving a complaint regarding a licensee, the board must 111.7notify the licensee that the board has received the complaint and inform the licensee of:111.8    (1) the substance of the complaint;111.9    (2) the sections of the law that allegedly have been violated; and111.10    (3) whether an investigation is being conducted.111.11    (b) Paragraph (a) does not apply if:111.12    (1) the board determines that such notice would compromise the board's investigation 111.13according to section 214.10; or111.14    (2) the board determines that such notice cannot reasonably be accomplished within 111.15this time.111.16    (c) The board must periodically notify the licensee of the status of the complaint.111.17    Subd. 10.Resolution of complaints.In no more than one year after receiving a 111.18complaint regarding a licensee, the board must resolve or dismiss the complaint unless 111.19the board determines that resolving or dismissing the complaint cannot reasonably be 111.20accomplished within this time.111.21    Sec. 114. [148E.250] OBLIGATION TO COOPERATE.111.22    Subdivision 1.Obligation to cooperate.An applicant or licensee who is the subject 111.23of an investigation, or who is questioned by or on behalf of the board in connection with 111.24an investigation, must cooperate fully with the investigation. Cooperation includes, but is 111.25not limited to:111.26    (1) responding fully and promptly to any question relating to the investigation;111.27    (2) as reasonably requested by the board, providing copies of client and other records 111.28in the applicant's or licensee's possession relating to the investigation;111.29    (3) executing release of records as reasonably requested by the board; and111.30    (4) appearing at conferences, hearings, or meetings scheduled by the board, as 111.31required in sections 148E.255 to 148E.270 and chapter 214.111.32    Subd. 2.Investigation.A social worker must not knowingly withhold relevant 111.33information, give false or misleading information, or do anything to obstruct an 111.34investigation of the social worker or another social worker by the board or by another state 111.35or federal regulatory or law enforcement authority.112.1    Subd. 3.Payment for copies.The board must pay for copies requested by the board.112.2    Subd. 4.Access to client records.Notwithstanding any law to the contrary, an 112.3applicant or licensee must allow the board access to any records of a client provided 112.4services by the applicant or licensee under investigation. If the client has not signed a 112.5consent permitting access to the client's records, the applicant or licensee must delete any 112.6data in the records that identifies the client before providing the records to the board.112.7    Subd. 5.Classification of data.Any records obtained according to this subdivision 112.8must be treated as investigative data according to section 13.41 and be classified as 112.9confidential data.112.10    Sec. 115. [148E.255] TYPES OF ACTIONS.112.11    Subdivision 1.Actions.The board may take disciplinary action according to 112.12section 148E.260, adversarial but nondisciplinary action according to section 148E.265, 112.13or voluntary action according to section 148E.270. Any action taken under sections 112.14148E.260 to 148E.270 is public data.112.15    Subd. 2.Disciplinary action.For purposes of section 148E.260, "disciplinary 112.16action" means an action taken by the board against an applicant or licensee that addresses 112.17a complaint alleging a violation of a statute or rule the board is empowered to enforce.112.18    Subd. 3.Adversarial but nondisciplinary action.For purposes of section 112.19148E.265, "adversarial but nondisciplinary action" means a nondisciplinary action taken 112.20by the board that addresses a complaint alleging a violation of a statute or rule the board 112.21is empowered to enforce.112.22    Subd. 4.Voluntary action.For purposes of section 148E.270, "voluntary action" 112.23means a nondisciplinary action agreed to by the board or a designated board member and 112.24an applicant or licensee that, through educational or other corrective means, addresses a 112.25complaint alleging a violation of a statute or rule that the board is empowered to enforce.112.26    Sec. 116. [148E.260] DISCIPLINARY ACTIONS.112.27    Subdivision 1.General disciplinary actions.(a) When the board has grounds for 112.28disciplinary actions under this chapter, the board may take one or more of the following 112.29disciplinary actions:112.30    (1) deny an application;112.31    (2) permanently revoke a license to practice social work;112.32    (3) indefinitely or temporarily suspend a license to practice social work;112.33    (4) impose restrictions on a licensee's scope of practice;113.1    (5) impose conditions required for the licensee to maintain licensure, including, 113.2but not limited to, additional education, supervision, and requiring the passing of an 113.3examination provided for in section 148E.055;113.4    (6) reprimand a licensee;113.5    (7) impose a civil penalty of up to $10,000 for each violation in order to discourage 113.6future violations or to deprive the licensee of any economic advantage gained by reason 113.7of the violation; or113.8    (8) impose a fee to reimburse the board for all or part of the cost of the proceedings 113.9resulting in disciplinary action, including, but not limited to, the amount paid by the board 113.10for services received from or expenses incurred by the Office of Administrative Hearings, 113.11the Office of the Attorney General, court reporters, witnesses, board members, board staff, 113.12or the amount paid by the board for reproducing records.113.13    (b) Disciplinary action taken by the board under this subdivision is in effect pending 113.14determination of an appeal unless the court, upon petition and for good cause shown, 113.15decides otherwise.113.16    Subd. 2.Reprimands.(a) In addition to the board's authority to issue a reprimand 113.17according to subdivision 1, a designated board member reviewing a complaint as provided 113.18for in chapter 214 may issue a reprimand to a licensee. The designated board member 113.19must notify the licensee that the reprimand will become final disciplinary action unless the 113.20licensee requests a hearing by the board within 14 calendar days.113.21    (b) If the licensee requests a hearing within 14 calendar days, the board must 113.22schedule a hearing unless the designated board member withdraws the reprimand.113.23    (c) The hearing must be scheduled within 14 working days of the time the licensee 113.24submits a request for the hearing.113.25    (d) The designated board member who issued the reprimand may participate in the 113.26hearing but must not deliberate or vote on the decision by the board.113.27    (e) The only evidence permitted at the hearing is affidavits or other documents 113.28except for testimony by the licensee or other witnesses whose testimony the board chair 113.29has authorized for good cause.113.30    (f) If testimony is authorized, the testimony is subject to cross-examination.113.31    (g) After the hearing, the board must affirm or dismiss the reprimand.113.32    Subd. 3.Temporary suspensions.(a) In addition to any other remedy provided 113.33by statute, the board or a designated board member may, without a hearing, temporarily 113.34suspend a license to practice social work if the board or the designated board member 113.35finds that:114.1    (1) the licensee has violated a statute or rule enforced by the board, any other federal 114.2or state law or rule related to the practice of social work, or an order, stipulation, or 114.3agreement agreed to or issued by the board; and114.4    (2) continued practice by the licensee would create a serious risk of harm to others.114.5    (b) The suspension is in effect upon service of a written order on the licensee 114.6specifying the statute, rule, order, stipulation, or agreement violated. Service of the order 114.7is effective if the order is served on the licensee or the licensee's attorney personally or 114.8by first class mail to the most recent address provided to the board for the licensee or the 114.9licensee's attorney.114.10    (c) The temporary suspension remains in effect until after the board issues an order 114.11according to paragraph (e), or if there is a contested case hearing, after the board issues a 114.12written final order according to paragraph (g).114.13    (d) If the licensee requests in writing within five calendar days of service of the 114.14order that the board hold a hearing, the board must hold a hearing on the sole issue of 114.15whether to continue, modify, or lift the suspension. The board must hold the hearing 114.16within ten working days of receipt of the licensee's written request. Evidence presented 114.17by the board or licensee must be in affidavit form only, except that the licensee or the 114.18licensee's attorney may present oral argument.114.19    (e) Within five working days after the hearing, the board must issue its order. If 114.20the licensee contests the order, the board must schedule a contested case hearing under 114.21chapter 14. The contested case hearing must be scheduled to occur within 45 calendar 114.22days after issuance of the order.114.23    (f) The administrative law judge must issue a report within 30 calendar days after 114.24the contested case hearing is concluded.114.25    (g) The board must issue a final order within 30 calendar days after the board 114.26receives the administrative law judge's report.114.27    Sec. 117. [148E.265] ADVERSARIAL BUT NONDISCIPLINARY ACTIONS.114.28    Subdivision 1.Automatic suspensions.(a) A license to practice social work is 114.29automatically suspended if:114.30    (1) a guardian of a licensee is appointed by order of a court according to sections 114.31524.5-101 and 524.5-102; or114.32    (2) the licensee is committed by order of a court according to chapter 253B.114.33    (b) A license remains suspended until:114.34    (1) the licensee is restored to capacity by a court; and115.1    (2) upon petition by the licensee and after a hearing or an agreement with the 115.2licensee, the board terminates the suspension.115.3    (c) If the board terminates the suspension, it may do so with or without conditions 115.4or restrictions, including, but not limited to, participation in the health professional 115.5services program.115.6    Subd. 2.Cease and desist orders.(a) The board or a designated board member 115.7may issue a cease and desist order to stop a person from engaging in unauthorized practice 115.8or from violating or threatening to violate a statute or rule enforced by the board or an 115.9order, stipulation, or agreement agreed to or issued by the board.115.10    (b) The cease and desist order must state the reason for its issuance and give notice 115.11of the person's right to request a hearing under sections 14.57 to 14.62. If the person fails 115.12to request a hearing in writing postmarked within 15 calendar days after service of the 115.13cease and desist order, the order is the final order of the board and is not reviewable by 115.14a court or agency.115.15    (c) If the board receives a written request for a hearing postmarked within 15 115.16calendar days after service of the cease and desist order, the board must schedule a hearing 115.17within 30 calendar days of receiving the request.115.18    (d) The administrative law judge must issue a report within 30 calendar days after 115.19the contested case hearing is concluded.115.20    (e) Within 30 calendar days after the board receives the administrative law judge's 115.21report, the board must issue a final order modifying, vacating, or making permanent 115.22the cease and desist order. The final order remains in effect until modified or vacated 115.23by the board.115.24    (f) If a person does not comply with a cease and desist order, the board may institute 115.25a proceeding in any district court to obtain injunctive relief or other appropriate relief, 115.26including but not limited to, a civil penalty payable to the board of up to $10,000 for 115.27each violation.115.28    (g) A cease and desist order issued according to this subdivision does not relieve a 115.29person from criminal prosecution by a competent authority or from disciplinary action 115.30by the board.115.31    Subd. 3.Injunctive relief.(a) In addition to any other remedy provided by law, the 115.32board may bring an action in district court for injunctive relief to restrain any unauthorized 115.33practice or violation or threatened violation of any statute or rule, stipulation, or agreement 115.34agreed to or enforced by the board or an order issued by the board.115.35    (b) A temporary restraining order may be granted in the proceeding if continued 115.36activity by a person would create an imminent risk of harm to others.116.1    (c) Injunctive relief granted according to this subdivision does not relieve a person 116.2from criminal prosecution by a competent authority or from disciplinary action by the 116.3board.116.4    (d) In bringing an action for injunctive relief, the board need not show irreparable 116.5harm.116.6    Sec. 118. [148E.270] VOLUNTARY ACTIONS.116.7    Subdivision 1.Agreements for corrective action.(a) The board or a designated 116.8board member may enter into an agreement for corrective action with an applicant or 116.9licensee when the board or a designated board member determines that a complaint 116.10alleging a violation of a statute or rule enforced by the board or an order issued by the 116.11board may best be resolved through an agreement for corrective action when disciplinary 116.12action is not required to protect the public.116.13    (b) An agreement for corrective action must:116.14    (1) be in writing;116.15    (2) specify the facts upon which the agreement is based;116.16    (3) clearly indicate the corrective action agreed upon; and116.17    (4) provide that the complaint that resulted in the agreement must be dismissed by the 116.18board or the designated board member upon successful completion of the corrective action.116.19    (c) The board or designated board member may determine successful completion 116.20when the applicant or licensee submits a request for dismissal that documents the 116.21applicant's or licensee's successful completion of the corrective action. The burden of 116.22proof is on the applicant or licensee to prove successful completion.116.23    (d) An agreement for corrective action is not disciplinary action but must be treated 116.24as public data under chapter 13.116.25    (e) The board may impose a fee to reimburse the board for all or part of the costs 116.26of the proceedings resulting in a corrective action, including, but not limited to, the 116.27amount paid by the board for services received from or expenses incurred by the Office 116.28of the Attorney General, board members, board staff, or the amount paid by the board 116.29for reproducing records.116.30    (f) The board or designated board member must not enter into an agreement for 116.31corrective action when the complaint alleged sexual conduct with a client unless there is 116.32insufficient evidence to justify disciplinary action but there is a basis for corrective action.116.33    Subd. 2.Stipulations to cease practicing social work.(a) The board or a 116.34designated board member may enter into a stipulation to cease practicing social work with 116.35a licensee if the board or designated board member determines that the licensee is unable 117.1to practice social work competently or safely or that the social worker's continued practice 117.2creates an unacceptable risk of safety to clients, potential clients, or the public.117.3    (b) A stipulation to cease practicing social work must:117.4    (1) be in writing;117.5    (2) specify the facts upon which the stipulation is based;117.6    (3) clearly indicate that the licensee must not practice social work and must not hold 117.7out to the public that the social worker is licensed; and117.8    (4) specify the term of the stipulation or when and under what circumstances the 117.9licensee may petition the board for termination of the stipulation.117.10    (c) A stipulation to cease practicing social work is not disciplinary action but must 117.11be treated as public data under chapter 13.117.12    (d) Nothing in this subdivision prevents the board or designated board member 117.13from taking any other disciplinary or adversarial action authorized by sections 148E.255117.14to 148E.265 in lieu of or in addition to entering into a stipulation to cease practicing 117.15social work.117.16    Sec. 119. [148E.275] UNAUTHORIZED PRACTICE.117.17    No individual may:117.18    (1) engage in the practice of social work without a social work license under 117.19sections 148E.055 and 148E.060, except when the individual is exempt from licensure 117.20according to section 148E.065;117.21    (2) provide social work services to a client who resides in this state when the 117.22individual providing the services is not licensed as a social worker according to sections 117.23148E.055 to 148E.060, except when the individual is exempt from licensure according to 117.24section 148E.065.117.25    Sec. 120. [148E.280] USE OF TITLES.117.26    No individual may be presented to the public by any title incorporating the words 117.27"social work" or "social worker" or in the titles in section 148E.195, unless that individual 117.28holds a license under sections 148E.055 and 148E.060, or practices in a setting exempt 117.29from licensure under section 148E.065.117.30    Sec. 121. [148E.285] REPORTING REQUIREMENTS.117.31    Subdivision 1.Institutions.A state agency, political subdivision, agency of a local 117.32unit of government, private agency, hospital, clinic, prepaid medical plan, or other health 117.33care institution or organization must report to the board:118.1    (1) any adversarial action, disciplinary action, or other sanction for conduct that 118.2might constitute grounds for action under section 148E.190;118.3    (2) the resignation of any applicant or licensee prior to the conclusion of any 118.4proceeding for adversarial action, disciplinary action, or other sanction for conduct that 118.5might constitute grounds for action under section 148E.190; or118.6    (3) the resignation of any applicant or licensee prior to the commencement of a 118.7proceeding for adversarial action, disciplinary action, or other sanction for conduct that 118.8might constitute grounds for action under section 148E.190, but after the applicant or 118.9licensee had knowledge that a proceeding was contemplated or in preparation.118.10    Subd. 2.Professional societies and associations.A state or local professional 118.11society or association whose members consist primarily of licensed social workers must 118.12report to the board any adversarial action, disciplinary action, or other sanction taken 118.13against a member.118.14    Subd. 3.Immunity.An individual, professional society or association, state agency, 118.15political subdivision, agency of a local unit of government, private agency, hospital, 118.16clinic, prepaid medical plan, other health care institution or organization, or other entity is 118.17immune from civil liability or criminal prosecution for submitting in good faith a report 118.18under subdivision 1 or 2 or for otherwise reporting, providing information, or testifying 118.19about violations or alleged violations of this chapter.118.20    Sec. 122. [148E.290] PENALTIES.118.21    An individual or other entity that violates section 148E.275, 148E.280, or 148E.285118.22is guilty of a misdemeanor.118.23    Sec. 123. Minnesota Statutes 2006, section 151.01, is amended by adding a subdivision 118.24to read:118.25    Subd. 31.Electronic signature."Electronic signature" means an electronic sound, 118.26symbol, or process attached to or associated with a record and executed or adopted by a 118.27person with the intent to sign the record.118.28    Sec. 124. Minnesota Statutes 2006, section 151.01, is amended by adding a subdivision 118.29to read:118.30    Subd. 32.Electronic transmission."Electronic transmission" means transmission 118.31of information in electronic form.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; or120.7    (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 adopt rules for the conduct of its 120.19business;120.20    (9) to register as pharmacy technicians all applicants who the board determines are 120.21qualified to carry out the duties of a pharmacy technician; and120.22    (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 paper or 121.12hard copy prescription on which the prescriber has personally written in handwriting 121.13"dispense as written" or "D.A.W.," a prescription sent by electronic transmission on which 121.14the prescriber has expressly indicated in a manner consistent with the standards for 121.15electronic prescribing under Code of Federal Regulations, title 42, section 423, that the 121.16prescription is to be dispensed as transmitted and which bears the prescriber's electronic 121.17signature, 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 paper or 121.22hard copy prescription on which the prescriber has not personally written in handwriting 121.23"dispense as written" or "D.A.W.," a prescription sent by electronic transmission on which 121.24the prescriber has not expressly indicated in a manner consistent with the standards for 121.25electronic prescribing under Code of Federal Regulations, title 42, section 423, that the 121.26prescription is to be dispensed as transmitted and which bears the prescriber's electronic 121.27signature, 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    Subd. 3a.Prescriptions by electronic transmission.Nothing in this section 122.8permits a prescriber to maintain "dispense as written" or "D.A.W." as a default on all 122.9prescriptions. Prescribers must add the "dispense as written" or "D.A.W." designation to 122.10electronic prescriptions individually, as appropriate.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 at least two board members and, upon the request of the complainant, a 122.14review by a representative of the attorney general's office. 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 626.556122.17or 626.557, 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 written description of the board's complaint process, and actions of 122.26the board relating to the complaint. The written notice from the board must advise the 122.27complainant of the right to appeal the board's decision to the attorney general within 122.2830 days of receipt of the notice.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); and123.26    (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 
         148.171124.2to 
         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; or124.5    (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; or124.23    (6) in licensed professional clinical counseling, the mental health professional must 124.24be a licensed professional clinical counselor under section 148B.5301; or124.25    (7) 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.124.29EFFECTIVE DATE.This section is effective January 1, 2010.124.30    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) (6). 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; and125.14    (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.125.19EFFECTIVE DATE.This section is effective January 1, 2010.125.20    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; or126.14    (6) in licensed professional clinical counseling, the mental health professional must 126.15be a licensed professional clinical counselor under section 148B.5301; or126.16    (7) 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.126.20EFFECTIVE DATE.This section is effective January 1, 2010.126.21    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) (6). 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; and127.4    (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.127.11EFFECTIVE DATE.This section is effective January 1, 2010.127.12    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) (6), 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) (7), 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; and128.6    (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; or128.13    (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; or128.15    (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; and128.25    (5) has 40 hours of additional continuing education on mental health topics during 128.26the first year of employment.128.27EFFECTIVE DATE.This section is effective January 1, 2010.128.28    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) (6), 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. 129.8EFFECTIVE DATE.This section is effective January 1, 2010.129.9    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) (6); 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.129.27EFFECTIVE DATE.This section is effective January 1, 2010.129.28    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) (6), 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; and131.30    (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.131.33EFFECTIVE DATE.This section is effective January 1, 2010.131.34    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; and133.1    (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; and133.5    (7) in licensed professional clinical counseling, the mental health professional must 133.6be a licensed professional clinical counselor under section 148B.5301.133.7EFFECTIVE DATE.This section is effective January 1, 2010.133.8    Sec. 142. APPLICABILITY OF RULES.133.9    Minnesota Rules, parts 5601.0100 to 5601.3200, apply both to physical therapists 133.10and physical therapist assistants, except parts 5601.1200; 5601.1300; 5601.1800; 133.115601.1900; 5601.2000; 5601.3200, subpart 2, item D; and 5601.3200, subpart 5, only 133.12apply to physical therapists.133.13    Sec. 143. APPROPRIATIONS.133.14    $10,000 is appropriated in fiscal year 2008 and $5,000 is appropriated in fiscal year 133.152009 from the state government special revenue fund to the commissioner of health for the 133.16purpose of the examination procedures for individuals operating x-ray equipment.133.17    Sec. 144.  REPEALER.133.18(a) Minnesota Statutes 2006, sections 148.691, subdivision 3; 148.71, subdivision 1; 133.19148.72; 148.745; and 148.775, are repealed.133.20(b) Minnesota Statutes 2006, sections 148D.001; 148D.010; 148D.015; 148D.020; 133.21148D.025; 148D.030; 148D.035; 148D.040; 148D.045; 148D.050; 148D.055; 148D.060; 133.22148D.065; 148D.070; 148D.075; 148D.080; 148D.085; 148D.090; 148D.095; 148D.100; 133.23148D.105; 148D.110; 148D.115; 148D.120; 148D.125; 148D.130; 148D.135; 148D.140; 133.24148D.145; 148D.150; 148D.155; 148D.160; 148D.165; 148D.170; 148D.175; 148D.180; 133.25148D.185; 148D.190; 148D.195; 148D.200; 148D.205; 148D.210; 148D.215; 148D.220; 133.26148D.225; 148D.230; 148D.235; 148D.240; 148D.245; 148D.250; 148D.255; 148D.260; 133.27148D.265; 148D.270; 148D.275; 148D.280; 148D.285; and 148D.290, are repealed 133.28effective August 1, 2011.133.29(c) Minnesota Rules, parts 2500.0500; 5601.0200; 5601.0300; 5601.0400; 133.305601.0500; 5601.0600; 5601.0700; 5601.0800; 5601.1400; 5601.1500; 5601.1600; 133.315601.2800; 5601.2900; 5601.3000; 5601.3105; 5601.3110; 5601.3115; 5601.3120; 133.325601.3125; 5601.3130; 5601.3135; 5601.3140; 5601.3145; 5601.3150; 5601.3155; 133.335601.3160; and 5601.3165, are repealed.134.1    Sec. 145. EFFECTIVE DATE.134.2    Sections 64 to 122 are effective August 1, 2011.