HF 1745

1st Unofficial Engrossment - 86th Legislature (2009 - 2010)

Posted on 12/26/2012 11:27 p.m.

1.1A bill for an act 1.2relating to health; requiring the commissioner of health to enroll pharmacies 1.3or pharmacists in the pediatric vaccine administration program; changing the 1.4age requirement for pharmacists administering influenza vaccines; changing 1.5certain requirements; modifying provisions in health occupations for speech 1.6language pathologists and occupational therapists; expanding definition of 1.7licensed health care professional; changing provisions for food, beverage, and 1.8lodging establishments; requiring the Department of Health to use rules and 1.9guidelines from the federal government to implement the minimum data set 1.10for resident reimbursement classification; establishing fees; changing licensing 1.11provisions for social work;amending Minnesota Statutes 2008, sections 148.512, 1.12subdivision 13; 148.5193, subdivision 6a; 148.5194, subdivisions 2, 3, 7; 1.13148.6402, subdivisions 13, 22a; 148.6405; 148.6440, subdivision 2; 148D.010, 1.14subdivisions 9, 15, by adding subdivisions; 148D.025, subdivisions 2, 3; 1.15148D.061, subdivisions 6, 8; 148D.062, subdivision 2; 148D.063, subdivision 1.162; 148D.125, subdivisions 1, 3; 148E.010, subdivisions 11, 17, by adding 1.17subdivisions; 148E.025, subdivisions 2, 3; 148E.055, subdivision 5; 148E.100, 1.18subdivisions 3, 4, 5, 6, 7, by adding a subdivision; 148E.105, subdivisions 1, 3, 5, 1.197, by adding a subdivision; 148E.106, subdivisions 1, 2, 3, 4, 5, 8, 9, by adding 1.20a subdivision; 148E.110, subdivisions 1, 2, by adding subdivisions; 148E.115, 1.21subdivision 1, by adding a subdivision; 148E.120; 148E.125, subdivisions 1, 3; 1.22148E.130, subdivisions 2, 5, by adding a subdivision; 148E.165, subdivision 1.231; 151.01, subdivision 27; 157.16, subdivisions 2, 4; 214.103, subdivision 9; 1.24proposing coding for new law in Minnesota Statutes, chapter 145; repealing 1.25Minnesota Statutes 2008, sections 148D.062, subdivision 5; 148D.125, 1.26subdivision 2; 148D.180, subdivision 8; 148E.106, subdivision 6; 148E.125, 1.27subdivision 2; Minnesota Rules, parts 4610.0420; 4610.0500, subparts 1, 2, 3, 5; 1.284610.0600, subparts 1, 3, 4; 4610.0650. 1.29BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.30ARTICLE 1 1.31HEALTH-RELATED PROVISIONS 1.32    Section 1. new text begin [145.58] PEDIATRIC VACCINE ADMINISTRATION. new text end 2.1 new text begin The commissioner of health shall enroll a licensed pharmacy or individual new text end 2.2 new text begin pharmacist as a program-registered provider in the pediatric vaccine administration new text end 2.3 new text begin program under section 13631 of the federal Omnibus Budget Reconciliation Act of 1993, new text end 2.4 new text begin Public Law 103-66, based on the program's infrastructure capacity to enroll the additional new text end 2.5 new text begin pharmacy providers in the program. new text end 2.6    Sec. 2. new text begin [145.987] HEALTHY CHILDREN THROUGH IMMUNIZATION. new text end 2.7 new text begin Pharmacies and pharmacists providing immunizations to children under private new text end 2.8 new text begin insurance or fee-for-service arrangements prior to June 1, 2009, that are not enrolled new text end 2.9 new text begin in the pediatric vaccine administration program under section 13631 of the federal new text end 2.10 new text begin Omnibus Budget Reconciliation Act of 1993, Public Law 103-66, must discontinue new text end 2.11 new text begin immunization services to children under private insurance or fee-for-service arrangements new text end 2.12 new text begin after December 31, 2009. new text end 2.13    Sec. 3. Minnesota Statutes 2008, section 148.512, subdivision 13, is amended to read: 2.14    Subd. 13. Practice of speech-language pathology. The "practice of 2.15speech-language pathology" means: 2.16(1) identification, assessment, and interpretation, diagnosis, habilitation, 2.17rehabilitation, treatment and prevention of disorders of speech, articulation, fluency, voice, 2.18and language; 2.19(2) identification, assessment, and interpretation, diagnosis, habilitation, and 2.20rehabilitation of disorders of oral-pharyngeal function and related disorders; 2.21(3) identification, assessment, and interpretation, diagnosis, habilitation, and 2.22rehabilitation of communication disorders associated with cognition; 2.23(4) assessing, selecting, and developing augmentative and alternative communication 2.24systems and providing training in their use; 2.25(5) aural habilitation and rehabilitation and related counseling for hearing impaired 2.26individuals and their families; 2.27(6) enhancing speech-language proficiency and communication effectiveness; 2.28(7) audiometric screening new text begin individuals for hearing loss or middle ear pathology new text end for 2.29the purposes of speech-language evaluation or for the identification of possible hearing 2.30disorders; or 2.31(8) supervision of the functions in clauses (1) to (7). 2.32The practice of speech-language pathology does not include the practice of medicine 2.33and surgery, or osteopathic medicine and surgery, or medical diagnosis that is commonly 2.34performed by a physician. 3.1    Sec. 4. Minnesota Statutes 2008, section 148.5193, subdivision 6a, is amended to read: 3.2    Subd. 6a. Verification of attendance new text begin Auditing continuing education reports new text end . An 3.3applicant for licensure renewal must submit verification of attendance as follows: 3.4(1) a certificate of attendance from the sponsor with the continuing education course 3.5name, course date, and licensee's name. If a certificate of attendance is not available, 3.6the commissioner may accept other evidence of attendance such as a confirmation or 3.7statement of registration for regional or national annual conferences or conventions of 3.8professional associations, a copy of the continuing education courses indicating those 3.9attended, and an affidavit of attendance; 3.10(2) a copy of a record of attendance from the sponsor of the continuing education 3.11course; 3.12(3) a signature of the presenter or a designee at the continuing education activity 3.13on the continuing education report form; 3.14(4) a summary or outline of the educational content of an audio or video educational 3.15activity if a designee is not available to sign the continuing education report form; 3.16(5) for self-study programs, a certificate of completion or other documentation 3.17indicating that the individual has demonstrated knowledge and has successfully completed 3.18the program; or 3.19(6) for attendance at a university, college, or vocational course, an official transcript. new text begin new text end 3.20 new text begin (a) The commissioner may audit a percentage of the continuing education reports based on new text end 3.21 new text begin random selection. A licensee shall maintain all documentation required by this section new text end 3.22 new text begin for two years after the last day of the biennial licensure period in which the contact new text end 3.23 new text begin hours were earned. new text end 3.24 new text begin (b) All renewal applications that are received after the expiration date may be subject new text end 3.25 new text begin to a continuing education report audit. new text end 3.26 new text begin (c) Any licensee against whom a complaint is filed may be subject to a continuing new text end 3.27 new text begin education report audit. new text end 3.28 new text begin (d) The licensee shall make the following information available to the commissioner new text end 3.29 new text begin for auditing purposes: new text end 3.30 new text begin (1) a copy of the completed continuing education report form for the continuing new text end 3.31 new text begin education reporting period that is the subject of the audit including all supporting new text end 3.32 new text begin documentation required by subdivision 5; new text end 3.33 new text begin (2) a description of the continuing education activity prepared by the presenter or new text end 3.34 new text begin sponsor that includes the course title or subject matter, date, place, number of program new text end 3.35 new text begin contact hours, presenters, and sponsors; new text end 4.1 new text begin (3) documentation of self-study programs by materials prepared by the presenter new text end 4.2 new text begin or sponsor that includes the course title, course description, name of sponsor or author, new text end 4.3 new text begin and the number of hours required to complete the program; new text end 4.4 new text begin (4) documentation of university, college, or vocational school courses by a course new text end 4.5 new text begin syllabus, listing in a course bulletin, or equivalent documentation that includes the course new text end 4.6 new text begin title, instructor's name, course dates, number of contact hours, and course content, new text end 4.7 new text begin objectives, or goals; and new text end 4.8 new text begin (5) verification of attendance by: new text end 4.9 new text begin (i) a signature of the presenter or a designee at the continuing education activity on new text end 4.10 new text begin the continuing education report form or a certificate of attendance with the course name, new text end 4.11 new text begin course date, and licensee's name; new text end 4.12 new text begin (ii) a summary or outline of the educational content of an audio or video educational new text end 4.13 new text begin activity to verify the licensee's participation in the activity if a designee is not available to new text end 4.14 new text begin sign the continuing education report form; new text end 4.15 new text begin (iii) verification of self-study programs by a certificate of completion or other new text end 4.16 new text begin documentation indicating that the individual has demonstrated knowledge and has new text end 4.17 new text begin successfully completed the program; or new text end 4.18 new text begin (iv) verification of attendance at a university, college, or vocational course by an new text end 4.19 new text begin official transcript. new text end 4.20    Sec. 5. Minnesota Statutes 2008, section 148.5194, subdivision 2, is amended to read: 4.21    Subd. 2. new text begin Speech-language pathologist new text end new text begin new text end biennial licensure fee. The fee for initial 4.22licensure and biennial licensure, clinical fellowship licensure, temporary licensure, or 4.23renewal new text begin for a speech-language pathologist new text end new text begin new text end is $200. 4.24    Sec. 6. Minnesota Statutes 2008, section 148.5194, subdivision 3, is amended to read: 4.25    Subd. 3. Biennial licensure fee for dual licensure as a speech-language 4.26pathologist and audiologist. The fee for initial licensure and biennial licensure, clinical 4.27fellowship licensure, doctoral externship, temporary license, or renewal is $200 new text begin $435 new text end . 4.28    Sec. 7. Minnesota Statutes 2008, section 148.5194, subdivision 7, is amended to read: 4.29    Subd. 7. Audiologist surcharge new text begin biennial licensure new text end fee. (a) The biennial surcharge new text begin new text end 4.30 new text begin licensure new text end fee for audiologists is $235. The commissioner shall prorate the fee for 4.31clinical fellowship, doctoral externship, temporary, and first time new text begin initial applicants and new text end 4.32 new text begin renewal new text end licensees according to the number of months that have elapsed between the date 5.1the license is issued and the date the license expires or must be renewed under section 5.2148.5191, subdivision 4 new text begin is $435 new text end . 5.3(b) The audiologist surcharge fee is for practical examination costs greater than 5.4audiologist exam fee receipts and new text begin for new text end complaint investigation, enforcement action 5.5and consumer information, and assistance expenditures related to hearing instrument 5.6dispensing. 5.7    Sec. 8. Minnesota Statutes 2008, section 148.6402, subdivision 13, is amended to read: 5.8    Subd. 13. Licensed health care professional. "Licensed health care professional" 5.9means a person licensed in good standing in Minnesota to practice medicine, osteopathy, 5.10chiropractic, podiatry, new text begin advanced practice registered nursing, new text end or dentistry new text begin , or is a person new text end 5.11 new text begin registered as a physician assistant in Minnesota new text end . 5.12    Sec. 9. Minnesota Statutes 2008, section 148.6402, subdivision 22a, is amended to 5.13read: 5.14    Subd. 22a. Limited license. "Limited license" means a license issued according 5.15to section 148.6425, subdivision 3, paragraph (c), to persons who have allowed their 5.16license to lapse for four new text begin two new text end years or more and new text begin did not apply for a license after meeting new text end 5.17 new text begin the requirements in section 148.6408 or 148.6410 or new text end who choose a supervised practice 5.18as the method for renewing their license status new text begin allowed their license to lapse for four new text end 5.19 new text begin years or more new text end . 5.20    Sec. 10. Minnesota Statutes 2008, section 148.6405, is amended to read: 5.21148.6405 LICENSURE APPLICATION REQUIREMENTS: PROCEDURES 5.22AND QUALIFICATIONS. 5.23(a) An applicant for licensure must comply with the application requirements 5.24in section 148.6420. To qualify for licensure, an applicant must satisfy one of the 5.25requirements in paragraphs (b) to (f) and not be subject to denial of licensure under 5.26section 148.6448. 5.27(b) A person who applies for licensure as an occupational therapist and who has not 5.28been credentialed by the National Board for Certification in Occupational Therapy or 5.29another jurisdiction must meet the requirements in section 148.6408. 5.30(c) A person who applies for licensure as an occupational therapy assistant and who 5.31has not been credentialed by the National Board for Certification in Occupational Therapy 5.32or another jurisdiction must meet the requirements in section 148.6410. 6.1(d) A person who is certified by the National Board for Certification in Occupational 6.2Therapy may apply for licensure by equivalency and must meet the requirements in 6.3section 148.6412. 6.4(e) A person who is credentialed in another jurisdiction may apply for licensure by 6.5reciprocity and must meet the requirements in section 148.6415. 6.6(f) A person who applies for temporary licensure must meet the requirements in 6.7section 148.6418. 6.8 new text begin (g) A person who applies for licensure under paragraph (b), (c), or (f), more than two new text end 6.9 new text begin and less than four years after meeting the requirements in section 148.6408 or 148.6410 new text end 6.10 new text begin must submit the following: new text end 6.11 new text begin (1) a completed and signed application for licensure on forms provided by the new text end 6.12 new text begin commissioner; new text end 6.13 new text begin (2) the license application fee required under section 148.6445; new text end 6.14 new text begin (3) if applying for occupational therapist licensure, proof of having met a minimum new text end 6.15 new text begin of 24 contact hours of continuing education in the two years preceding licensure new text end 6.16 new text begin application, or if applying for occupational therapy assistant licensure, proof of having new text end 6.17 new text begin met a minimum of 18 contact hours of continuing education in the two years preceding new text end 6.18 new text begin licensure application; new text end 6.19 new text begin (4) verified documentation of successful completion of 160 hours of supervised new text end 6.20 new text begin practice approved by the commissioner under a limited license specified in section new text end 6.21 new text begin 148.6425, subdivision 3, paragraph (c); and new text end 6.22 new text begin (5) additional information as requested by the commissioner to clarify information new text end 6.23 new text begin in the application, including information to determine whether the individual has engaged new text end 6.24 new text begin in conduct warranting disciplinary action under section 148.6448. The information must new text end 6.25 new text begin be submitted within 30 days after the commissioner's request. new text end 6.26 new text begin (h) A person who applied for licensure under paragraph (b), (c), or (f), four years new text end 6.27 new text begin or more after meeting the requirements in section 148.6408 or 148.6410 must meet new text end 6.28 new text begin all the requirements in paragraph (g) except items (3) and (4), submit documentation new text end 6.29 new text begin of having retaken and passed the credentialing examination for occupational therapist new text end 6.30 new text begin or occupational therapy assistant, or of having completed an occupational therapy new text end 6.31 new text begin refresher program that contains both a theoretical and clinical component approved by new text end 6.32 new text begin the commissioner, and verified documentation of successful completion of 480 hours of new text end 6.33 new text begin supervised practice approved by the commissioner under a limited license specified in new text end 6.34 new text begin section 148.6425, subdivision 3, paragraph (c). Only refresher courses completed within new text end 6.35 new text begin one year prior to date of application qualify for approval. new text end 7.1    Sec. 11. Minnesota Statutes 2008, section 148.6440, subdivision 2, is amended to read: 7.2    Subd. 2. Written documentation required. new text begin (a) new text end An occupational therapist must 7.3provide to the commissioner documentation verifying that the occupational therapist 7.4has met the educational and clinical requirements described in subdivisions 3 to 5, 7.5depending on the modality or modalities to be used. Both theoretical training and clinical 7.6application objectives must be met for each modality used. Documentation must include 7.7the name and address of the individual or organization sponsoring the activity; the 7.8name and address of the facility at which the activity was presented; and a copy of the 7.9course, workshop, or seminar description, including learning objectives and standards 7.10for meeting the objectives. In the case of clinical application objectives, teaching 7.11methods must be documented, including actual supervised practice. Documentation must 7.12include a transcript or certificate showing successful completion of the coursework. 7.13 new text begin Coursework completed more than two years prior to date of application must be retaken. new text end 7.14An occupational therapist who is a certified hand therapist shall document satisfaction 7.15of the requirements in subdivisions 3 to 5 by submitting to the commissioner a copy of 7.16a certificate issued by the Hand Therapy Certification Commission. Practitioners are 7.17prohibited from using physical agent modalities under supervision or independently until 7.18granted approval as provided in subdivision 7 new text begin , except under the provisions in paragraph new text end 7.19 new text begin (b) new text end . 7.20 new text begin (b) If a practitioner has successfully completed a specific course previously reviewed new text end 7.21 new text begin and approved by the commissioner as provided for in subdivision 7, and has submitted the new text end 7.22 new text begin written documentation required in paragraph (a) within 30 calendar days from the course new text end 7.23 new text begin date, the practitioner awaiting written approval from the commissioner may use physical new text end 7.24 new text begin agent modalities under the supervision of a practitioner listed on the roster of persons new text end 7.25 new text begin approved to use physical agent modalities. new text end 7.26    Sec. 12. Minnesota Statutes 2008, section 151.01, subdivision 27, is amended to read: 7.27    Subd. 27. Practice of pharmacy. "Practice of pharmacy" means: 7.28    (1) interpretation and evaluation of prescription drug orders; 7.29    (2) compounding, labeling, and dispensing drugs and devices (except labeling by 7.30a manufacturer or packager of nonprescription drugs or commercially packaged legend 7.31drugs and devices); 7.32    (3) participation in clinical interpretations and monitoring of drug therapy for 7.33assurance of safe and effective use of drugs; 8.1    (4) participation in drug and therapeutic device selection; drug administration for 8.2first dosage and medical emergencies; drug regimen reviews; and drug or drug-related 8.3research; 8.4    (5) participation in administration of influenza vaccines to all eligible individuals 8.5over ten years of age new text begin and older new text end and all other vaccines to patients 18 years of age and 8.6older under standing orders from a physician licensed under chapter 147 or by written 8.7protocol with a physician provided that: 8.8    (i) the pharmacist is trained in a program approved by the American Council of 8.9Pharmaceutical Education for the administration of immunizations or graduated from a 8.10college of pharmacy in 2001 or thereafter; and 8.11    (ii) the pharmacist reports the administration of the immunization to the patient's 8.12primary physician or clinic; 8.13    (6) participation in the practice of managing drug therapy and modifying drug 8.14therapy, according to section 151.21, subdivision 1, according to a written protocol 8.15between the specific pharmacist and the individual dentist, optometrist, physician, 8.16podiatrist, or veterinarian who is responsible for the patient's care and authorized to 8.17independently prescribe drugs. Any significant changes in drug therapy must be reported 8.18by the pharmacist to the patient's medical record; 8.19    (7) participation in the storage of drugs and the maintenance of records; 8.20    (8) responsibility for participation in patient counseling on therapeutic values, 8.21content, hazards, and uses of drugs and devices; and 8.22    (9) offering or performing those acts, services, operations, or transactions necessary 8.23in the conduct, operation, management, and control of a pharmacy. 8.24    Sec. 13. Minnesota Statutes 2008, section 157.16, subdivision 2, is amended to read: 8.25    Subd. 2. License renewal. Initial and renewal licenses for all food and beverage 8.26service establishments, hotels, motels, lodging establishments, public pools, and resorts 8.27shall be issued for the calendar year for which application is made and shall expire on 8.28December 31 of such year new text begin on an annual basis new text end . Any person who operates a place of 8.29business after the expiration date of a license or without having submitted an application 8.30and paid the fee shall be deemed to have violated the provisions of this chapter and shall 8.31be subject to enforcement action, as provided in the Health Enforcement Consolidation 8.32Act, sections 144.989 to 144.993. In addition, a penalty of $50 shall be added to the total 8.33of the license fee for any food and beverage service establishment operating without a 8.34license as a mobile food unit, a seasonal temporary or seasonal permanent food stand, or a 8.35special event food stand, and a penalty of $100 shall be added to the total of the license fee 9.1for all restaurants, food carts, hotels, motels, lodging establishments, public pools, and 9.2resorts operating without a license for a period of up to 30 days. A late fee of $300 shall be 9.3added to the license fee for establishments operating more than 30 days without a license. 9.4    Sec. 14. Minnesota Statutes 2008, section 157.16, subdivision 4, is amended to read: 9.5    Subd. 4. Posting requirements. Every food and beverage service establishment, 9.6hotel, motel, lodging establishment, public pool, or resort must have the license posted 9.7in a conspicuous place at the establishment. new text begin Mobile food units, food carts, and seasonal new text end 9.8 new text begin temporary food stands shall be issued decals with the initial license and each calendar year new text end 9.9 new text begin with license renewals. The current license year decal must be placed on the unit or stand new text end 9.10 new text begin in a location determined by the commissioner. Decals are not transferable. new text end 9.11    Sec. 15. Minnesota Statutes 2008, section 214.103, subdivision 9, is amended to read: 9.12    Subd. 9. Information to complainant. A board shall furnish to a person who 9.13made a complaint a written description of the board's complaint process, and actions of 9.14the board relating to the complaint. The written notice from the board must advise the 9.15complainant of the right to appeal the board's decision to the attorney general within 9.1630 days of receipt of the notice. 9.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2009. new text end 9.18    Sec. 16. new text begin MINIMUM DATA SET, VERSION 3.0. new text end 9.19 new text begin The commissioner of health shall implement the minimum data set, version 3.0 new text end 9.20 new text begin (MDS 3.0) for the resident reimbursement classification in Minnesota Statutes, section new text end 9.21 new text begin 144.0724, using the rules and guidelines when they are published by the United States new text end 9.22 new text begin Department of Health and Human Services, Centers for Medicare and Medicaid Services. new text end 9.23 new text begin Implementation of MDS 3.0 must correspond to the implementation times specified in the new text end 9.24 new text begin federal requirements. The commissioners of health and human services shall establish new text end 9.25 new text begin procedures for the transition from resource utilization groups (RUGs) to MDS 3.0 for new text end 9.26 new text begin resident reimbursement classification. new text end 9.27    Sec. 17. new text begin REVISOR'S INSTRUCTION. new text end 9.28 new text begin The revisor of statutes shall renumber Minnesota Statutes, section 43A.312, as new text end 9.29 new text begin 62J.63 and make any cross-reference changes in Minnesota Statutes. new text end 9.30    Sec. 18. new text begin REPEALER. new text end 10.1 new text begin Minnesota Rules, parts 4610.0420; 4610.0500, subparts 1, 2, 3, and 5; 4610.0600, new text end 10.2 new text begin subparts 1, 3, and 4; and 4610.0650, new text end new text begin are repealed July 1, 2009. new text end 10.3ARTICLE 2 10.4AMENDMENTS TO CURRENT LICENSING STATUTE 10.5    Section 1. Minnesota Statutes 2008, section 148D.010, is amended by adding a 10.6subdivision to read: 10.7     new text begin Subd. 6a. new text end new text begin Clinical supervision. new text end new text begin "Clinical supervision" means supervision, as new text end 10.8 new text begin defined in subdivision 16, of a social worker engaged in clinical practice, as defined in new text end 10.9 new text begin subdivision 6. new text end 10.10    Sec. 2. Minnesota Statutes 2008, section 148D.010, is amended by adding a 10.11subdivision to read: 10.12     new text begin Subd. 6b. new text end new text begin Graduate degree. new text end new text begin "Graduate degree" means a master's degree in social new text end 10.13 new text begin work from a program accredited by the Council on Social Work Education, the Canadian new text end 10.14 new text begin Association of Schools of Social Work, or a similar accreditation body designated by the new text end 10.15 new text begin board, or a doctorate in social work from an accredited university. new text end 10.16    Sec. 3. Minnesota Statutes 2008, section 148D.010, subdivision 9, is amended to read: 10.17    Subd. 9. Practice of social work. new text begin (a) new text end "Practice of social work" means working 10.18to maintain, restore, or improve behavioral, cognitive, emotional, mental, or social 10.19functioning of clients, in a manner that applies accepted professional social work 10.20knowledge, skills, and values, including the person-in-environment perspective, by 10.21providing in person or through telephone, video conferencing, or electronic means one or 10.22more of the social work services described in new text begin paragraph (b), new text end clauses (1) to (3). Social work 10.23services may address conditions that impair or limit behavioral, cognitive, emotional, 10.24mental, or social functioning. Such conditions include, but are not limited to, the 10.25following: abuse and neglect of children or vulnerable adults, addictions, developmental 10.26disorders, disabilities, discrimination, illness, injuries, poverty, and trauma. new text begin Practice new text end 10.27 new text begin of social work also means providing social work services in a position for which the new text end 10.28 new text begin educational basis is the individual's degree in social work described in subdivision 13. new text end 10.29 new text begin (b) new text end Social work services include: 10.30(1) providing assessment and intervention through direct contact with clients, 10.31developing a plan based on information from an assessment, and providing services which 10.32include, but are not limited to, assessment, case management, client-centered advocacy, 10.33client education, consultation, counseling, crisis intervention, and referral; 11.1(2) providing for the direct or indirect benefit of clients through administrative, 11.2educational, policy, or research services including, but not limited to: 11.3(i) advocating for policies, programs, or services to improve the well-being of clients; 11.4(ii) conducting research related to social work services; 11.5(iii) developing and administering programs which provide social work services; 11.6(iv) engaging in community organization to address social problems through 11.7planned collective action; 11.8(v) supervising individuals who provide social work services to clients; 11.9(vi) supervising social workers in order to comply with the supervised practice 11.10requirements specified in sections 148D.100 to 148D.125; and 11.11(vii) teaching professional social work knowledge, skills, and values to students; and 11.12(3) engaging in clinical practice. 11.13    Sec. 4. Minnesota Statutes 2008, section 148D.010, subdivision 15, is amended to read: 11.14    Subd. 15. Supervisee. "Supervisee" means an individual provided evaluation and 11.15supervision or direction by a social worker new text begin an individual who meets the requirements of new text end 11.16 new text begin section 148D.120 new text end . 11.17    Sec. 5. Minnesota Statutes 2008, section 148D.010, is amended by adding a 11.18subdivision to read: 11.19     new text begin Subd. 17. new text end new text begin Supervisor. new text end new text begin "Supervisor" means an individual who provides evaluation new text end 11.20 new text begin and direction through supervision as specified in subdivision 16, in order to comply with new text end 11.21 new text begin sections 148D.100 to 148D.125. new text end 11.22    Sec. 6. Minnesota Statutes 2008, section 148D.025, subdivision 2, is amended to read: 11.23    Subd. 2. Qualifications of board members. (a) All social worker members must 11.24have engaged in the practice of social work in Minnesota for at least one year during 11.25the ten years preceding their appointments. 11.26(b) Five social worker members must be licensed social workers new text begin according to new text end 11.27 new text begin section 148D.055, subdivision 2 new text end . The other five members must be new text begin include new text end a licensed 11.28graduate social worker, a licensed independent social worker, or a new text begin and at least two new text end licensed 11.29independent clinical social worker new text begin workers new text end . 11.30(c) Eight social worker members must be engaged at the time of their appointment in 11.31the practice of social work in Minnesota in the following settings: 11.32(1) one member must be engaged in the practice of social work in a county agency; 11.33(2) one member must be engaged in the practice of social work in a state agency; 12.1(3) one member must be engaged in the practice of social work in an elementary, 12.2middle, or secondary school; 12.3(4) one member must be employed in a hospital or nursing home licensed under 12.4chapter 144 or 144A; 12.5(5) two members new text begin one member new text end must be engaged in the practice of social work in a 12.6private agency; 12.7(6) one member new text begin two members new text end must be engaged in the practice of social work in a 12.8clinical social work setting; and 12.9(7) one member must be an educator engaged in regular teaching duties at a 12.10program of social work accredited by the Council on Social Work Education or a similar 12.11accreditation body designated by the board. 12.12(d) At the time of their appointments, at least six members must reside outside of the 12.13seven-county new text begin 11-county new text end metropolitan area. 12.14(e) At the time of their appointments, at least five members must be persons with 12.15expertise in communities of color. 12.16    Sec. 7. Minnesota Statutes 2008, section 148D.025, subdivision 3, is amended to read: 12.17    Subd. 3. Officers. The board must annually new text begin biennially new text end elect from its membership a 12.18chair, vice-chair, and secretary-treasurer. 12.19    Sec. 8. Minnesota Statutes 2008, section 148D.061, subdivision 6, is amended to read: 12.20    Subd. 6. Evaluation by supervisor. (a) After being issued a provisional license 12.21under subdivision 1, the licensee new text begin licensee's supervisor new text end must submit an evaluation by the 12.22licensee's supervisor every six months during the first 2,000 hours of social work practice. 12.23The evaluation must meet the requirements in section 148D.063. The supervisor must 12.24meet the eligibility requirements specified in section 148D.062. 12.25    (b) After completion of 2,000 hours of supervised social work practice, the licensee's 12.26supervisor must submit a final evaluation and attest to the applicant's ability to engage in 12.27the practice of social work safely and competently new text begin and ethically new text end . 12.28    Sec. 9. Minnesota Statutes 2008, section 148D.061, subdivision 8, is amended to read: 12.29    Subd. 8. Disciplinary or other action. The board may take action according to 12.30sections 148D.260 to 148D.270 if: 12.31    (1) the licensee's supervisor does not submit an evaluation as required by section 12.32148D.062 new text begin 148D.063 new text end ; 13.1    (2) an evaluation submitted according to section new text begin 148D.063 new text end indicates that 13.2the licensee cannot practice social work competently and safely new text begin ethically new text end ; or 13.3    (3) the licensee does not comply with the requirements of subdivisions 1 to 7. 13.4    Sec. 10. Minnesota Statutes 2008, section 148D.062, subdivision 2, is amended to read: 13.5    Subd. 2. Practice requirements. The supervision required by subdivision 1 must 13.6be obtained during the first 2,000 hours of social work practice after the effective date of 13.7the provisional license. At least three hours of supervision must be obtained during every 13.8160 hours of practice new text begin under a provisional license until a permanent license is issued new text end . 13.9    Sec. 11. Minnesota Statutes 2008, section 148D.063, subdivision 2, is amended to read: 13.10    Subd. 2. Evaluation. (a) When a supervisee new text begin licensee's supervisor new text end submits an 13.11evaluation to the board according to section 148D.061, subdivision 6, the supervisee and 13.12supervisor must provide the following information on a form provided by the board: 13.13    (1) the name of the supervisee, the name of the agency in which the supervisee is 13.14being supervised, and the supervisee's position title; 13.15    (2) the name and qualifications of the supervisor; 13.16    (3) the number of hours and dates of each type of supervision completed; 13.17    (4) the supervisee's position description; 13.18    (5) a declaration that the supervisee has not engaged in conduct in violation of the 13.19standards of practice in sections 148D.195 to 148D.240; 13.20    (6) a declaration that the supervisee has practiced competently and ethically 13.21according to professional social work knowledge, skills, and values; and 13.22    (7) on a form provided by the board, an evaluation of the licensee's practice in 13.23the following areas: 13.24    (i) development of professional social work knowledge, skills, and values; 13.25    (ii) practice methods; 13.26    (iii) authorized scope of practice; 13.27    (iv) ensuring continuing competence; 13.28    (v) ethical standards of practice; and 13.29    (vi) clinical practice, if applicable. 13.30    (b) The information provided on the evaluation form must demonstrate new text begin supervisor new text end 13.31 new text begin must attest to the satisfaction of the board new text end that the supervisee has met or has made progress 13.32on meeting the applicable supervised practice requirements. 13.33    Sec. 12. Minnesota Statutes 2008, section 148D.125, subdivision 1, is amended to read: 14.1    Subdivision 1. Supervision plan. (a) A social worker must submit, on a form 14.2provided by the board, a supervision plan for meeting the supervision requirements 14.3specified in sections 148D.100 to 148D.120. 14.4    (b) The supervision plan must be submitted no later than 90 new text begin 60 new text end days after the 14.5licensee begins a social work practice position after becoming licensed. 14.6    (c) For failure to submit the supervision plan within 90 new text begin 60 new text end days after beginning a 14.7social work practice position, a licensee must pay the supervision plan late fee specified in 14.8section 148D.180 when the licensee applies for license renewal. 14.9    (d) A license renewal application submitted pursuant to section 148D.070, 14.10subdivision 3 , must not be approved unless the board has received a supervision plan. 14.11    (e) The supervision plan must include the following: 14.12    (1) the name of the supervisee, the name of the agency in which the supervisee is 14.13being supervised, and the supervisee's position title; 14.14    (2) the name and qualifications of the person providing the supervision; 14.15    (3) the number of hours of one-on-one in-person supervision and the number and 14.16type of additional hours of supervision to be completed by the supervisee; 14.17    (4) the supervisee's position description; 14.18    (5) a brief description of the supervision the supervisee will receive in the following 14.19content areas: 14.20    (i) clinical practice, if applicable; 14.21    (ii) development of professional social work knowledge, skills, and values; 14.22    (iii) practice methods; 14.23    (iv) authorized scope of practice; 14.24    (v) ensuring continuing competence; and 14.25    (vi) ethical standards of practice; and 14.26    (6) if applicable, a detailed description of the supervisee's clinical social work 14.27practice, addressing: 14.28    (i) the client population, the range of presenting issues, and the diagnoses; 14.29    (ii) the clinical modalities that were utilized; and 14.30    (iii) the process utilized for determining clinical diagnoses, including the diagnostic 14.31instruments used and the role of the supervisee in the diagnostic process. An applicant for 14.32licensure as a licensed professional clinical counselor must present evidence of completion 14.33of a degree equivalent to that required in section 148B.5301, subdivision 1, clause (3). 14.34    (f) The board must receive a revised supervision plan within 90 new text begin 60 new text end days of any 14.35of the following changes: 14.36    (1) the supervisee has a new supervisor; 15.1    (2) the supervisee begins a new social work position; 15.2    (3) the scope or content of the supervisee's social work practice changes substantially; 15.3    (4) the number of practice or supervision hours changes substantially; or 15.4    (5) the type of supervision changes as supervision is described in section 148D.100, 15.5subdivision 3 , or 148D.105, subdivision 3, or as required in section 148D.115, subdivision 15.64 . 15.7    (g) For failure to submit a revised supervision plan as required in paragraph (f), a 15.8supervisee must pay the supervision plan late fee specified in section 148D.180, when 15.9the supervisee applies for license renewal. 15.10    (h) The board must approve the supervisor and the supervision plan. 15.11    Sec. 13. Minnesota Statutes 2008, section 148D.125, subdivision 3, is amended to read: 15.12    Subd. 3. Verification of supervised practice. (a) In addition to receiving the 15.13attestation required pursuant to subdivision 2, The board must receive verification of 15.14supervised practice if new text begin when new text end : 15.15(1) the board audits the supervision of a supervisee new text begin licensee submits the license new text end 15.16 new text begin renewal application form new text end pursuant to section 148D.070, subdivision 3; or 15.17(2) an applicant applies for a license as a licensed independent social worker or as a 15.18licensed independent clinical social worker. 15.19(b) When verification of supervised practice is required pursuant to paragraph (a), 15.20the board must receive from the supervisor the following information on a form provided 15.21by the board: 15.22(1) the name of the supervisee, the name of the agency in which the supervisee is 15.23being supervised, and the supervisee's position title; 15.24(2) the name and qualifications of the supervisor; 15.25(3) the number of hours and dates of each type of supervision completed; 15.26(4) the supervisee's position description; 15.27(5) a declaration that the supervisee has not engaged in conduct in violation of the 15.28standards of practice specified in sections 148D.195 to 148D.240; 15.29(6) a declaration that the supervisee has practiced ethically and competently in 15.30accordance with professional social work knowledge, skills, and values; 15.31(7) a list of the content areas in which the supervisee has received supervision, 15.32including the following: 15.33(i) clinical practice, if applicable; 15.34(ii) development of professional social work knowledge, skills, and values; 15.35(iii) practice methods; 16.1(iv) authorized scope of practice; 16.2(v) ensuring continuing competence; and 16.3(vi) ethical standards of practice; and 16.4(8) if applicable, a detailed description of the supervisee's clinical social work 16.5practice, addressing: 16.6(i) the client population, the range of presenting issues, and the diagnoses; 16.7(ii) the clinical modalities that were utilized; and 16.8(iii) the process utilized for determining clinical diagnoses, including the diagnostic 16.9instruments used and the role of the supervisee in the diagnostic process. 16.10(c) The information provided on the verification form must demonstrate to the board's 16.11satisfaction that the supervisee has met the applicable supervised practice requirements. 16.12    Sec. 14. new text begin REPEALER. new text end 16.13 new text begin Minnesota Statutes 2008, sections 148D.062, subdivision 5; 148D.125, subdivision new text end 16.14 new text begin 2; and 148D.180, subdivision 8, new text end new text begin are repealed. new text end 16.15    Sec. 15. new text begin EFFECTIVE DATE. new text end 16.16 new text begin This article is effective the day following final enactment. new text end 16.17ARTICLE 3 16.18LICENSING STATUTE EFFECTIVE 2011 16.19    Section 1. Minnesota Statutes 2008, section 148E.010, is amended by adding a 16.20subdivision to read: 16.21     new text begin Subd. 5a. new text end new text begin Client system. new text end new text begin "Client system" means the client and those in the client's new text end 16.22 new text begin environment who are potentially influential in contributing to a resolution of the client's new text end 16.23 new text begin issues. new text end 16.24    Sec. 2. Minnesota Statutes 2008, section 148E.010, is amended by adding a subdivision 16.25to read: 16.26     new text begin Subd. 7a. new text end new text begin Direct clinical client contact. new text end new text begin "Direct clinical client contact" means new text end 16.27 new text begin in-person or electronic media interaction with a client, including client systems and new text end 16.28 new text begin service providers, related to the client's mental and emotional functioning, differential new text end 16.29 new text begin diagnosis, and treatment, in subdivision 6. new text end 16.30    Sec. 3. Minnesota Statutes 2008, section 148E.010, subdivision 11, is amended to read: 17.1    Subd. 11. Practice of social work. new text begin (a) new text end "Practice of social work" means working 17.2to maintain, restore, or improve behavioral, cognitive, emotional, mental, or social 17.3functioning of clients, in a manner that applies accepted professional social work 17.4knowledge, skills, and values, including the person-in-environment perspective, by 17.5providing in person or through telephone, video conferencing, or electronic means one or 17.6more of the social work services described in new text begin paragraph (b), new text end clauses (1) to (3). Social work 17.7services may address conditions that impair or limit behavioral, cognitive, emotional, 17.8mental, or social functioning. Such conditions include, but are not limited to, the 17.9following: abuse and neglect of children or vulnerable adults, addictions, developmental 17.10disorders, disabilities, discrimination, illness, injuries, poverty, and trauma. new text begin Practice new text end 17.11 new text begin of social work also means providing social work services in a position for which the new text end 17.12 new text begin educational basis is the individual's degree in social work described in subdivision 13. new text end 17.13 new text begin (b) new text end Social work services include: 17.14    (1) providing assessment and intervention through direct contact with clients, 17.15developing a plan based on information from an assessment, and providing services which 17.16include, but are not limited to, assessment, case management, client-centered advocacy, 17.17client education, consultation, counseling, crisis intervention, and referral; 17.18    (2) providing for the direct or indirect benefit of clients through administrative, 17.19educational, policy, or research services including, but not limited to: 17.20    (i) advocating for policies, programs, or services to improve the well-being of clients; 17.21    (ii) conducting research related to social work services; 17.22    (iii) developing and administering programs which provide social work services; 17.23    (iv) engaging in community organization to address social problems through 17.24planned collective action; 17.25    (v) supervising individuals who provide social work services to clients; 17.26    (vi) supervising social workers in order to comply with the supervised practice 17.27requirements specified in sections 148E.100 to 148E.125; and 17.28    (vii) teaching professional social work knowledge, skills, and values to students; and 17.29    (3) engaging in clinical practice. 17.30    Sec. 4. Minnesota Statutes 2008, section 148E.010, subdivision 17, is amended to read: 17.31    Subd. 17. Supervisee. "Supervisee" means an individual provided evaluation and 17.32supervision or direction by a social worker new text begin an individual who meets the requirements new text end 17.33 new text begin under section 148E.120 new text end . 18.1    Sec. 5. Minnesota Statutes 2008, section 148E.010, is amended by adding a subdivision 18.2to read: 18.3     new text begin Subd. 19. new text end new text begin Supervisor. new text end new text begin "Supervisor" means an individual who provides evaluation new text end 18.4 new text begin and direction through supervision as described in subdivision 18 in order to comply with new text end 18.5 new text begin sections 148E.100 to 148E.125. new text end 18.6    Sec. 6. Minnesota Statutes 2008, section 148E.025, subdivision 2, is amended to read: 18.7    Subd. 2. Qualifications of board members. (a) All social worker members must 18.8have engaged in the practice of social work in Minnesota for at least one year during 18.9the ten years preceding their appointments. 18.10    (b) Five social worker members must be licensed social workers new text begin under section new text end 18.11 new text begin 148E.055, subdivision 2 new text end . The other five members must be new text begin include new text end a licensed graduate 18.12social worker, a licensed independent social worker, or a new text begin and at least two new text end licensed 18.13independent clinical social worker new text begin workers new text end . 18.14    (c) Eight social worker members must be engaged at the time of their appointment in 18.15the practice of social work in Minnesota in the following settings: 18.16    (1) one member must be engaged in the practice of social work in a county agency; 18.17    (2) one member must be engaged in the practice of social work in a state agency; 18.18    (3) one member must be engaged in the practice of social work in an elementary, 18.19middle, or secondary school; 18.20    (4) one member must be employed in a hospital or nursing home licensed under 18.21chapter 144 or 144A; 18.22    (5) two members new text begin one member new text end must be engaged in the practice of social work in a 18.23private agency; 18.24    (6) one member new text begin two members new text end must be engaged in the practice of social work in a 18.25clinical social work setting; and 18.26    (7) one member must be an educator engaged in regular teaching duties at a 18.27program of social work accredited by the Council on Social Work Education or a similar 18.28accreditation body designated by the board. 18.29    (d) At the time of their appointments, at least six members must reside outside 18.30of the seven new text begin 11 new text end -county metropolitan area. 18.31    (e) At the time of their appointments, at least five members must be persons with 18.32expertise in communities of color. 18.33    Sec. 7. Minnesota Statutes 2008, section 148E.025, subdivision 3, is amended to read: 19.1    Subd. 3. Officers. The board must annually new text begin biennially new text end elect from its membership a 19.2chair, vice-chair, and secretary-treasurer. 19.3    Sec. 8. Minnesota Statutes 2008, section 148E.055, subdivision 5, is amended to read: 19.4    Subd. 5. Licensure by examination; licensed independent clinical social worker. 19.5    (a) To be licensed as a licensed independent clinical social worker, an applicant for 19.6licensure by examination must provide evidence satisfactory to the board that the applicant: 19.7    (1) has received a graduate degree in social work from a program accredited by 19.8the Council on Social Work Education, the Canadian Association of Schools of Social 19.9Work, or a similar accreditation body designated by the board, or a doctorate in social 19.10work from an accredited university; 19.11    (2) has completed 360 clock hours (one semester credit hour = 15 clock hours) in 19.12the following clinical knowledge areas: 19.13    (i) 108 clock hours (30 percent) in differential diagnosis and biopsychosocial 19.14assessment, including normative development and psychopathology across the life span; 19.15    (ii) 36 clock hours (ten percent) in assessment-based clinical treatment planning with 19.16measurable goals; 19.17    (iii) 108 clock hours (30 percent) in clinical intervention methods informed by 19.18research and current standards of practice; 19.19    (iv) 18 clock hours (five percent) in evaluation methodologies; 19.20    (v) 72 clock hours (20 percent) in social work values and ethics, including cultural 19.21context, diversity, and social policy; and 19.22    (vi) 18 clock hours (five percent) in culturally specific clinical assessment and 19.23intervention; 19.24    (3) has practiced clinical social work as defined in section 148E.010, including both 19.25diagnosis and treatment, and has met the supervised practice requirements specified in 19.26sections 148E.100 to 148E.125; 19.27    (4) has passed the clinical or equivalent examination administered by the Association 19.28of Social Work Boards or a similar examination body designated by the board. Unless an 19.29applicant applies for licensure by endorsement according to subdivision 7, an examination 19.30is not valid if it was taken and passed eight or more years prior to submitting a completed, 19.31signed application form provided by the board; 19.32    (5) has submitted a completed, signed application form provided by the board, 19.33including the applicable application fee specified in section 148E.180. For applications 19.34submitted electronically, a "signed application" means providing an attestation as specified 19.35by the board; 20.1    (6) has submitted the criminal background check fee and a form provided by the 20.2board authorizing a criminal background check according to subdivision 8; 20.3    (7) has paid the license fee specified in section 148E.180; and 20.4    (8) has not engaged in conduct that was or would be in violation of the standards 20.5of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 20.6conduct that was or would be in violation of the standards of practice, the board may take 20.7action according to sections 148E.255 to 148E.270. 20.8    (b) The requirement in paragraph (a), clause (2), may be satisfied through: (1) 20.9a graduate degree program accredited by the Council on Social Work Education, the 20.10Canadian Association of Schools of Social Work, or a similar accreditation body 20.11designated by the board; or a doctorate in social work from an accredited university; (2) 20.12postgraduate new text begin graduate new text end coursework new text begin from an accredited institution of higher learning new text end ; or 20.13(3) up to 90 continuing education hours new text begin , not to exceed 20 hours of independent study new text end 20.14 new text begin as specified in section 148E.130, subdivision 5 new text end . The continuing education must have a 20.15course description available for public review and must include a posttest. Compliance 20.16with this requirement must be documented on a form provided by the board. The board 20.17may conduct audits of the information submitted in order to determine compliance with 20.18the requirements of this section. 20.19    (c) An application which is not completed and signed, or which is not accompanied 20.20by the correct fee, must be returned to the applicant, along with any fee submitted, and is 20.21void. 20.22    (d) By submitting an application for licensure, an applicant authorizes the board to 20.23investigate any information provided or requested in the application. The board may 20.24request that the applicant provide additional information, verification, or documentation. 20.25    (e) Within one year of the time the board receives an application for licensure, the 20.26applicant must meet all the requirements specified in paragraph (a) and must provide all of 20.27the information requested by the board according to paragraph (d). If within one year the 20.28applicant does not meet all the requirements, or does not provide all of the information 20.29requested, the applicant is considered ineligible and the application for licensure must 20.30be closed. 20.31    (f) Except as provided in paragraph (g), an applicant may not take more than three 20.32times the clinical or equivalent examination administered by the Association of Social 20.33Work Boards or a similar examination body designated by the board. An applicant must 20.34receive a passing score on the clinical or equivalent examination administered by the 20.35Association of Social Work Boards or a similar examination body designated by the board 20.36no later than 18 months after the first time the applicant failed the examination. 21.1    (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a 21.2fourth or subsequent time, the clinical or equivalent examination administered by the 21.3Association of Social Work Boards or a similar examination body designated by the 21.4board if the applicant: 21.5    (1) meets all requirements specified in paragraphs (a) to (e) other than passing the 21.6clinical or equivalent examination administered by the Association of Social Work Boards 21.7or a similar examination body designated by the board; 21.8    (2) provides to the board a description of the efforts the applicant has made to 21.9improve the applicant's score and demonstrates to the board's satisfaction that the efforts 21.10are likely to improve the score; and 21.11    (3) provides to the board letters of recommendation from two licensed social 21.12workers attesting to the applicant's ability to practice social work competently and 21.13ethically according to professional social work knowledge, skills, and values. 21.14    (h) An individual must not practice social work until the individual passes the 21.15examination and receives a social work license under this section or section 148E.060. If 21.16the board has reason to believe that an applicant may be practicing social work without a 21.17license, and the applicant has failed the clinical or equivalent examination administered 21.18by the Association of Social Work Boards or a similar examination body designated by 21.19the board, the board may notify the applicant's employer that the applicant is not licensed 21.20as a social worker. 21.21    Sec. 9. Minnesota Statutes 2008, section 148E.100, is amended by adding a subdivision 21.22to read: 21.23     new text begin Subd. 2a. new text end new text begin Supervised practice obtained prior to August 1, 2011. new text end new text begin (a) new text end 21.24 new text begin Notwithstanding the requirements in subdivisions 1 and 2, the board shall approve hours new text end 21.25 new text begin of supervised practice completed prior to August 1, 2011, which comply with sections new text end 21.26 new text begin 148D.100 to 148D.125. These hours must apply to supervised practice requirements in new text end 21.27 new text begin effect as specified in this section. new text end 21.28 new text begin (b) Any additional hours of supervised practice obtained effective August 1, 2011, new text end 21.29 new text begin must comply with the increased requirements specified in this section. new text end 21.30    Sec. 10. Minnesota Statutes 2008, section 148E.100, subdivision 3, is amended to read: 21.31    Subd. 3. Types of supervision. Of the 100 hours of supervision required under 21.32subdivision 1: 22.1    (1) 50 hours must be provided through one-on-one supervision, including: (i) 22.2a minimum of 25 hours of in-person supervision, and (ii) no more than 25 hours of 22.3supervision via eye-to-eye electronic media new text begin , while maintaining visual contact new text end ; and 22.4    (2) 50 hours must be provided through: (i) one-on-one supervision, or (ii) group 22.5supervision. The supervision may be in person, by telephone, or via eye-to-eye electronic 22.6media new text begin , while maintaining visual contact new text end . The supervision must not be provided by e-mail. 22.7Group supervision is limited to six members not counting the supervisor or supervisors new text begin new text end 22.8 new text begin supervisees new text end . 22.9    Sec. 11. Minnesota Statutes 2008, section 148E.100, subdivision 4, is amended to read: 22.10    Subd. 4. Supervisor requirements. The supervision required by subdivision 1 must 22.11be provided by a supervisor who new text begin meets the requirements specified in section 148E.120. new text end 22.12 new text begin The supervision must be provided by a new text end : 22.13    (1) is a licensed social worker who has completed the supervised practice 22.14requirements; 22.15    (2) is a licensed graduate social worker, licensed independent social worker, or 22.16licensed independent clinical social worker; or 22.17    (3) new text begin supervisor who new text end meets the requirements specified in section 148E.120, 22.18subdivision 2 . 22.19    Sec. 12. Minnesota Statutes 2008, section 148E.100, subdivision 5, is amended to read: 22.20    Subd. 5. Supervisee requirements. The supervisee must: 22.21    (1) to the satisfaction of the supervisor, practice competently and ethically according 22.22to professional social work knowledge, skills, and values; 22.23    (2) receive supervision in the following content areas: 22.24    (i) development of professional values and responsibilities; 22.25    (ii) practice skills; 22.26    (iii) authorized scope of practice; 22.27    (iv) ensuring continuing competence; and 22.28    (v) ethical standards of practice; 22.29    (3) submit a supervision plan according to section 148E.125, subdivision 1; and 22.30    (4) if the board audits the supervisee's supervised practice, submit verification of 22.31supervised practice according to section 148E.125, subdivision 3 new text begin , when a licensed social new text end 22.32 new text begin worker applies for the renewal of a license new text end . 22.33    Sec. 13. Minnesota Statutes 2008, section 148E.100, subdivision 6, is amended to read: 23.1    Subd. 6. After completion of supervision requirements. A licensed social worker 23.2who fulfills the supervision requirements specified in subdivisions 1 to 5 new text begin this section new text end is not 23.3required to be supervised after completion of the supervision requirements. 23.4    Sec. 14. Minnesota Statutes 2008, section 148E.100, subdivision 7, is amended to read: 23.5    Subd. 7. Attestation new text begin Verification of supervised practice new text end . The social worker and 23.6the social worker's supervisor must attest new text begin submit verification new text end that the supervisee has met 23.7or has made progress on meeting the applicable supervision requirements according to 23.8section 148E.125, subdivision 2 new text begin 3 new text end . 23.9    Sec. 15. Minnesota Statutes 2008, section 148E.105, subdivision 1, is amended to read: 23.10    Subdivision 1. Supervision required after licensure. After receiving a license 23.11from the board as a licensed graduate social worker, a licensed graduate social worker 23.12 new text begin not engaged in clinical practice new text end must obtain at least 100 hours of supervision according to 23.13the requirements of this section. 23.14    Sec. 16. Minnesota Statutes 2008, section 148E.105, is amended by adding a 23.15subdivision to read: 23.16     new text begin Subd. 2a. new text end new text begin Supervised practice obtained prior to August 1, 2011. new text end new text begin (a) new text end 23.17 new text begin Notwithstanding the requirements in subdivisions 1 and 2, the board shall approve hours new text end 23.18 new text begin of supervised practice completed prior to August 1, 2011, which comply with sections new text end 23.19 new text begin 148D.100 to 148D.125. These hours shall apply to supervised practice requirements in new text end 23.20 new text begin effect as specified in this section. new text end 23.21 new text begin (b) Any additional hours of supervised practice obtained effective August 1, 2011, new text end 23.22 new text begin must comply with the increased requirements specified in this section. new text end 23.23    Sec. 17. Minnesota Statutes 2008, section 148E.105, subdivision 3, is amended to read: 23.24    Subd. 3. Types of supervision. Of the 100 hours of supervision required under 23.25subdivision 1: 23.26    (1) 50 hours must be provided though one-on-one supervision, including: (i) 23.27a minimum of 25 hours of in-person supervision, and (ii) no more than 25 hours of 23.28supervision via eye-to-eye electronic media new text begin , while maintaining visual contact new text end ; and 23.29    (2) 50 hours must be provided through: (i) one-on-one supervision, or (ii) group 23.30supervision. The supervision may be in person, by telephone, or via eye-to-eye electronic 23.31media new text begin , while maintaining visual contact new text end . The supervision must not be provided by e-mail. 23.32Group supervision is limited to six supervisees. 24.1    Sec. 18. Minnesota Statutes 2008, section 148E.105, subdivision 5, is amended to read: 24.2    Subd. 5. Supervisee requirements. The supervisee must: 24.3    (1) to the satisfaction of the supervisor, practice competently and ethically according 24.4to professional social work knowledge, skills, and values; 24.5    (2) receive supervision in the following content areas: 24.6    (i) development of professional values and responsibilities; 24.7    (ii) practice skills; 24.8    (iii) authorized scope of practice; 24.9    (iv) ensuring continuing competence; and 24.10    (v) ethical standards of practice; 24.11    (3) submit a supervision plan according to section 148E.125, subdivision 1; and 24.12    (4) verify supervised practice according to section 148E.125, subdivision 3, if new text begin when new text end : 24.13    (i) the board audits the supervisee's supervised practice new text begin a licensed graduate social new text end 24.14 new text begin worker applies for the renewal of a license new text end ; or 24.15    (ii) a licensed graduate social worker applies for a licensed independent social 24.16worker license. 24.17    Sec. 19. Minnesota Statutes 2008, section 148E.105, subdivision 7, is amended to read: 24.18    Subd. 7. Attestation new text begin Verification of supervised practice new text end . A social worker and the 24.19social worker's supervisor must attest new text begin submit verification new text end that the supervisee has met 24.20or has made progress on meeting the applicable supervision requirements according to 24.21section 148E.125, subdivision 2 new text begin 3 new text end . 24.22    Sec. 20. Minnesota Statutes 2008, section 148E.106, subdivision 1, is amended to read: 24.23    Subdivision 1. Supervision required after licensure. After receiving a license 24.24from the board as a licensed graduate social worker, a licensed graduate social worker 24.25 new text begin engaged in clinical practice new text end must obtain at least 200 hours of supervision according to 24.26the requirements of this section. new text begin : new text end 24.27 new text begin (1) a minimum of four hours and a maximum of eight hours of supervision must be new text end 24.28 new text begin obtained during every 160 hours of practice until the licensed graduate social worker is new text end 24.29 new text begin issued a licensed independent clinical social worker license; new text end 24.30 new text begin (2) a minimum of 200 hours of supervision must be completed, in addition to all new text end 24.31 new text begin other requirements according to sections 148E.115 to 148E.125, to be eligible to apply for new text end 24.32 new text begin the licensed independent clinical social worker license; and new text end 25.1 new text begin (3) the supervisee and supervisor are required to adjust the rate of supervision new text end 25.2 new text begin obtained, based on the ratio of four hours of supervision during every 160 hours of new text end 25.3 new text begin practice, to ensure compliance with the requirements in subdivision 2. new text end 25.4    Sec. 21. Minnesota Statutes 2008, section 148E.106, subdivision 2, is amended to read: 25.5    Subd. 2. Practice requirements. The supervision required by subdivision 1 must 25.6be obtained during the first 4,000 hours of postgraduate social work practice authorized by 25.7law. At least new text begin : new text end 25.8 new text begin (1) in no less than 4,000 hours and no more than 8,000 hours of postgraduate, new text end 25.9 new text begin clinical social work practice authorized by law, including at least 1,800 hours of direct new text end 25.10 new text begin clinical client contact; and new text end 25.11 new text begin (2) a minimum of four hours and a maximum of new text end eight hours of supervision must be 25.12obtained during every 160 hours of practice. 25.13    Sec. 22. Minnesota Statutes 2008, section 148E.106, is amended by adding a 25.14subdivision to read: 25.15     new text begin Subd. 2a. new text end new text begin Supervised practice obtained prior to August 1, 2011. new text end new text begin (a) new text end 25.16 new text begin Notwithstanding the requirements in subdivisions 1 and 2, the board shall approve hours new text end 25.17 new text begin of supervised practice completed prior to August 1, 2011, which comply with sections new text end 25.18 new text begin 148D.100 to 148D.125. These hours shall apply to supervised practice requirements in new text end 25.19 new text begin effect as specified in this section. new text end 25.20 new text begin (b) Any additional hours of supervised practice obtained effective August 1, 2011, new text end 25.21 new text begin must comply with the increased requirements specified in this section. new text end 25.22 new text begin (c) Notwithstanding the requirements in subdivision 2, clause (1), direct clinical new text end 25.23 new text begin client contact hours are (i) not required prior to August 1, 2011, and (ii) not required of new text end 25.24 new text begin a licensed graduate social worker engaged in clinical practice with a licensed graduate new text end 25.25 new text begin social worker license issue date prior to August 1, 2011. new text end 25.26    Sec. 23. Minnesota Statutes 2008, section 148E.106, subdivision 3, is amended to read: 25.27    Subd. 3. Types of supervision. Of the 200 hours of supervision required under 25.28subdivision 1: 25.29    (1) 100 hours must be provided through one-on-one supervision, including: (i) 25.30a minimum of 50 hours of in-person supervision, and (ii) no more than 50 hours of 25.31supervision via eye-to-eye electronic media new text begin , while maintaining visual contact new text end ; and 25.32    (2) 100 hours must be provided through: (i) one-on-one supervision, or (ii) group 25.33supervision. The supervision may be in person, by telephone, or via eye-to-eye electronic 26.1media new text begin , while maintaining visual contact new text end . The supervision must not be provided by e-mail. 26.2Group supervision is limited to six supervisees. 26.3    Sec. 24. Minnesota Statutes 2008, section 148E.106, subdivision 4, is amended to read: 26.4    Subd. 4. Supervisor requirements. The supervision required by subdivision 1 must 26.5be provided by a supervisor who meets the requirements specified in section 148E.120. 26.6The supervision must be provided new text begin by a new text end : 26.7    (1) by a licensed independent clinical social worker; or 26.8    (2) by a supervisor who meets the requirements specified in section 148E.120, 26.9subdivision 2. 26.10    Sec. 25. Minnesota Statutes 2008, section 148E.106, subdivision 5, is amended to read: 26.11    Subd. 5. Supervisee requirements. The supervisee must: 26.12    (1) to the satisfaction of the supervisor, practice competently and ethically according 26.13to professional social work knowledge, skills, and values; 26.14    (2) receive supervision in the following content areas: 26.15    (i) development of professional values and responsibilities; 26.16    (ii) practice skills; 26.17    (iii) authorized scope of practice; 26.18    (iv) ensuring continuing competence; and 26.19    (v) ethical standards of practice; 26.20    (3) submit a supervision plan according to section 148E.125, subdivision 1; and 26.21    (4) verify supervised practice according to section 148E.125, subdivision 3, if new text begin when new text end : 26.22    (i) the board audits the supervisee's supervised practice new text begin a licensed graduate social new text end 26.23 new text begin worker applies for the renewal of a license new text end ; or 26.24    (ii) a licensed graduate social worker applies for a licensed independent clinical 26.25social worker license. 26.26    Sec. 26. Minnesota Statutes 2008, section 148E.106, subdivision 8, is amended to read: 26.27    Subd. 8. Eligibility to apply for licensure as a licensed independent new text begin clinical new text end 26.28social worker. Upon completion of new text begin not less than new text end 4,000 hours new text begin and not more than 8,000 new text end 26.29 new text begin hours new text end of clinical social work practice, including at least 1,800 hours of direct clinical 26.30client contact and 200 hours of supervision according to the requirements of this section, 26.31a licensed graduate social worker is eligible to apply for a licensed independent clinical 26.32social worker license under section 148E.115, subdivision 1. 27.1    Sec. 27. Minnesota Statutes 2008, section 148E.106, subdivision 9, is amended to read: 27.2    Subd. 9. Attestation new text begin Verification of supervised practice new text end . A social worker and the 27.3social worker's supervisor must attest new text begin submit verification new text end that the supervisee has met 27.4or has made progress on meeting the applicable supervision requirements according to 27.5section 148E.125, subdivision 2 new text begin 3 new text end . 27.6    Sec. 28. Minnesota Statutes 2008, section 148E.110, subdivision 1, is amended to read: 27.7    Subdivision 1. Supervision required before licensure. Before becoming licensed 27.8as a licensed independent social worker, a person must have obtained at least 100 hours 27.9of supervision during 4,000 hours of postgraduate social work practice required by law 27.10according to the requirements of section 148E.105, subdivisions 3, 4, and 5. At least four 27.11hours of supervision must be obtained during every 160 hours of practice. 27.12    Sec. 29. Minnesota Statutes 2008, section 148E.110, is amended by adding a 27.13subdivision to read: 27.14     new text begin Subd. 1a. new text end new text begin Supervised practice obtained prior to August 1, 2011. new text end new text begin (a) new text end 27.15 new text begin Notwithstanding subdivision 1, the board shall approve supervised practice hours new text end 27.16 new text begin completed prior to August 1, 2011, which comply with sections 148D.100 to 148D.125. new text end 27.17 new text begin These hours must apply to supervised practice requirements in effect as specified in this new text end 27.18 new text begin section. new text end 27.19 new text begin (b) Any additional hours of supervised practice obtained on or after August 1, 2011, new text end 27.20 new text begin must comply with the increased requirements in this section. new text end 27.21    Sec. 30. Minnesota Statutes 2008, section 148E.110, subdivision 2, is amended to read: 27.22    Subd. 2. Licensed independent social workers; clinical social work after 27.23licensure. After licensure, a licensed independent social worker must not engage in 27.24clinical social work practice except under supervision by a licensed independent clinical 27.25social worker new text begin who meets the requirements in section 148E.120, subdivision 1, new text end or an 27.26alternate supervisor designated according to section 148E.120, subdivision 2. 27.27    Sec. 31. Minnesota Statutes 2008, section 148E.110, is amended by adding a 27.28subdivision to read: 27.29     new text begin Subd. 5. new text end new text begin Supervision; licensed independent social worker engaged in clinical new text end 27.30 new text begin social work practice. new text end new text begin (a) After receiving a license from the board as a licensed new text end 27.31 new text begin independent social worker, a licensed independent social worker engaged in clinical social new text end 28.1 new text begin work practice must obtain at least 200 hours of supervision according to the requirements new text end 28.2 new text begin of this section. new text end 28.3 new text begin (b) A minimum of four hours and a maximum of eight hours of supervision must be new text end 28.4 new text begin obtained during every 160 hours of practice until the licensed independent social worker is new text end 28.5 new text begin issued a licensed independent clinical social worker license. new text end 28.6 new text begin (c) A minimum of 200 hours of supervision must be completed, in addition to all new text end 28.7 new text begin other requirements according to sections 148E.115 to 148E.125, to be eligible to apply new text end 28.8 new text begin for the licensed independent clinical social worker license. new text end 28.9 new text begin (d) The supervisee and supervisor are required to adjust the rate of supervision new text end 28.10 new text begin obtained based on the ratio of four hours of supervision during every 160 hours of practice new text end 28.11 new text begin to ensure compliance with the requirements in subdivision 1a. new text end 28.12    Sec. 32. Minnesota Statutes 2008, section 148E.110, is amended by adding a 28.13subdivision to read: 28.14     new text begin Subd. 6. new text end new text begin Practice requirements after licensure as licensed independent social new text end 28.15 new text begin worker; clinical social work practice. new text end new text begin (a) The supervision required by subdivision 5 new text end 28.16 new text begin must be obtained: new text end 28.17 new text begin (1) in no less than 4,000 hours and no more than 8,000 hours of postgraduate clinical new text end 28.18 new text begin social work practice authorized by law, including at least 1,800 hours of direct clinical new text end 28.19 new text begin client contact; and new text end 28.20 new text begin (2) a minimum of four hours and a maximum of eight hours of supervision must be new text end 28.21 new text begin obtained during every 160 hours of practice. new text end 28.22 new text begin (b) Notwithstanding paragraph (a), clause (1), direct clinical client contact hours are new text end 28.23 new text begin (i) not required prior to August 1, 2011, and (ii) not required of a licensed independent new text end 28.24 new text begin social worker engaged in clinical practice with a licensed independent social worker new text end 28.25 new text begin license issue date prior to August 1, 2011. new text end 28.26    Sec. 33. Minnesota Statutes 2008, section 148E.110, is amended by adding a 28.27subdivision to read: 28.28     new text begin Subd. 7. new text end new text begin Supervision; clinical social work practice after licensure as licensed new text end 28.29 new text begin independent social worker. new text end new text begin Of the 200 hours of supervision required under subdivision 5: new text end 28.30 new text begin (1) 100 hours must be provided through one-on-one supervision, including: new text end 28.31 new text begin (i) a minimum of 50 hours of in-person supervision; and new text end 28.32 new text begin (ii) no more than 50 hours of supervision via eye-to-eye electronic media, while new text end 28.33 new text begin maintaining visual contact; and new text end 28.34 new text begin (2) 100 hours must be provided through: new text end 29.1 new text begin (i) one-on-one supervision; or new text end 29.2 new text begin (ii) group supervision. new text end 29.3 new text begin The supervision may be in person, by telephone, or via eye-to-eye electronic media, while new text end 29.4 new text begin maintaining visual contact. The supervision must not be provided by e-mail. Group new text end 29.5 new text begin supervision is limited to six supervisees. new text end 29.6    Sec. 34. Minnesota Statutes 2008, section 148E.110, is amended by adding a 29.7subdivision to read: 29.8     new text begin Subd. 8. new text end new text begin Supervision; clinical social work practice after licensure. new text end new text begin The new text end 29.9 new text begin supervision required by subdivision 5 must be provided by a supervisor who meets the new text end 29.10 new text begin requirements specified in section 148E.120. The supervision must be provided by a: new text end 29.11 new text begin (1) licensed independent clinical social worker; or new text end 29.12 new text begin (2) supervisor who meets the requirements specified in section 148E.120, new text end 29.13 new text begin subdivision 2. new text end 29.14    Sec. 35. Minnesota Statutes 2008, section 148E.110, is amended by adding a 29.15subdivision to read: 29.16     new text begin Subd. 9. new text end new text begin Supervisee requirements; clinical social work practice after licensure. new text end 29.17 new text begin The supervisee must: new text end 29.18 new text begin (1) to the satisfaction of the supervisor, practice competently and ethically according new text end 29.19 new text begin to professional social work knowledge, skills, and values; new text end 29.20 new text begin (2) receive supervision in the following content areas: new text end 29.21 new text begin (i) development of professional values and responsibilities; new text end 29.22 new text begin (ii) practice skills; new text end 29.23 new text begin (iii) authorized scope of practice; new text end 29.24 new text begin (iv) ensuring continuing competence; and new text end 29.25 new text begin (v) ethical standards of practice; new text end 29.26 new text begin (3) submit a supervision plan according to section 148E.125, subdivision 1; and new text end 29.27 new text begin (4) verify supervised practice according to section 148E.125, subdivision 3, when: new text end 29.28 new text begin (i) a licensed independent social worker applies for the renewal of a license; or new text end 29.29 new text begin (ii) a licensed independent social worker applies for a licensed independent clinical new text end 29.30 new text begin social worker license. new text end 29.31    Sec. 36. Minnesota Statutes 2008, section 148E.110, is amended by adding a 29.32subdivision to read: 30.1     new text begin Subd. 10. new text end new text begin Limit on practice of clinical social work. new text end new text begin (a) Except as provided in new text end 30.2 new text begin paragraph (b), a licensed independent social worker must not engage in clinical social new text end 30.3 new text begin work practice under supervision for more than 8,000 hours. In order to practice clinical new text end 30.4 new text begin social work for more than 8,000 hours, a licensed independent social worker must obtain a new text end 30.5 new text begin licensed independent clinical social worker license. new text end 30.6 new text begin (b) Notwithstanding the requirements of paragraph (a), the board may grant a new text end 30.7 new text begin licensed independent social worker permission to engage in clinical social work practice new text end 30.8 new text begin for more than 8,000 hours if the licensed independent social worker petitions the board new text end 30.9 new text begin and demonstrates to the board's satisfaction that for reasons of personal hardship the new text end 30.10 new text begin licensed independent social worker should be granted an extension to continue practicing new text end 30.11 new text begin clinical social work under supervision for up to an additional 2,000 hours. new text end 30.12    Sec. 37. Minnesota Statutes 2008, section 148E.110, is amended by adding a 30.13subdivision to read: 30.14     new text begin Subd. 11. new text end new text begin Eligibility for licensure; licensed independent clinical social worker. new text end 30.15 new text begin Upon completion of not less than 4,000 hours and not more than 8,000 hours of clinical new text end 30.16 new text begin social work practice, including at least 1,800 hours of direct clinical client contact and 200 new text end 30.17 new text begin hours of supervision according to the requirements of this section, a licensed independent new text end 30.18 new text begin social worker is eligible to apply for a licensed independent clinical social worker license new text end 30.19 new text begin under section 148E.115, subdivision 1. new text end 30.20    Sec. 38. Minnesota Statutes 2008, section 148E.110, is amended by adding a 30.21subdivision to read: 30.22     new text begin Subd. 12. new text end new text begin Verification of supervised practice. new text end new text begin A social worker and the social new text end 30.23 new text begin worker's supervisor must submit verification that the supervisee has met or has made new text end 30.24 new text begin progress on meeting the applicable supervision requirements according to section new text end 30.25 new text begin 148E.125, subdivision 3. new text end 30.26    Sec. 39. Minnesota Statutes 2008, section 148E.115, subdivision 1, is amended to read: 30.27    Subdivision 1. Supervision required before licensure new text begin ; licensed independent new text end 30.28 new text begin clinical social worker new text end . Before becoming licensed as a licensed independent clinical social 30.29worker, a person must have obtained at least 200 hours of supervision during new text begin at the rate new text end 30.30 new text begin of a minimum of four and a maximum of eight hours of supervision for every 160 hours new text end 30.31 new text begin of practice, in not less than new text end 4,000 hours new text begin and not more than 8,000 hours new text end of postgraduate 30.32clinical practice required by law new text begin , including at least 1,800 hours of direct clinical client new text end 30.33 new text begin contact, new text end according to the requirements of section 148E.106. 31.1    Sec. 40. Minnesota Statutes 2008, section 148E.115, is amended by adding a 31.2subdivision to read: 31.3     new text begin Subd. 1a. new text end new text begin Supervised practice obtained prior to August 1, 2011. new text end new text begin (a) new text end 31.4 new text begin Notwithstanding subdivisions 1 and 2, applicants and licensees who have completed hours new text end 31.5 new text begin of supervised practice prior to August 1, 2011, which comply with sections 148D.100 to new text end 31.6 new text begin 148D.125, may have that supervised practice applied to the licensing requirement. new text end 31.7 new text begin (b) Any additional hours of supervised practice obtained on or after August 1, 2011, new text end 31.8 new text begin must comply with the increased requirements in this section. new text end 31.9 new text begin (c) Notwithstanding subdivision 1, in order to qualify for the licensed independent new text end 31.10 new text begin clinical social work license, direct clinical client contact hours are: new text end 31.11 new text begin (1) not required prior to August 1, 2011; and new text end 31.12 new text begin (2) not required of either a licensed graduate social worker or a licensed independent new text end 31.13 new text begin social worker engaged in clinical practice with a license issued prior to August 1, 2011. new text end 31.14    Sec. 41. Minnesota Statutes 2008, section 148E.120, is amended to read: 31.15148E.120 REQUIREMENTS OF SUPERVISORS. 31.16    Subdivision 1. Supervisors licensed as social workers. (a) Except as provided 31.17in paragraph (b) new text begin (d) new text end , to be eligible to provide supervision under this section, a social 31.18worker must: 31.19    (1) have at least 2,000 hours of experience in authorized social work practice. If 31.20the person is providing clinical supervision, the 2,000 hours must include 1,000 hours of 31.21experience in clinical practice; 31.22    (2) have completed 30 hours of training in supervision through coursework from 31.23an accredited college or university, or through continuing education in compliance with 31.24sections 148E.130 to 148E.170; 31.25    (3) new text begin (2) new text end be competent in the activities being supervised; and 31.26    (4) new text begin (3) new text end attest, on a form provided by the board, that the social worker has met the 31.27applicable requirements specified in this section and sections 148E.100 to 148E.115. The 31.28board may audit the information provided to determine compliance with the requirements 31.29of this section. 31.30 new text begin (b) A licensed independent clinical social worker providing clinical licensing new text end 31.31 new text begin supervision to a licensed graduate social worker or a licensed independent social worker new text end 31.32 new text begin must have at least 2,000 hours of experience in authorized social work practice, including new text end 31.33 new text begin 1,000 hours of experience in clinical practice after obtaining a licensed independent new text end 31.34 new text begin clinical social worker license. new text end 32.1 new text begin (c) A licensed social worker, licensed graduate social worker, licensed independent new text end 32.2 new text begin social worker, or licensed independent clinical social worker providing nonclinical new text end 32.3 new text begin licensing supervision must have completed the supervised practice requirements specified new text end 32.4 new text begin in section 148E.100, 148E.105, 148E.106, 148E.110, or 148E.115, as applicable. new text end 32.5    (b) new text begin (d) new text end If the board determines that supervision is not obtainable from an individual 32.6meeting the requirements specified in paragraph (a), the board may approve an alternate 32.7supervisor according to subdivision 2. 32.8    Subd. 2. Alternate supervisors. (a) The board may approve an alternate supervisor 32.9if: 32.10    (1) the board determines that supervision is not obtainable according to paragraph 32.11(b); 32.12    (2) the licensee requests in the supervision plan submitted according to section 32.13148E.125, subdivision 1 , that an alternate supervisor conduct the supervision; 32.14    (3) the licensee describes the proposed supervision and the name and qualifications 32.15of the proposed alternate supervisor; and 32.16    (4) the requirements of paragraph (d) are met. 32.17    (b) The board may determine that supervision is not obtainable if: 32.18    (1) the licensee provides documentation as an attachment to the supervision plan 32.19submitted according to section 148E.125, subdivision 1, that the licensee has conducted a 32.20thorough search for a supervisor meeting the applicable licensure requirements specified 32.21in sections 148E.100 to 148E.115; 32.22    (2) the licensee demonstrates to the board's satisfaction that the search was 32.23unsuccessful; and 32.24    (3) the licensee describes the extent of the search and the names and locations of 32.25the persons and organizations contacted. 32.26    (c) The requirements specified in paragraph (b) do not apply to obtaining new text begin licensing new text end 32.27supervision for clinical new text begin social work new text end practice if the board determines that there are five or 32.28fewer licensed independent clinical social workers new text begin supervisors meeting the applicable new text end 32.29 new text begin licensure requirements in sections 148E.100 to 148E.115 new text end in the county where the licensee 32.30practices social work. 32.31    (d) An alternate supervisor must: 32.32    (1) be an unlicensed social worker who is employed in, and provides the supervision 32.33in, a setting exempt from licensure by section 148E.065, and who has qualifications 32.34equivalent to the applicable requirements specified in sections 148E.100 to 148E.115; 33.1    (2) be a social worker engaged in authorized practice in Iowa, Manitoba, North 33.2Dakota, Ontario, South Dakota, or Wisconsin, and has the qualifications equivalent to the 33.3applicable requirements specified in sections 148E.100 to 148E.115; or 33.4    (3) be a licensed marriage and family therapist or a mental health professional 33.5as established by section 245.462, subdivision 18, or 245.4871, subdivision 27, or an 33.6equivalent mental health professional, as determined by the board, who is licensed or 33.7credentialed by a state, territorial, provincial, or foreign licensing agency. 33.8     new text begin (e) new text end In order to qualify to provide clinical supervision of a licensed graduate social 33.9worker or licensed independent social worker engaged in clinical practice, the alternate 33.10supervisor must be a mental health professional as established by section 245.462, 33.11subdivision 18 , or 245.4871, subdivision 27, or an equivalent mental health professional, 33.12as determined by the board, who is licensed or credentialed by a state, territorial, 33.13provincial, or foreign licensing agency. 33.14    Sec. 42. Minnesota Statutes 2008, section 148E.125, subdivision 1, is amended to read: 33.15    Subdivision 1. Supervision plan. (a) A social worker must submit, on a form 33.16provided by the board, a supervision plan for meeting the supervision requirements 33.17specified in sections 148E.100 to 148E.120. 33.18    (b) The supervision plan must be submitted no later than 90 new text begin 60 new text end days after the 33.19licensee begins a social work practice position after becoming licensed. 33.20    (c) For failure to submit the supervision plan within 90 new text begin 60 new text end days after beginning a 33.21social work practice position, a licensee must pay the supervision plan late fee specified in 33.22section 148E.180 when the licensee applies for license renewal. 33.23    (d) A license renewal application submitted according to paragraph (a) must not be 33.24approved unless the board has received a supervision plan. 33.25    (e) The supervision plan must include the following: 33.26    (1) the name of the supervisee, the name of the agency in which the supervisee is 33.27being supervised, and the supervisee's position title; 33.28    (2) the name and qualifications of the person providing the supervision; 33.29    (3) the number of hours of one-on-one in-person supervision and the number and 33.30type of additional hours of supervision to be completed by the supervisee; 33.31    (4) the supervisee's position description; 33.32    (5) a brief description of the supervision the supervisee will receive in the following 33.33content areas: 33.34    (i) clinical practice, if applicable; 33.35    (ii) development of professional social work knowledge, skills, and values; 34.1    (iii) practice methods; 34.2    (iv) authorized scope of practice; 34.3    (v) ensuring continuing competence; and 34.4    (vi) ethical standards of practice; and 34.5    (6) if applicable, a detailed description of the supervisee's clinical social work 34.6practice, addressing: 34.7    (i) the client population, the range of presenting issues, and the diagnoses; 34.8    (ii) the clinical modalities that were utilized; and 34.9    (iii) the process utilized for determining clinical diagnoses, including the diagnostic 34.10instruments used and the role of the supervisee in the diagnostic process. 34.11    (f) The board must receive a revised supervision plan within 90 new text begin 60 new text end days of any 34.12of the following changes: 34.13    (1) the supervisee has a new supervisor; 34.14    (2) the supervisee begins a new social work position; 34.15    (3) the scope or content of the supervisee's social work practice changes substantially; 34.16    (4) the number of practice or supervision hours changes substantially; or 34.17    (5) the type of supervision changes as supervision is described in section 148E.100, 34.18subdivision 3 , or 148E.105, subdivision 3, or as required in section 148E.115. 34.19    (g) For failure to submit a revised supervision plan as required in paragraph (f), a 34.20supervisee must pay the supervision plan late fee specified in section 148E.180, when 34.21the supervisee applies for license renewal. 34.22    (h) The board must approve the supervisor and the supervision plan. 34.23    Sec. 43. Minnesota Statutes 2008, section 148E.125, subdivision 3, is amended to read: 34.24    Subd. 3. Verification of supervised practice. (a) In addition to receiving the 34.25attestation required under subdivision 2, The board must receive verification of supervised 34.26practice if new text begin when new text end : 34.27    (1) the board audits the supervision of a supervisee new text begin licensee submits the license new text end 34.28 new text begin renewal application form new text end ; or 34.29    (2) an applicant applies for a license as a licensed independent social worker or as a 34.30licensed independent clinical social worker. 34.31    (b) When verification of supervised practice is required according to paragraph (a), 34.32the board must receive from the supervisor the following information on a form provided 34.33by the board: 34.34    (1) the name of the supervisee, the name of the agency in which the supervisee is 34.35being supervised, and the supervisee's position title; 35.1    (2) the name and qualifications of the supervisor; 35.2    (3) the number of hours and dates of each type of supervision completed; 35.3    (4) the supervisee's position description; 35.4    (5) a declaration that the supervisee has not engaged in conduct in violation of the 35.5standards of practice specified in sections 148E.195 to 148E.240; 35.6    (6) a declaration that the supervisee has practiced ethically and competently 35.7according to professional social work knowledge, skills, and values; 35.8    (7) a list of the content areas in which the supervisee has received supervision, 35.9including the following: 35.10    (i) clinical practice, if applicable; 35.11    (ii) development of professional social work knowledge, skills, and values; 35.12    (iii) practice methods; 35.13    (iv) authorized scope of practice; 35.14    (v) ensuring continuing competence; and 35.15    (vi) ethical standards of practice; and 35.16    (8) if applicable, a detailed description of the supervisee's clinical social work 35.17practice, addressing: 35.18    (i) the client population, the range of presenting issues, and the diagnoses; 35.19    (ii) the clinical modalities that were utilized; and 35.20    (iii) the process utilized for determining clinical diagnoses, including the diagnostic 35.21instruments used and the role of the supervisee in the diagnostic process. 35.22    (c) The information provided on the verification form must demonstrate to the board's 35.23satisfaction that the supervisee has met the applicable supervised practice requirements. 35.24    Sec. 44. Minnesota Statutes 2008, section 148E.130, is amended by adding a 35.25subdivision to read: 35.26     new text begin Subd. 1a. new text end new text begin Increased clock hours required effective August 1, 2011. new text end new text begin (a) new text end 35.27 new text begin Notwithstanding the requirements in subdivision 8, the clock hours specified in new text end 35.28 new text begin subdivisions 1 and 4 to 6 apply to all new licenses issued effective August 1, 2011, under new text end 35.29 new text begin section 148E.055. new text end 35.30 new text begin (b) Any licensee issued a license prior to August 1, 2011, under section 148D.055 new text end 35.31 new text begin must comply with the increased clock hours in subdivisions 1 and 4 to 6, and must new text end 35.32 new text begin document the clock hours at the first two-year renewal term after August 1, 2011. new text end 35.33    Sec. 45. Minnesota Statutes 2008, section 148E.130, subdivision 2, is amended to read: 36.1    Subd. 2. Ethics requirement. At least two of the clock hours required under 36.2subdivision 1 must be in social work ethics. new text begin , including at least one of the following: new text end 36.3 new text begin (1) the history and evolution of values and ethics in social work; new text end 36.4 new text begin (2) ethics theories; new text end 36.5 new text begin (3) professional standards of social work practice, as specified in the ethical codes of new text end 36.6 new text begin the National Association of Social Workers, the Association of Canadian Social Workers, new text end 36.7 new text begin the Clinical Social Work Federation, and the Council on Social Work Education; new text end 36.8 new text begin (4) the legal requirements and other considerations for each jurisdiction that new text end 36.9 new text begin registers, certifies, or licenses social workers; or new text end 36.10 new text begin (5) the ethical decision-making process. new text end 36.11    Sec. 46. Minnesota Statutes 2008, section 148E.130, subdivision 5, is amended to read: 36.12    Subd. 5. Independent study. Independent study must not consist of more than ten new text begin new text end 36.13 new text begin 15 new text end clock hours of continuing education per renewal term. Independent study must be for 36.14publication, public presentation, or professional development. Independent study includes, 36.15but is not limited to, electronic study. For purposes of subdivision 6 new text begin 4 new text end , independent study 36.16includes consultation with an experienced supervisor regarding the practice of supervision new text begin new text end 36.17 new text begin or training regarding supervision with a licensed professional who has demonstrated new text end 36.18 new text begin supervisory skills new text end . 36.19    Sec. 47. Minnesota Statutes 2008, section 148E.165, subdivision 1, is amended to read: 36.20    Subdivision 1. Records retention; licensees. For one year following the expiration 36.21date of a license, the licensee must maintain documentation of clock hours earned during 36.22the previous renewal term. The documentation must include the following: 36.23    (1) for educational workshops or seminars offered by an organization or at a 36.24conference, a copy of the certificate of attendance issued by the presenter or sponsor 36.25giving the following information: 36.26    (i) the name of the sponsor or presenter of the program; 36.27    (ii) the title of the workshop or seminar; 36.28    (iii) the dates the licensee participated in the program; and 36.29    (iv) the number of clock hours completed; 36.30    (2) for academic coursework offered by an institution of higher learning, a copy of a 36.31transcript giving the following information: 36.32    (i) the name of the institution offering the course; 36.33    (ii) the title of the course; 36.34    (iii) the dates the licensee participated in the course; and 37.1    (iv) the number of credits completed; 37.2    (3) for staff training offered by public or private employers, a copy of the certificate 37.3of attendance issued by the employer giving the following information: 37.4    (i) the name of the employer; 37.5    (ii) the title of the staff training; 37.6    (iii) the dates the licensee participated in the program; and 37.7    (iv) the number of clock hours completed; and 37.8    (4) for independent study, including electronic study, new text begin or consultation or training new text end 37.9 new text begin regarding supervision, new text end a written summary of the study new text begin activity new text end conducted, including the 37.10following information: 37.11    (i) the topics studied new text begin covered new text end ; 37.12    (ii) a description of the applicability of the study new text begin activity new text end to the licensee's authorized 37.13scope of practice; 37.14    (iii) the titles and authors of books and articles consulted or the name of the 37.15organization offering the study new text begin activity, or the name and title of the licensed professional new text end 37.16 new text begin consulted regarding supervision new text end ; 37.17    (iv) the dates the licensee conducted the study new text begin activity new text end ; and 37.18    (v) the number of clock hours the licensee conducted the study new text begin activity new text end . 37.19    Sec. 48. new text begin REPEALER. new text end 37.20 new text begin Minnesota Statutes 2008, sections 148E.106, subdivision 6; and 148E.125, new text end 37.21 new text begin subdivision 2, new text end new text begin are repealed August 1, 2011. new text end 37.22    Sec. 49. new text begin EFFECTIVE DATE. new text end 37.23 new text begin Sections 1 to 47 are effective August 1, 2011. new text end