1.1 	A bill for an act
1.2 	relating to human services; making changes to human services licensing 
1.3 	provisions; changing data practices provisions; amending the Human Services 
1.4 	Background Studies Act; making changes to social worker licensing provisions; 
1.5 	establishing licensing provisions for alcohol and drug counselors;amending 
1.6 	Minnesota Statutes 2010, sections 13.46, subdivision 4; 148E.055, subdivision 
1.7 	1; 148E.060, subdivisions 1, 2, 3, 5, by adding a subdivision; 148E.065, 
1.8 	subdivisions 2, 4, 5; 148E.120; 148E.195, subdivision 2; 148E.280; 245A.02, 
1.9 	by adding subdivisions; 245A.04, subdivisions 1, 7, 11; 245A.05; 245A.07, 
1.10 	subdivision 3; 245A.08, subdivision 2a; 245A.10, subdivision 5; 245A.22, 
1.11 	subdivision 2; 245C.03, subdivision 1; 245C.04, subdivision 1; 245C.05, 
1.12 	subdivisions 4, 6, 7, by adding a subdivision; 245C.07; 245C.08, subdivisions 
1.13 	1, 2, 3; 245C.14, subdivision 2; 245C.15; 245C.16, subdivision 1; 245C.17, 
1.14 	subdivision 2; 245C.22, subdivision 5; 245C.24, subdivision 2; 245C.28, 
1.15 	subdivisions 1, 3; 245C.29, subdivision 2; 256.045, subdivision 3b; proposing 
1.16 	coding for new law in Minnesota Statutes, chapter 148E; proposing coding for 
1.17 	new law as Minnesota Statutes, chapter 148F; repealing Minnesota Statutes 
1.18 	2010, sections 148C.01, subdivisions 1, 1a, 2, 2a, 2b, 2c, 2d, 2e, 2f, 2g, 4, 4a, 5, 
1.19 	7, 9, 10, 11, 11a, 12, 12a, 13, 14, 15, 16, 17, 18; 148C.015; 148C.03, subdivisions 
1.20 	1, 4; 148C.0351, subdivisions 1, 3, 4; 148C.0355; 148C.04, subdivisions 1, 2, 
1.21 	3, 4, 5a, 6, 7; 148C.044; 148C.045; 148C.05; 148C.055; 148C.07; 148C.075; 
1.22 	148C.08; 148C.09, subdivisions 1, 1a, 2, 4; 148C.091; 148C.093; 148C.095; 
1.23 	148C.099; 148C.10, subdivisions 1, 2, 3; 148C.11; 148C.12, subdivisions 1, 2, 3, 
1.24 	5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15; 148E.065, subdivision 3; Minnesota Rules, 
1.25 	parts 4747.0010; 4747.0020; 4747.0030; 4747.0040; 4747.0050; 4747.0060; 
1.26 	4747.0070, subparts 1, 2, 3, 6; 4747.0200; 4747.0400, subpart 1; 4747.0700; 
1.27 	4747.0800; 4747.0900; 4747.1100, subparts 1, 2, 4, 5, 6, 7, 8, 9; 4747.1400; 
1.28 	4747.1500.
1.29 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.30 	ARTICLE 1
1.31 	DATA PRACTICES

1.32 	Section 1. Minnesota Statutes 2010, section 13.46, subdivision 4, is amended to read:
1.33 		Subd. 4.Licensing data. (a) As used in this subdivision:
2.1 	(1) "licensing data" means all data collected, maintained, used, or disseminated by 
2.2 	the welfare system pertaining to persons licensed or registered or who apply for licensure 
2.3 	or registration or who formerly were licensed or registered under the authority of the 
2.4 	commissioner of human services;
2.5 	(2) "client" means a person who is receiving services from a licensee or from an 
2.6 	applicant for licensure; and
2.7 	(3) "personal and personal financial data" means Social Security numbers, identity 
2.8 	of and letters of reference, insurance information, reports from the Bureau of Criminal 
2.9 	Apprehension, health examination reports, and social/home studies.
2.10 	(b)(1)(i) Except as provided in paragraph (c), the following data on applicants, 
2.11 	license holders, and former licensees are public: name, address, telephone number of 
2.12 	licensees, date of receipt of a completed application, dates of licensure, licensed capacity, 
2.13 	type of client preferred, variances granted, record of training and education in child care 
2.14 	and child development, type of dwelling, name and relationship of other family members, 
2.15 	previous license history, class of license, the existence and status of complaints, and the 
2.16 	number of serious injuries to or deaths of individuals in the licensed program as reported 
2.17 	to the commissioner of human services, the local social services agency, or any other 
2.18 	county welfare agency. For purposes of this clause, a serious injury is one that is treated 
2.19 	by a physician. 
2.20 	(ii) When a correction order, an order to forfeit a fine, an order of license suspension, 
2.21 	an order of temporary immediate suspension, an order of license revocation, an order 
2.22 	of license denial, or an order of conditional license has been issued, or a complaint is 
2.23 	resolved, the following data on current and former licensees and applicants are public: the 
2.24 	substance and investigative findings of the licensing or maltreatment complaint, licensing 
2.25 	violation, or substantiated maltreatment; the record of informal resolution of a licensing 
2.26 	violation; orders of hearing; findings of fact; conclusions of law; specifications of the final 
2.27 	correction order, fine, suspension, temporary immediate suspension, revocation, denial, or 
2.28 	conditional license contained in the record of licensing action; whether a fine has been 
2.29 	paid; and the status of any appeal of these actions. If a licensing sanction under section 
2.30 	245A.07, or a license denial under section 245A.05, is based on a determination that the 
2.31 	license holder or applicant is responsible for maltreatment or is disqualified under chapter 
2.32 	245C, the identity of the license holder or applicant as the individual responsible for 
2.33 	maltreatment or as the disqualified individual is public data at the time of the issuance of 
2.34 	the licensing sanction or denial.
2.35 	(iii) When a license denial under section 245A.05 or a sanction under section 
2.36 	245A.07 is based on a determination that the license holder or applicant is responsible for 
3.1 	maltreatment under section 626.556 or 626.557, the identity of the applicant or license 
3.2 	holder as the individual responsible for maltreatment is public data at the time of the 
3.3 	issuance of the license denial or sanction.
3.4 	(iv) When a license denial under section 245A.05 or a sanction under section 
3.5 	245A.07 is based on a determination that the license holder or applicant is disqualified 
3.6 	under chapter 245C, the identity of the license holder or applicant as the disqualified 
3.7 	individual and the reason for the disqualification are public data at the time of the 
3.8 	issuance of the licensing sanction or denial. If the applicant or license holder requests 
3.9 	reconsideration of the disqualification and the disqualification is affirmed, the reason for 
3.10 	the disqualification and the reason to not set aside the disqualification are public data.
3.11 	(2) Notwithstanding sections 626.556, subdivision 11, and 626.557, subdivision 12b, 
3.12 	when any person subject to disqualification under section 245C.14 in connection with a 
3.13 	license to provide family day care for children, child care center services, foster care 
3.14 	for children in the provider's home, or foster care or day care services for adults in the 
3.15 	provider's home is a substantiated perpetrator of maltreatment, and the substantiated 
3.16 	maltreatment is a reason for a licensing action, the identity of the substantiated perpetrator 
3.17 	of maltreatment is public data. For purposes of this clause, a person is a substantiated 
3.18 	perpetrator if the maltreatment determination has been upheld under section 256.045; 
3.19 	626.556, subdivision 10i; 626.557, subdivision 9d; or chapter 14, or if an individual or 
3.20 	facility has not timely exercised appeal rights under these sections, except as provided 
3.21 	under clause (1).
3.22 	(3) For applicants who withdraw their application prior to licensure or denial of a 
3.23 	license, the following data are public: the name of the applicant, the city and county in 
3.24 	which the applicant was seeking licensure, the dates of the commissioner's receipt of the 
3.25 	initial application and completed application, the type of license sought, and the date 
3.26 	of withdrawal of the application.
3.27 	(4) For applicants who are denied a license, the following data are public: the name 
3.28 	and address of the applicant, the city and county in which the applicant was seeking 
3.29 	licensure, the dates of the commissioner's receipt of the initial application and completed 
3.30 	application, the type of license sought, the date of denial of the application, the nature of 
3.31 	the basis for the denial, the record of informal resolution of a denial, orders of hearings, 
3.32 	findings of fact, conclusions of law, specifications of the final order of denial, and the 
3.33 	status of any appeal of the denial.
3.34 	(5) The following data on persons subject to disqualification under section 245C.14 
3.35 	in connection with a license to provide family day care for children, child care center 
3.36 	services, foster care for children in the provider's home, or foster care or day care 
4.1 	services for adults in the provider's home, are public: the nature of any disqualification 
4.2 	set aside under section 245C.22, subdivisions 2 and 4, and the reasons for setting aside 
4.3 	the disqualification; the nature of any disqualification for which a variance was granted 
4.4 	under sections 245A.04, subdivision 9; and 245C.30, and the reasons for granting any 
4.5 	variance under section 245A.04, subdivision 9; and, if applicable, the disclosure that 
4.6 	any person subject to a background study under section 245C.03, subdivision 1, has 
4.7 	successfully passed a background study. If a licensing sanction under section 245A.07, 
4.8 	or a license denial under section 245A.05, is based on a determination that an individual 
4.9 	subject to disqualification under chapter 245C is disqualified, the disqualification as a 
4.10 	basis for the licensing sanction or denial is public data. As specified in clause (1), item 
4.11 	(iv), if the disqualified individual is the license holder or applicant, the identity of the 
4.12 	license holder or applicant is and the reason for the disqualification are public data; and, if 
4.13 	the license holder or applicant requested reconsideration of the disqualification and the 
4.14 	disqualification is affirmed, the reason for the disqualification and the reason to not set 
4.15 	aside the disqualification are public data. If the disqualified individual is an individual 
4.16 	other than the license holder or applicant, the identity of the disqualified individual shall 
4.17 	remain private data.
4.18 	(6) When maltreatment is substantiated under section 626.556 or 626.557 and the 
4.19 	victim and the substantiated perpetrator are affiliated with a program licensed under 
4.20 	chapter 245A, the commissioner of human services, local social services agency, or 
4.21 	county welfare agency may inform the license holder where the maltreatment occurred of 
4.22 	the identity of the substantiated perpetrator and the victim.
4.23 	(7) Notwithstanding clause (1), for child foster care, only the name of the license 
4.24 	holder and the status of the license are public if the county attorney has requested that data 
4.25 	otherwise classified as public data under clause (1) be considered private data based on the 
4.26 	best interests of a child in placement in a licensed program.
4.27 	(c) The following are private data on individuals under section 13.02, subdivision 
4.28 	12, or nonpublic data under section 13.02, subdivision 9: personal and personal financial 
4.29 	data on family day care program and family foster care program applicants and licensees 
4.30 	and their family members who provide services under the license.
4.31 	(d) The following are private data on individuals: the identity of persons who have 
4.32 	made reports concerning licensees or applicants that appear in inactive investigative data, 
4.33 	and the records of clients or employees of the licensee or applicant for licensure whose 
4.34 	records are received by the licensing agency for purposes of review or in anticipation of a 
4.35 	contested matter. The names of reporters of complaints or alleged violations of licensing 
4.36 	standards under chapters 245A, 245B, 245C, and applicable rules and alleged maltreatment 
5.1 	under sections 626.556 and 626.557, are confidential data and may be disclosed only as 
5.2 	provided in section 626.556, subdivision 11, or 626.557, subdivision 12b.
5.3 	(e) Data classified as private, confidential, nonpublic, or protected nonpublic under 
5.4 	this subdivision become public data if submitted to a court or administrative law judge as 
5.5 	part of a disciplinary proceeding in which there is a public hearing concerning a license 
5.6 	which has been suspended, immediately suspended, revoked, or denied.
5.7 	(f) Data generated in the course of licensing investigations that relate to an alleged 
5.8 	violation of law are investigative data under subdivision 3.
5.9 	(g) Data that are not public data collected, maintained, used, or disseminated under 
5.10 	this subdivision that relate to or are derived from a report as defined in section 626.556, 
5.11 	subdivision 2, or 626.5572, subdivision 18, are subject to the destruction provisions of 
5.12 	sections 626.556, subdivision 11c, and 626.557, subdivision 12b.
5.13 	(h) Upon request, not public data collected, maintained, used, or disseminated under 
5.14 	this subdivision that relate to or are derived from a report of substantiated maltreatment as 
5.15 	defined in section 626.556 or 626.557 may be exchanged with the Department of Health 
5.16 	for purposes of completing background studies pursuant to section 144.057 and with 
5.17 	the Department of Corrections for purposes of completing background studies pursuant 
5.18 	to section 241.021.
5.19 	(i) Data on individuals collected according to licensing activities under chapters 
5.20 	245A and 245C, and data on individuals collected by the commissioner of human services 
5.21 	according to maltreatment investigations under chapters 245A, 245B, and 245C, and 
5.22 	sections 626.556 and 626.557, may be shared with the Department of Human Rights, the 
5.23 	Department of Health, the Department of Corrections, the ombudsman for mental health 
5.24 	and developmental disabilities, and the individual's professional regulatory board when 
5.25 	there is reason to believe that laws or standards under the jurisdiction of those agencies 
5.26 	may have been violated or the information may otherwise be relevant to the board's 
5.27 	regulatory jurisdiction. Unless otherwise specified in this chapter, the identity of a reporter 
5.28 	of alleged maltreatment or licensing violations may not be disclosed.
5.29 	(j) In addition to the notice of determinations required under section 626.556, 
5.30 	subdivision 10f, if the commissioner or the local social services agency has determined 
5.31 	that an individual is a substantiated perpetrator of maltreatment of a child based on sexual 
5.32 	abuse, as defined in section 626.556, subdivision 2, and the commissioner or local social 
5.33 	services agency knows that the individual is a person responsible for a child's care in 
5.34 	another facility, the commissioner or local social services agency shall notify the head 
5.35 	of that facility of this determination. The notification must include an explanation of the 
5.36 	individual's available appeal rights and the status of any appeal. If a notice is given under 
6.1 	this paragraph, the government entity making the notification shall provide a copy of the 
6.2 	notice to the individual who is the subject of the notice.
6.3 	(k) All not public data collected, maintained, used, or disseminated under this 
6.4 	subdivision and subdivision 3 may be exchanged between the Department of Human 
6.5 	Services, Licensing Division, and the Department of Corrections for purposes of 
6.6 	regulating services for which the Department of Human Services and the Department 
6.7 	of Corrections have regulatory authority.

6.8 	ARTICLE 2
6.9 	LICENSING

6.10 	Section 1. Minnesota Statutes 2010, section 245A.02, is amended by adding a 
6.11 	subdivision to read:
6.12 		Subd. 3b.Conservator. "Conservator" has the meaning given in section 524.5-102, 
6.13 	subdivision 3.

6.14 	Sec. 2. Minnesota Statutes 2010, section 245A.02, is amended by adding a subdivision 
6.15 	to read:
6.16 		Subd. 7c.Guardian. "Guardian" has the meaning given in section 524.5-102, 
6.17 	subdivision 5.

6.18 	Sec. 3. Minnesota Statutes 2010, section 245A.02, is amended by adding a subdivision 
6.19 	to read:
6.20 		Subd. 11a.Primary residence. "Primary residence" means the location where the 
6.21 	license holder physically resides on an ongoing basis and is the address listed on the 
6.22 	license holder's Minnesota drivers' license or Minnesota identification card, and voter 
6.23 	registration. The license holder must have only one primary residence. The commissioner 
6.24 	may require the license holder to submit one or more of the following as evidence:
6.25 	(1) recent utility bills in the license holder's name;
6.26 	(2) verification of property insurance in the license holder's name; or
6.27 	(3) the license holder's current Minnesota drivers' license, Minnesota identification 
6.28 	card, or voter's registration.

6.29 	Sec. 4. Minnesota Statutes 2010, section 245A.04, subdivision 1, is amended to read:
6.30 		Subdivision 1.Application for licensure. (a) An individual, corporation, 
6.31 	partnership, voluntary association, other organization or controlling individual that is 
6.32 	subject to licensure under section 245A.03 must apply for a license. The application 
7.1 	must be made on the forms and in the manner prescribed by the commissioner. The 
7.2 	commissioner shall provide the applicant with instruction in completing the application 
7.3 	and provide information about the rules and requirements of other state agencies that affect 
7.4 	the applicant. An applicant seeking licensure in Minnesota with headquarters outside of 
7.5 	Minnesota must have a program office located within the state.
7.6 	The commissioner shall act on the application within 90 working days after a 
7.7 	complete application and any required reports have been received from other state 
7.8 	agencies or departments, counties, municipalities, or other political subdivisions. The 
7.9 	commissioner shall not consider an application to be complete until the commissioner 
7.10 	receives all of the information required under section 245C.05.
7.11 	When the commissioner receives an application that is incomplete because the 
7.12 	applicant failed to submit required documents or that is substantially deficient because the 
7.13 	documents submitted do not meet licensing requirements, the commissioner shall provide 
7.14 	the applicant written notice that the application is incomplete or substantially deficient. 
7.15 	In the written notice to the applicant the commissioner shall identify documents that 
7.16 	are missing or deficient and give the applicant 45 days to resubmit a second application 
7.17 	that is substantially complete. An applicant's failure to submit a substantially complete 
7.18 	application after receiving notice from the commissioner is a basis for license denial 
7.19 	under section 245A.05.
7.20 	(b) An application for licensure must specify one or more controlling individuals as 
7.21 	an agent who is responsible for dealing with the commissioner of human services on all 
7.22 	matters provided for in this chapter and on whom service of all notices and orders must be 
7.23 	made. The agent must be authorized to accept service on behalf of all of the controlling 
7.24 	individuals of the program. Service on the agent is service on all of the controlling 
7.25 	individuals of the program. It is not a defense to any action arising under this chapter that 
7.26 	service was not made on each controlling individual of the program. The designation of 
7.27 	one or more controlling individuals as agents under this paragraph does not affect the legal 
7.28 	responsibility of any other controlling individual under this chapter.
7.29 	(c) An applicant or license holder must have a policy that prohibits license holders, 
7.30 	employees, subcontractors, and volunteers, when directly responsible for persons served 
7.31 	by the program, from abusing prescription medication or being in any manner under 
7.32 	the influence of a chemical that impairs the individual's ability to provide services or 
7.33 	care. The license holder must train employees, subcontractors, and volunteers about the 
7.34 	program's drug and alcohol policy.
8.1 	(d) An applicant and license holder must have a program grievance procedure that 
8.2 	permits persons served by the program and their authorized representatives to bring a 
8.3 	grievance to the highest level of authority in the program.
8.4 	(e) The applicant must be able to demonstrate competent knowledge of the 
8.5 	applicable requirements of this chapter and chapter 245C, and the requirements of 
8.6 	other licensing statutes and rules applicable to the program or services for which the 
8.7 	applicant is seeking to be licensed. Effective January 1, 2012, the commissioner may 
8.8 	require the applicant, except for child foster care, to demonstrate competence in the 
8.9 	applicable licensing requirements by successfully completing a written examination. The 
8.10 	commissioner may develop a prescribed written examination format.
8.11 	(f) When an applicant is an individual, the individual must provide the applicant's 
8.12 	Social Security number and a photocopy of a Minnesota driver's license, Minnesota 
8.13 	identification card, or valid United States passport.
8.14 	(g) When an applicant is a nonindividual, the applicant must provide the applicant's 
8.15 	Minnesota tax identification number, the name, address, and Social Security number of 
8.16 	all individuals who will be controlling individuals, including all officers, owners, and 
8.17 	managerial officials as defined in section 245A.02, subdivision 5a, and the date that the 
8.18 	background study was initiated by the applicant for each controlling individual, and:
8.19 	(1) if the agent authorized to accept service on behalf of all the controlling 
8.20 	individuals resides in Minnesota, the agent must provide a photocopy of the agent's 
8.21 	Minnesota driver's license, Minnesota identification card, or United States passport;
8.22 	(2) if the agent authorized to accept service on behalf of all the controlling 
8.23 	individuals resides outside Minnesota, the agent must provide a photocopy of the agent's 
8.24 	driver's license or identification card from the state where the agent resides or a photocopy 
8.25 	of the agent's United States passport.

8.26 	Sec. 5. Minnesota Statutes 2010, section 245A.04, subdivision 7, is amended to read:
8.27 		Subd. 7.Grant of license; license extension. (a) If the commissioner determines 
8.28 	that the program complies with all applicable rules and laws, the commissioner shall issue 
8.29 	a license. At minimum, the license shall state:
8.30 	(1) the name of the license holder;
8.31 	(2) the address of the program;
8.32 	(3) the effective date and expiration date of the license;
8.33 	(4) the type of license;
8.34 	(5) the maximum number and ages of persons that may receive services from the 
8.35 	program; and
9.1 	(6) any special conditions of licensure.
9.2 	(b) The commissioner may issue an initial license for a period not to exceed two 
9.3 	years if:
9.4 	(1) the commissioner is unable to conduct the evaluation or observation required 
9.5 	by subdivision 4, paragraph (a), clauses (3) and (4), because the program is not yet 
9.6 	operational;
9.7 	(2) certain records and documents are not available because persons are not yet 
9.8 	receiving services from the program; and
9.9 	(3) the applicant complies with applicable laws and rules in all other respects.
9.10 	(c) A decision by the commissioner to issue a license does not guarantee that any 
9.11 	person or persons will be placed or cared for in the licensed program. A license shall not 
9.12 	be transferable to another individual, corporation, partnership, voluntary association, other 
9.13 	organization, or controlling individual or to another location.
9.14 	(d) A license holder must notify the commissioner and obtain the commissioner's 
9.15 	approval before making any changes that would alter the license information listed under 
9.16 	paragraph (a).
9.17 	(e) Except as provided in paragraphs (g) and (h), the commissioner shall not issue or 
9.18 	reissue a license if the applicant, license holder, or controlling individual has:
9.19 	(1) been disqualified and the disqualification was not set aside and no variance has 
9.20 	been granted;
9.21 	(2) has been denied a license within the past two years;
9.22 	(3) had a license revoked within the past five years; or
9.23 	(4) has an outstanding debt related to a license fee, licensing fine, or settlement 
9.24 	agreement for which payment is delinquent.; or
9.25 	(5) failed to submit the information required of an applicant under section 245A.04, 
9.26 	subdivision 1, paragraph (f) or (g), after being requested by the commissioner.
9.27 	When a license is revoked under clause (1) or (3), the license holder and controlling 
9.28 	individual may not hold any license under chapter 245A or 245B for five years following 
9.29 	the revocation, and other licenses held by the applicant, license holder, or controlling 
9.30 	individual shall also be revoked.
9.31 	(f) The commissioner shall not issue or reissue a license if an individual living in 
9.32 	the household where the licensed services will be provided as specified under section 
9.33 	245C.03, subdivision 1, has been disqualified and the disqualification has not been set 
9.34 	aside and no variance has been granted.
9.35 	(g) Pursuant to section 245A.07, subdivision 1, paragraph (b), when a license has 
9.36 	been suspended or revoked and the suspension or revocation is under appeal, the program 
10.1 	may continue to operate pending a final order from the commissioner. If the license under 
10.2 	suspension or revocation will expire before a final order is issued, a temporary provisional 
10.3 	license may be issued provided any applicable license fee is paid before the temporary 
10.4 	provisional license is issued.
10.5 	(h) Notwithstanding paragraph (g), when a revocation is based on the disqualification 
10.6 	of a controlling individual or license holder, and the controlling individual or license holder 
10.7 	is ordered under section 245C.17 to be immediately removed from direct contact with 
10.8 	persons receiving services or is ordered to be under continuous, direct supervision when 
10.9 	providing direct contact services, the program may continue to operate only if the program 
10.10 	complies with the order and submits documentation demonstrating compliance with the 
10.11 	order. If the disqualified individual fails to submit a timely request for reconsideration, or 
10.12 	if the disqualification is not set aside and no variance is granted, the order to immediately 
10.13 	remove the individual from direct contact or to be under continuous, direct supervision 
10.14 	remains in effect pending the outcome of a hearing and final order from the commissioner.
10.15 	(i) For purposes of reimbursement for meals only, under the Child and Adult Care 
10.16 	Food Program, Code of Federal Regulations, title 7, subtitle B, chapter II, subchapter A, 
10.17 	part 226, relocation within the same county by a licensed family day care provider, shall 
10.18 	be considered an extension of the license for a period of no more than 30 calendar days or 
10.19 	until the new license is issued, whichever occurs first, provided the county agency has 
10.20 	determined the family day care provider meets licensure requirements at the new location.
10.21 	(j) Unless otherwise specified by statute, all licenses expire at 12:01 a.m. on the 
10.22 	day after the expiration date stated on the license. A license holder must apply for and 
10.23 	be granted a new license to operate the program or the program must not be operated 
10.24 	after the expiration date.
10.25 	(k) The commissioner shall not issue or reissue a license if it has been determined that 
10.26 	a tribal licensing authority has established jurisdiction to license the program or service.

10.27 	Sec. 6. Minnesota Statutes 2010, section 245A.04, subdivision 11, is amended to read:
10.28 		Subd. 11.Education program; permitted ages, additional requirement. (a) The 
10.29 	education program offered in a residential or nonresidential program, except for child care, 
10.30 	foster care, or services for adults, must be approved by the commissioner of education 
10.31 	before the commissioner of human services may grant a license to the program. Except for 
10.32 	foster care, the commissioner of human services may not grant a license to a residential 
10.33 	facility for the placement of children before the commissioner has received documentation 
10.34 	of approval of the educational program from the commissioner of education according to 
10.35 	section 125A.515.
11.1 	(b) A residential program licensed by the commissioner of human services under 
11.2 	Minnesota Rules, parts 2960.0010 to 2960.0710, may serve persons through the age of 
11.3 	19 when:
11.4 	(1) the admission or continued stay is necessary for a person to complete a secondary 
11.5 	school program or its equivalent, or it is necessary to facilitate a transition period after 
11.6 	completing the secondary school program or its equivalent for up to four months in order 
11.7 	for the resident to obtain other living arrangements;
11.8 	(2) the facility develops policies, procedures, and plans required under section 
11.9 	245A.65;
11.10 	(3) the facility documents an assessment of the 18- or 19-year-old person's risk 
11.11 	of victimizing children residing in the facility, and develops necessary risk reduction 
11.12 	measures, including sleeping arrangements, to minimize any risk of harm to children; and
11.13 	(4) notwithstanding the license holder's target population age range, whenever 
11.14 	persons age 18 or 19 years old are receiving residential services, the age difference among 
11.15 	residents may not exceed five years.
11.16 	(c) A child foster care program licensed by the commissioner under Minnesota 
11.17 	Rules, chapter 2960, may serve persons who are over the age of 18 but under the age 
11.18 	of 21 when the person is:
11.19 	(1) completing secondary education or a program leading to an equivalent credential;
11.20 	(2) enrolled in an institution which provides postsecondary or vocational education;
11.21 	(3) participating in a program or activity designed to promote, or remove barriers to, 
11.22 	employment;
11.23 	(4) employed for at least 80 hours per month; or
11.24 	(5) incapable of doing any of the activities described in clauses (1) to (4) due to a 
11.25 	medical condition, which incapability is supported by regularly updated information in the 
11.26 	case plan of the person.
11.27 	(c) In addition to the requirements in paragraph (b), a residential program licensed 
11.28 	by the commissioner of human services under Minnesota Rules, parts 2960.0010 to 
11.29 	2960.0710, may serve persons under the age of 21 provided the facility complies with the 
11.30 	following requirements:
11.31 	(1) for each person age 18 and older served at the program, the program must assess 
11.32 	and document the person's risk of victimizing other residents residing in the facility, and 
11.33 	based on the assessment, the facility must develop and implement necessary measures 
11.34 	to minimize any risk of harm to other residents, including making arrangements for 
11.35 	appropriate sleeping arrangements; and
12.1 	(2) the program must assure that the services and living arrangements provided to all 
12.2 	residents are suitable to the age and functioning of the residents, including separation of 
12.3 	services, staff supervision, and other program operations as appropriate.
12.4 	(d) Nothing in this paragraph subdivision precludes the license holder from seeking 
12.5 	other variances under subdivision 9.

12.6 	Sec. 7. Minnesota Statutes 2010, section 245A.05, is amended to read:
12.7 	245A.05 DENIAL OF APPLICATION.
12.8 	(a) The commissioner may deny a license if an applicant or controlling individual:
12.9 	(1) fails to submit a substantially complete application after receiving notice from 
12.10 	the commissioner under section 245A.04, subdivision 1;
12.11 	(1) (2) fails to comply with applicable laws or rules;
12.12 	(2) (3) knowingly withholds relevant information from or gives false or misleading 
12.13 	information to the commissioner in connection with an application for a license or during 
12.14 	an investigation;
12.15 	(3) (4) has a disqualification that has not been set aside under section 245C.22
12.16 	and no variance has been granted;
12.17 	(4) (5) has an individual living in the household who received a background study 
12.18 	under section 245C.03, subdivision 1, paragraph (a), clause (2), who has a disqualification 
12.19 	that has not been set aside under section 245C.22, and no variance has been granted; or
12.20 	(5) (6) is associated with an individual who received a background study under 
12.21 	section 245C.03, subdivision 1, paragraph (a), clause (6), who may have unsupervised 
12.22 	access to children or vulnerable adults, and who has a disqualification that has not been set 
12.23 	aside under section 245C.22, and no variance has been granted.; or
12.24 	(7) fails to comply with section 245A.04, subdivision 1, paragraph (f) or (g).
12.25 	(b) An applicant whose application has been denied by the commissioner must be 
12.26 	given notice of the denial. Notice must be given by certified mail or personal service. 
12.27 	The notice must state the reasons the application was denied and must inform the 
12.28 	applicant of the right to a contested case hearing under chapter 14 and Minnesota Rules, 
12.29 	parts 1400.8505 to 1400.8612. The applicant may appeal the denial by notifying the 
12.30 	commissioner in writing by certified mail or personal service. If mailed, the appeal must 
12.31 	be postmarked and sent to the commissioner within 20 calendar days after the applicant 
12.32 	received the notice of denial. If an appeal request is made by personal service, it must 
12.33 	be received by the commissioner within 20 calendar days after the applicant received the 
12.34 	notice of denial. Section 245A.08 applies to hearings held to appeal the commissioner's 
12.35 	denial of an application.

13.1 	Sec. 8. Minnesota Statutes 2010, section 245A.07, subdivision 3, is amended to read:
13.2 		Subd. 3.License suspension, revocation, or fine. (a) The commissioner may 
13.3 	suspend or revoke a license, or impose a fine if:
13.4 	(1) a license holder fails to comply fully with applicable laws or rules, if;
13.5 	(2) a license holder, a controlling individual, or an individual living in the household 
13.6 	where the licensed services are provided or is otherwise subject to a background study has 
13.7 	a disqualification which has not been set aside under section 245C.22, or if;
13.8 	(3) a license holder knowingly withholds relevant information from or gives false 
13.9 	or misleading information to the commissioner in connection with an application for 
13.10 	a license, in connection with the background study status of an individual, during an 
13.11 	investigation, or regarding compliance with applicable laws or rules.; or
13.12 	(4) after July 1, 2012, and upon request by the commissioner, a license holder fails 
13.13 	to submit the information required of an applicant under section 245A.04, subdivision 1, 
13.14 	paragraph (f) or (g).
13.15 	A license holder who has had a license suspended, revoked, or has been ordered 
13.16 	to pay a fine must be given notice of the action by certified mail or personal service. If 
13.17 	mailed, the notice must be mailed to the address shown on the application or the last 
13.18 	known address of the license holder. The notice must state the reasons the license was 
13.19 	suspended, revoked, or a fine was ordered.
13.20 	(b) If the license was suspended or revoked, the notice must inform the license 
13.21 	holder of the right to a contested case hearing under chapter 14 and Minnesota Rules, parts 
13.22 	1400.8505 to 1400.8612. The license holder may appeal an order suspending or revoking 
13.23 	a license. The appeal of an order suspending or revoking a license must be made in writing 
13.24 	by certified mail or personal service. If mailed, the appeal must be postmarked and sent to 
13.25 	the commissioner within ten calendar days after the license holder receives notice that the 
13.26 	license has been suspended or revoked. If a request is made by personal service, it must be 
13.27 	received by the commissioner within ten calendar days after the license holder received 
13.28 	the order. Except as provided in subdivision 2a, paragraph (c), if a license holder submits 
13.29 	a timely appeal of an order suspending or revoking a license, the license holder may 
13.30 	continue to operate the program as provided in section 245A.04, subdivision 7, paragraphs 
13.31 	(g) and (h), until the commissioner issues a final order on the suspension or revocation.
13.32 	(c)(1) If the license holder was ordered to pay a fine, the notice must inform the 
13.33 	license holder of the responsibility for payment of fines and the right to a contested case 
13.34 	hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The appeal 
13.35 	of an order to pay a fine must be made in writing by certified mail or personal service. If 
13.36 	mailed, the appeal must be postmarked and sent to the commissioner within ten calendar 
14.1 	days after the license holder receives notice that the fine has been ordered. If a request is 
14.2 	made by personal service, it must be received by the commissioner within ten calendar 
14.3 	days after the license holder received the order.
14.4 	(2) The license holder shall pay the fines assessed on or before the payment date 
14.5 	specified. If the license holder fails to fully comply with the order, the commissioner 
14.6 	may issue a second fine or suspend the license until the license holder complies. If the 
14.7 	license holder receives state funds, the state, county, or municipal agencies or departments 
14.8 	responsible for administering the funds shall withhold payments and recover any payments 
14.9 	made while the license is suspended for failure to pay a fine. A timely appeal shall stay 
14.10 	payment of the fine until the commissioner issues a final order.
14.11 	(3) A license holder shall promptly notify the commissioner of human services, 
14.12 	in writing, when a violation specified in the order to forfeit a fine is corrected. If upon 
14.13 	reinspection the commissioner determines that a violation has not been corrected as 
14.14 	indicated by the order to forfeit a fine, the commissioner may issue a second fine. The 
14.15 	commissioner shall notify the license holder by certified mail or personal service that a 
14.16 	second fine has been assessed. The license holder may appeal the second fine as provided 
14.17 	under this subdivision.
14.18 	(4) Fines shall be assessed as follows: the license holder shall forfeit $1,000 for 
14.19 	each determination of maltreatment of a child under section 626.556 or the maltreatment 
14.20 	of a vulnerable adult under section 626.557 for which the license holder is determined 
14.21 	responsible for the maltreatment under section 626.556, subdivision 10e, paragraph (i), 
14.22 	or 626.557, subdivision 9c, paragraph (c); the license holder shall forfeit $200 for each 
14.23 	occurrence of a violation of law or rule governing matters of health, safety, or supervision, 
14.24 	including but not limited to the provision of adequate staff-to-child or adult ratios, and 
14.25 	failure to comply with background study requirements under chapter 245C; and the license 
14.26 	holder shall forfeit $100 for each occurrence of a violation of law or rule other than those 
14.27 	subject to a $1,000 or $200 fine above. For purposes of this section, "occurrence" means 
14.28 	each violation identified in the commissioner's fine order. Fines assessed against a license 
14.29 	holder that holds a license to provide the residential-based habilitation services, as defined 
14.30 	under section 245B.02, subdivision 20, and a license to provide foster care, may be 
14.31 	assessed against both licenses for the same occurrence, but the combined amount of the 
14.32 	fines shall not exceed the amount specified in this clause for that occurrence.
14.33 	(5) When a fine has been assessed, the license holder may not avoid payment by 
14.34 	closing, selling, or otherwise transferring the licensed program to a third party. In such an 
14.35 	event, the license holder will be personally liable for payment. In the case of a corporation, 
14.36 	each controlling individual is personally and jointly liable for payment.
15.1 	(d) Except for background study violations involving the failure to comply with an 
15.2 	order to immediately remove an individual or an order to provide continuous, direct 
15.3 	supervision, the commissioner shall not issue a fine under paragraph (c) relating to a 
15.4 	background study violation to a license holder who self-corrects a background study 
15.5 	violation before the commissioner discovers the violation. A license holder who has 
15.6 	previously exercised the provisions of this paragraph to avoid a fine for a background 
15.7 	study violation may not avoid a fine for a subsequent background study violation unless at 
15.8 	least 365 days have passed since the license holder self-corrected the earlier background 
15.9 	study violation.

15.10 	Sec. 9. Minnesota Statutes 2010, section 245A.08, subdivision 2a, is amended to read:
15.11 		Subd. 2a.Consolidated contested case hearings. (a) When a denial of a license 
15.12 	under section 245A.05 or a licensing sanction under section 245A.07, subdivision 3, is 
15.13 	based on a disqualification for which reconsideration was requested and which was not 
15.14 	set aside under section 245C.22, the scope of the contested case hearing shall include the 
15.15 	disqualification and the licensing sanction or denial of a license, unless otherwise specified 
15.16 	in this subdivision. When the licensing sanction or denial of a license is based on a 
15.17 	determination of maltreatment under section 626.556 or 626.557, or a disqualification for 
15.18 	serious or recurring maltreatment which was not set aside, the scope of the contested case 
15.19 	hearing shall include the maltreatment determination, disqualification, and the licensing 
15.20 	sanction or denial of a license, unless otherwise specified in this subdivision. In such 
15.21 	cases, a fair hearing under section 256.045 shall not be conducted as provided for in 
15.22 	sections 245C.27, 626.556, subdivision 10i, and 626.557, subdivision 9d.
15.23 	(b) Except for family child care and child foster care, reconsideration of a 
15.24 	maltreatment determination under sections 626.556, subdivision 10i, and 626.557, 
15.25 	subdivision 9d, and reconsideration of a disqualification under section 245C.22, shall 
15.26 	not be conducted when:
15.27 	(1) a denial of a license under section 245A.05, or a licensing sanction under section 
15.28 	245A.07, is based on a determination that the license holder is responsible for maltreatment 
15.29 	or the disqualification of a license holder is based on serious or recurring maltreatment;
15.30 	(2) the denial of a license or licensing sanction is issued at the same time as the 
15.31 	maltreatment determination or disqualification; and
15.32 	(3) the license holder appeals the maltreatment determination or disqualification, 
15.33 	and denial of a license or licensing sanction. In these cases, a fair hearing shall not be 
15.34 	conducted under sections 245C.27, 626.556, subdivision 10i, and 626.557, subdivision 
16.1 	9d. The scope of the contested case hearing must include the maltreatment determination, 
16.2 	disqualification, and denial of a license or licensing sanction.
16.3 	Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment 
16.4 	determination or disqualification, but does not appeal the denial of a license or a licensing 
16.5 	sanction, reconsideration of the maltreatment determination shall be conducted under 
16.6 	sections 626.556, subdivision 10i, and 626.557, subdivision 9d, and reconsideration of the 
16.7 	disqualification shall be conducted under section 245C.22. In such cases, a fair hearing 
16.8 	shall also be conducted as provided under sections 245C.27, 626.556, subdivision 10i, and 
16.9 	626.557, subdivision 9d.
16.10 	(c) In consolidated contested case hearings regarding sanctions issued in family child 
16.11 	care, child foster care, family adult day services, and adult foster care, the county attorney 
16.12 	shall defend the commissioner's orders in accordance with section 245A.16, subdivision 4.
16.13 	(d) The commissioner's final order under subdivision 5 is the final agency action 
16.14 	on the issue of maltreatment and disqualification, including for purposes of subsequent 
16.15 	background studies under chapter 245C and is the only administrative appeal of the final 
16.16 	agency determination, specifically, including a challenge to the accuracy and completeness 
16.17 	of data under section 13.04.
16.18 	(e) When consolidated hearings under this subdivision involve a licensing sanction 
16.19 	based on a previous maltreatment determination for which the commissioner has issued 
16.20 	a final order in an appeal of that determination under section 256.045, or the individual 
16.21 	failed to exercise the right to appeal the previous maltreatment determination under 
16.22 	section 626.556, subdivision 10i, or 626.557, subdivision 9d, the commissioner's order is 
16.23 	conclusive on the issue of maltreatment. In such cases, the scope of the administrative 
16.24 	law judge's review shall be limited to the disqualification and the licensing sanction or 
16.25 	denial of a license. In the case of a denial of a license or a licensing sanction issued to 
16.26 	a facility based on a maltreatment determination regarding an individual who is not the 
16.27 	license holder or a household member, the scope of the administrative law judge's review 
16.28 	includes the maltreatment determination.
16.29 	(f) The hearings of all parties may be consolidated into a single contested case 
16.30 	hearing upon consent of all parties and the administrative law judge, if:
16.31 	(1) a maltreatment determination or disqualification, which was not set aside under 
16.32 	section 245C.22, is the basis for a denial of a license under section 245A.05 or a licensing 
16.33 	sanction under section 245A.07;
16.34 	(2) the disqualified subject is an individual other than the license holder and upon 
16.35 	whom a background study must be conducted under section 245C.03; and
16.36 	(3) the individual has a hearing right under section 245C.27.
17.1 	(g) When a denial of a license under section 245A.05 or a licensing sanction under 
17.2 	section 245A.07 is based on a disqualification for which reconsideration was requested 
17.3 	and was not set aside under section 245C.22, and the individual otherwise has no hearing 
17.4 	right under section 245C.27, the scope of the administrative law judge's review shall 
17.5 	include the denial or sanction and a determination whether the disqualification should 
17.6 	be set aside, unless section 245C.24 prohibits the set-aside of the disqualification. In 
17.7 	determining whether the disqualification should be set aside, the administrative law judge 
17.8 	shall consider the factors under section 245C.22, subdivision 4, to determine whether the 
17.9 	individual poses a risk of harm to any person receiving services from the license holder.
17.10 	(h) Notwithstanding section 245C.30, subdivision 5, when a licensing sanction 
17.11 	under section 245A.07 is based on the termination of a variance under section 245C.30, 
17.12 	subdivision 4, the scope of the administrative law judge's review shall include the sanction 
17.13 	and a determination whether the disqualification should be set aside, unless section 
17.14 	245C.24 prohibits the set-aside of the disqualification. In determining whether the 
17.15 	disqualification should be set aside, the administrative law judge shall consider the factors 
17.16 	under section 245C.22, subdivision 4, to determine whether the individual poses a risk of 
17.17 	harm to any person receiving services from the license holder.
17.18 	(i) The scope of the consolidated contested case hearing under this section relating 
17.19 	to a disqualification does not include the issue of whether the commissioner was required 
17.20 	to seal agency records according to a district court order or other applicable law.
17.21 	(j) When a license holder that is operating following the appeal of a sanction under 
17.22 	section 245A.07 has subsequent substantiated violations of applicable statute or rule 
17.23 	before the contested case hearing date, the additional violations will automatically be 
17.24 	included in the scope of that hearing.

17.25 	Sec. 10. Minnesota Statutes 2010, section 245A.10, subdivision 5, is amended to read:
17.26 		Subd. 5.License or certification fee for other programs. (a) Except as provided 
17.27 	in paragraphs (b) and (c), a program without a stated licensed capacity shall pay a license 
17.28 	or certification fee of $400.
17.29 	(b) A mental health center or mental health clinic requesting certification for 
17.30 	purposes of insurance and subscriber contract reimbursement under Minnesota Rules, 
17.31 	parts 9520.0750 to 9520.0870, shall pay a certification fee of $1,000 per year. If the 
17.32 	mental health center or mental health clinic provides services at a primary location with 
17.33 	satellite facilities, the satellite facilities shall be certified with the primary location without 
17.34 	an additional charge.
18.1 	(c) A program licensed to provide residential-based habilitation services under the 
18.2 	home and community-based waiver for persons with developmental disabilities shall pay 
18.3 	an annual license fee that includes a base rate of $250 plus $38 times the number of clients 
18.4 	served on the first day of August July of the current license year. State-operated programs 
18.5 	are exempt from the license fee under this paragraph.

18.6 	Sec. 11. Minnesota Statutes 2010, section 245A.22, subdivision 2, is amended to read:
18.7 		Subd. 2.Admission. (a) The license holder shall accept as clients in the independent 
18.8 	living assistance program only youth ages 16 to 21 who are in out-of-home placement, 
18.9 	leaving out-of-home placement, at risk of becoming homeless, or homeless.
18.10 	(b) Youth who have current drug or alcohol problems, a recent history of violent 
18.11 	behaviors, or a mental health disorder or issue that is not being resolved through 
18.12 	counseling or treatment are not eligible to receive the services described in subdivision 1.
18.13 	(c) Youth who are not employed, participating in employment training, or enrolled 
18.14 	in an academic program are not eligible to receive transitional housing or independent 
18.15 	living assistance.
18.16 	(d) The commissioner may grant variances under section 245A.04, subdivision 9, 
18.17 	to requirements in this section.

18.18 	Sec. 12. Minnesota Statutes 2010, section 245C.03, subdivision 1, is amended to read:
18.19 		Subdivision 1.Licensed programs. (a) The commissioner shall conduct a 
18.20 	background study on:
18.21 	(1) the person or persons applying for a license;
18.22 	(2) an individual age 13 and over living in the household where the licensed program 
18.23 	will be provided who is not receiving licensed services from the program;
18.24 	(3) current or prospective employees or contractors of the applicant who will have 
18.25 	direct contact with persons served by the facility, agency, or program;
18.26 	(4) volunteers or student volunteers who will have direct contact with persons served 
18.27 	by the program to provide program services if the contact is not under the continuous, 
18.28 	direct supervision by an individual listed in clause (1) or (3);
18.29 	(5) an individual age ten to 12 living in the household where the licensed services 
18.30 	will be provided when the commissioner has reasonable cause;
18.31 	(6) an individual who, without providing direct contact services at a licensed 
18.32 	program, may have unsupervised access to children or vulnerable adults receiving services 
18.33 	from a program, when the commissioner has reasonable cause; and
18.34 	(7) all managerial officials as defined under section 245A.02, subdivision 5a.
19.1 	(b) For family child foster care settings, a short-term substitute caregiver providing 
19.2 	direct contact services for a child for less than 72 hours of continuous care is not required 
19.3 	to receive a background study under this chapter.

19.4 	Sec. 13. Minnesota Statutes 2010, section 245C.04, subdivision 1, is amended to read:
19.5 		Subdivision 1.Licensed programs. (a) The commissioner shall conduct a 
19.6 	background study of an individual required to be studied under section 245C.03, 
19.7 	subdivision 1, at least upon application for initial license for all license types.
19.8 	(b) The commissioner shall conduct a background study of an individual required 
19.9 	to be studied under section 245C.03, subdivision 1, at reapplication for a license for 
19.10 	family child care.
19.11 	(c) The commissioner is not required to conduct a study of an individual at the time 
19.12 	of reapplication for a license if the individual's background study was completed by the 
19.13 	commissioner of human services for an adult foster care license holder that is also:
19.14 	(1) registered under chapter 144D; or
19.15 	(2) licensed to provide home and community-based services to people with 
19.16 	disabilities at the foster care location and the license holder does not reside in the foster 
19.17 	care residence; and
19.18 	(3) the following conditions are met:
19.19 	(i) a study of the individual was conducted either at the time of initial licensure or 
19.20 	when the individual became affiliated with the license holder;
19.21 	(ii) the individual has been continuously affiliated with the license holder since 
19.22 	the last study was conducted; and
19.23 	(iii) the last study of the individual was conducted on or after October 1, 1995.
19.24 	(d) From July 1, 2007, to June 30, 2009, the commissioner of human services shall 
19.25 	conduct a study of an individual required to be studied under section 245C.03, at the 
19.26 	time of reapplication for a child foster care license. The county or private agency shall 
19.27 	collect and forward to the commissioner the information required under section 245C.05, 
19.28 	subdivisions 1, paragraphs (a) and (b), and 5, paragraphs (a) and (b). The background 
19.29 	study conducted by the commissioner of human services under this paragraph must 
19.30 	include a review of the information required under section 245C.08, subdivisions 1, 
19.31 	paragraph (a), clauses (1) to (5), 3, and 4.
19.32 	(e) The commissioner of human services shall conduct a background study of an 
19.33 	individual specified under section 245C.03, subdivision 1, paragraph (a), clauses (2) 
19.34 	to (6), who is newly affiliated with a child foster care license holder. The county or 
19.35 	private agency shall collect and forward to the commissioner the information required 
20.1 	under section 245C.05, subdivisions 1 and 5. The background study conducted by the 
20.2 	commissioner of human services under this paragraph must include a review of the 
20.3 	information required under section 245C.08, subdivisions 1, 3, and 4.
20.4 	(f) From January 1, 2010, to December 31, 2012, unless otherwise specified in 
20.5 	paragraph (c), the commissioner shall conduct a study of an individual required to 
20.6 	be studied under section 245C.03 at the time of reapplication for an adult foster care 
20.7 	or family adult day services license: (1) the county shall collect and forward to the 
20.8 	commissioner the information required under section 245C.05, subdivision 1, paragraphs 
20.9 	(a) and (b), and subdivision 5, paragraphs (a) and (b), for background studies conducted 
20.10 	by the commissioner for all family adult day services and for adult foster care when 
20.11 	the adult foster care license holder resides in the adult foster care or family adult day 
20.12 	services residence; (2) the license holder shall collect and forward to the commissioner 
20.13 	the information required under section 245C.05, subdivisions 1, paragraphs (a) and (b); 
20.14 	and 5, paragraphs (a) and (b), for background studies conducted by the commissioner for 
20.15 	adult foster care when the license holder does not reside in the adult foster care residence; 
20.16 	and (3) the background study conducted by the commissioner under this paragraph must 
20.17 	include a review of the information required under section 245C.08, subdivision 1, 
20.18 	paragraph (a), clauses (1) to (5), and subdivisions 3 and 4.
20.19 	(g) The commissioner shall conduct a background study of an individual specified 
20.20 	under section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6), who is newly 
20.21 	affiliated with an adult foster care or family adult day services license holder: (1) the 
20.22 	county shall collect and forward to the commissioner the information required under 
20.23 	section 245C.05, subdivision 1, paragraphs (a) and (b), and subdivision 5, paragraphs (a) 
20.24 	and (b), for background studies conducted by the commissioner for all family adult day 
20.25 	services and for adult foster care when the adult foster care license holder resides in 
20.26 	the adult foster care residence; (2) the license holder shall collect and forward to the 
20.27 	commissioner the information required under section 245C.05, subdivisions 1, paragraphs 
20.28 	(a) and (b); and 5, paragraphs (a) and (b), for background studies conducted by the 
20.29 	commissioner for adult foster care when the license holder does not reside in the adult 
20.30 	foster care residence; and (3) the background study conducted by the commissioner under 
20.31 	this paragraph must include a review of the information required under section 245C.08, 
20.32 	subdivision 1, paragraph (a), and subdivisions 3 and 4.
20.33 	(h) Applicants for licensure, license holders, and other entities as provided in this 
20.34 	chapter must submit completed background study forms to the commissioner before 
20.35 	individuals specified in section 245C.03, subdivision 1, begin positions allowing direct 
20.36 	contact in any licensed program.
21.1 	(i) A license holder must provide the commissioner notice initiate a new background 
21.2 	study through the commissioner's online background study system or through a letter 
21.3 	mailed to the commissioner when:
21.4 	(1) an individual returns to a position requiring a background study following an 
21.5 	absence of 45 90 or more consecutive days; or
21.6 	(2) a program that discontinued providing licensed direct contact services for 45 90
21.7 	or more consecutive days begins to provide direct contact licensed services again.
21.8 	The license holder shall maintain a copy of the notification provided to 
21.9 	the commissioner under this paragraph in the program's files. If the individual's 
21.10 	disqualification was previously set aside for the license holder's program and the new 
21.11 	background study results in no new information that indicates the individual may pose a 
21.12 	risk of harm to persons receiving services from the license holder, the previous set-aside 
21.13 	shall remain in effect.
21.14 	(j) For purposes of this section, a physician licensed under chapter 147 is considered 
21.15 	to be continuously affiliated upon the license holder's receipt from the commissioner of 
21.16 	health or human services of the physician's background study results.
21.17 	(k) For purposes of family child care, substitute caregivers must receive repeat 
21.18 	background studies at the time of each license renewal.

21.19 	Sec. 14. Minnesota Statutes 2010, section 245C.05, is amended by adding a 
21.20 	subdivision to read:
21.21 		Subd. 2c.Privacy notice to background study subject. (a) For every background 
21.22 	study, the commissioner's notice to the background study subject required under 
21.23 	section 13.04, subdivision 2, that is provided through the commissioner's electronic 
21.24 	NETStudy system or through the commissioner's background study forms shall include 
21.25 	the information in paragraph (b).
21.26 	(b) The background study subject shall be informed that any previous background 
21.27 	studies that received a set-aside will be reviewed, and without further contact with the 
21.28 	background study subject, the commissioner may notify the agency that initiated the 
21.29 	subsequent background study:
21.30 	(1) that the individual has a disqualification that has been set aside for the program 
21.31 	or agency that initiated the study;
21.32 	(2) the reason for the disqualification; and
21.33 	(3) information about the decision to set aside the disqualification will be available 
21.34 	to the license holder upon request without the consent of the background study subject.

22.1 	Sec. 15. Minnesota Statutes 2010, section 245C.05, subdivision 4, is amended to read:
22.2 		Subd. 4.Electronic transmission. (a) For background studies conducted by the 
22.3 	Department of Human Services, the commissioner shall implement a system for the 
22.4 	electronic transmission of:
22.5 	(1) background study information to the commissioner;
22.6 	(2) background study results to the license holder;
22.7 	(3) background study results to county and private agencies for background studies 
22.8 	conducted by the commissioner for child foster care; and
22.9 	(4) background study results to county agencies for background studies conducted 
22.10 	by the commissioner for adult foster care and family adult day services.
22.11 	(b) Unless the commissioner has granted a hardship variance under paragraph (c), 
22.12 	license holders and applicants must use the electronic transmission system known as 
22.13 	NETStudy to submit all requests for background studies to the commissioner as required 
22.14 	by this chapter.
22.15 	(c) A license holder or applicant whose program is located in an area in which 
22.16 	high-speed Internet is inaccessible may request the commissioner to grant a variance to 
22.17 	the electronic transmission requirement.

22.18 	Sec. 16. Minnesota Statutes 2010, section 245C.05, subdivision 6, is amended to read:
22.19 		Subd. 6.Applicant, license holder, other entities, and agencies. (a) The applicant, 
22.20 	license holder, other entities as provided in this chapter, Bureau of Criminal Apprehension, 
22.21 	law enforcement agencies, commissioner of health, and county agencies shall help with 
22.22 	the study by giving the commissioner criminal conviction data and reports about the 
22.23 	maltreatment of adults substantiated under section 626.557 and the maltreatment of 
22.24 	minors substantiated under section 626.556. 
22.25 	(b) If a background study is initiated by an applicant, license holder, or other entities 
22.26 	as provided in this chapter, and the applicant, license holder, or other entity receives 
22.27 	information about the possible criminal or maltreatment history of an individual who is 
22.28 	the subject of the background study, the applicant, license holder, or other entity must 
22.29 	immediately provide the information to the commissioner.
22.30 	(c) The program or county or other agency must provide written notice to the 
22.31 	individual who is the subject of the background study of the requirements under this 
22.32 	subdivision.

22.33 	Sec. 17. Minnesota Statutes 2010, section 245C.05, subdivision 7, is amended to read:
23.1 		Subd. 7.Probation officer and corrections agent. (a) A probation officer or 
23.2 	corrections agent shall notify the commissioner of an individual's conviction if the 
23.3 	individual is:
23.4 	(1) has been affiliated with a program or facility regulated by the Department of 
23.5 	Human Services or Department of Health, a facility serving children or youth licensed by 
23.6 	the Department of Corrections, or any type of home care agency or provider of personal 
23.7 	care assistance services within the preceding year; and
23.8 	(2) has been convicted of a crime constituting a disqualification under section 
23.9 	245C.14.
23.10 	(b) For the purpose of this subdivision, "conviction" has the meaning given it 
23.11 	in section 609.02, subdivision 5.
23.12 	(c) The commissioner, in consultation with the commissioner of corrections, shall 
23.13 	develop forms and information necessary to implement this subdivision and shall provide 
23.14 	the forms and information to the commissioner of corrections for distribution to local 
23.15 	probation officers and corrections agents.
23.16 	(d) The commissioner shall inform individuals subject to a background study that 
23.17 	criminal convictions for disqualifying crimes will be reported to the commissioner by the 
23.18 	corrections system.
23.19 	(e) A probation officer, corrections agent, or corrections agency is not civilly or 
23.20 	criminally liable for disclosing or failing to disclose the information required by this 
23.21 	subdivision.
23.22 	(f) Upon receipt of disqualifying information, the commissioner shall provide the 
23.23 	notice required under section 245C.17, as appropriate, to agencies on record as having 
23.24 	initiated a background study or making a request for documentation of the background 
23.25 	study status of the individual.
23.26 	(g) This subdivision does not apply to family child care programs.

23.27 	Sec. 18. Minnesota Statutes 2010, section 245C.07, is amended to read:
23.28 	245C.07 STUDY SUBJECT AFFILIATED WITH MULTIPLE FACILITIES.
23.29 	(a) Except for child foster care and adoption agencies, Subject to the conditions in 
23.30 	paragraph (d), when a license holder, applicant, or other entity owns multiple programs or 
23.31 	services that are licensed by the Department of Human Services, Department of Health, or 
23.32 	Department of Corrections, only one background study is required for an individual who 
23.33 	provides direct contact services in one or more of the licensed programs or services if:
24.1 	(1) the license holder designates one individual with one address and telephone 
24.2 	number as the person to receive sensitive background study information for the multiple 
24.3 	licensed programs or services that depend on the same background study; and
24.4 	(2) the individual designated to receive the sensitive background study information 
24.5 	is capable of determining, upon request of the department, whether a background study 
24.6 	subject is providing direct contact services in one or more of the license holder's programs 
24.7 	or services and, if so, at which location or locations.
24.8 	(b) When a license holder maintains background study compliance for multiple 
24.9 	licensed programs according to paragraph (a), and one or more of the licensed programs 
24.10 	closes, the license holder shall immediately notify the commissioner which staff must be 
24.11 	transferred to an active license so that the background studies can be electronically paired 
24.12 	with the license holder's active program.
24.13 	(c) When a background study is being initiated by a licensed program or service or a 
24.14 	foster care provider that is also registered under chapter 144D, a study subject affiliated 
24.15 	with multiple licensed programs or services may attach to the background study form a 
24.16 	cover letter indicating the additional names of the programs or services, addresses, and 
24.17 	background study identification numbers.
24.18 	When the commissioner receives a notice, the commissioner shall notify each 
24.19 	program or service identified by the background study subject of the study results.
24.20 	The background study notice the commissioner sends to the subsequent agencies 
24.21 	shall satisfy those programs' or services' responsibilities for initiating a background study 
24.22 	on that individual.
24.23 	(d) If a background study was conducted on an individual related to child foster care 
24.24 	and the requirements under paragraph (a) are met, the background study is transferable 
24.25 	across all licensed programs. If a background study was conducted on an individual under 
24.26 	a license other than child foster care and the requirements under paragraph (a) are met, the 
24.27 	background study is transferable to all licensed programs except child foster care.
24.28 	(e) The provisions of this section that allow a single background study in one 
24.29 	or more licensed programs or services do not apply to background studies submitted 
24.30 	by adoption agencies, supplemental nursing services agencies, personnel agencies, 
24.31 	educational programs, professional services agencies, and unlicensed personal care 
24.32 	provider organizations.

24.33 	Sec. 19. Minnesota Statutes 2010, section 245C.08, subdivision 1, is amended to read:
25.1 		Subdivision 1.Background studies conducted by Department of Human 
25.2 	Services. (a) For a background study conducted by the Department of Human Services, 
25.3 	the commissioner shall review:
25.4 	(1) information related to names of substantiated perpetrators of maltreatment of 
25.5 	vulnerable adults that has been received by the commissioner as required under section 
25.6 	626.557, subdivision 9c, paragraph (j);
25.7 	(2) the commissioner's records relating to the maltreatment of minors in licensed 
25.8 	programs, and from findings of maltreatment of minors as indicated through the social 
25.9 	service information system;
25.10 	(3) information from juvenile courts as required in subdivision 4 for individuals 
25.11 	listed in section 245C.03, subdivision 1, paragraph (a), when there is reasonable cause;
25.12 	(4) information from the Bureau of Criminal Apprehension;
25.13 	(5) except as provided in clause (6), information from the national crime information 
25.14 	system when the commissioner has reasonable cause as defined under section 245C.05, 
25.15 	subdivision 5; and
25.16 	(6) for a background study related to a child foster care application for licensure or 
25.17 	adoptions, the commissioner shall also review:
25.18 	(i) information from the child abuse and neglect registry for any state in which the 
25.19 	background study subject has resided for the past five years; and
25.20 	(ii) information from national crime information databases, when the background 
25.21 	study subject is 18 years of age or older.
25.22 	(b) Notwithstanding expungement by a court, the commissioner may consider 
25.23 	information obtained under paragraph (a), clauses (3) and (4), unless the commissioner 
25.24 	received notice of the petition for expungement and the court order for expungement is 
25.25 	directed specifically to orders the commissioner to seal the commissioner's records.
25.26 	(c) When the commissioner has reasonable cause to believe that the identity of 
25.27 	a background study subject is uncertain, the commissioner may require the subject to 
25.28 	provide a set of classifiable fingerprints and complete a record check with the national 
25.29 	crime information databases.

25.30 	Sec. 20. Minnesota Statutes 2010, section 245C.08, subdivision 2, is amended to read:
25.31 		Subd. 2.Background studies conducted by a county agency. (a) For a 
25.32 	background study conducted by a county agency for family child care services, the 
25.33 	commissioner shall review:
25.34 	(1) information from the county agency's record of substantiated maltreatment 
25.35 	of adults and the maltreatment of minors;
26.1 	(2) information from juvenile courts as required in subdivision 4 for:
26.2 	(i) individuals listed in section 245C.03, subdivision 1, paragraph (a), who are ages 
26.3 	13 through 23 living in the household where the licensed services will be provided; and
26.4 	(ii) any other individual listed under section 245C.03, subdivision 1, when there 
26.5 	is reasonable cause; and
26.6 	(3) information from the Bureau of Criminal Apprehension.
26.7 	(b) If the individual has resided in the county for less than five years, the study shall 
26.8 	include the records specified under paragraph (a) for the previous county or counties of 
26.9 	residence for the past five years.
26.10 	(c) Notwithstanding expungement by a court, the county agency may consider 
26.11 	information obtained under paragraph (a), clause (3), unless the commissioner received 
26.12 	notice of the petition for expungement and the court order for expungement is directed
26.13 	specifically to orders the commissioner to seal the commissioner's records.

26.14 	Sec. 21. Minnesota Statutes 2010, section 245C.08, subdivision 3, is amended to read:
26.15 		Subd. 3.Arrest and investigative information. (a) For any background study 
26.16 	completed under this section, if the commissioner has reasonable cause to believe the 
26.17 	information is pertinent to the disqualification of an individual, the commissioner shall 
26.18 	also may review arrest and investigative information from any of the following pertinent 
26.19 	sources:
26.20 	(1) the Bureau of Criminal Apprehension;
26.21 	(2) the commissioner of health;
26.22 	(3) a county attorney;
26.23 	(4) a county sheriff;
26.24 	(5) a county agency;
26.25 	(6) a local chief of police;
26.26 	(7) other states;
26.27 	(8) the courts;
26.28 	(9) the Federal Bureau of Investigation;
26.29 	(10) the National Criminal Records Repository; and or
26.30 	(11) criminal records from other states.
26.31 	(b) The commissioner is not required to conduct more than one review of a subject's 
26.32 	records from the Federal Bureau of Investigation if a review of the subject's criminal 
26.33 	history with the Federal Bureau of Investigation has already been completed by the 
26.34 	commissioner and there has been no break in the subject's affiliation with the license 
26.35 	holder who initiated the background study.

27.1 	Sec. 22. Minnesota Statutes 2010, section 245C.14, subdivision 2, is amended to read:
27.2 		Subd. 2.Disqualification from access. (a) If an individual who is studied under 
27.3 	section 245C.03, subdivision 1, paragraph (a), clauses (2), (5), and (6), is disqualified from 
27.4 	direct contact under subdivision 1, the commissioner shall also disqualify the individual 
27.5 	from access to a person receiving services from the license holder.
27.6 	(b) No individual who is disqualified following a background study under section 
27.7 	245C.03, subdivision 1, paragraph (a), clauses (2), (5), and (6), or as provided elsewhere 
27.8 	in statute who is disqualified as a result of this section, may be allowed access to persons 
27.9 	served by the program unless the commissioner has provided written notice under section 
27.10 	245C.17 stating that:
27.11 	(1) the individual may remain in direct contact during the period in which the 
27.12 	individual may request reconsideration as provided in section 245C.21, subdivision 2;
27.13 	(2) the commissioner has set aside the individual's disqualification for that 
27.14 	licensed program or entity identified in section 245C.03 as provided in section 245C.22, 
27.15 	subdivision 4; or
27.16 	(3) the license holder has been granted a variance for the disqualified individual 
27.17 	under section 245C.30.

27.18 	Sec. 23. Minnesota Statutes 2010, section 245C.15, is amended to read:
27.19 	245C.15 DISQUALIFYING CRIMES OR CONDUCT.
27.20 		Subdivision 1.Permanent disqualification. (a) An individual is disqualified under 
27.21 	section 245C.14 if: (1) regardless of how much time has passed since the discharge of the 
27.22 	sentence imposed, if any, for the offense; and (2) unless otherwise specified, regardless 
27.23 	of the level of the offense, the individual has committed any of the following offenses: 
27.24 	sections 243.166 (violation of predatory offender registration law); 609.185 (murder in 
27.25 	the first degree); 609.19 (murder in the second degree); 609.195 (murder in the third 
27.26 	degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in the second 
27.27 	degree); a felony offense under 609.221 or 609.222 (assault in the first or second degree); 
27.28 	a felony offense under sections 609.2242 and 609.2243 (domestic assault), spousal 
27.29 	abuse, child abuse or neglect, or a crime against children; 609.2247 (domestic assault by 
27.30 	strangulation); 609.228 (great bodily harm caused by distribution of drugs); 609.245
27.31 	(aggravated robbery); 609.25 (kidnapping); 609.2661 (murder of an unborn child in the 
27.32 	first degree); 609.2662 (murder of an unborn child in the second degree); 609.2663
27.33 	(murder of an unborn child in the third degree); 609.322 (solicitation, inducement, and 
27.34 	promotion of prostitution); 609.324, subdivision 1 (other prohibited acts); 609.342
27.35 	(criminal sexual conduct in the first degree); 609.343 (criminal sexual conduct in the 
28.1 	second degree); 609.344 (criminal sexual conduct in the third degree); 609.345 (criminal 
28.2 	sexual conduct in the fourth degree); 609.3451 (criminal sexual conduct in the fifth 
28.3 	degree); 609.3453 (criminal sexual predatory conduct); 609.352 (solicitation of children 
28.4 	to engage in sexual conduct); 609.365 (incest); a felony offense under 609.377 (malicious 
28.5 	punishment of a child); a felony offense under 609.378 (neglect or endangerment of 
28.6 	a child); 609.561 (arson in the first degree); 609.66, subdivision 1e (drive-by shooting); 
28.7 	609.746 (interference with privacy against a minor); 609.749, subdivision 3, 4, or 5 
28.8 	(felony-level stalking); 609.855, subdivision 5 (shooting at or in a public transit vehicle or 
28.9 	facility); 617.23, subdivision 2, clause (1), or subdivision 3, clause (1) (indecent exposure 
28.10 	involving a minor); 617.246 (use of minors in sexual performance prohibited); or 617.247
28.11 	(possession of pictorial representations of minors).
28.12 	(b) An individual's aiding and abetting, attempt, or conspiracy to commit any of the 
28.13 	offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes, 
28.14 	permanently disqualifies the individual under section 245C.14.
28.15 	(c) An individual's offense in any other state or country, where the elements of the 
28.16 	offense are substantially similar to any of the offenses listed in paragraph (a), permanently 
28.17 	disqualifies the individual under section 245C.14.
28.18 	(d) When a disqualification is based on a judicial determination other than a 
28.19 	conviction, the disqualification period begins from the date of the court order. When a 
28.20 	disqualification is based on an admission, the disqualification period begins from the 
28.21 	date of an admission in court. When a disqualification is based on an Alford Plea, the 
28.22 	disqualification period begins from the date the Alford Plea is entered in court. When 
28.23 	a disqualification is based on a preponderance of evidence of a disqualifying act, the 
28.24 	disqualification date begins from the date of the dismissal, the date of discharge of the 
28.25 	sentence imposed for a conviction for a disqualifying crime of similar elements, or the 
28.26 	date of the incident, whichever occurs last.
28.27 	(e) If the individual studied commits one of the offenses listed in paragraph (a) that 
28.28 	is specified as a felony-level only offense, but the sentence or level of offense is a gross 
28.29 	misdemeanor or misdemeanor, the individual is disqualified, but the disqualification 
28.30 	look-back period for the offense is the period applicable to gross misdemeanor or 
28.31 	misdemeanor offenses.
28.32 		Subd. 2.15-year disqualification. (a) An individual is disqualified under section 
28.33 	245C.14 if: (1) less than 15 years have passed since the discharge of the sentence imposed, 
28.34 	if any, for the offense; and (2) the individual has committed a felony-level violation 
28.35 	of any of the following offenses: sections 256.98 (wrongfully obtaining assistance); 
28.36 	268.182 (false representation; concealment of facts); 393.07, subdivision 10, paragraph 
29.1 	(c) (federal Food Stamp Program fraud); 609.165 (felon ineligible to possess firearm); 
29.2 	609.21 (criminal vehicular homicide and injury); 609.215 (suicide); 609.223 or 609.2231 
29.3 	(assault in the third or fourth degree); repeat offenses under 609.224 (assault in the fifth 
29.4 	degree); 609.229 (crimes committed for benefit of a gang); 609.2325 (criminal abuse of a 
29.5 	vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult); 609.235 (use of 
29.6 	drugs to injure or facilitate crime); 609.24 (simple robbery); 609.255 (false imprisonment); 
29.7 	609.2664 (manslaughter of an unborn child in the first degree); 609.2665 (manslaughter 
29.8 	of an unborn child in the second degree); 609.267 (assault of an unborn child in the first 
29.9 	degree); 609.2671 (assault of an unborn child in the second degree); 609.268 (injury 
29.10 	or death of an unborn child in the commission of a crime); 609.27 (coercion); 609.275 
29.11 	(attempt to coerce); 609.466 (medical assistance fraud); 609.495 (aiding an offender); 
29.12 	609.498, subdivision 1 or 1b (aggravated first-degree or first-degree tampering with a 
29.13 	witness); 609.52 (theft); 609.521 (possession of shoplifting gear); 609.525 (bringing 
29.14 	stolen goods into Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property); 
29.15 	609.535 (issuance of dishonored checks); 609.562 (arson in the second degree); 609.563
29.16 	(arson in the third degree); 609.582 (burglary); 609.59 (possession of burglary tools); 
29.17 	609.611 (insurance fraud); 609.625 (aggravated forgery); 609.63 (forgery); 609.631
29.18 	(check forgery; offering a forged check); 609.635 (obtaining signature by false pretense); 
29.19 	609.66 (dangerous weapons); 609.67 (machine guns and short-barreled shotguns); 
29.20 	609.687 (adulteration); 609.71 (riot); 609.713 (terroristic threats); 609.746 (interference 
29.21 	with privacy); 609.82 (fraud in obtaining credit); 609.821 (financial transaction card 
29.22 	fraud); 617.23 (indecent exposure), not involving a minor; repeat offenses under 617.241
29.23 	(obscene materials and performances; distribution and exhibition prohibited; penalty); 
29.24 	624.713 (certain persons not to possess firearms); chapter 152 (drugs; controlled 
29.25 	substance); or a felony-level conviction involving alcohol or drug use.
29.26 	(b) An individual is disqualified under section 245C.14 if less than 15 years has 
29.27 	passed since the individual's aiding and abetting, attempt, or conspiracy to commit any 
29.28 	of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota 
29.29 	Statutes.
29.30 	(c) An individual is disqualified under section 245C.14 if less than 15 years has 
29.31 	passed since the termination of the individual's parental rights under section 260C.301, 
29.32 	subdivision 1, paragraph (b), or subdivision 3.
29.33 	(d) An individual is disqualified under section 245C.14 if less than 15 years has 
29.34 	passed since the discharge of the sentence imposed for an offense in any other state or 
29.35 	country, the elements of which are substantially similar to the elements of the offenses 
29.36 	listed in paragraph (a).
30.1 	(e) If the individual studied commits one of the offenses listed in paragraph (a), but 
30.2 	the sentence or level of offense is a gross misdemeanor or misdemeanor, the individual 
30.3 	is disqualified but the disqualification look-back period for the offense is the period 
30.4 	applicable to the gross misdemeanor or misdemeanor disposition.
30.5 	(f) When a disqualification is based on a judicial determination other than a 
30.6 	conviction, the disqualification period begins from the date of the court order. When a 
30.7 	disqualification is based on an admission, the disqualification period begins from the 
30.8 	date of an admission in court. When a disqualification is based on an Alford Plea, the 
30.9 	disqualification period begins from the date the Alford Plea is entered in court. When 
30.10 	a disqualification is based on a preponderance of evidence of a disqualifying act, the 
30.11 	disqualification date begins from the date of the dismissal, the date of discharge of the 
30.12 	sentence imposed for a conviction for a disqualifying crime of similar elements, or the 
30.13 	date of the incident, whichever occurs last.
30.14 		Subd. 3.Ten-year disqualification. (a) An individual is disqualified under section 
30.15 	245C.14 if: (1) less than ten years have passed since the discharge of the sentence imposed, 
30.16 	if any, for the offense; and (2) the individual has committed a gross misdemeanor-level 
30.17 	violation of any of the following offenses: sections 256.98 (wrongfully obtaining 
30.18 	assistance); 268.182 (false representation; concealment of facts); 393.07, subdivision 10, 
30.19 	paragraph (c) (federal Food Stamp Program fraud); 609.21 (criminal vehicular homicide 
30.20 	and injury); 609.221 or 609.222 (assault in the first or second degree); 609.223 or 
30.21 	609.2231 (assault in the third or fourth degree); 609.224 (assault in the fifth degree); 
30.22 	609.224, subdivision 2, paragraph (c) (assault in the fifth degree by a caregiver against a 
30.23 	vulnerable adult); 609.2242 and 609.2243 (domestic assault); 609.23 (mistreatment of 
30.24 	persons confined); 609.231 (mistreatment of residents or patients); 609.2325 (criminal 
30.25 	abuse of a vulnerable adult); 609.233 (criminal neglect of a vulnerable adult); 609.2335 
30.26 	(financial exploitation of a vulnerable adult); 609.234 (failure to report maltreatment of a 
30.27 	vulnerable adult); 609.265 (abduction); 609.275 (attempt to coerce); 609.324, subdivision 
30.28 	1a (other prohibited acts; minor engaged in prostitution); 609.33 (disorderly house); 
30.29 	609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child); 
30.30 	609.466 (medical assistance fraud); 609.52 (theft); 609.525 (bringing stolen goods into 
30.31 	Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property); 609.535 (issuance 
30.32 	of dishonored checks); 609.582 (burglary); 609.59 (possession of burglary tools); 609.611 
30.33 	(insurance fraud); 609.631 (check forgery; offering a forged check); 609.66 (dangerous 
30.34 	weapons); 609.71 (riot); 609.72, subdivision 3 (disorderly conduct against a vulnerable 
30.35 	adult); repeat offenses under 609.746 (interference with privacy); 609.749, subdivision 2 
30.36 	(stalking); 609.82 (fraud in obtaining credit); 609.821 (financial transaction card fraud); 
31.1 	617.23 (indecent exposure), not involving a minor; 617.241 (obscene materials and 
31.2 	performances); 617.243 (indecent literature, distribution); 617.293 (harmful materials; 
31.3 	dissemination and display to minors prohibited); or violation of an order for protection 
31.4 	under section 518B.01, subdivision 14.
31.5 	(b) An individual is disqualified under section 245C.14 if less than ten years has 
31.6 	passed since the individual's aiding and abetting, attempt, or conspiracy to commit any 
31.7 	of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota 
31.8 	Statutes.
31.9 	(c) An individual is disqualified under section 245C.14 if less than ten years has 
31.10 	passed since the discharge of the sentence imposed for an offense in any other state or 
31.11 	country, the elements of which are substantially similar to the elements of any of the 
31.12 	offenses listed in paragraph (a).
31.13 	(d) If the individual studied commits one of the offenses listed in paragraph 
31.14 	(a), but the sentence or level of offense is a misdemeanor disposition, the individual 
31.15 	is disqualified but the disqualification lookback period for the offense is the period 
31.16 	applicable to misdemeanors. If the individual studied commits one of the offenses listed in 
31.17 	paragraph (a), but the sentence or level of offense is a felony disposition, the individual 
31.18 	is disqualified, but the disqualification look-back period for the offense is the period 
31.19 	applicable to that felony offense under this section.
31.20 	(e) When a disqualification is based on a judicial determination other than a 
31.21 	conviction, the disqualification period begins from the date of the court order. When a 
31.22 	disqualification is based on an admission, the disqualification period begins from the 
31.23 	date of an admission in court. When a disqualification is based on an Alford Plea, the 
31.24 	disqualification period begins from the date the Alford Plea is entered in court. When 
31.25 	a disqualification is based on a preponderance of evidence of a disqualifying act, the 
31.26 	disqualification date begins from the date of the dismissal, the date of discharge of the 
31.27 	sentence imposed for a conviction for a disqualifying crime of similar elements, or the 
31.28 	date of the incident, whichever occurs last.
31.29 		Subd. 4.Seven-year disqualification. (a) An individual is disqualified under 
31.30 	section 245C.14 if: (1) less than seven years has passed since the discharge of the sentence 
31.31 	imposed, if any, for the offense; and (2) the individual has committed a misdemeanor-level 
31.32 	violation of any of the following offenses: sections 256.98 (wrongfully obtaining 
31.33 	assistance); 268.182 (false representation; concealment of facts); 393.07, subdivision 10, 
31.34 	paragraph (c) (federal Food Stamp Program fraud); 609.21 (criminal vehicular homicide 
31.35 	and injury); 609.221 (assault in the first degree); 609.222 (assault in the second degree); 
31.36 	609.223 (assault in the third degree); 609.2231 (assault in the fourth degree); 609.224 
32.1 	(assault in the fifth degree); 609.2242 (domestic assault); 609.2335 (financial exploitation 
32.2 	of a vulnerable adult); 609.234 (failure to report maltreatment of a vulnerable adult); 
32.3 	609.2672 (assault of an unborn child in the third degree); 609.27 (coercion); violation 
32.4 	of an order for protection under 609.3232 (protective order authorized; procedures; 
32.5 	penalties); 609.466 (medical assistance fraud); 609.52 (theft); 609.525 (bringing stolen 
32.6 	goods into Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property); 
32.7 	609.535 (issuance of dishonored checks); 609.611 (insurance fraud); 609.66 (dangerous 
32.8 	weapons); 609.665 (spring guns); 609.746 (interference with privacy); 609.79 (obscene or 
32.9 	harassing telephone calls); 609.795 (letter, telegram, or package; opening; harassment); 
32.10 	609.82 (fraud in obtaining credit); 609.821 (financial transaction card fraud); 617.23 
32.11 	(indecent exposure), not involving a minor; 617.293 (harmful materials; dissemination 
32.12 	and display to minors prohibited); or violation of an order for protection under section 
32.13 	518B.01 (Domestic Abuse Act).
32.14 	(b) An individual is disqualified under section 245C.14 if less than seven years has 
32.15 	passed since a determination or disposition of the individual's:
32.16 	(1) failure to make required reports under section 626.556, subdivision 3, or 
32.17 	626.557, subdivision 3, for incidents in which: (i) the final disposition under section 
32.18 	626.556 or 626.557 was substantiated maltreatment, and (ii) the maltreatment was 
32.19 	recurring or serious; or
32.20 	(2) substantiated serious or recurring maltreatment of a minor under section 626.556, 
32.21 	a vulnerable adult under section 626.557, or serious or recurring maltreatment in any other 
32.22 	state, the elements of which are substantially similar to the elements of maltreatment under 
32.23 	section 626.556 or 626.557 for which: (i) there is a preponderance of evidence that the 
32.24 	maltreatment occurred, and (ii) the subject was responsible for the maltreatment.
32.25 	(c) An individual is disqualified under section 245C.14 if less than seven years has 
32.26 	passed since the individual's aiding and abetting, attempt, or conspiracy to commit any 
32.27 	of the offenses listed in paragraphs (a) and (b), as each of these offenses is defined in 
32.28 	Minnesota Statutes.
32.29 	(d) An individual is disqualified under section 245C.14 if less than seven years has 
32.30 	passed since the discharge of the sentence imposed for an offense in any other state or 
32.31 	country, the elements of which are substantially similar to the elements of any of the 
32.32 	offenses listed in paragraphs (a) and (b).
32.33 	(e) When a disqualification is based on a judicial determination other than a 
32.34 	conviction, the disqualification period begins from the date of the court order. When a 
32.35 	disqualification is based on an admission, the disqualification period begins from the 
32.36 	date of an admission in court. When a disqualification is based on an Alford Plea, the 
33.1 	disqualification period begins from the date the Alford Plea is entered in court. When 
33.2 	a disqualification is based on a preponderance of evidence of a disqualifying act, the 
33.3 	disqualification date begins from the date of the dismissal, the date of discharge of the 
33.4 	sentence imposed for a conviction for a disqualifying crime of similar elements, or the 
33.5 	date of the incident, whichever occurs last.
33.6 	(f) An individual is disqualified under section 245C.14 if less than seven years has 
33.7 	passed since the individual was disqualified under section 256.98, subdivision 8.
33.8 	(g) If the individual studied commits one of the offenses listed in paragraph (a), 
33.9 	but the sentence or level of offense is a gross misdemeanor or felony disposition, the 
33.10 	individual is disqualified, but the disqualification look-back period for the offense is the 
33.11 	period applicable to that gross misdemeanor or felony offense under this section.
33.12 		Subd. 5.Mental illness. The commissioner may not disqualify an individual subject 
33.13 	to a background study under this chapter because that individual has, or has had, a mental 
33.14 	illness as defined in section 245.462, subdivision 20.

33.15 	Sec. 24. Minnesota Statutes 2010, section 245C.16, subdivision 1, is amended to read:
33.16 		Subdivision 1.Determining immediate risk of harm. (a) If the commissioner 
33.17 	determines that the individual studied has a disqualifying characteristic, the commissioner 
33.18 	shall review the information immediately available and make a determination as to the 
33.19 	subject's immediate risk of harm to persons served by the program where the individual 
33.20 	studied will have direct contact with, or access to, people receiving services.
33.21 	(b) The commissioner shall consider all relevant information available, including the 
33.22 	following factors in determining the immediate risk of harm:
33.23 	(1) the recency of the disqualifying characteristic;
33.24 	(2) the recency of discharge from probation for the crimes;
33.25 	(3) the number of disqualifying characteristics;
33.26 	(4) the intrusiveness or violence of the disqualifying characteristic;
33.27 	(5) the vulnerability of the victim involved in the disqualifying characteristic;
33.28 	(6) the similarity of the victim to the persons served by the program where the 
33.29 	individual studied will have direct contact;
33.30 	(7) whether the individual has a disqualification from a previous background study 
33.31 	that has not been set aside; and
33.32 	(8) if the individual has a disqualification which may not be set aside because it is 
33.33 	a permanent bar under section 245C.24, subdivision 1, the commissioner may order the 
33.34 	immediate removal of the individual from any position allowing direct contact with, or 
33.35 	access to, persons receiving services from the program.
34.1 	(c) This section does not apply when the subject of a background study is regulated 
34.2 	by a health-related licensing board as defined in chapter 214, and the subject is determined 
34.3 	to be responsible for substantiated maltreatment under section 626.556 or 626.557.
34.4 	(d) This section does not apply to a background study related to an initial application 
34.5 	for a child foster care license.
34.6 	(e) This section does not apply to background studies that are also subject to the 
34.7 	requirements under section 256B.0659, subdivisions 11 and 13, for personal care assistants 
34.8 	and qualified professionals as defined in section 256B.0659, subdivision 1.
34.9 	(e) (f) If the commissioner has reason to believe, based on arrest information or an 
34.10 	active maltreatment investigation, that an individual poses an imminent risk of harm to 
34.11 	persons receiving services, the commissioner may order that the person be continuously 
34.12 	supervised or immediately removed pending the conclusion of the maltreatment 
34.13 	investigation or criminal proceedings.

34.14 	Sec. 25. Minnesota Statutes 2010, section 245C.17, subdivision 2, is amended to read:
34.15 		Subd. 2.Disqualification notice sent to subject. (a) If the information in the study 
34.16 	indicates the individual is disqualified from direct contact with, or from access to, persons 
34.17 	served by the program, the commissioner shall disclose to the individual studied:
34.18 	(1) the information causing disqualification;
34.19 	(2) instructions on how to request a reconsideration of the disqualification;
34.20 	(3) an explanation of any restrictions on the commissioner's discretion to set aside 
34.21 	the disqualification under section 245C.24, when applicable to the individual;
34.22 	(4) a statement that, if the individual's disqualification is set-aside under section 
34.23 	245C.22, the applicant, license holder, or other entity that initiated the background study 
34.24 	will be provided with the reason for the individual's disqualification and an explanation 
34.25 	that the factors under section 245C.22, subdivision 4, which were the basis of the decision 
34.26 	to set aside the disqualification shall be made available to the license holder upon request 
34.27 	without the consent of the subject of the background study;
34.28 	(4) (5) a statement indicating that if the individual's disqualification is set aside or 
34.29 	the facility is granted a variance under section 245C.30, the individual's identity and the 
34.30 	reason for the individual's disqualification will become public data under section 245C.22, 
34.31 	subdivision 7, when applicable to the individual; and
34.32 	(6) a statement that when a subsequent background study is initiated on the 
34.33 	individual following a set aside of the individual's disqualification, and the commissioner 
34.34 	makes a determination under section 245C.22, subdivision 5, paragraph (b), that the 
34.35 	previous set-aside applies to the subsequent background study, the applicant, license 
35.1 	holder, or other entity that initiated the background study will be informed in the notice 
35.2 	under section 245C.22, subdivision 5, paragraph (c):
35.3 	(i) of the reason for the individual's disqualification;
35.4 	(ii) that the individual's disqualification is set aside for that program or agency; and
35.5 	(iii) that information about the factors under section 245C.22, subdivision 4, that 
35.6 	were the basis of the decision to set aside the disqualification are available to the license 
35.7 	holder upon request without the consent of the background study subject; and
35.8 	(5) (7) the commissioner's determination of the individual's immediate risk of harm 
35.9 	under section 245C.16.
35.10 	(b) If the commissioner determines under section 245C.16 that an individual poses 
35.11 	an imminent risk of harm to persons served by the program where the individual will have 
35.12 	direct contact with, or access to, people receiving services, the commissioner's notice must 
35.13 	include an explanation of the basis of this determination.
35.14 	(c) If the commissioner determines under section 245C.16 that an individual studied 
35.15 	does not pose a risk of harm that requires immediate removal, the individual shall be 
35.16 	informed of the conditions under which the agency that initiated the background study 
35.17 	may allow the individual to have direct contact with, or access to, people receiving 
35.18 	services, as provided under subdivision 3.

35.19 	Sec. 26. Minnesota Statutes 2010, section 245C.22, subdivision 5, is amended to read:
35.20 		Subd. 5.Scope of set-aside. (a) If the commissioner sets aside a disqualification 
35.21 	under this section, the disqualified individual remains disqualified, but may hold a license 
35.22 	and have direct contact with or access to persons receiving services.  Except as provided 
35.23 	in paragraph (b), the commissioner's set-aside of a disqualification is limited solely 
35.24 	to the licensed program, applicant, or agency specified in the set aside notice under 
35.25 	section 245C.23, unless otherwise specified in the notice. For personal care provider 
35.26 	organizations, the commissioner's set-aside may further be limited to a specific individual 
35.27 	who is receiving services. For new background studies required under section 245C.04, 
35.28 	subdivision 1, paragraph (i), if an individual's disqualification was previously set aside for 
35.29 	the license holder's program and the new background study results in no new information 
35.30 	that indicates the individual may pose a risk of harm to persons receiving services from 
35.31 	the license holder, the previous set-aside shall remain in effect.
35.32 	(b) If the commissioner has previously set aside an individual's disqualification 
35.33 	for one or more programs or agencies, and the individual is the subject of a subsequent 
35.34 	background study for a different program or agency, the commissioner shall determine 
35.35 	whether the disqualification is set aside for the program or agency that initiated the 
36.1 	subsequent background study. A notice of a set-aside under paragraph (c) shall be issued 
36.2 	within 15 working days if all of the following criteria are met:
36.3 	(1) the subsequent background study was initiated in connection with a program 
36.4 	licensed or regulated under the same provisions of law and rule for at least one program 
36.5 	for which the individual's disqualification was previously set aside by the commissioner;
36.6 	(2) the individual is not disqualified for an offense specified in section 245C.15, 
36.7 	subdivision 1 or 2;
36.8 	(3) the commissioner has received no new information to indicate that the individual 
36.9 	may pose a risk of harm to any person served by the program; and
36.10 	(4) the previous set aside was not limited to a specific person receiving services.
36.11 	(c) When a disqualification is set aside under paragraph (b), the notice of background 
36.12 	study results issued under section 245C.17, in addition to the requirements under section 
36.13 	245C.17, shall state that the disqualification is set aside for the program or agency that 
36.14 	initiated the subsequent background study. The notice must inform the individual that the 
36.15 	individual may request reconsideration of the disqualification under section 245C.21 on 
36.16 	the basis that the information used to disqualify the individual is incorrect.

36.17 	Sec. 27. Minnesota Statutes 2010, section 245C.24, subdivision 2, is amended to read:
36.18 		Subd. 2.Permanent bar to set aside a disqualification. (a) Except as otherwise 
36.19 	provided in paragraph (b) this section, the commissioner may not set aside the 
36.20 	disqualification of any individual disqualified pursuant to this chapter, regardless of how 
36.21 	much time has passed, if the individual was disqualified for a crime or conduct listed in 
36.22 	section 245C.15, subdivision 1.
36.23 	(b) For an individual in the chemical dependency or corrections field who was 
36.24 	disqualified for a crime or conduct listed under section 245C.15, subdivision 1, and whose 
36.25 	disqualification was set aside prior to July 1, 2005, the commissioner must consider 
36.26 	granting a variance pursuant to section 245C.30 for the license holder for a program 
36.27 	dealing primarily with adults. A request for reconsideration evaluated under this paragraph 
36.28 	must include a letter of recommendation from the license holder that was subject to the 
36.29 	prior set-aside decision addressing the individual's quality of care to children or vulnerable 
36.30 	adults and the circumstances of the individual's departure from that service.
36.31 	(c) When a licensed foster care provider adopts an individual who had received 
36.32 	foster care services from the provider for over six months, and the adopted individual is 
36.33 	required to receive a background study under section 245C.03, subdivision 1, paragraph 
36.34 	(a), clause (2) or (6), the commissioner may grant a variance to the license holder under 
36.35 	section 245C.30 to permit the adopted individual with a permanent disqualification 
37.1 	to remain affiliated with the license holder under the conditions of the variance when 
37.2 	the variance is recommended by the county of responsibility for each of the remaining 
37.3 	individuals in placement in the home and the licensing agency for the home.
37.4 	(d) For background studies related to an application or license to provide child 
37.5 	foster care for a specific child or children related to the applicant or license holder, the 
37.6 	commissioner shall consider granting a variance under section 245C.30 to an individual 
37.7 	with a disqualification under section 245C.15, subdivision 1. The variance shall be limited 
37.8 	to the specific child or children related to the applicant or license holder.
37.9 	(e) When a background study is required on a child foster care provider's former 
37.10 	recipient of foster care services because the former recipient of foster care services 
37.11 	returns for occasional overnight visits or temporarily resides with the foster parents, the 
37.12 	commissioner shall consider granting a variance under section 245C.30 related to the 
37.13 	former foster care recipient with a disqualification under section 245C.15, subdivision 1.

37.14 	Sec. 28. Minnesota Statutes 2010, section 245C.28, subdivision 1, is amended to read:
37.15 		Subdivision 1.License holder. (a) If a maltreatment determination or a 
37.16 	disqualification for which reconsideration was requested and which was not set aside is 
37.17 	the basis for a denial of a license under section 245A.05 or a licensing sanction under 
37.18 	section 245A.07, the license holder has the right to a contested case hearing under chapter 
37.19 	14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The license holder must submit 
37.20 	the appeal under section 245A.05 or 245A.07, subdivision 3.
37.21 	(b) As provided under section 245A.08, subdivision 2a, if the denial of a license or 
37.22 	licensing sanction is based on a disqualification for which reconsideration was requested 
37.23 	and was not set aside, the scope of the consolidated contested case hearing must include:
37.24 	(1) the disqualification, to the extent the license holder otherwise has a hearing right 
37.25 	on the disqualification under this chapter; and
37.26 	(2) the licensing sanction or denial of a license.
37.27 	(c) As provided for under section 245A.08, subdivision 2a, if the denial of a license 
37.28 	or licensing sanction is based on a determination of maltreatment under section 626.556
37.29 	or 626.557, or a disqualification for serious or recurring maltreatment which was not set 
37.30 	aside, the scope of the contested case hearing must include:
37.31 	(1) the maltreatment determination, if the maltreatment is not conclusive under 
37.32 	section 245C.29;
37.33 	(2) the disqualification, if the disqualification is not conclusive under section 
37.34 	245C.29; and
38.1 	(3) the licensing sanction or denial of a license. In such cases, a fair hearing must not 
38.2 	be conducted under section 256.045. If the disqualification was based on a determination 
38.3 	of substantiated serious or recurring maltreatment under section 626.556 or 626.557, the 
38.4 	appeal must be submitted under sections 245A.07, subdivision 3, and 626.556, subdivision 
38.5 	10i, or 626.557, subdivision 9d.
38.6 	(d) Except for family child care and child foster care, reconsideration of a 
38.7 	maltreatment determination under sections 626.556, subdivision 10i, and 626.557, 
38.8 	subdivision 9d, and reconsideration of a disqualification under section 245C.22, must 
38.9 	not be conducted when:
38.10 	(1) a denial of a license under section 245A.05, or a licensing sanction under section 
38.11 	245A.07, is based on a determination that the license holder is responsible for maltreatment 
38.12 	or the disqualification of a license holder based on serious or recurring maltreatment;
38.13 	(2) the denial of a license or licensing sanction is issued at the same time as the 
38.14 	maltreatment determination or disqualification; and
38.15 	(3) the license holder appeals the maltreatment determination, disqualification, and 
38.16 	denial of a license or licensing sanction. In such cases a fair hearing under section 256.045
38.17 	must not be conducted under sections 245C.27, 626.556, subdivision 10i, and 626.557, 
38.18 	subdivision 9d. Under section 245A.08, subdivision 2a, the scope of the consolidated 
38.19 	contested case hearing must include the maltreatment determination, disqualification, and 
38.20 	denial of a license or licensing sanction.
38.21 	Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment 
38.22 	determination or disqualification, but does not appeal the denial of a license or a licensing 
38.23 	sanction, reconsideration of the maltreatment determination shall be conducted under 
38.24 	sections 626.556, subdivision 10i, and 626.557, subdivision 9d, and reconsideration of the 
38.25 	disqualification shall be conducted under section 245C.22. In such cases, a fair hearing 
38.26 	shall also be conducted as provided under sections 245C.27, 626.556, subdivision 10i, and 
38.27 	626.557, subdivision 9d.
38.28 	(e) The scope of the consolidated contested case hearing under this section relating 
38.29 	to a disqualification does not include the issue of whether the commissioner was required 
38.30 	to seal agency records pursuant to a district court order or other applicable law.

38.31 	Sec. 29. Minnesota Statutes 2010, section 245C.28, subdivision 3, is amended to read:
38.32 		Subd. 3.Employees of public employer. (a) A disqualified individual who is an 
38.33 	employee of an employer, as defined in section 179A.03, subdivision 15, may request 
38.34 	a contested case hearing under chapter 14 following a reconsideration decision under 
38.35 	section 245C.23, unless the disqualification is deemed conclusive under section 245C.29. 
39.1 	The request for a contested case hearing must be made in writing and must be postmarked 
39.2 	and sent within 30 calendar days after the employee receives notice of the reconsideration 
39.3 	decision. If the individual was disqualified based on a conviction or admission to any 
39.4 	crimes listed in section 245C.15, the scope of the contested case hearing shall be limited 
39.5 	solely to whether the individual poses a risk of harm pursuant to section 245C.22.
39.6 	(b) When an individual is disqualified based on a maltreatment determination, the 
39.7 	scope of the contested case hearing under paragraph (a), must include the maltreatment 
39.8 	determination and the disqualification. In such cases, a fair hearing must not be conducted 
39.9 	under section 256.045.
39.10 	(c) Rules adopted under this chapter may not preclude an employee in a contested 
39.11 	case hearing for a disqualification from submitting evidence concerning information 
39.12 	gathered under this chapter.
39.13 	(d) When an individual has been disqualified from multiple licensed programs, if 
39.14 	at least one of the disqualifications entitles the person to a contested case hearing under 
39.15 	this subdivision, the scope of the contested case hearing shall include all disqualifications 
39.16 	from licensed programs.
39.17 	(e) In determining whether the disqualification should be set aside, the administrative 
39.18 	law judge shall consider all of the characteristics that cause the individual to be disqualified 
39.19 	in order to determine whether the individual poses a risk of harm. The administrative law 
39.20 	judge's recommendation and the commissioner's order to set aside a disqualification that is 
39.21 	the subject of the hearing constitutes a determination that the individual does not pose a 
39.22 	risk of harm and that the individual may provide direct contact services in the individual 
39.23 	program specified in the set aside.
39.24 	(f) The scope of the consolidated contested case hearing under this section relating 
39.25 	to a disqualification does not include the issue of whether the commissioner was required 
39.26 	to seal agency records pursuant to a district court order or other applicable law.

39.27 	Sec. 30. Minnesota Statutes 2010, section 245C.29, subdivision 2, is amended to read:
39.28 		Subd. 2.Conclusive disqualification determination. (a) Unless otherwise 
39.29 	specified in statute, a determination that: disqualification is conclusive for current and 
39.30 	future background studies if the disqualification is based on
39.31 	(1) the information the commissioner relied upon to disqualify an individual under 
39.32 	section 245C.14 was correct based on serious or recurring maltreatment; as defined 
39.33 	in section 245C.02,
39.34 	(2) a preponderance of the evidence shows showing that the individual committed an 
39.35 	act or acts that meet the definition of any of the crimes listed in section 245C.15;, or 
40.1 	(3) the individual failed individual's failure to make required reports under section 
40.2 	626.556, subdivision 3, or 626.557, subdivision 3, is conclusive if and: 
40.3 	(i) (1) the commissioner has issued a final order in an appeal of that determination
40.4 	the disqualification under section 245A.08, subdivision 5, or 256.045, or a court has 
40.5 	issued a final decision; 
40.6 	(ii) (2) the individual did not request reconsideration of the disqualification under 
40.7 	section 245C.21 on the basis that the information relied upon to disqualify the subject 
40.8 	was incorrect; or 
40.9 	(iii) (3) the individual did not timely request a hearing on the disqualification under 
40.10 	section 256.045 or chapter 14. 
40.11 	(b) When a licensing action under section 245A.05, 245A.06, or 245A.07 is based 
40.12 	on the disqualification of an individual in connection with a license to provide family child 
40.13 	care, foster care for children in the provider's own home, or foster care services for adults 
40.14 	in the provider's own home, that disqualification shall be conclusive for purposes of the 
40.15 	licensing action if a request for reconsideration was not submitted within 30 calendar days 
40.16 	of the individual's receipt of the notice of disqualification. 
40.17 	(c) If a determination that the information relied upon to disqualify an individual 
40.18 	was correct and disqualification is conclusive under this section, and the individual 
40.19 	is subsequently disqualified under section 245C.15, the individual has a right to request 
40.20 	reconsideration on the risk of harm under section 245C.21. Subsequent determinations 
40.21 	regarding the risk of harm The commissioner's decision on reconsideration shall be made 
40.22 	according to section 245C.22 and are not subject to another the final agency decision and 
40.23 	not subject to a hearing under section 256.045 or chapter 14. 

40.24 	Sec. 31. Minnesota Statutes 2010, section 256.045, subdivision 3b, is amended to read:
40.25 		Subd. 3b.Standard of evidence for maltreatment and disqualification hearings.
 40.26 	(a) The state human services referee shall determine that maltreatment has occurred if a 
40.27 	preponderance of evidence exists to support the final disposition under sections 626.556 
40.28 	and 626.557. For purposes of hearings regarding disqualification, the state human services 
40.29 	referee shall affirm the proposed disqualification in an appeal under subdivision 3, 
40.30 	paragraph (a), clause (9), if a preponderance of the evidence shows the individual has:
40.31 	(1) committed maltreatment under section 626.556 or 626.557, which is serious or 
40.32 	recurring;
40.33 	(2) committed an act or acts meeting the definition of any of the crimes listed in 
40.34 	section 245C.15, subdivisions 1 to 4; or
41.1 	(3) failed to make required reports under section 626.556 or 626.557, for incidents 
41.2 	in which the final disposition under section 626.556 or 626.557 was substantiated 
41.3 	maltreatment that was serious or recurring.
41.4 	(b) If the disqualification is affirmed, the state human services referee shall 
41.5 	determine whether the individual poses a risk of harm in accordance with the requirements 
41.6 	of section 245C.22, and whether the disqualification should be set aside or not set aside. 
41.7 	In determining whether the disqualification should be set aside, the human services 
41.8 	referee shall consider all of the characteristics that cause the individual to be disqualified, 
41.9 	including those characteristics that were not subject to review under paragraph (a), in 
41.10 	order to determine whether the individual poses a risk of harm. A decision to set aside 
41.11 	a disqualification that is the subject of the hearing constitutes a determination that the 
41.12 	individual does not pose a risk of harm and that the individual may provide direct contact 
41.13 	services in the individual program specified in the set aside. If a determination that the 
41.14 	information relied upon to disqualify an individual was correct and is conclusive under 
41.15 	section 245C.29, and the individual is subsequently disqualified under section 245C.14, 
41.16 	the individual has a right to again request reconsideration on the risk of harm under section 
41.17 	245C.21. Subsequent determinations regarding risk of harm are not subject to another 
41.18 	hearing under this section.
41.19 	(c) If a disqualification is based solely on a conviction or is conclusive for any 
41.20 	reason under section 245C.29, the disqualified individual does not have a hearing right 
41.21 	under this section.
41.22 	(d) The scope of review for disqualification hearings under this section does 
41.23 	not include the issue of whether the commissioner was required to seal agency records 
41.24 	pursuant to a district court order or other applicable law.
41.25 	(c) (e) The state human services referee shall recommend an order to the 
41.26 	commissioner of health, education, or human services, as applicable, who shall issue a 
41.27 	final order. The commissioner shall affirm, reverse, or modify the final disposition. Any 
41.28 	order of the commissioner issued in accordance with this subdivision is conclusive upon 
41.29 	the parties unless appeal is taken in the manner provided in subdivision 7. In any licensing 
41.30 	appeal under chapters 245A and 245C and sections 144.50 to 144.58 and 144A.02 to 
41.31 	144A.46, the commissioner's determination as to maltreatment is conclusive, as provided 
41.32 	under section 245C.29.

41.33 	Sec. 32. REVISOR'S INSTRUCTION.
 42.1 	The revisor shall renumber Minnesota Statutes, section 245B.05, subdivision 4, as 
42.2 	Minnesota Statutes, section 245A.04, subdivision 2a. The revisor shall make necessary 
42.3 	cross-reference changes to effectuate this renumbering.

42.4 	ARTICLE 3
42.5 	SOCIAL WORKER LICENSING

42.6 	Section 1. Minnesota Statutes 2010, section 148E.055, subdivision 1, is amended to 
42.7 	read:
42.8 		Subdivision 1.License required. (a) In order to practice social work, an individual 
42.9 	must have a social work license under this section or section 148E.060, except when the 
42.10 	individual is exempt from licensure according to section 148E.065.
42.11 	(b) Individuals who teach professional social work knowledge, skills, and values to 
42.12 	students and who have a social work degree from a program accredited by the Council 
42.13 	on Social Work Education, the Canadian Association of Schools of Social Work, or a 
42.14 	similar accreditation accrediting body designated by the board must have a social work 
42.15 	license under this section or section 148E.060, except when the individual is exempt from 
42.16 	licensure according to section 148E.065.
42.17 	(c) An individual who is newly employed on or after July 1, 2015, by a city or state 
42.18 	agency must be licensed if the individual who provides social work services as those 
42.19 	services are defined in section 148E.010, subdivision 11, paragraph (b), is presented to the 
42.20 	public by any title incorporating the words "social work" or "social worker."

42.21 	EFFECTIVE DATE. This section is effective August 1, 2011.

42.22 	Sec. 2. [148E.0555] LICENSE REQUIREMENTS; GRANDFATHERING.
42.23 		Subdivision 1.Grandfathering period. (a) The board shall issue a license to an 
42.24 	applicant who meets all the requirements in this section and has submitted a completed, 
42.25 	signed application and the required fee between January 1, 2012, and December 31, 2013.
42.26 	(b) If the applicant does not provide all of the information requested by the board 
42.27 	by December 31, 2014, the applicant is considered ineligible and the application for 
42.28 	licensure is closed.
42.29 		Subd. 2.Eligible agency personnel. When submitting the application for licensure, 
42.30 	the applicant must provide evidence satisfactory to the board that the applicant is currently 
42.31 	employed by a:
42.32 	(1) Minnesota city or state agency, and:
43.1 	(i) at any time within three years of the date of submitting an application for 
43.2 	licensure was presented to the public by any title incorporating the words "social work" or 
43.3 	"social worker," while employed by that agency for a minimum of six months; or
43.4 	(ii) at any time within three years of the date of submitting an application for 
43.5 	licensure was engaged in the practice of social work, including clinical social work, as 
43.6 	described in section 148E.010, subdivisions 6 and 11, while employed by that agency 
43.7 	for a minimum of six months; or
43.8 	(2) private nonprofit, nontribal agency whose primary service focus addresses ethnic 
43.9 	minority populations, and the applicant is a member of an ethnic minority population 
43.10 	within the agency, previously exempt from licensure under sections 148D.065, subdivision 
43.11 	5, and 148E.065, subdivision 5, and:
43.12 	(i) at any time within three years of the date of submitting an application for 
43.13 	licensure was presented to the public by any title incorporating the words "social work" or 
43.14 	"social worker," while employed by that agency for a minimum of six months; or
43.15 	(ii) at any time within three years of the date of submitting an application for 
43.16 	licensure was engaged in the practice of social work, including clinical social work, as 
43.17 	described under section 148E.010, subdivisions 6 and 11, while employed by that agency 
43.18 	for a minimum of six months.
43.19 		Subd. 3.Qualifications during grandfathering for licensure as LSW. (a) To 
43.20 	be licensed as a licensed social worker, an applicant for licensure under this section 
43.21 	must provide evidence satisfactory to the board that the individual has completed a 
43.22 	baccalaureate degree:
43.23 	(1) in social work from a program accredited by the Council on Social Work 
43.24 	Education, the Canadian Association of Schools of Social Work, or a similar accrediting 
43.25 	body designated by the board; or
43.26 	(2) in psychology, sociology, human services, or social/behavioral sciences from an 
43.27 	accredited college or university; or
43.28 	(3) with a major in any field from an accredited college or university, and one year of 
43.29 	experience in the practice of social work as described in section 148E.010, subdivision 11.
43.30 	(b) To be licensed as a licensed social worker, an applicant for licensure under this 
43.31 	section must provide evidence satisfactory to the board that the individual has:
43.32 	(1) submitted a completed, signed application and the license fee in section 
43.33 	148E.180; 
43.34 	(2) for applications submitted electronically, provided an attestation as specified 
43.35 	by the board;
44.1 	(3) submitted the criminal background check fee and a form provided by the board 
44.2 	authorizing a criminal background check;
44.3 	(4) paid the applicable license fee in section 148E.180; and
44.4 	(5) not engaged in conduct that was or would be in violation of the standards of 
44.5 	practice specified in sections 148D.195 to 148D.240 and 148E.195 to 148E.240. If the 
44.6 	applicant has engaged in conduct that was or would be in violation of the standards of 
44.7 	practice, the board may take action according to sections 148E.255 to 148E.270.
44.8 	(c) An application that is not completed and signed, or that is not accompanied by 
44.9 	the correct license fee, must be returned to the applicant, along with any fee submitted, 
44.10 	and is void.
44.11 	(d) By submitting an application for licensure, an applicant authorizes the board to 
44.12 	investigate any information provided or requested in the application. The board may 
44.13 	request that the applicant provide additional information, verification, or documentation.
44.14 	(e) Within one year of the time the board receives an application for licensure, the 
44.15 	applicant must meet all the requirements and provide all of the information requested by 
44.16 	the board according to paragraphs (a) and (b).
44.17 	(f) Prelicensure supervised practice hours may be applied to meet the requirements 
44.18 	of this section. Hours obtained prior to August 1, 2011, must meet the supervised practice 
44.19 	requirements in sections 148D.100 to 148D.125, and hours obtained on or after August 1, 
44.20 	2011, must meet the supervised practice requirements in sections 148E.100 to 148E.125.
44.21 	(g) In addition to the required supervisors listed in sections 148D.120 and 148E.120, 
44.22 	an alternate supervisor may include a qualified professional who has a bachelor's or 
44.23 	graduate degree, and the authority to direct the practice of the applicant, including but 
44.24 	not limited to an agency director, or agency or consulting supervisor, as determined 
44.25 	appropriate by the board.
44.26 	(h) Unless completed at the time of application for licensure, a licensee granted a 
44.27 	license by the board under this section must meet the supervised practice requirements 
44.28 	in sections 148E.100 to 148E.125. If a licensee does not meet the supervised practice 
44.29 	requirements, the board may take action according to sections 148E.255 to 148E.270.
44.30 		Subd. 4.Qualifications during grandfathering for licensure as LGSW. (a) To 
44.31 	be licensed as a licensed graduate social worker, an applicant for licensure under this 
44.32 	section must provide evidence satisfactory to the board that the individual has completed 
44.33 	a graduate degree:
44.34 	(1) in social work from a program accredited by the Council on Social Work 
44.35 	Education, the Canadian Association of Schools of Social Work, or a similar accrediting 
44.36 	body designated by the board; or
45.1 	(2) in psychology, sociology, marriage and family therapy, human services, or 
45.2 	social/behavioral sciences from an accredited college or university; or
45.3 	(3) with a major in any field from an accredited college or university, and one year 
45.4 	of experience in the practice of social work as described in section 148E.010, subdivisions 
45.5 	6 and 11.
45.6 	(b) To be licensed as a licensed graduate social worker, an applicant for licensure 
45.7 	under this section must provide evidence satisfactory to the board that the individual has:
45.8 	(1) submitted a completed, signed application and the license fee in section 
45.9 	148E.180;
45.10 	(2) for applications submitted electronically, provided an attestation as specified 
45.11 	by the board;
45.12 	(3) submitted the criminal background check fee and a form provided by the board 
45.13 	authorizing a criminal background check;
45.14 	(4) paid the applicable license fee in section 148E.180; and
45.15 	(5) not engaged in conduct that was or would be in violation of the standards of 
45.16 	practice specified in sections 148D.195 to 148D.240 and 148E.195 to 148E.240. If the 
45.17 	applicant has engaged in conduct that was or would be in violation of the standards of 
45.18 	practice, the board may take action according to sections 148E.255 to 148E.270.
45.19 	(c) An application that is not completed and signed, or that is not accompanied by 
45.20 	the correct license fee, must be returned to the applicant, along with any fee submitted, 
45.21 	and is void.
45.22 	(d) By submitting an application for licensure, an applicant authorizes the board to 
45.23 	investigate any information provided or requested in the application. The board may 
45.24 	request that the applicant provide additional information, verification, or documentation.
45.25 	(e) Within one year of the time the board receives an application for licensure, the 
45.26 	applicant must meet all the requirements and provide all of the information requested by 
45.27 	the board according to paragraphs (a) and (b).
45.28 	(f) Prelicensure supervised practice hours may be applied to meet the requirements 
45.29 	of this section. Hours obtained prior to August 1, 2011, must meet the supervised practice 
45.30 	requirements in sections 148D.100 to 148D.125, and hours obtained on or after August 1, 
45.31 	2011, must meet the supervised practice requirements in sections 148E.100 to 148E.125.
45.32 	(g) In addition to the required supervisors listed in sections 148D.120 and 148E.120, 
45.33 	an alternate supervisor of nonclinical practice may include a qualified professional who 
45.34 	has a bachelor's or graduate degree, and the authority to direct the practice of the applicant, 
45.35 	including but not limited to an agency director, or agency or consulting supervisor, as 
45.36 	determined appropriate by the board.
46.1 	(h) Unless completed at the time of application for licensure, a licensee granted a 
46.2 	license by the board under this section must meet the supervised practice requirements 
46.3 	specified in sections 148E.100 to 148E.125. If a licensee does not meet the supervised 
46.4 	practice requirements, the board may take action according to sections 148E.255 to 
46.5 	148E.270.
46.6 		Subd. 5.Qualifications during grandfathering for licensure as LISW. (a) To be 
46.7 	licensed as a licensed independent social worker, an applicant for licensure under this 
46.8 	section must provide evidence satisfactory to the board that the individual has completed 
46.9 	a graduate degree:
46.10 	(1) in social work from a program accredited by the Council on Social Work 
46.11 	Education, the Canadian Association of Schools of Social Work, or a similar accrediting 
46.12 	body designated by the board; or
46.13 	(2) in psychology, sociology, marriage and family therapy, human services, or 
46.14 	social/behavioral sciences from an accredited college or university; or
46.15 	(3) with a major in any field from an accredited college or university, and one year 
46.16 	of experience in the practice of social work according to section 148E.010, subdivision 11.
46.17 	(b) To be licensed as a licensed independent social worker, an applicant for licensure 
46.18 	under this section must provide evidence satisfactory to the board that the individual has:
46.19 	(1) practiced social work as defined in section 148E.010, subdivision 11, and has 
46.20 	met the supervised practice requirements as follows: (i) for hours obtained prior to 
46.21 	August 1, 2011, has met the requirements in sections 148D.100 to 148D.125; (ii) for 
46.22 	hours obtained after August 1, 2011, has met the requirements in sections 148E.100 to 
46.23 	148E.125; and (iii) in addition to the supervisors listed in section 148D.120 or 148E.120, 
46.24 	an alternate supervisor of nonclinical practice may include a qualified professional who 
46.25 	has a bachelor's or graduate degree and the authority to direct the practice of the applicant, 
46.26 	including but not limited to an agency director, or agency or consulting supervisor as 
46.27 	determined by the board.
46.28 	(2) submitted a completed, signed application and the license fee in section 
46.29 	148E.180; 
46.30 	(3) for applications submitted electronically, provided an attestation as specified 
46.31 	by the board;
46.32 	(4) submitted the criminal background check fee and a form provided by the board 
46.33 	authorizing a criminal background check;
46.34 	(5) paid the applicable license fee specified in section 148E.180; and
46.35 	(6) not engaged in conduct that was or would be in violation of the standards of 
46.36 	practice specified in sections 148D.195 to 148D.240 and 148E.195 to 148E.240. If the 
47.1 	applicant has engaged in conduct that was or would be in violation of the standards of 
47.2 	practice, the board may take action according to sections 148E.255 to 148E.270.
47.3 	(c) An application that is not completed, signed, and accompanied by the correct 
47.4 	license fee, must be returned to the applicant, along with any fee submitted, and is void.
47.5 	(d) By submitting an application for licensure, an applicant authorizes the board to 
47.6 	investigate any information provided or requested in the application. The board may 
47.7 	request that the applicant provide additional information, verification, or documentation.
47.8 	(e) Within one year of the time the board receives an application for licensure, the 
47.9 	applicant must meet all the requirements and provide all of the information requested by 
47.10 	the board according to paragraphs (a) and (b).
47.11 	(f) Upon licensure, a licensed independent social worker who practices clinical 
47.12 	social work must meet the supervised practice requirements specified in sections 148E.100 
47.13 	to 148E.125. If a licensee does not meet the supervised practice requirements, the board 
47.14 	may take action according to sections 148E.255 to 148E.270.
47.15 		Subd. 6.Qualifications during grandfathering for licensure as LICSW. (a) To be 
47.16 	licensed as a licensed independent clinical social worker, an applicant for licensure under 
47.17 	this section must provide evidence satisfactory to the board that the individual has:
47.18 	(1) completed a graduate degree in social work from a program accredited by the 
47.19 	Council on Social Work Education, the Canadian Association of Schools of Social Work, 
47.20 	or a similar accrediting body designated by the board; or
47.21 	(2) completed a graduate degree and is a mental health professional according to 
47.22 	section 245.462, subdivision 18, clauses (1) to (6).
47.23 	(b) To be licensed as a licensed independent clinical social worker, an applicant 
47.24 	for licensure under this section must provide evidence satisfactory to the board that the 
47.25 	individual has:
47.26 	(1) practiced clinical social work as defined in section 148E.010, subdivision 6, 
47.27 	including both diagnosis and treatment, and has met the supervised practice requirements 
47.28 	specified in sections 148E.100 to 148E.125, excluding the 1,800 hours of direct clinical 
47.29 	client contact specified in section 148E.115, subdivision 1, except that supervised practice 
47.30 	hours obtained prior to August 1, 2011, must meet the requirements in sections 148D.100 
47.31 	to 148D.125;
47.32 	(2) submitted a completed, signed application and the license fee in section 
47.33 	148E.180;
47.34 	(3) for applications submitted electronically, provided an attestation as specified 
47.35 	by the board;
48.1 	(4) submitted the criminal background check fee and a form provided by the board 
48.2 	authorizing a criminal background check;
48.3 	(5) paid the license fee in section 148E.180; and
48.4 	(6) not engaged in conduct that was or would be in violation of the standards of 
48.5 	practice specified in sections 148D.195 to 148D.240 and 148E.195 to 148E.240. If the 
48.6 	applicant has engaged in conduct that was or would be in violation of the standards of 
48.7 	practice, the board may take action according to sections 148E.255 to 148E.270.
48.8 	(c) An application which is not completed, signed, and accompanied by the correct 
48.9 	license fee, must be returned to the applicant, along with any fee submitted, and is void.
48.10 	(d) By submitting an application for licensure, an applicant authorizes the board to 
48.11 	investigate any information provided or requested in the application. The board may 
48.12 	request that the applicant provide additional information, verification, or documentation.
48.13 	(e) Within one year of the time the board receives an application for licensure, the 
48.14 	applicant must meet all the requirements and provide all of the information requested 
48.15 	by the board.

48.16 	EFFECTIVE DATE. This section is effective August 1, 2011.

48.17 	Sec. 3. [148E.0556] LISW TRANSITION PERIOD EXCEPTION.
48.18 	At any time on or after January 1, 2012, until December 31, 2016, to qualify for a 
48.19 	licensed independent social worker license, an applicant must submit an application to the 
48.20 	board for a licensed independent social worker license and:
48.21 	(1) hold a current licensed graduate social worker license issued through 
48.22 	grandfathering under section 148E.0555, subdivision 4, and:
48.23 	(i) meet all requirements in effect at the time of application according to section 
48.24 	148E.055, subdivision 4, paragraph (a), excluding clause (1); and
48.25 	(ii) meet the supervised practice requirements according to section 148E.055, 
48.26 	subdivision 4, paragraph (a), clause (2); or
48.27 	(2) hold a current licensed graduate social worker issued through grandfathering 
48.28 	prior to July 1, 1996, and:
48.29 	(i) meet all requirements in effect at the time of application according to section 
48.30 	148E.055, subdivision 4, paragraph (a), excluding clause (1); and
48.31 	(ii) meet the supervised practice requirements according to section 148E.055, 
48.32 	subdivision 4, paragraph (a), clause (2).

48.33 	EFFECTIVE DATE. This section is effective August 1, 2011.

49.1 	Sec. 4. [148E.0557] LICSW TRANSITION PERIOD EXCEPTION.
49.2 	At any time on or after January 1, 2012, until December 31, 2016, to qualify for 
49.3 	a licensed independent clinical social worker license, an applicant must submit an 
49.4 	application to the board for a licensed independent clinical social worker license and:
49.5 	(1) hold a current licensed graduate social worker or licensed independent social 
49.6 	worker license issued through grandfathering under section 148E.0555, subdivision 4 
49.7 	or 5, and:
49.8 	(i) meet all requirements in effect at the time of application according to section 
49.9 	148E.055, subdivision 5, paragraph (a), excluding clause (1); and
49.10 	(ii) meet the supervised practice requirements according to section 148E.055, 
49.11 	subdivision 5, paragraph (a), clause (3); or
49.12 	(2) hold a current licensed graduate social worker or licensed independent social 
49.13 	worker license issued through grandfathering prior to July 1, 1996, and:
49.14 	(i) meet all requirements in effect at the time of application according to section 
49.15 	148E.055, subdivision 5, paragraph (a), excluding clause (1); and
49.16 	(ii) meet the supervised practice requirements according to section 148E.055, 
49.17 	subdivision 5, paragraph (a), clause (3).

49.18 	EFFECTIVE DATE. This section is effective August 1, 2011.

49.19 	Sec. 5. Minnesota Statutes 2010, section 148E.060, subdivision 1, is amended to read:
49.20 		Subdivision 1.Students and other persons not currently licensed in another 
49.21 	jurisdiction. (a) The board may issue a temporary license to practice social work to an 
49.22 	applicant who is not licensed or credentialed to practice social work in any jurisdiction 
49.23 	but has:
49.24 	(1) applied for a license under section 148E.055;
49.25 	(2) applied for a temporary license on a form provided by the board;
49.26 	(3) submitted a form provided by the board authorizing the board to complete a 
49.27 	criminal background check;
49.28 	(4) passed the applicable licensure examination provided for in section 148E.055;
49.29 	(5) attested on a form provided by the board that the applicant has completed the 
49.30 	requirements for a baccalaureate or graduate degree in social work from a program 
49.31 	accredited by the Council on Social Work Education, the Canadian Association of Schools 
49.32 	of Social Work, or a similar accreditation accrediting body designated by the board, or a 
49.33 	doctorate in social work from an accredited university; and
49.34 	(6) not engaged in conduct that was or would be in violation of the standards of 
49.35 	practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 
50.1 	conduct that was or would be in violation of the standards of practice, the board may take 
50.2 	action according to sections 148E.255 to 148E.270.
50.3 	(b) A temporary license issued under this subdivision expires after six months.

50.4 	EFFECTIVE DATE. This section is effective August 1, 2011.

50.5 	Sec. 6. Minnesota Statutes 2010, section 148E.060, subdivision 2, is amended to read:
50.6 		Subd. 2.Emergency situations and persons currently licensed in another 
50.7 	jurisdiction. (a) The board may issue a temporary license to practice social work to an 
50.8 	applicant who is licensed or credentialed to practice social work in another jurisdiction, 
50.9 	may or may not have applied for a license under section 148E.055, and has:
50.10 	(1) applied for a temporary license on a form provided by the board;
50.11 	(2) submitted a form provided by the board authorizing the board to complete a 
50.12 	criminal background check;
50.13 	(3) submitted evidence satisfactory to the board that the applicant is currently 
50.14 	licensed or credentialed to practice social work in another jurisdiction;
50.15 	(4) attested on a form provided by the board that the applicant has completed the 
50.16 	requirements for a baccalaureate or graduate degree in social work from a program 
50.17 	accredited by the Council on Social Work Education, the Canadian Association of Schools 
50.18 	of Social Work, or a similar accreditation accrediting body designated by the board, or a 
50.19 	doctorate in social work from an accredited university; and
50.20 	(5) not engaged in conduct that was or would be in violation of the standards of 
50.21 	practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 
50.22 	conduct that was or would be in violation of the standards of practice, the board may take 
50.23 	action according to sections 148E.255 to 148E.270.
50.24 	(b) A temporary license issued under this subdivision expires after six months.

50.25 	EFFECTIVE DATE. This section is effective August 1, 2011.

50.26 	Sec. 7. Minnesota Statutes 2010, section 148E.060, is amended by adding a subdivision 
50.27 	to read:
50.28 		Subd. 2a.Programs in candidacy status. (a) The board may issue a temporary 
50.29 	license to practice social work to an applicant who has completed the requirements for a 
50.30 	baccalaureate or graduate degree in social work from a program in candidacy status with 
50.31 	the Council on Social Work Education, the Canadian Association of Schools of Social 
50.32 	Work, or a similar accrediting body designated by the board, and has:
50.33 	(1) applied for a license under section 148E.055;
51.1 	(2) applied for a temporary license on a form provided by the board;
51.2 	(3) submitted a form provided by the board authorizing the board to complete a 
51.3 	criminal background check;
51.4 	(4) passed the applicable licensure examination provided for in section 148E.055; 
51.5 	and
51.6 	(5) not engaged in conduct that is in violation of the standards of practice specified 
51.7 	in sections 148E.195 to 148E.240. If the applicant has engaged in conduct that is in 
51.8 	violation of the standards of practice, the board may take action according to sections 
51.9 	148E.255 to 148E.270.
51.10 	(b) A temporary license issued under this subdivision expires after 12 months but 
51.11 	may be extended at the board's discretion upon a showing that the social work program 
51.12 	remains in good standing with the Council on Social Work Education, the Canadian 
51.13 	Association of Schools of Social Work, or a similar accrediting body designated by the 
51.14 	board. If the board receives notice from the Council on Social Work Education, the 
51.15 	Canadian Association of Schools of Social Work, or a similar accrediting body designated 
51.16 	by the board that the social work program is not in good standing, or that the accreditation 
51.17 	will not be granted to the social work program, the temporary license is immediately 
51.18 	revoked.

51.19 	EFFECTIVE DATE. This section is effective August 1, 2011.

51.20 	Sec. 8. Minnesota Statutes 2010, section 148E.060, subdivision 3, is amended to read:
51.21 		Subd. 3.Teachers. (a) The board may issue a temporary license to practice social 
51.22 	work to an applicant whose permanent residence is outside the United States, who is 
51.23 	teaching social work at an academic institution in Minnesota for a period not to exceed 
51.24 	12 months, who may or may not have applied for a license under section 148E.055, and 
51.25 	who has:
51.26 	(1) applied for a temporary license on a form provided by the board;
51.27 	(2) submitted a form provided by the board authorizing the board to complete a 
51.28 	criminal background check;
51.29 	(3) attested on a form provided by the board that the applicant has completed the 
51.30 	requirements for a baccalaureate or graduate degree in social work; and
51.31 	(4) has not engaged in conduct that was or would be in violation of the standards 
51.32 	of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 
51.33 	conduct that was or would be in violation of the standards of practice, the board may take 
51.34 	action according to sections 148E.255 to 148E.270.
51.35 	(b) A temporary license issued under this subdivision expires after 12 months.

52.1 	EFFECTIVE DATE. This section is effective August 1, 2011.

52.2 	Sec. 9. Minnesota Statutes 2010, section 148E.060, subdivision 5, is amended to read:
52.3 		Subd. 5.Temporary license term. (a) A temporary license is valid until expiration, 
52.4 	or until the board issues or denies the license according to section 148E.055, or until 
52.5 	the board revokes the temporary license, whichever comes first. A temporary license is 
52.6 	nonrenewable.
52.7 	(b) A temporary license issued according to subdivision 1 or 2 expires after six 
52.8 	months.
52.9 	(c) A temporary license issued according to subdivision 3 expires after 12 months.

52.10 	EFFECTIVE DATE. This section is effective August 1, 2011.

52.11 	Sec. 10. Minnesota Statutes 2010, section 148E.065, subdivision 2, is amended to read:
52.12 		Subd. 2.Students. An internship, externship, or any other social work experience 
52.13 	that is required for the completion of an accredited program of social work does not 
52.14 	constitute the practice of social work under this chapter. Students exempted under this 
52.15 	section may use the title "social work intern."

52.16 	EFFECTIVE DATE. This section is effective August 1, 2011.

52.17 	Sec. 11. Minnesota Statutes 2010, section 148E.065, subdivision 4, is amended to read:
52.18 		Subd. 4.City, county, and state agency social workers. (a) The licensure of 
52.19 	city, county, and state agency social workers is voluntary., except an individual who 
52.20 	is newly employed by a city or state agency on or after July 1, 2015, must be licensed 
52.21 	if the individual who provides social work services, as those services are defined in 
52.22 	section 148E.010, subdivision 11, paragraph (b), is presented to the public by any title 
52.23 	incorporating the words "social work" or "social worker."
52.24 	(b)  City, county, and state agencies employing social workers are not required to 
52.25 	employ licensed social workers.

52.26 	EFFECTIVE DATE. This section is effective July 1, 2015.

52.27 	Sec. 12. Minnesota Statutes 2010, section 148E.065, subdivision 5, is amended to read:
52.28 		Subd. 5.Tribes and private nonprofit agencies; voluntary licensure. (a) The 
52.29 	licensure of social workers who are employed by federally recognized tribes, or by private 
52.30 	nonprofit agencies is voluntary.
53.1 	(b) The licensure of private nonprofit nontribal agency social workers whose 
53.2 	primary service focus addresses ethnic minority populations, and who are themselves 
53.3 	members of ethnic minority populations within those agencies, is voluntary, until July 
53.4 	1, 2015, when individuals who practice social work must be licensed as required under 
53.5 	section 148E.055, subdivision 1.

53.6 	EFFECTIVE DATE. This section is effective July 1, 2015.

53.7 	Sec. 13. Minnesota Statutes 2010, section 148E.120, is amended to read:
53.8 	148E.120 REQUIREMENTS OF SUPERVISORS.
53.9 		Subdivision 1.Supervisors licensed as social workers. (a) Except as provided in 
53.10 	paragraph (d) subdivision 2, to be eligible to provide supervision under this section, a 
53.11 	social worker must:
53.12 	(1) have completed 30 hours of training in supervision through coursework from 
53.13 	an accredited college or university, or through continuing education in compliance with 
53.14 	sections 148E.130 to 148E.170;
53.15 	(2) be competent in the activities being supervised; and
53.16 	(3) attest, on a form provided by the board, that the social worker has met the 
53.17 	applicable requirements specified in this section and sections 148E.100 to 148E.115. The 
53.18 	board may audit the information provided to determine compliance with the requirements 
53.19 	of this section.
53.20 	(b) A licensed independent clinical social worker providing clinical licensing 
53.21 	supervision to a licensed graduate social worker or a licensed independent social worker 
53.22 	must have at least 2,000 hours of experience in authorized social work practice, including 
53.23 	1,000 hours of experience in clinical practice after obtaining a licensed independent 
53.24 	clinical social worker license.
53.25 	(c) A licensed social worker, licensed graduate social worker, licensed independent 
53.26 	social worker, or licensed independent clinical social worker providing nonclinical 
53.27 	licensing supervision must have completed the supervised practice requirements specified 
53.28 	in section 148E.100, 148E.105, 148E.106, 148E.110, or 148E.115, as applicable.
53.29 	(d) If the board determines that supervision is not obtainable from an individual 
53.30 	meeting the requirements specified in paragraph (a), the board may approve an alternate 
53.31 	supervisor according to subdivision 2.
53.32 		Subd. 2.Alternate supervisors. (a) The board may approve an alternate supervisor 
53.33 	if: The board may approve an alternate supervisor as determined in this subdivision. The 
53.34 	board shall approve up to 25 percent of the required supervision hours by a licensed mental 
54.1 	health professional who is competent and qualified to provide supervision according to the 
54.2 	mental health professional's respective licensing board, as established by section 245.462, 
54.3 	subdivision 18, clauses (1) to (6), or 245.4871, subdivision 27, clauses (1) to (6).
54.4 	(1) the board determines that supervision is not obtainable according to paragraph 
54.5 	(b);
54.6 	(2) the licensee requests in the supervision plan submitted according to section 
54.7 	148E.125, subdivision 1, that an alternate supervisor conduct the supervision;
54.8 	(3) the licensee describes the proposed supervision and the name and qualifications 
54.9 	of the proposed alternate supervisor; and
54.10 	(4) the requirements of paragraph (d) are met.
54.11 	(b) The board may determine that supervision is not obtainable if:
54.12 	(1) the licensee provides documentation as an attachment to the supervision plan 
54.13 	submitted according to section 148E.125, subdivision 1, that the licensee has conducted a 
54.14 	thorough search for a supervisor meeting the applicable licensure requirements specified 
54.15 	in sections 148E.100 to 148E.115;
54.16 	(2) the licensee demonstrates to the board's satisfaction that the search was 
54.17 	unsuccessful; and
54.18 	(3) the licensee describes the extent of the search and the names and locations of 
54.19 	the persons and organizations contacted.
54.20 	(c) The requirements specified in paragraph (b) do not apply to obtaining licensing 
54.21 	supervision for social work practice if the board determines that there are five or fewer 
54.22 	supervisors meeting the applicable licensure requirements in sections 148E.100 to 
54.23 	148E.115 in the county where the licensee practices social work.
54.24 	(d) An alternate supervisor must:
54.25 	(1) be an unlicensed social worker who is employed in, and provides the supervision 
54.26 	in, a setting exempt from licensure by section 148E.065, and who has qualifications 
54.27 	equivalent to the applicable requirements specified in sections 148E.100 to 148E.115;
54.28 	(2) be a social worker engaged in authorized practice in Iowa, Manitoba, North 
54.29 	Dakota, Ontario, South Dakota, or Wisconsin, and has the qualifications equivalent to the 
54.30 	applicable requirements specified in sections 148E.100 to 148E.115; or
54.31 	(3) be a licensed marriage and family therapist or a mental health professional 
54.32 	as established by section 245.462, subdivision 18, or 245.4871, subdivision 27, or an 
54.33 	equivalent mental health professional, as determined by the board, who is licensed or 
54.34 	credentialed by a state, territorial, provincial, or foreign licensing agency.
54.35 	(e) In order to qualify to provide clinical supervision of a licensed graduate social 
54.36 	worker or licensed independent social worker engaged in clinical practice, the alternate 
55.1 	supervisor must be a mental health professional as established by section 245.462, 
55.2 	subdivision 18, or 245.4871, subdivision 27, or an equivalent mental health professional, 
55.3 	as determined by the board, who is licensed or credentialed by a state, territorial, 
55.4 	provincial, or foreign licensing agency.
55.5 	(b) The board shall approve up to 100 percent of the required supervision hours by 
55.6 	an alternate supervisor if the board determines that:
55.7 	(1) there are five or fewer supervisors in the county where the licensee practices 
55.8 	social work who meet the applicable licensure requirements in subdivision 1;
55.9 	(2) the supervisor is an unlicensed social worker who is employed in, and provides 
55.10 	the supervision in, a setting exempt from licensure by section 148E.065, and who has 
55.11 	qualifications equivalent to the applicable requirements specified in sections 148E.100 to 
55.12 	148E.115;
55.13 	(3) the supervisor is a social worker engaged in authorized social work practice 
55.14 	in Iowa, Manitoba, North Dakota, Ontario, South Dakota, or Wisconsin, and has the 
55.15 	qualifications equivalent to the applicable requirements in sections 148E.100 to 148E.115; 
55.16 	or
55.17 	(4) the applicant or licensee is engaged in nonclinical authorized social work 
55.18 	practice outside of Minnesota and the supervisor meets the qualifications equivalent to 
55.19 	the applicable requirements in sections 148E.100 to 148E.115, or the supervisor is an 
55.20 	equivalent mental health professional, as determined by the board, who is credentialed by 
55.21 	a state, territorial, provincial, or foreign licensing agency; or
55.22 	(5) the applicant or licensee is engaged in clinical authorized social work practice 
55.23 	outside of Minnesota and the supervisor meets qualifications equivalent to the applicable 
55.24 	requirements in section 148E.115, or the supervisor is an equivalent mental health 
55.25 	professional as determined by the board, who is credentialed by a state, territorial, 
55.26 	provincial, or foreign licensing agency.
55.27 	(c) In order for the board to consider an alternate supervisor under this section, 
55.28 	the licensee must:
55.29 	(1) request in the supervision plan and verification submitted according to section 
55.30 	148E.125, that an alternate supervisor conduct the supervision; and
55.31 	(2) describe the proposed supervision and the name and qualifications of the 
55.32 	proposed alternate supervisor. The board may audit the information provided to determine 
55.33 	compliance with the requirements of this section.

55.34 	EFFECTIVE DATE. This section is effective August 1, 2011.

55.35 	Sec. 14. Minnesota Statutes 2010, section 148E.195, subdivision 2, is amended to read:
56.1 		Subd. 2.Representations. (a) No applicant or other individual may be represented 
56.2 	to the public by any title incorporating the words "social work" or "social worker" unless 
56.3 	the individual holds a license according to sections 148E.055 and 148E.060 or practices in 
56.4 	a setting exempt from licensure according to this section 148E.065.
56.5 	(b) In all professional use of a social worker's name, the social worker must use 
56.6 	the license designation "LSW" or "licensed social worker" for a licensed social worker, 
56.7 	"LGSW" or "licensed graduate social worker" for a licensed graduate social worker, 
56.8 	"LISW" or "licensed independent social worker" for a licensed independent social worker, 
56.9 	or "LICSW" or "licensed independent clinical social worker" for a licensed independent 
56.10 	clinical social worker.
56.11 	(c) Public statements or advertisements must not be untruthful, misleading, false, 
56.12 	fraudulent, deceptive, or potentially exploitative of clients, former clients, interns, 
56.13 	students, supervisees, or the public.
56.14 	(d) A social worker must not:
56.15 	(1) use licensure status as a claim, promise, or guarantee of successful service;
56.16 	(2) obtain a license by cheating or employing fraud or deception;
56.17 	(3) make false statements or misrepresentations to the board or in materials 
56.18 	submitted to the board; or
56.19 	(4) engage in conduct that has the potential to deceive or defraud a social work 
56.20 	client, intern, student, supervisee, or the public.

56.21 	EFFECTIVE DATE. This section is effective July 1, 2015.

56.22 	Sec. 15. Minnesota Statutes 2010, section 148E.280, is amended to read:
56.23 	148E.280 USE OF TITLES.
56.24 	No individual may be presented to the public by any title incorporating the words 
56.25 	"social work" or "social worker" or in the titles in section 148E.195, unless that individual 
56.26 	is employed by a county or holds a license under sections 148E.055 and 148E.060, or 
56.27 	practices in a setting exempt from licensure under this section 148E.065.

56.28 	EFFECTIVE DATE. This section is effective July 1, 2015.

56.29 	Sec. 16.  REPEALER.
 56.30 	Minnesota Statutes 2010, section 148E.065, subdivision 3, is repealed August 1, 
56.31 	2011.

57.1 	ARTICLE 4
57.2 	ALCOHOL AND DRUG COUNSELOR

57.3 	Section 1. [148F.001] SCOPE.
57.4 	This chapter applies to all applicants and licensees, all persons who use the title 
57.5 	alcohol and drug counselor, and all persons in or out of this state who provide alcohol 
57.6 	and drug counseling services to clients who reside in this state unless there are specific 
57.7 	applicable exemptions provided by law.

57.8 	Sec. 2. [148F.010] DEFINITIONS.
57.9 		Subdivision 1.Scope. For purposes of this chapter, the terms in this section have 
57.10 	the meanings given.
57.11 		Subd. 2.Abuse. "Abuse" means a maladaptive pattern of substance use leading to 
57.12 	clinically significant impairment or distress, as manifested by one or more of the following 
57.13 	occurring at any time during the same 12-month period:
57.14 	(1) recurrent substance use resulting in a failure to fulfill major role obligations at 
57.15 	work, school, or home;
57.16 	(2) recurrent substance use in situations in which it is physically hazardous;
57.17 	(3) recurrent substance-related legal problems; and
57.18 	(4) continued substance use despite having persistent or recurrent social or 
57.19 	interpersonal problems caused or exacerbated by the effects of the substance.
57.20 		Subd. 3.Accredited school or educational program. "Accredited school or 
57.21 	educational program" means a school of alcohol and drug counseling, university, college, 
57.22 	or other postsecondary education program that, at the time the student completes 
57.23 	the program, is accredited by a regional accrediting association whose standards are 
57.24 	substantially equivalent to those of the North Central Association of Colleges and 
57.25 	Postsecondary Education Institutions or an accrediting association that evaluates schools 
57.26 	of alcohol and drug counseling for inclusion of the education, practicum, and core function 
57.27 	standards in this chapter.
57.28 		Subd. 4.Alcohol and drug counseling practicum. "Alcohol and drug counseling 
57.29 	practicum" means formal experience gained by a student and supervised by a person either 
57.30 	licensed under this chapter or exempt under its provisions, as part of an accredited school 
57.31 	or educational program of alcohol and drug counseling.
57.32 		Subd. 5.Alcohol and drug counselor. "Alcohol and drug counselor" means a 
57.33 	person who holds a valid license issued under this chapter to engage in the practice of 
57.34 	alcohol and drug counseling.
58.1 		Subd. 6.Applicant. "Applicant" means a person seeking a license or temporary 
58.2 	permit under this chapter.
58.3 		Subd. 7.Board. "Board" means the Board of Behavioral Health and Therapy 
58.4 	established in section 148B.51.
58.5 		Subd. 8.Client. "Client" means an individual who is the recipient of any of the 
58.6 	alcohol and drug counseling services described in this section.  Client also means "patient" 
58.7 	as defined in Minnesota Statutes, section 144.291, subdivision 2, paragraph (g).
58.8 		Subd. 9.Competence. "Competence" means the ability to provide services within 
58.9 	the practice of alcohol and drug counseling as defined in subdivision 18, that: 
58.10 	(1) are rendered with reasonable skill and safety;
58.11 	(2) meet minimum standards of acceptable and prevailing practice as described 
58.12 	in section 148F.120; and
58.13 	(3) take into account human diversity.
58.14 		Subd. 10.Core functions. "Core functions" means the following services provided 
58.15 	in alcohol and drug treatment:
58.16 	(1) "screening" means the process by which a client is determined appropriate and 
58.17 	eligible for admission to a particular program;
58.18 	(2) "intake" means the administrative and initial assessment procedures for 
58.19 	admission to a program;
58.20 	(3) "orientation" means describing to the client the general nature and goals of the 
58.21 	program; rules governing client conduct and infractions that can lead to disciplinary 
58.22 	action or discharge from the program; in a nonresidential program, the hours during which 
58.23 	services are available; treatment costs to be borne by the client, if any; and client's rights;
58.24 	(4) "assessment" means those procedures by which a counselor identifies and 
58.25 	evaluates an individual's strengths, weaknesses, problems, and needs to develop a 
58.26 	treatment plan or make recommendations for level of care placement;
58.27 	(5) "treatment planning" means the process by which the counselor and the client 
58.28 	identify and rank problems needing resolution; establish agreed upon immediate and 
58.29 	long-term goals; and decide on a treatment process and the sources to be utilized;
58.30 	(6) "counseling" means the utilization of special skills to assist individuals, families, 
58.31 	or groups in achieving objectives through exploration of a problem and its ramifications; 
58.32 	examination of attitudes and feelings; consideration of alternative solutions; and decision 
58.33 	making;
58.34 	(7) "case management" means activities that bring services, agencies, resources, 
58.35 	or people together within a planned framework of action toward the achievement of 
58.36 	established goals;
59.1 	(8) "crisis intervention" means those services which respond to an alcohol or other 
59.2 	drug user's needs during acute emotional or physical distress;
59.3 	(9) "client education" means the provision of information to clients who are 
59.4 	receiving or seeking counseling concerning alcohol and other drug abuse and the available 
59.5 	services and resources;
59.6 	(10) "referral" means identifying the needs of the client which cannot be met by the 
59.7 	counselor or agency and assisting the client to utilize the support systems and available 
59.8 	community resources;
59.9 	(11) "reports and record keeping" means charting the results of the assessment 
59.10 	and treatment plan and writing reports, progress notes, discharge summaries, and other 
59.11 	client-related data; and
59.12 	(12) "consultation with other professionals regarding client treatment and services" 
59.13 	means communicating with other professionals in regard to client treatment and services 
59.14 	to assure comprehensive, quality care for the client.
59.15 		Subd. 11.Credential. "Credential" means a license, permit, certification, 
59.16 	registration, or other evidence of qualification or authorization to engage in the practice of 
59.17 	an occupation in any state or jurisdiction.
59.18 		Subd. 12.Dependent on the provider. "Dependent on the provider" means that the 
59.19 	nature of a former client's emotional or cognitive condition and the nature of the services 
59.20 	by the provider are such that the provider knows or should have known that the former 
59.21 	client is unable to withhold consent to sexually exploitative behavior by the provider.
59.22 		Subd. 13.Familial. "Familial" means of, involving, related to, or common to a 
59.23 	family member as defined in subdivision 14.
59.24 		Subd. 14.Family member or member of the family. "Family member" or 
59.25 	"member of the family" means a spouse, parent, offspring, sibling, grandparent, 
59.26 	grandchild, uncle, aunt, niece, or nephew, or an individual who serves in the role of one of 
59.27 	the foregoing.
59.28 		Subd. 15.Group clients. "Group clients" means two or more individuals who are 
59.29 	each a corecipient of alcohol and drug counseling services. Group clients may include, 
59.30 	but are not limited to, two or more family members, when each is the direct recipient of 
59.31 	services, or each client receiving group counseling services.
59.32 		Subd. 16.Human diversity. "Human diversity" means individual client differences 
59.33 	that are associated with the client's cultural group, including race, ethnicity, national 
59.34 	origin, religious affiliation, language, age, gender, gender identity, physical and mental 
59.35 	capabilities, sexual orientation, marital status, or socioeconomic status.
60.1 		Subd. 17.Informed consent. "Informed consent" means an agreement between 
60.2 	a provider and a client that authorizes the provider to engage in a professional activity 
60.3 	affecting the client. Informed consent requires:
60.4 	(1) the provider to give the client sufficient information so the client is able to decide 
60.5 	knowingly whether to agree to the proposed professional activity;
60.6 	(2) the provider to discuss the information in language that the client can reasonably 
60.7 	be expected to understand; and
60.8 	(3) the client's consent to be given without undue influence by the provider.
60.9 		Subd. 18.Licensee. "Licensee" means a person who holds a valid license under 
60.10 	this chapter.
60.11 		Subd. 19.Practice of alcohol and drug counseling. "Practice of alcohol and 
60.12 	drug counseling" means the observation, description, evaluation, interpretation, and 
60.13 	modification of human behavior by the application of core functions as it relates to the 
60.14 	harmful or pathological use or abuse of alcohol or other drugs. The practice of alcohol 
60.15 	and drug counseling includes, but is not limited to, the following activities, regardless of 
60.16 	whether the counselor receives compensation for the activities:
60.17 	(1) assisting clients who use alcohol or drugs, evaluating that use, and recognizing 
60.18 	dependency if it exists;
60.19 	(2) assisting clients with alcohol or other drug problems to gain insight and 
60.20 	motivation aimed at resolving those problems;
60.21 	(3) providing experienced professional guidance, assistance, and support for the 
60.22 	client's efforts to develop and maintain a responsible functional lifestyle;
60.23 	(4) recognizing problems outside the scope of the counselor's training, skill, or 
60.24 	competence and referring the client to other appropriate professional services;
60.25 	(5) diagnosing the level of alcohol or other drug use involvement to determine the 
60.26 	level of care;
60.27 	(6) individual planning to prevent a return to harmful alcohol or chemical use;
60.28 	(7) alcohol and other drug abuse education for clients;
60.29 	(8) consultation with other professionals;
60.30 	(9) gaining diversity awareness through ongoing training and education; and
60.31 	(10) providing the above services, as needed, to family members or others who are 
60.32 	directly affected by someone using alcohol or other drugs.
60.33 		Subd. 20.Practice foundation. "Practice foundation" means that an alcohol and 
60.34 	drug counseling service or continuing education activity is based upon observations, 
60.35 	methods, procedures, or theories that are generally accepted by the professional 
60.36 	community in alcohol and drug counseling.
61.1 		Subd. 21.Private information. "Private information" means any information, 
61.2 	including, but not limited to, client records as defined in section 148F.150, test results, 
61.3 	or test interpretations developed during a professional relationship between a provider 
61.4 	and a client.
61.5 		Subd. 22.Provider. "Provider" means a licensee, a temporary permit holder, or an 
61.6 	applicant.
61.7 		Subd. 23.Public statement. "Public statement" means any statement, 
61.8 	communication, or representation, by a provider to the public regarding the provider or 
61.9 	the provider's professional services or products. Public statements include, but are not 
61.10 	limited to, advertising, representations in reports or letters, descriptions of credentials 
61.11 	and qualifications, brochures and other descriptions of services, directory listings, 
61.12 	personal resumes or curricula vitae, comments for use in the media, websites, grant and 
61.13 	credentialing applications, or product endorsements.
61.14 		Subd. 24.Report. "Report" means any written or oral professional communication, 
61.15 	including a letter, regarding a client or subject that includes one or more of the following: 
61.16 	historical data, behavioral observations, opinions, diagnostic or evaluative statements, 
61.17 	or recommendations. The testimony of a provider as an expert or fact witness in a 
61.18 	legal proceeding also constitutes a report. For purposes of this chapter, letters of 
61.19 	recommendation for academic or career purposes are not considered reports.
61.20 		Subd. 25.Significant risks and benefits. "Significant risks and benefits" means 
61.21 	those risks and benefits that are known or reasonably foreseeable by the provider, 
61.22 	including the possible range and likelihood of outcomes, and that are necessary for the 
61.23 	client to know in order to decide whether to give consent to proposed services or to 
61.24 	reasonable alternative services.
61.25 		Subd. 26.Student. "Student" means an individual who is enrolled in a program in 
61.26 	alcohol and drug counseling at an accredited educational institution, or who is taking an 
61.27 	alcohol and drug counseling course or practicum for credit.
61.28 		Subd. 27.Supervisee. "Supervisee" means an individual whose supervision is 
61.29 	required to obtain credentialing by a licensure board or to comply with a board order.
61.30 		Subd. 28.Supervisor. "Supervisor" means a licensed alcohol and drug counselor 
61.31 	licensed under this chapter or other licensed professional practicing alcohol and drug 
61.32 	counseling under section 148F.110, who meets the requirements of section 148F.040, 
61.33 	subdivision 3, and who provides supervision to persons seeking licensure under section 
61.34 	148F.025, subdivision 3, paragraph (2), clause (ii).
61.35 		Subd. 29.Test. "Test" means any instrument, device, survey, questionnaire, 
61.36 	technique, scale, inventory, or other process which is designed or constructed for the 
62.1 	purpose of measuring, evaluating, assessing, describing, or predicting personality, 
62.2 	behavior, traits, cognitive functioning, aptitudes, attitudes, skills, values, interests, 
62.3 	abilities, or other characteristics of individuals.
62.4 		Subd. 30.Unprofessional conduct. "Unprofessional conduct" means any conduct 
62.5 	violating sections 148F.001 to 148F.205, or any conduct that fails to conform to the 
62.6 	minimum standards of acceptable and prevailing practice necessary for the protection 
62.7 	of the public.
62.8 		Subd. 31.Variance. "Variance" means board-authorized permission to comply with 
62.9 	a law or rule in a manner other than that generally specified in the law or rule.

62.10 	Sec. 3. [148F.015] DUTIES OF THE BOARD.
62.11 	The board shall:
62.12 	(1) adopt and enforce rules for licensure and regulation of alcohol and drug 
62.13 	counselors and temporary permit holders, including a standard disciplinary process and 
62.14 	rules of professional conduct;
62.15 	(2) issue licenses and temporary permits to qualified individuals under 
62.16 	sections148F.001 to 148F.205;
62.17 	(3) carry out disciplinary actions against licensees and temporary permit holders;
62.18 	(4) educate the public about the existence and content of the regulations for alcohol 
62.19 	and drug counselor licensing to enable consumers to file complaints against licensees who 
62.20 	may have violated the rules; and
62.21 	(5) collect nonrefundable license fees for alcohol and drug counselors.

62.22 	Sec. 4. [148F.020] DUTY TO MAINTAIN CURRENT INFORMATION.
62.23 	All individuals licensed as alcohol and drug counselors, all individuals with 
62.24 	temporary permits, and all applicants for licensure must notify the board within 30 days 
62.25 	of the occurrence of any of the following:
62.26 	(1) a change of name, address, place of employment, and home or business 
62.27 	telephone number; and
62.28 	(2) a change in any other application information.

62.29 	Sec. 5. [148F.025] REQUIREMENTS FOR LICENSURE.
62.30 		Subdivision 1.Form; fee. Individuals seeking licensure as a licensed alcohol and 
62.31 	drug counselor shall fully complete and submit a notarized written application on forms 
62.32 	provided by the board together with the appropriate fee in the amount set by the board. No 
62.33 	portion of the fee is refundable.
63.1 		Subd. 2.Education requirements for licensure. An applicant for licensure must 
63.2 	submit evidence satisfactory to the board that the applicant has:
63.3 	(1) received a bachelor's degree from an accredited school or educational program; 
63.4 	and
63.5 	(2) received 18 semester credits or 270 clock hours of academic course work and 
63.6 	880 clock hours of supervised alcohol and drug counseling practicum from an accredited 
63.7 	school or education program. The course work and practicum do not have to be part of 
63.8 	the bachelor's degree earned under clause (1). The academic course work must be in 
63.9 	the following areas: 
63.10 	(i) an overview of the transdisciplinary foundations of alcohol and drug counseling, 
63.11 	including theories of chemical dependency, the continuum of care, and the process of 
63.12 	change;
63.13 	(ii) pharmacology of substance abuse disorders and the dynamics of addiction, 
63.14 	including medication-assisted therapy;
63.15 	(iii) professional and ethical responsibilities;
63.16 	(iv) multicultural aspects of chemical dependency;
63.17 	(v) co-occurring disorders; and
63.18 	(vi) the core functions defined in section 148F.010, subdivision 10.
63.19 		Subd. 3.Examination requirements for licensure. (a) To be eligible for licensure, 
63.20 	the applicant must:
63.21 	(1) satisfactorily pass the International Certification and Reciprocity Consortium 
63.22 	Alcohol and Other Drug Abuse Counselor (IC&RC AODA) written examination adopted 
63.23 	June 2008, or other equivalent examination as determined by the board; or
63.24 	(2) satisfactorily pass a written examination for licensure as an alcohol and drug 
63.25 	counselor, as determined by the board, and one of the following:
63.26 	(i) complete a written case presentation and pass an oral examination that 
63.27 	demonstrates competence in the core functions as defined in section 148F.010, subdivision 
63.28 	10; or
63.29 	(ii) complete 2,000 hours of postdegree supervised professional practice under 
63.30 	section 148F.040.
63.31 		Subd. 4.Background investigation. The applicant must sign a release authorizing 
63.32 	the board to obtain information from the Bureau of Criminal Apprehension, the Federal 
63.33 	Bureau of Investigation, the Department of Human Services, the Office of Health Facilities 
63.34 	Complaints, and other agencies specified by the board. After the board has given written 
63.35 	notice to an individual who is the subject of a background investigation, the agencies shall 
63.36 	assist the board with the investigation by giving the board criminal conviction data, reports 
64.1 	about substantiated maltreatment of minors and vulnerable adults, and other information. 
64.2 	The board may contract with the commissioner of human services to obtain criminal 
64.3 	history data from the Bureau of Criminal Apprehension.

64.4 	Sec. 6. [148F.030] RECIPROCITY.
64.5 	(a) An individual who holds a current license or national certification as an alcohol 
64.6 	and drug counselor from another jurisdiction must file with the board a completed 
64.7 	application for licensure by reciprocity containing the information required in this section.
64.8 	(b) The applicant must request the credentialing authority of the jurisdiction in 
64.9 	which the credential is held to send directly to the board a statement that the credential 
64.10 	is current and in good standing, the applicant's qualifications that entitled the applicant 
64.11 	to the credential, and a copy of the jurisdiction's credentialing laws and rules that were 
64.12 	in effect at the time the applicant obtained the credential.
64.13 	(c) The board shall issue a license if the board finds that the requirements which 
64.14 	the applicant met to obtain the credential from the other jurisdiction were substantially 
64.15 	similar to the current requirements for licensure in this chapter and that the applicant is not 
64.16 	otherwise disqualified under section 148F.090.

64.17 	Sec. 7. [148F.035] TEMPORARY PERMIT.
64.18 	(a) The board may issue a temporary permit to practice alcohol and drug counseling 
64.19 	to an individual prior to being licensed under this chapter if the person:
64.20 	(1) received an associate degree, or an equivalent number of credit hours, completed 
64.21 	880 clock hours of supervised alcohol and drug counseling practicum, and 18 semester 
64.22 	credits or 270 clock hours of academic course work in alcohol and drug counseling from 
64.23 	an accredited school or education program; and
64.24 	(2) completed academic course work in the following areas:
64.25 	(i) overview of the transdisciplinary foundations of alcohol and drug counseling, 
64.26 	including theories of chemical dependency, the continuum of care, and the process of 
64.27 	change; 
64.28 	(ii) pharmacology of substance abuse disorders and the dynamics of addiction, 
64.29 	including medication-assisted therapy;
64.30 	(iii) professional and ethical responsibilities;
64.31 	(iv) multicultural aspects of chemical dependency;
64.32 	(v) co-occurring disorders; and
64.33 	(vi) core functions defined in section 148F.010, subdivision 10.
65.1 	(b) An individual seeking a temporary permit shall fully complete and submit 
65.2 	a notarized written application on forms provided by the board together with the 
65.3 	nonrefundable temporary permit fee specified in section 148F.115, subdivision 3, clause 
65.4 	(1).
65.5 	(c) An individual practicing under this section:
65.6 	(1) must be supervised by a licensed alcohol and drug counselor or other licensed 
65.7 	professional practicing alcohol and drug counseling under section 148F.110, subdivision 1;
65.8 	(2) is subject to all statutes and rules to the same extent as an individual who is 
65.9 	licensed under this chapter, except the individual is not subject to the continuing education 
65.10 	requirements of section 148F.075; and
65.11 	(3) must use the title "Alcohol and Drug Counselor-Trainee" or the letters "ADC-T" 
65.12 	in professional activities.
65.13 	(d) (1) An individual practicing with a temporary permit must submit a renewal 
65.14 	application annually on forms provided by the board with the renewal fee required in 
65.15 	section 148F.115, subdivision 3.
65.16 	(2) A temporary permit is automatically terminated if not renewed, upon a change in 
65.17 	supervision, or upon the granting or denial by the board of the applicant's application for 
65.18 	licensure as an alcohol and drug counselor.
65.19 	(3) A temporary permit may be renewed no more than five times.

65.20 	Sec. 8. [148F.040] SUPERVISED POSTDEGREE PROFESSIONAL PRACTICE.
65.21 		Subdivision 1.Supervision. For the purposes of this section, "supervision" means 
65.22 	documented interactive consultation, which, subject to the limitations of subdivision 4, 
65.23 	paragraph (b), may be conducted in person, by telephone, or by audio or audiovisual 
65.24 	electronic device by a supervisor with a supervisee. The supervision must be adequate to 
65.25 	ensure the quality and competence of the activities supervised. Supervisory consultation 
65.26 	must include discussions on the nature and content of the practice of the supervisee, 
65.27 	including, but not limited to, a review of a representative sample of alcohol and drug 
65.28 	counseling services in the supervisee's practice.
65.29 		Subd. 2.Postdegree professional practice. "Postdegree professional practice" 
65.30 	means paid or volunteer work experience and training following graduation from an 
65.31 	accredited school or educational program that involves professional oversight by a 
65.32 	supervisor approved by the board and that satisfies the supervision requirements in 
65.33 	subdivision 4.
65.34 		Subd. 3.Supervisor requirements. For the purposes of this section, a supervisor 
65.35 	shall:
66.1 	(1) be a licensed alcohol and drug counselor or other qualified professional as 
66.2 	determined by the board;
66.3 	(2) have three years of experience providing alcohol and drug counseling services; 
66.4 	and
66.5 	(3) have received a minimum of 12 hours of training in clinical and ethical 
66.6 	supervision, which may include course work, continuing education courses, workshops, 
66.7 	or a combination thereof.
66.8 		Subd. 4.Supervised practice requirements for licensure. (a) The content of 
66.9 	supervision must include:
66.10 	(1) knowledge, skills, values, and ethics with specific application to the practice 
66.11 	issues faced by the supervisee, including the core functions in section 148F.010, 
66.12 	subdivision 10;
66.13 	(2) the standards of practice and ethical conduct, with particular emphasis given to 
66.14 	the counselor's role and appropriate responsibilities, professional boundaries, and power 
66.15 	dynamics; and
66.16 	(3) the supervisee's permissible scope of practice, as defined in section 148F.010, 
66.17 	subdivision 19.
66.18 	(b) The supervision must be obtained at the rate of one hour of supervision per 40 
66.19 	hours of professional practice, for a total of 50 hours of supervision. The supervision must 
66.20 	be evenly distributed over the course of the supervised professional practice. At least 75 
66.21 	percent of the required supervision hours must be received in person. The remaining 25 
66.22 	percent of the required hours may be received by telephone or by audio or audiovisual 
66.23 	electronic device. At least 50 percent of the required hours of supervision must be received 
66.24 	on an individual basis. The remaining 50 percent may be received in a group setting.
66.25 	(c) The supervision must be completed in no fewer than 12 consecutive months 
66.26 	and no more than 36 consecutive months.
66.27 	(d) The applicant shall include with an application for licensure a verification of 
66.28 	completion of the 2,000 hours of supervised professional practice. Verification must be 
66.29 	on a form specified by the board. The supervisor shall verify that the supervisee has 
66.30 	completed the required hours of supervision according to this section. The supervised 
66.31 	practice required under this section is unacceptable if the supervisor attests that the 
66.32 	supervisee's performance, competence, or adherence to the standards of practice and 
66.33 	ethical conduct has been unsatisfactory.

66.34 	Sec. 9. [148F.045] ALCOHOL AND DRUG COUNSELOR TECHNICIAN.
67.1 	An alcohol and drug counselor technician may perform the screening intake and 
67.2 	orientation services described in section 148F.010, subdivision 19, clauses (1), (2), and 
67.3 	(3), while under the direct supervision of a licensed alcohol and drug counselor.

67.4 	Sec. 10. [148F.050] LICENSE RENEWAL REQUIREMENTS.
67.5 		Subdivision 1.Biennial renewal. A license must be renewed every two years.
67.6 		Subd. 2.License renewal notice. At least 60 calendar days before the renewal 
67.7 	deadline date, the board shall mail a renewal notice to the licensee's last known address 
67.8 	on file with the board. The notice must include instructions for accessing an online 
67.9 	application for license renewal, the renewal deadline, and notice of fees required for 
67.10 	renewal. The licensee's failure to receive notice does not relieve the licensee of the 
67.11 	obligation to meet the renewal deadline and other requirements for license renewal.
67.12 		Subd. 3.Renewal requirements. (a) To renew a license, a licensee must submit to 
67.13 	the board:
67.14 	(1) a completed, signed, and notarized application for license renewal;
67.15 	(2) the renewal fee required under section 148F.115, subdivision 2; and
67.16 	(3) evidence satisfactory to the board that the licensee has completed 40 clock 
67.17 	hours of continuing education during the preceding two year renewal period that meet the 
67.18 	requirements of section 148F.075.
67.19 	(b) The application must be postmarked or received by the board by the end of the 
67.20 	day on which the license expires or the following business day if the expiration date 
67.21 	falls on a Saturday, Sunday, or holiday. An application which is not completed, signed, 
67.22 	notarized, or which is not accompanied by the correct fee, is void and must be returned 
67.23 	to the licensee.
67.24 		Subd. 4.Pending renewal. If a licensee's application for license renewal is 
67.25 	postmarked or received by the board by the end of the business day on the expiration date 
67.26 	of the license, the licensee may continue to practice after the expiration date while the 
67.27 	application for license renewal is pending with the board.
67.28 		Subd. 5.Late renewal fee. If the application for license renewal is postmarked or 
67.29 	received after the expiration date, the licensee shall pay a late fee as specified by section 
67.30 	148F.115, subdivision 5, clause (1), in addition to the renewal fee, before the application 
67.31 	for license renewal will be considered by the board.

67.32 	Sec. 11. [148F.055] EXPIRED LICENSE.
67.33 		Subdivision 1.Expiration of license. A licensee who fails to submit an application 
67.34 	for license renewal, or whose application for license renewal is not postmarked or received 
68.1 	by the board as required, is not authorized to practice after the expiration date and is 
68.2 	subject to disciplinary action by the board for any practice after the expiration date.
68.3 		Subd. 2.Termination for nonrenewal. (a) Within 30 days after the renewal date, a 
68.4 	licensee who has not renewed the license shall be notified by letter sent to the last known 
68.5 	address of the licensee in the board's file that the renewal is overdue and that failure to 
68.6 	pay the current fee and current late fee within 60 days after the renewal date will result in 
68.7 	termination of the license.
68.8 	(b) The board shall terminate the license of a licensee whose license renewal is at 
68.9 	least 60 days overdue and to whom notification has been sent as provided in paragraph 
68.10 	(a). Failure of a licensee to receive notification is not grounds for later challenge of the 
68.11 	termination. The former licensee shall be notified of the termination by letter within seven 
68.12 	days after the board action, in the same manner as provided in paragraph (a).

68.13 	Sec. 12. [148F.060] VOLUNTARY TERMINATION.
68.14 	A license may be voluntarily terminated by the licensee at any time upon written 
68.15 	notification to the board, unless a complaint is pending against the licensee. The 
68.16 	notification must be received by the board prior to termination of the license for failure to 
68.17 	renew. A former licensee may be licensed again only after complying with the relicensure 
68.18 	following termination requirements under section 148F.065.  For purposes of this section, 
68.19 	the board retains jurisdiction over any licensee whose license has been voluntarily 
68.20 	terminated and against whom the board receives a complaint for conduct occurring during 
68.21 	the period of licensure.

68.22 	Sec. 13. [148F.065] RELICENSURE FOLLOWING TERMINATION.
68.23 		Subdivision 1.Relicensure. For a period of two years, a former licensee whose 
68.24 	license has been voluntarily terminated or terminated for nonrenewal as provided in 
68.25 	section 148F.055, subdivision 2, may be relicensed by completing an application for 
68.26 	relicensure, paying the applicable fee, and verifying that the former licensee has not 
68.27 	engaged in the practice of alcohol and drug counseling in this state since the date of 
68.28 	termination. The verification must be accompanied by a notarized affirmation that the 
68.29 	statement is true and correct to the best knowledge and belief of the former licensee. 
68.30 		Subd. 2.Continuing education for relicensure. A former licensee seeking 
68.31 	relicensure after license termination must provide evidence of having completed at least 
68.32 	20 hours of continuing education activities for each year, or portion thereof, that the 
68.33 	former licensee did not hold a license.
69.1 		Subd. 3.Cancellation of license. The board shall not renew, reissue, reinstate, 
69.2 	or restore the license of a former licensee which was terminated for nonrenewal, or 
69.3 	voluntarily terminated, and for which relicensure was not sought for more than two years 
69.4 	from the date the license was terminated for nonrenewal, or voluntarily terminated. A 
69.5 	former licensee seeking relicensure after this two-year period must obtain a new license 
69.6 	by applying for licensure and fulfilling all requirements then in existence for an initial 
69.7 	license to practice alcohol and drug counseling in Minnesota.

69.8 	Sec. 14. [148F.070] INACTIVE LICENSE STATUS.
69.9 		Subdivision 1.Request for inactive status. Unless a complaint is pending against 
69.10 	the licensee, a licensee whose license is in good standing may request, in writing, that the 
69.11 	license be placed on the inactive list. If a complaint is pending against a licensee, a license 
69.12 	may not be placed on the inactive list until action relating to the complaint is concluded. 
69.13 	The board must receive the request for inactive status before expiration of the license, or 
69.14 	the person must pay the late fee.  A licensee may renew a license that is inactive under this 
69.15 	subdivision by meeting the renewal requirements of subdivision 2.  A licensee must not 
69.16 	practice alcohol and drug counseling while the license is inactive.
69.17 		Subd. 2.Renewal of inactive license. A licensee whose license is inactive must 
69.18 	renew the inactive status by the inactive status expiration date determined by the board, 
69.19 	or the license will expire. An application for renewal of inactive status must include 
69.20 	evidence satisfactory to the board that the licensee has completed 40 clock hours of 
69.21 	continuing education required in section 148F.075. Late renewal of inactive status must be 
69.22 	accompanied by a late fee as required in section 148F.115, subdivision 5, paragraph (2).

69.23 	Sec. 15. [148F.075] CONTINUING EDUCATION REQUIREMENTS.
69.24 		Subdivision 1.Purpose. (a) The purpose of mandatory continuing education is to 
69.25 	promote the professional development of alcohol and drug counselors so that the services 
69.26 	they provide promote the health and well-being of clients who receive services.
69.27 	(b) Continued professional growth and maintaining competence in providing alcohol 
69.28 	and drug counseling services are the ethical responsibilities of each licensee.
69.29 		Subd. 2.Requirement. Every two years, all licensees must complete a minimum of 
69.30 	40 clock hours of continuing education activities that meet the requirements in this section. 
69.31 	The 40 clock hours shall include a minimum of nine clock hours on human diversity, and a 
69.32 	minimum of three clock hours on professional ethics. A licensee may be given credit only 
69.33 	for activities that directly relate to the practice of alcohol and drug counseling. 
70.1 		Subd. 3.Standards for approval. In order to obtain clock hour credit for a 
70.2 	continuing education activity, the activity must:
70.3 	(1) constitute an organized program of learning;
70.4 	(2) reasonably be expected to advance the knowledge and skills of the alcohol 
70.5 	and drug counselor;
70.6 	(3) pertain to subjects that directly relate to the practice of alcohol and drug 
70.7 	counseling;
70.8 	(4) be conducted by individuals who have education, training, and experience and 
70.9 	are knowledgeable about the subject matter; and
70.10 	(5) be presented by a sponsor who has a system to verify participation and maintains 
70.11 	attendance records for three years, unless the sponsor provides dated evidence to each 
70.12 	participant with the number of clock hours awarded.
70.13 		Subd. 4.Qualifying activities. Clock hours may be earned through the following:
70.14 	(1) attendance at educational programs of annual conferences, lectures, panel 
70.15 	discussions, workshops, in-service training, seminars, and symposia;
70.16 	(2) successful completion of college or university courses offered by a regionally 
70.17 	accredited school or education program, if not being taken in order to meet the educational 
70.18 	requirements for licensure under this chapter.  The licensee must obtain a grade of at least 
70.19 	a "C" or its equivalent or a pass in a pass/fail course in order to receive the following 
70.20 	continuing education credits:
70.21 	(i) one semester credit equals 15 clock hours;
70.22 	(ii) one trimester credit equals 12 clock hours;
70.23 	(iii) one quarter credit equals 10 clock hours;
70.24 	(3) successful completion of home study or online courses offered by an accredited 
70.25 	school or education program and that require a licensee to demonstrate knowledge 
70.26 	following completion of the course;
70.27 	(4) teaching a course at a regionally accredited institution of higher education.  To 
70.28 	qualify for continuing education credit, the course must directly relate to the practice of 
70.29 	alcohol and drug counseling, as determined by the board.  Continuing education hours may 
70.30 	be earned only for the first time the licensee teaches the course. Ten continuing education 
70.31 	hours may be earned for each semester credit hour taught; or
70.32 	(5) presentations at workshops, seminars, symposia, meetings of professional 
70.33 	organizations, in-service trainings, or postgraduate institutes. The presentation must be 
70.34 	related to alcohol and drug counseling. A presenter may claim one hour of continuing 
70.35 	education for each hour of presentation time. A presenter may also receive continuing 
70.36 	education hours for development time at the rate of three hours for each hour of 
71.1 	presentation time. Continuing education hours may be earned only for the licensee's 
71.2 	first presentation on the subject developed.
71.3 		Subd. 5.Activities not qualifying for continuing education clock hours.
 71.4 	Approval shall not be given for courses that do not do meet the requirements of this 
71.5 	section or are limited to the following:
71.6 	(1) any subject contrary to the rules of professional conduct;
71.7 	(2) supervision of personnel;
71.8 	(3) entertainment or recreational activities;
71.9 	(4) employment orientation sessions;
71.10 	(5) policy meetings;
71.11 	(6) marketing;
71.12 	(7) business;
71.13 	(8) first aid, CPR, and similar training classes; and
71.14 	(9) training related to payment systems, including covered services, coding, and 
71.15 	billing.
71.16 		Subd. 6.Documentation of reporting compliance. (a) When the licensee applies 
71.17 	for renewal of the license, the licensee must complete and submit an affidavit of continuing 
71.18 	education compliance showing that the licensee has completed a minimum of 40 approved 
71.19 	continuing education clock hours since the last renewal. Failure to submit the affidavit 
71.20 	when required makes the licensee's renewal application incomplete and void.
71.21 	(b) All licensees shall retain original documentation of completion of continuing 
71.22 	education hours for a period of five years. For purposes of compliance with this section, a 
71.23 	receipt for payment of the fee for the course is not sufficient evidence of completion of the 
71.24 	required hours of continuing education.  Information retained shall include:
71.25 	(1) the continuing education activity title;
71.26 	(2) a brief description of the continuing education activity;
71.27 	(3) the sponsor, presenter, or author;
71.28 	(4) the location and the dates attended;
71.29 	(5) the number of clock hours; and
71.30 	(6) the certificate of attendance, if applicable.
71.31 	(c) Only continuing education obtained during the two-year reporting period may be 
71.32 	considered at the time of reporting.
71.33 		Subd. 7.Continuing education audit. (a) At the time of renewal, the board may 
71.34 	randomly audit a percentage of its licensees for compliance with continuing education 
71.35 	requirements.
72.1 	(b) The board shall mail a notice to a licensee selected for an audit of continuing 
72.2 	education hours. The notice must include the reporting periods selected for audit.
72.3 	(c) Selected licensees shall submit copies of the original documentation of completed 
72.4 	continuing education hours. Upon specific request, the licensee shall submit original 
72.5 	documentation. Failure to submit required documentation shall result in the renewal 
72.6 	application being considered incomplete and void and constitute grounds for nonrenewal 
72.7 	of the license and disciplinary action.
72.8 		Subd. 8.Variance of continuing education requirements. (a) If a licensee is 
72.9 	unable to meet the continuing education requirements by the renewal date, the licensee 
72.10 	may request a time-limited variance to fulfill the requirements after the renewal date. A 
72.11 	licensee seeking a variance is considered to be renewing late and is subject to the late 
72.12 	renewal fee, regardless of when the request is received or whether the variance is granted.
72.13 	(b) The licensee shall submit the variance request on a form designated by the board, 
72.14 	include the variance fee subject to section 14.056, subdivision 2, and the late fee for 
72.15 	license renewal under section 148F.115. The variance request is subject to the criteria for 
72.16 	rule variances in section 14.055, subdivision 4, and must include a written plan listing 
72.17 	the activities offered to meet the requirement. Hours completed after the renewal date 
72.18 	pursuant to the written plan count toward meeting only the requirements of the previous 
72.19 	renewal period.
72.20 	(c) A variance granted under this subdivision expires six months after the license 
72.21 	renewal date. A licensee who is granted a variance but fails to complete the required 
72.22 	continuing education within the six-month period may apply for a second variance 
72.23 	according to this subdivision.
72.24 	(d) If an initial variance request is denied, the license of the licensee shall not be 
72.25 	renewed until the licensee completes the continuing education requirements. If an initial 
72.26 	variance is granted, and the licensee fails to complete the required continuing education 
72.27 	within the six-month period, the license shall be administratively suspended until the 
72.28 	licensee completes the required continuing education, unless the licensee has obtained a 
72.29 	second variance according to paragraph (c).

72.30 	Sec. 16. [148F.080] SPONSOR'S APPLICATION FOR APPROVAL.
72.31 		Subdivision 1.Content. Individuals, organizations, associations, corporations, 
72.32 	educational institutions, or groups intending to offer continuing education activities for 
72.33 	approval must submit to the board the sponsor application fee and a completed application 
72.34 	for approval on a form provided by the board. The sponsor must comply with the 
72.35 	following to receive and maintain approval: 
73.1 	(1) submit the application for approval at least 60 days before the activity is 
73.2 	scheduled to begin; and
73.3 	(2) include the following information in the application for approval to enable the 
73.4 	board to determine whether the activity complies with section 148F.075:
73.5 	(i) a statement of the objectives of the activity and the knowledge the participants 
73.6 	will have gained upon completion of the activity;
73.7 	(ii) a description of the content and methodology of the activity which will allow the 
73.8 	participants to meet the objectives;
73.9 	(iii) a description of the method the participants will use to evaluate the activity;
73.10 	(iv) a list of the qualifications of each instructor or developer that shows the 
73.11 	instructor's or developer's current knowledge and skill in the activity's subject; 
73.12 	(v) a description of the certificate or other form of verification of attendance 
73.13 	distributed to each participant upon successful completion of the activity;
73.14 	(vi) the sponsor's agreement to retain attendance lists for a period of five years 
73.15 	from the date of the activity; and
73.16 	(vii) a copy of any proposed advertisement or other promotional literature.
73.17 		Subd. 2.Approval expiration. If the board approves an activity it shall assign the 
73.18 	activity a number. The approval remains in effect for one year from the date of initial 
73.19 	approval. Upon expiration, a sponsor must submit a new application for activity approval 
73.20 	to the board as required by subdivision 1.
73.21 		Subd. 3.Statement of board approval. Each sponsor of an approved activity shall 
73.22 	include in any promotional literature a statement that "This activity has been approved by 
73.23 	the Minnesota Board of Behavioral Health and Therapy for ... hours of credit."
73.24 		Subd. 4.Changes. The activity sponsor must submit proposed changes in an 
73.25 	approved activity to the board for its approval.
73.26 		Subd. 5.Denial of approval. The board shall not approve an activity if it does not 
73.27 	meet the continuing education requirements in section 148F.075. The board shall notify 
73.28 	the sponsor in writing of its reasons for denial.
73.29 		Subd. 6.Revocation of approval. The board shall revoke its approval of an activity 
73.30 	if a sponsor falsifies information contained in its application for approval, or if a sponsor 
73.31 	fails to notify the board of changes to an approved activity as required in subdivision 4.

73.32 	Sec. 17. [148F.085] NONTRANSFERABILITY OF LICENSES.
73.33 	An alcohol and drug counselor license is not transferable.

73.34 	Sec. 18. [148F.090] DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.
74.1 		Subdivision 1.Grounds. The board may impose disciplinary action as described 
74.2 	in subdivision 2 against an applicant or licensee whom the board, by a preponderance of 
74.3 	the evidence, determines:
74.4 	(1) has violated a statute, rule, or order that the board issued or is empowered to 
74.5 	enforce;
74.6 	(2) has engaged in fraudulent, deceptive, or dishonest conduct, whether or not the 
74.7 	conduct relates to the practice of licensed alcohol and drug counseling that adversely 
74.8 	affects the person's ability or fitness to practice alcohol and drug counseling;
74.9 	(3) has engaged in unprofessional conduct or any other conduct which has the 
74.10 	potential for causing harm to the public, including any departure from or failure to 
74.11 	conform to the minimum standards of acceptable and prevailing practice without actual 
74.12 	injury having to be established;
74.13 	(4) has been convicted of or has pled guilty or nolo contendere to a felony or other 
74.14 	crime, an element of which is dishonesty or fraud, or has been shown to have engaged 
74.15 	in acts or practices tending to show that the applicant or licensee is incompetent or has 
74.16 	engaged in conduct reflecting adversely on the applicant's or licensee's ability or fitness 
74.17 	to engage in the practice of alcohol and drug counseling;
74.18 	(5) has employed fraud or deception in obtaining or renewing a license, or in 
74.19 	passing an examination;
74.20 	(6) has had any license, certificate, registration, privilege to take an examination, 
74.21 	or other similar authority denied, revoked, suspended, canceled, limited, or not renewed 
74.22 	for cause in any jurisdiction or has surrendered or voluntarily terminated a license or 
74.23 	certificate during a board investigation of a complaint, as part of a disciplinary order, or 
74.24 	while under a disciplinary order;
74.25 	(7) has failed to meet any requirement for the issuance or renewal of the person's 
74.26 	license. The burden of proof is on the applicant or licensee to demonstrate the 
74.27 	qualifications or satisfy the requirements for a license under chapter 148F;
74.28 	(8) has failed to cooperate with an investigation by the board;
74.29 	(9) has demonstrated an inability to practice alcohol and drug counseling with 
74.30 	reasonable skill and safety as a result of illness, use of alcohol, drugs, chemicals, or any 
74.31 	other materials, or as a result of any mental, physical, or psychological condition;
74.32 	(10) has engaged in conduct with a client that is sexual or may reasonably be 
74.33 	interpreted by the client as sexual, or in any verbal behavior that is seductive or sexually 
74.34 	demeaning to a client;
74.35 	(11) has been subject to a corrective action or similar, nondisciplinary action in 
74.36 	another jurisdiction or by another regulatory authority;
75.1 	(12) has been adjudicated as mentally incompetent, mentally ill, or developmentally 
75.2 	disabled or as a chemically dependent person, a person dangerous to the public, a sexually 
75.3 	dangerous person, or a person who has a sexual psychopathic personality by a court 
75.4 	of competent jurisdiction within this state or an equivalent adjudication from another 
75.5 	state. Adjudication automatically suspends a license for the duration thereof unless the 
75.6 	board orders otherwise;
75.7 	(13) fails to comply with a client's request for health records made under sections 
75.8 	144.291 to 144.298, or to furnish a client record or report required by law; 
75.9 	(14) has engaged in abusive or fraudulent billing practices, including violations of 
75.10 	the federal Medicare and Medicaid laws or state medical assistance laws; or
75.11 	(15) has engaged in fee splitting. This clause does not apply to the distribution 
75.12 	of revenues from a partnership, group practice, nonprofit corporation, or professional 
75.13 	corporation to its partners, shareholders, members, or employees if the revenues consist 
75.14 	only of fees for services performed by the licensee or under a licensee's administrative 
75.15 	authority. Fee splitting includes, but is not limited to:
75.16 	(i) dividing fees with another person or a professional corporation, unless the 
75.17 	division is in proportion to the services provided and the responsibility assumed by 
75.18 	each professional;
75.19 	(ii) referring a client to any health care provider as defined in sections 144.291 to 
75.20 	144.298 in which the referring licensee has a significant financial interest, unless the 
75.21 	licensee has disclosed in advance to the client the licensee's own financial interest; or
75.22 	(iii) paying, offering to pay, receiving, or agreeing to receive a commission, rebate, 
75.23 	or remuneration, directly or indirectly, primarily for the referral of clients.
75.24 		Subd. 2.Forms of disciplinary action. If grounds for disciplinary action exist 
75.25 	under subdivision 1, the board may take one or more of the following actions;
75.26 	(1) refuse to grant or renew a license;
75.27 	(2) revoke a license;
75.28 	(3) suspend a license;
75.29 	(4) impose limitations or conditions on a licensee's practice of alcohol and drug 
75.30 	counseling, including, but not limited to, limiting the scope of practice to designated 
75.31 	competencies, imposing retraining or rehabilitation requirements, requiring the licensee to 
75.32 	practice under supervision, or conditioning continued practice on the demonstration of 
75.33 	knowledge or skill by appropriate examination or other review of skill and competence;
75.34 	(5) censure or reprimand the licensee;
75.35 	(6) impose a civil penalty not exceeding $10,000 for each separate violation, 
75.36 	the amount of the civil penalty to be fixed so as to deprive the applicant or licensee 
76.1 	of any economic advantage gained by reason of the violation charged, to discourage 
76.2 	similar violations or to reimburse the board for the cost of the investigation and 
76.3 	proceeding, including, but not limited to, fees paid for services provided by the Office of 
76.4 	Administrative Hearings, legal and investigative services provided by the Office of the 
76.5 	Attorney General, court reporters, witnesses, reproduction of records, board members' per 
76.6 	diem compensation, board staff time, and travel costs and expenses incurred by board staff 
76.7 	and board members; or
76.8 	(7) any other action justified by the case.
76.9 		Subd. 3.Evidence. In disciplinary actions alleging violations of subdivision 1, 
76.10 	clause (4), (12), or (14), a copy of the judgment or proceedings under the seal of the court 
76.11 	administrator or of the administrative agency that entered the judgment or proceeding 
76.12 	is admissible into evidence without further authentication and constitutes prima facie 
76.13 	evidence of its contents.
76.14 		Subd. 4.Temporary suspension. (a) In addition to any other remedy provided by 
76.15 	law, the board may issue an order to temporarily suspend the credentials of a licensee after 
76.16 	conducting a preliminary inquiry to determine if the board reasonably believes that the 
76.17 	licensee has violated a statute or rule that the board is empowered to enforce and whether 
76.18 	continued practice by the licensee would create an imminent risk of harm to others.
76.19 	(b) The order may prohibit the licensee from engaging in the practice of alcohol 
76.20 	and drug counseling in whole or in part and may condition the end of a suspension on 
76.21 	the licensee's compliance with a statute, rule, or order that the board has issued or is 
76.22 	empowered to enforce.
76.23 	(c) The order shall give notice of the right to a hearing according to this subdivision 
76.24 	and shall state the reasons for the entry of the order.
76.25 	(d) Service of the order is effective when the order is served on the licensee 
76.26 	personally or by certified mail, which is complete upon receipt, refusal, or return for 
76.27 	nondelivery to the most recent address of the licensee provided to the board.
76.28 	(e) At the time the board issues a temporary suspension order, the board shall 
76.29 	schedule a hearing to be held before its own members. The hearing shall begin no later 
76.30 	than 60 days after issuance of the temporary suspension order or within 15 working 
76.31 	days of the date of the board's receipt of a request for hearing by a licensee, on the sole 
76.32 	issue of whether there is a reasonable basis to continue, modify, or lift the temporary 
76.33 	suspension. The hearing is not subject to chapter 14. Evidence presented by the board 
76.34 	or the licensee shall be in affidavit form only. The licensee or counsel of record may 
76.35 	appear for oral argument.
77.1 	(f) Within five working days of the hearing, the board shall issue its order and, if the 
77.2 	suspension is continued, schedule a contested case hearing within 30 days of the issuance 
77.3 	of the order. Notwithstanding chapter 14, the administrative law judge shall issue a report 
77.4 	within 30 days after closing the contested case hearing record. The board shall issue a 
77.5 	final order within 30 days of receipt of the administrative law judge's report.
77.6 		Subd. 5.Automatic suspension. (a) The right to practice is automatically 
77.7 	suspended when:
77.8 	(1) a guardian of an alcohol and drug counselor is appointed by order of a district 
77.9 	court under sections 524.5-101 to 524.5-502; or
77.10 	(2) the counselor is committed by order of a district court under chapter 253B.
77.11 	(b) The right to practice remains suspended until the counselor is restored to capacity 
77.12 	by a court and, upon petition by the counselor, the suspension is terminated by the board 
77.13 	after a hearing or upon agreement between the board and the counselor.
77.14 		Subd. 6.Mental, physical, or chemical health evaluation. (a) If the board has 
77.15 	probable cause to believe that an applicant or licensee is unable to practice alcohol and 
77.16 	drug counseling with reasonable skill and safety due to a mental or physical illness or 
77.17 	condition, the board may direct the individual to submit to a mental, physical, or chemical 
77.18 	dependency examination or evaluation.
77.19 	(1) For the purposes of this section, every licensee and applicant is deemed to 
77.20 	have consented to submit to a mental, physical, or chemical dependency examination or 
77.21 	evaluation when directed in writing by the board and to have waived all objections to the 
77.22 	admissibility of the examining professionals' testimony or examination reports on the 
77.23 	grounds that the testimony or examination reports constitute a privileged communication. 
77.24 	(2) Failure of a licensee or applicant to submit to an examination when directed by 
77.25 	the board constitutes an admission of the allegations against the person, unless the failure 
77.26 	was due to circumstances beyond the person's control, in which case a default and final 
77.27 	order may be entered without the taking of testimony or presentation of evidence.
77.28 	(3) A licensee or applicant affected under this subdivision shall at reasonable 
77.29 	intervals be given an opportunity to demonstrate that the licensee or applicant can resume 
77.30 	the competent practice of licensed alcohol and drug counseling with reasonable skill 
77.31 	and safety to the public.
77.32 	(4) In any proceeding under this subdivision, neither the record of proceedings 
77.33 	nor the orders entered by the board shall be used against the licensee or applicant in 
77.34 	any other proceeding.
77.35 	(b) In addition to ordering a physical or mental examination, the board may, 
77.36 	notwithstanding section 13.384 or 144.651, or any other law limiting access to medical 
78.1 	or other health data, obtain medical data and health records relating to a licensee or 
78.2 	applicant without the licensee's or applicant's consent if the board has probable cause to 
78.3 	believe that subdivision 1, clause (9), applies to the licensee or applicant. The medical 
78.4 	data may be requested from:
78.5 	(1) a provider, as defined in section 144.291, subdivision 2, paragraph (h);
78.6 	(2) an insurance company; or
78.7 	(3) a government agency, including the Department of Human Services.
78.8 	(c) A provider, insurance company, or government agency must comply with any 
78.9 	written request of the board under this subdivision and is not liable in any action for 
78.10 	damages for releasing the data requested by the board if the data are released pursuant to a 
78.11 	written request under this subdivision, unless the information is false and the provider 
78.12 	giving the information knew, or had reason to believe, the information was false.
78.13 	(d) Information obtained under this subdivision is classified as private under sections 
78.14 	13.01 to 13.87.

78.15 	Sec. 19. [148F.095] ADDITIONAL REMEDIES.
78.16 		Subdivision 1.Cease and desist. (a) The board may issue a cease and desist order 
78.17 	to stop a person from violating or threatening to violate a statute, rule, or order which the 
78.18 	board has issued or has authority to enforce. The cease and desist order must state the 
78.19 	reason for its issuance and give notice of the person's right to request a hearing under 
78.20 	sections 14.57 to 14.62. If, within 15 days of service of the order, the subject of the order 
78.21 	fails to request a hearing in writing, the order is the final order of the board and is not 
78.22 	reviewable by a court or agency. 
78.23 	(b) A hearing must be initiated by the board not later than 30 days from the date 
78.24 	of the board's receipt of a written hearing request. Within 30 days of receipt of the 
78.25 	administrative law judge's report, and any written agreement or exceptions filed by the 
78.26 	parties, the board shall issue a final order modifying, vacating, or making permanent the 
78.27 	cease and desist order as the facts require. The final order remains in effect until modified 
78.28 	or vacated by the board. 
78.29 	(c) When a request for a stay accompanies a timely hearing request, the board may, 
78.30 	in the board's discretion, grant the stay. If the board does not grant a requested stay, the 
78.31 	board shall refer the request to the Office of Administrative Hearings within three working 
78.32 	days of receipt of the request. Within ten days after receiving the request from the board, 
78.33 	an administrative law judge shall issue a recommendation to grant or deny the stay. The 
78.34 	board shall grant or deny the stay within five working days of receiving the administrative 
78.35 	law judge's recommendation. 
79.1 	(d) In the event of noncompliance with a cease and desist order, the board may 
79.2 	institute a proceeding in district court to obtain injunctive relief or other appropriate 
79.3 	relief, including a civil penalty payable to the board, not to exceed $10,000 for each 
79.4 	separate violation.
79.5 		Subd. 2.Injunctive relief. In addition to any other remedy provided by law, 
79.6 	including the issuance of a cease and desist order under subdivision 1, the board may in 
79.7 	the board's own name bring an action in district court for injunctive relief to restrain an 
79.8 	alcohol and drug counselor from a violation or threatened violation of any statute, rule, or 
79.9 	order which the board has authority to administer, enforce, or issue.
79.10 		Subd. 3.Additional powers. The issuance of a cease and desist order or injunctive 
79.11 	relief granted under this section does not relieve a counselor from criminal prosecution by 
79.12 	a competent authority or from disciplinary action by the board.

79.13 	Sec. 20. [148F.100] COOPERATION.
79.14 	An alcohol and drug counselor who is the subject of an investigation, or who 
79.15 	is questioned in connection with an investigation, by or on behalf of the board, shall 
79.16 	cooperate fully with the investigation. Cooperation includes responding fully to any 
79.17 	question raised by or on behalf of the board relating to the subject of the investigation, 
79.18 	whether tape recorded or not. Challenges to requests of the board may be brought before 
79.19 	the appropriate agency or court.

79.20 	Sec. 21. [148F.105] PROHIBITED PRACTICE OR USE OF TITLES; PENALTY.
79.21 		Subdivision 1.Practice. No person shall engage in alcohol and drug counseling 
79.22 	without first being licensed under this chapter as an alcohol and drug counselor. For 
79.23 	purposes of this chapter, an individual engages in the practice of alcohol and drug 
79.24 	counseling if the individual performs or offers to perform alcohol and drug counseling 
79.25 	services as defined in section 148F.010, subdivision 18, or if the individual is held out as 
79.26 	able to perform those services.
79.27 		Subd. 2.Use of titles. (a) No individual shall present themselves or any other 
79.28 	individual to the public by any title incorporating the words "licensed alcohol and drug 
79.29 	counselor," "alcohol and drug counselor," or otherwise hold themselves out to the public 
79.30 	by any title or description stating or implying that they are licensed or otherwise qualified 
79.31 	to practice alcohol and drug counseling, unless that individual holds a valid license.
79.32 	(b) An individual issued a temporary permit must use titles consistent with section 
79.33 	148F.035, subdivisions 1 and 2, paragraph (c), clause (3).
80.1 	(c) An individual who is participating in an alcohol and drug counseling practicum 
80.2 	for purposes of licensure by the board may be designated an "alcohol and drug counselor 
80.3 	intern."
80.4 	(d) Individuals who are trained in alcohol and drug counseling and employed by an 
80.5 	educational institution recognized by a regional accrediting organization, by a federal, 
80.6 	state, county, or local government institution, by agencies, or research facilities, may 
80.7 	represent themselves by the titles designated by that organization provided the title does 
80.8 	not indicate the individual is licensed by the board.
80.9 		Subd. 3.Penalty. A person who violates sections 148F.001 to 148F.205 is guilty 
80.10 	of a misdemeanor.

80.11 	Sec. 22. [148F.110] EXCEPTIONS TO LICENSE REQUIREMENT.
80.12 		Subdivision 1.Other professionals. (a) Nothing in this chapter prevents members 
80.13 	of other professions or occupations from performing functions for which they are qualified 
80.14 	or licensed. This exception includes, but is not limited to: licensed physicians; registered 
80.15 	nurses; licensed practical nurses; licensed psychologists and licensed psychological 
80.16 	practitioners; members of the clergy provided such services are provided within the scope 
80.17 	of regular ministries; American Indian medicine men and women; licensed attorneys; 
80.18 	probation officers; licensed marriage and family therapists; licensed social workers; social 
80.19 	workers employed by city, county, or state agencies; licensed professional counselors; 
80.20 	licensed professional clinical counselors; licensed school counselors; registered 
80.21 	occupational therapists or occupational therapy assistants; Upper Midwest Indian Council 
80.22 	on Addictive Disorders (UMICAD) certified counselors when providing services to Native 
80.23 	American people; city, county, or state employees when providing assessments or case 
80.24 	management under Minnesota Rules, chapter 9530; and individuals providing integrated 
80.25 	dual-diagnosis treatment in adult mental health rehabilitative programs certified by the 
80.26 	Department of Human Services under section 256B.0622 or 256B.0623. 
80.27 	(b) Nothing in this chapter prohibits technicians and resident managers in programs 
80.28 	licensed by the Department of Human Services from discharging their duties as provided 
80.29 	in Minnesota Rules, chapter 9530.
80.30 	(c) Any person who is exempt from licensure under this section must not use a 
80.31 	title incorporating the words "alcohol and drug counselor" or "licensed alcohol and drug 
80.32 	counselor" or otherwise hold themselves out to the public by any title or description 
80.33 	stating or implying that they are engaged in the practice of alcohol and drug counseling, or 
80.34 	that they are licensed to engage in the practice of alcohol and drug counseling, unless that 
80.35 	person is also licensed as an alcohol and drug counselor. Persons engaged in the practice 
81.1 	of alcohol and drug counseling are not exempt from the board's jurisdiction solely by the 
81.2 	use of one of the titles in paragraph (a). 
81.3 		Subd. 2.Students. Nothing in sections 148F.001 to 148F.110 shall prevent students 
81.4 	enrolled in an accredited school of alcohol and drug counseling from engaging in the 
81.5 	practice of alcohol and drug counseling while under qualified supervision in an accredited 
81.6 	school of alcohol and drug counseling.
81.7 		Subd. 3.Federally recognized tribes. Alcohol and drug counselors practicing 
81.8 	alcohol and drug counseling according to standards established by federally recognized 
81.9 	tribes, while practicing under tribal jurisdiction, are exempt from the requirements of this 
81.10 	chapter. In practicing alcohol and drug counseling under tribal jurisdiction, individuals 
81.11 	practicing under that authority shall be afforded the same rights, responsibilities, and 
81.12 	recognition as persons licensed under this chapter.

81.13 	Sec. 23. [148F.115] FEES.
81.14 		Subdivision 1.Application fee. The application fee is $295.
81.15 		Subd. 2.Biennial renewal fee. The license renewal fee is $295. If the board 
81.16 	establishes a renewal schedule, and the scheduled renewal date is less than two years, 
81.17 	the fee may be prorated.
81.18 		Subd. 3.Temporary permit fee. Temporary permit fees are as follows:
81.19 	(1) initial application fee is $100; and
81.20 	(2) annual renewal fee is $150. If the initial term is less or more than one year, 
81.21 	the fee may be prorated.
81.22 		Subd. 4.Inactive license renewal fee. The inactive license renewal fee is $150.
81.23 		Subd. 5.Late fees. Late fees are as follows:
81.24 	(1) biennial renewal late fee is $74;
81.25 	(2) inactive license renewal late fee is $37; and
81.26 	(3) annual temporary permit late fee is $37.
81.27 		Subd. 6.Fee to renew after expiration of license. The fee for renewal of a license 
81.28 	that has been expired for less than two years is the total of the biennial renewal fee in 
81.29 	effect at the time of late renewal and the late fee.
81.30 		Subd. 7.Fee for license verification. The fee for license verification is $25.
81.31 		Subd. 8.Surcharge fee. Notwithstanding section 16A.1285, subdivision 2, a 
81.32 	surcharge of $99 shall be paid at the time of initial application for or renewal of an alcohol 
81.33 	and drug counselor license until June 30, 2013.
81.34 		Subd. 9.Sponsor application fee. The fee for a sponsor application for approval 
81.35 	of a continuing education course is $60.
82.1 		Subd. 10.Order or stipulation fee. The fee for a copy of a board order or 
82.2 	stipulation is $10.
82.3 		Subd. 11.Duplicate certificate fee. The fee for a duplicate certificate is $25.
82.4 		Subd. 12.Supervisor application processing fee. The fee for licensure supervisor 
82.5 	application processing is $30.
82.6 		Subd. 13.Nonrefundable fees. All fees in this section are nonrefundable.

82.7 	Sec. 24. [148F.120] CONDUCT.
82.8 		Subdivision 1.Scope. Sections 148F.120 to 148F.205 apply to the conduct of all 
82.9 	alcohol and drug counselors, licensees, and applicants, including conduct during the 
82.10 	period of education, training, and employment that is required for licensure.
82.11 		Subd. 2.Purpose. Sections 148F.120 to 148F.205 constitute the standards by which 
82.12 	the professional conduct of alcohol and drug counselors is measured.
82.13 		Subd. 3.Violations. A violation of sections 148F.120 to 148F.205 is unprofessional 
82.14 	conduct and constitutes grounds for disciplinary action, corrective action, or denial of 
82.15 	licensure.
82.16 		Subd. 4.Conflict with organizational demands. If the organizational policies at 
82.17 	the provider's work setting conflict with any provision in sections 148F.120 to 148F.205, 
82.18 	the provider shall discuss the nature of the conflict with the employer, make known the 
82.19 	requirement to comply with these sections of law, and attempt to resolve the conflict 
82.20 	in a manner that does not violate the law.

82.21 	Sec. 25. [148F.125] COMPETENT PROVISION OF SERVICES.
82.22 		Subdivision 1.Limits on practice. Alcohol and drug counselors shall limit their 
82.23 	practice to the client populations and services for which they have competence or for 
82.24 	which they are developing competence.
82.25 		Subd. 2.Developing competence. When an alcohol and drug counselor is 
82.26 	developing competence in a service, method, procedure, or to treat a specific client 
82.27 	population, the alcohol and drug counselor shall obtain professional education, training, 
82.28 	continuing education, consultation, supervision, or experience, or a combination thereof, 
82.29 	necessary to demonstrate competence.
82.30 		Subd. 3.Experimental, emerging, or innovative services. Alcohol and drug 
82.31 	counselors may offer experimental services, methods, or procedures competently and 
82.32 	in a manner that protects clients from harm.  However, when doing so, they have a 
82.33 	heightened responsibility to understand and communicate the potential risks to clients, to 
83.1 	use reasonable skill and safety, and to undertake appropriate preparation as required in 
83.2 	subdivision 2.
83.3 		Subd. 4.Limitations. Alcohol and drug counselors shall recognize the limitations 
83.4 	to the scope of practice of alcohol and drug counseling. When the needs of clients appear 
83.5 	to be outside their scope of practice, providers shall inform the clients that there may be 
83.6 	other professional, technical, community, and administrative resources available to them. 
83.7 	Providers shall assist with identifying resources when it is in the best interests of clients to 
83.8 	be provided with alternative or complementary services.
83.9 		Subd. 5.Burden of proof. Whenever a complaint is submitted to the board 
83.10 	involving a violation of this section, the burden of proof is on the provider to demonstrate 
83.11 	that the elements of competence have reasonably been met.

83.12 	Sec. 26. [148F.130] PROTECTING CLIENT PRIVACY.
83.13 		Subdivision 1.Protecting private information. The provider shall safeguard 
83.14 	private information obtained in the course of the practice of alcohol and drug counseling. 
83.15 	Private information may be disclosed to others only according to section 148F.135, or 
83.16 	with certain exceptions as specified in subdivisions 2 to 13. 
83.17 		Subd. 2.Duty to warn; limitation on liability. Private information may be 
83.18 	disclosed without the consent of the client when a duty to warn arises, or as otherwise 
83.19 	provided by law or court order. The duty to warn of, or take reasonable precautions to 
83.20 	provide protection from, violent behavior arises only when a client or other person has 
83.21 	communicated to the provider a specific, serious threat of physical violence to self or a 
83.22 	specific, clearly identified or identifiable potential victim. If a duty to warn arises, the duty 
83.23 	is discharged by the provider if reasonable efforts are made to communicate the threat to 
83.24 	law enforcement agencies, the potential victim, the family of the client, or appropriate 
83.25 	third parties who are in a position to prevent or avert the harm. No monetary liability 
83.26 	and no cause of action or disciplinary action by the board may arise against a provider 
83.27 	for disclosure of confidences to third parties, for failure to disclose confidences to third 
83.28 	parties, or for erroneous disclosure of confidences to third parties in a good faith effort to 
83.29 	warn against or take precautions against a client's violent behavior or threat of suicide.
83.30 		Subd. 3.Services to group clients. Whenever alcohol and drug counseling 
83.31 	services are provided to group clients, the provider shall initially inform each client of the 
83.32 	provider's responsibility and each client's individual responsibility to treat any information 
83.33 	gained in the course of rendering the services as private information, including any 
83.34 	limitations to each client's right to privacy.
84.1 		Subd. 4.Obtaining collateral information. Prior to obtaining collateral 
84.2 	information about a client from other individuals, the provider shall obtain consent from 
84.3 	the client unless the consent is not required by law or court order, and shall inform the 
84.4 	other individuals that the information obtained may become part of the client's records and 
84.5 	may therefore be accessed or released by the client, unless prohibited by law. For purposes 
84.6 	of this subdivision, "other individual" means any individual, except for credentialed health 
84.7 	care providers acting in their professional capacities, who participates adjunctively in 
84.8 	the provision of services to a client. Examples of other individuals include, but are not 
84.9 	limited to, family members, friends, coworkers, day care workers, guardian ad litems, 
84.10 	foster parents, or school personnel.
84.11 		Subd. 5.Minor clients. At the beginning of a professional relationship, the provider 
84.12 	shall inform a minor client that the law imposes limitations on the right of privacy of the 
84.13 	minor with respect to the minor's communications with the provider. This requirement is 
84.14 	waived when the minor cannot reasonably be expected to understand the privacy statement.
84.15 		Subd. 6.Limited access to client records. The provider shall limit access to client 
84.16 	records. The provider shall make reasonable efforts to inform individuals associated 
84.17 	with the provider's agency or facility, such as staff members, students, volunteers, or 
84.18 	community aides, that access to client records, regardless of their format, is limited only to 
84.19 	the provider with whom the client has a professional relationship, an individual associated 
84.20 	with the agency or facility whose duties require access, or individuals authorized to have 
84.21 	access by the written informed consent of the client.
84.22 		Subd. 7.Billing statements for services. The provider shall comply with the 
84.23 	privacy wishes of clients regarding to whom and where statements for services are to be 
84.24 	sent.
84.25 		Subd. 8.Case reports. The identification of the client shall be reasonably disguised 
84.26 	in case reports or other clinical materials used in teaching, presentations, professional 
84.27 	meetings, or publications.
84.28 		Subd. 9.Observation and recording. Diagnostic interviews or therapeutic sessions 
84.29 	with a client may be observed or electronically recorded only with the client's written 
84.30 	informed consent.
84.31 		Subd. 10.Continued protection of client information. The provider shall maintain 
84.32 	the privacy of client data indefinitely after the professional relationship has ended.
84.33 		Subd. 11.Court-ordered or other mandated disclosures. The proper disclosure 
84.34 	of private client data upon a court order or to conform with state or federal law shall not be 
84.35 	considered a violation of sections 148F.120 to 148F.205.
85.1 		Subd. 12.Abuse or neglect of minor or vulnerable adults. An applicant or 
85.2 	licensee must comply with the reporting of maltreatment of minors established in section 
85.3 	626.556 and the reporting of maltreatment of vulnerable adults established in section 
85.4 	626.557.
85.5 		Subd. 13.Initial contacts. When an individual initially contacts a provider 
85.6 	regarding alcohol and drug counseling services, the provider or another individual 
85.7 	designated by the provider may, with oral consent from the potential client, contact third 
85.8 	parties to determine payment or benefits information, arrange for precertification of 
85.9 	services when required by the individual's health plan, or acknowledge a referral from 
85.10 	another health care professional.

85.11 	Sec. 27. [148F.135] PRIVATE INFORMATION; ACCESS AND RELEASE.
85.12 		Subdivision 1.Client right to access and release private information. A client 
85.13 	has the right to access and release private information maintained by the provider, 
85.14 	including client records as provided in Minnesota Statutes, sections 144.291 to 144.298, 
85.15 	relating to the provider's counseling services to that client, except as otherwise provided 
85.16 	by law or court order. 
85.17 		Subd. 2.Release of private information. (a) When a client makes a request for 
85.18 	the provider to release the client's private information, the request must be in writing 
85.19 	and signed by the client. Informed consent is not required. When the request involves 
85.20 	client records, all pertinent information shall be released in compliance with sections 
85.21 	144.291 to 144.298.
85.22 	(b) If the provider initiates the request to release the client's private information, 
85.23 	written authorization for the release of information must be obtained from the client 
85.24 	and must include, at a minimum:
85.25 	(1) the name of the client;
85.26 	(2) the name of the individual or entity providing the information;
85.27 	(3) the name of the individual or entity to which the release is made;
85.28 	(4) the types of information to be released, such as progress notes, diagnoses, 
85.29 	assessment data, or other specific information;
85.30 	(5) the purpose of the release, such as whether the release is to coordinate 
85.31 	professional care with another provider, to obtain insurance payment for services, or for 
85.32 	other specified purposes;
85.33 	(6) the time period covered by the consent;
85.34 	(7) a statement that the consent is valid for one year, except as otherwise allowed by 
85.35 	statute, or for a lesser period that is specified in the consent;
86.1 	(8) a declaration that the individual signing the statement has been told of and 
86.2 	understands the nature and purpose of the authorized release;
86.3 	(9) a statement that the consent may be rescinded, except to the extent that the 
86.4 	consent has already been acted upon or that the right to rescind consent has been waived 
86.5 	separately in writing;
86.6 	(10) the signature of the client or the client's legally authorized representative, whose 
86.7 	relationship to the client must be stated; and
86.8 	(11) the date on which the consent is signed.
86.9 		Subd. 3.Group client records. Whenever counseling services are provided to 
86.10 	group clients, each client has the right to access or release only that information in the 
86.11 	records that the client has provided directly or has authorized other sources to provide, 
86.12 	unless otherwise directed by law or court order. Upon a request by one client to access or 
86.13 	release group client records, that information in the records that has not been provided 
86.14 	directly or by authorization of the requesting client must be redacted unless written 
86.15 	authorization to disclose this information has been obtained from the other clients.
86.16 		Subd. 4.Board investigation. The board shall be allowed access to any records of 
86.17 	a client provided services by an applicant or licensee who is under investigation. If the 
86.18 	client has not signed a consent permitting access to the client's records, the applicant or 
86.19 	licensee must delete any data that identifies the client before providing them to the board. 
86.20 	The board shall maintain any records as investigative data pursuant to chapter 13.

86.21 	Sec. 28. [148F.140] INFORMED CONSENT.
86.22 		Subdivision 1.Obtaining informed consent for services. The provider shall obtain 
86.23 	informed consent from the client before initiating services. The informed consent must be 
86.24 	in writing, signed by the client, and include the following, at a minimum:
86.25 	(1) authorization for the provider to engage in an activity which directly affects 
86.26 	the client;
86.27 	(2) the goals, purposes, and procedures of the proposed services;
86.28 	(3) the factors that may impact the duration of the service;
86.29 	(4) the applicable fee schedule;
86.30 	(5) the limits to the client's privacy, including but not limited to the provider's duty 
86.31 	to warn pursuant to section 148F.130, subdivision 2;
86.32 	(6) the provider's responsibilities if the client terminates the service;
86.33 	(7) the significant risks and benefits of the service, including whether the service 
86.34 	may affect the client's legal or other interests;
87.1 	(8) the provider's responsibilities under section 148F.125, subdivision 3, if the 
87.2 	proposed service, method, or procedure is of an experimental, emerging, or innovative 
87.3 	nature; and
87.4 	(9) if applicable, information that the provider is developing competence in the 
87.5 	proposed service, method, or procedure, and alternatives to the proposed service, if any.
87.6 		Subd. 2.Updating informed consent. If there is a substantial change in the nature 
87.7 	or purpose of a service, the provider must obtain a new informed consent from the client.
87.8 		Subd. 3.Emergency or crisis services. Informed consent is not required when 
87.9 	a provider is providing emergency or crisis services. If services continue after the 
87.10 	emergency or crisis has abated, informed consent must be obtained.

87.11 	Sec. 29. [148F.145] TERMINATION OF SERVICES.
87.12 		Subdivision 1.Right to terminate services. Either the client or the provider may 
87.13 	terminate the professional relationship unless prohibited by law or court order.
87.14 		Subd. 2.Mandatory termination of services. The provider shall promptly 
87.15 	terminate services to a client whenever:
87.16 	(1) the provider's objectivity or effectiveness is impaired, unless a resolution can be 
87.17 	achieved as permitted in section 148F.155, subdivision 2; or
87.18 	(2) the client would be harmed by further services.
87.19 		Subd. 3.Notification of termination. When the provider initiates a termination 
87.20 	of professional services, the provider shall inform the client either orally or in writing. 
87.21 	This requirement shall not apply when the termination is due to the successful completion 
87.22 	of a predefined service such as an assessment, or if the client terminates the professional 
87.23 	relationship.
87.24 		Subd. 4.Recommendation upon termination. (a) Upon termination of counseling 
87.25 	services, the provider shall make a recommendation for alcohol and drug counseling 
87.26 	services if requested by the client or if the provider believes the services are needed by 
87.27 	the client.
87.28 	(b) A recommendation for alcohol and drug counseling services is not required if 
87.29 	the professional service provided is limited to an alcohol and drug assessment and a 
87.30 	recommendation for continued services is not requested.
87.31 		Subd. 5.Absence from practice. Nothing in this section requires the provider to 
87.32 	terminate a client due to an absence from practice that is the result of a period of illness 
87.33 	or injury that does not affect the provider's ability to practice with reasonable skill and 
87.34 	safety, as long as arrangements have been made for temporary counseling services that 
87.35 	may be needed by the client during the provider's absence.

88.1 	Sec. 30. [148F.150] RECORD KEEPING.
88.2 		Subdivision 1.Record-keeping requirements. Providers must maintain accurate 
88.3 	and legible client records. Records must include, at a minimum:
88.4 	(1) an accurate chronological listing of all substantive contacts with the client;
88.5 	(2) documentation of services, including:
88.6 	(i) assessment methods, data, and reports;
88.7 	(ii) an initial treatment plan and any revisions to the plan;
88.8 	(iii) the name of the individual providing services;
88.9 	(iv) the name and credentials of the individual who is professionally responsible 
88.10 	for the services provided;
88.11 	(v) case notes for each date of service, including interventions;
88.12 	(vi) consultations with collateral sources;
88.13 	(vii) diagnoses or presenting problems; and
88.14 	(viii) documentation that informed consent was obtained, including written informed 
88.15 	consent documents;
88.16 	(3) copies of all correspondence relevant to the client;
88.17 	(4) a client personal data sheet;
88.18 	(5) copies of all client authorizations for release of information;
88.19 	(6) an accurate chronological listing of all fees charged, if any, to the client or 
88.20 	a third party payer; and
88.21 	(7) any other documents pertaining to the client.
88.22 		Subd. 2.Duplicate records. If the client records containing the documentation 
88.23 	required by subdivision 1 are maintained by the agency, clinic, or other facility where the 
88.24 	provider renders services, the provider is not required to maintain duplicate records of 
88.25 	client information.
88.26 		Subd. 3.Record retention. The provider shall retain a client's record for a minimum 
88.27 	of seven years after the date of the provider's last professional service to the client, except 
88.28 	as otherwise provided by law. If the client is a minor, the record retention period does not 
88.29 	begin until the client reaches the age of 18, except as otherwise provided by law.

88.30 	Sec. 31. [148F.155] IMPAIRED OBJECTIVITY OR EFFECTIVENESS.
88.31 		Subdivision 1.Situations involving impaired objectivity or effectiveness. (a) An 
88.32 	alcohol and drug counselor must not provide alcohol and drug counseling services to a 
88.33 	client or potential client when the counselor's objectivity or effectiveness is impaired.
89.1 	(b) The provider shall not provide alcohol and drug counseling services to a client 
89.2 	if doing so would create a multiple relationship. For purposes of this section, "multiple 
89.3 	relationship" means one that is both professional and:
89.4 	(1) cohabitational;
89.5 	(2) familial;
89.6 	(3) one in which there has been personal involvement with the client or family 
89.7 	member of the client that is reasonably likely to adversely affect the client's welfare or 
89.8 	ability to benefit from services; or
89.9 	(4) one in which there is significant financial involvement other than legitimate 
89.10 	payment for professional services rendered that is reasonably likely to adversely affect the 
89.11 	client's welfare or ability to benefit from services.
89.12 	If an unforeseen multiple relationship arises after services have been initiated, the 
89.13 	provider shall promptly terminate the professional relationship.
89.14 	(c) The provider shall not provide alcohol and drug counseling services to a client 
89.15 	who is also the provider's student or supervisee. If an unforeseen situation arises in which 
89.16 	both types of services are required or requested by the client or a third party, the provider 
89.17 	shall decline to provide the services.
89.18 	(d) The provider shall not provide alcohol and drug counseling services to a client 
89.19 	when the provider is biased for or against the client for any reason that interferes with the 
89.20 	provider's impartial judgment, including where the client is a member of a class legally 
89.21 	protected from discrimination. The provider may provide services if the provider is 
89.22 	working to resolve the impairment in the manner required under subdivision 2.
89.23 	(e) The provider shall not provide alcohol and drug counseling services to a client 
89.24 	when there is a fundamental divergence or conflict of service goals, interests, values, 
89.25 	or attitudes between the client and the provider that adversely affects the professional 
89.26 	relationship. The provider may provide services if the provider is working to resolve the 
89.27 	impairment in the manner required under subdivision 2.
89.28 		Subd. 2.Resolution of impaired objectivity or effectiveness. (a) When an 
89.29 	impairment occurs that is listed in subdivision 1, paragraph (d) or (e), the provider may 
89.30 	provide services only if the provider actively pursues resolution of the impairment and is 
89.31 	able to do so in a manner that results in minimal adverse effects on the client or potential 
89.32 	client.
89.33 	(b) If the provider attempts to resolve the impairment, it must be by means of 
89.34 	professional education, training, continuing education, consultation, psychotherapy, 
89.35 	intervention, supervision, or discussion with the client or potential client, or an appropriate 
89.36 	combination thereof.

90.1 	Sec. 32. [148F.160] PROVIDER IMPAIRMENT.
90.2 	The provider shall not provide counseling services to clients when the provider is 
90.3 	unable to provide services with reasonable skill and safety as a result of a physical or 
90.4 	mental illness or condition, including, but not limited to, substance abuse or dependence. 
90.5 	During the period the provider is unable to practice with reasonable skill and safety, the 
90.6 	provider shall either promptly terminate the professional relationship with all clients or 
90.7 	shall make arrangements for other alcohol and drug counselors to provide temporary 
90.8 	services during the provider's absence.

90.9 	Sec. 33. [148F.165] CLIENT WELFARE.
90.10 		Subdivision 1.Explanation of procedures. A client has the right to have, and a 
90.11 	counselor has the responsibility to provide, a nontechnical explanation of the nature and 
90.12 	purpose of the counseling procedures to be used and the results of tests administered to the 
90.13 	client. The counselor shall establish procedures to be followed if the explanation is to be 
90.14 	provided by another individual under the direction of the counselor.
90.15 		Subd. 2.Clients' bill of rights. The client bill of rights required by section 144.652, 
90.16 	shall be prominently displayed on the premises of the professional practice or provided 
90.17 	as a handout to each client. The document must state that consumers of alcohol and 
90.18 	drug counseling services have the right to:
90.19 	(1) expect that the provider meets the minimum qualifications of training and 
90.20 	experience required by state law;
90.21 	(2) examine public records maintained by the Board of Behavioral Health and 
90.22 	Therapy that contain the credentials of the provider;
90.23 	(3) report complaints to the Board of Behavioral Health and Therapy;
90.24 	(4) be informed of the cost of professional services before receiving the services;
90.25 	(5) privacy as defined and limited by law and rule;
90.26 	(6) be free from being the object of unlawful discrimination while receiving 
90.27 	counseling services;
90.28 	(7) have access to their records as provided in sections 144.92 and 148F.135, 
90.29 	subdivision 1, except as otherwise provided by law;
90.30 	(8) be free from exploitation for the benefit or advantage of the provider;
90.31 	(9) terminate services at any time, except as otherwise provided by law or court 
90.32 	order;
90.33 	(10) know the intended recipients of assessment results;
90.34 	(11) withdraw consent to release assessment results, unless the right is prohibited by 
90.35 	law or court order or was waived by prior written agreement;
91.1 	(12) a nontechnical description of assessment procedures; and
91.2 	(13) a nontechnical explanation and interpretation of assessment results, unless this 
91.3 	right is prohibited by law or court order or was waived by prior written agreement.
91.4 		Subd. 3.Stereotyping. The provider shall treat the client as an individual and 
91.5 	not impose on the client any stereotypes of behavior, values, or roles related to human 
91.6 	diversity.
91.7 		Subd. 4.Misuse of client relationship. The provider shall not misuse the 
91.8 	relationship with a client due to a relationship with another individual or entity.
91.9 		Subd. 5.Exploitation of client. The provider shall not exploit the professional 
91.10 	relationship with a client for the provider's emotional, financial, sexual, or personal 
91.11 	advantage or benefit. This prohibition extends to former clients who are vulnerable or 
91.12 	dependent on the provider.
91.13 		Subd. 6.Sexual behavior with client. A provider shall not engage in any sexual 
91.14 	behavior with a client including:
91.15 	(1) sexual contact, as defined in section 604.20, subdivision 7; or
91.16 	(2) any physical, verbal, written, interactive, or electronic communication, conduct, 
91.17 	or act that may be reasonably interpreted to be sexually seductive, demeaning, or 
91.18 	harassing to the client.
91.19 		Subd. 7.Sexual behavior with a former client. A provider shall not engage in any 
91.20 	sexual behavior as described in subdivision 6 within the two-year period following the 
91.21 	date of the last counseling service to a former client. This prohibition applies whether or 
91.22 	not the provider has formally terminated the professional relationship. This prohibition 
91.23 	extends indefinitely for a former client who is vulnerable or dependent on the provider.
91.24 		Subd. 8.Preferences and options for treatment. A provider shall disclose to the 
91.25 	client the provider's preferences for choice of treatment or outcome and shall present other 
91.26 	options for the consideration or choice of the client.
91.27 		Subd. 9.Referrals. A provider shall make a prompt and appropriate referral of the 
91.28 	client to another professional when requested to make a referral by the client.

91.29 	Sec. 34. [148F.170] WELFARE OF STUDENTS, SUPERVISEES, AND 
91.30 	RESEARCH SUBJECTS.
91.31 		Subdivision 1.General. Due to the evaluative, supervisory, or other authority that 
91.32 	providers who teach, evaluate, supervise, or conduct research have over their students, 
91.33 	supervisees, or research subjects, they shall protect the welfare of these individuals.
91.34 		Subd. 2.Student, supervisee, and research subject protections. To protect the 
91.35 	welfare of their students, supervisees, or research subjects, providers shall not:
92.1 	(1) discriminate on the basis of race, ethnicity, national origin, religious affiliation, 
92.2 	language, age, gender, physical disabilities, mental capabilities, sexual orientation or 
92.3 	identity, marital status, or socioeconomic status;
92.4 	(2) exploit or misuse the professional relationship for the emotional, financial, 
92.5 	sexual, or personal advantage or benefit of the provider or another individual or entity;
92.6 	(3) engage in any sexual behavior with a current student, supervisee, or research 
92.7 	subject, including sexual contact, as defined in section 604.20, subdivision 7, or any 
92.8 	physical, verbal, written, interactive, or electronic communication, conduct, or act that 
92.9 	may be reasonably interpreted to be sexually seductive, demeaning, or harassing. Nothing 
92.10 	in this part shall prohibit a provider from engaging in teaching or research with an 
92.11 	individual with whom the provider has a preexisting and ongoing sexual relationship; 
92.12 	(4) engage in any behavior likely to be deceptive or fraudulent;
92.13 	(5) disclose evaluative information except for legitimate professional or scientific 
92.14 	purposes; or
92.15 	(6) engage in any other unprofessional conduct.

92.16 	Sec. 35. [148F.175] MEDICAL AND OTHER HEALTH CARE 
92.17 	CONSIDERATIONS.
92.18 		Subdivision 1.Coordinating services with other health care professionals.
 92.19 	Upon initiating services, the provider shall inquire whether the client has a preexisting 
92.20 	relationship with another health care professional. If the client has such a relationship, 
92.21 	and it is relevant to the provider's services to the client, the provider shall, to the extent 
92.22 	possible and consistent with the wishes and best interests of the client, coordinate services 
92.23 	for the client with the other health care professional. This requirement does not apply if 
92.24 	brief crisis intervention services are provided.
92.25 		Subd. 2.Reviewing health care information. If the provider determines that a 
92.26 	client's preexisting relationship with another health care professional is relevant to the 
92.27 	provider's services to the client, the provider shall, to the extent possible and consistent 
92.28 	with the wishes and best interests of the client, review this information with the treating 
92.29 	health care professional.
92.30 		Subd. 3.Relevant medical conditions. If the provider believes that a client's 
92.31 	psychological condition may have medical etiology or consequence, the provider shall, 
92.32 	within the limits of the provider's competence, discuss this with the client and offer to 
92.33 	assist in identifying medical resources for the client.

92.34 	Sec. 36. [148F.180] ASSESSMENTS; TESTS; REPORTS.
93.1 		Subdivision 1.Assessments. Providers who conduct assessments of individuals 
93.2 	shall base their assessments on records, information, observations, and techniques 
93.3 	sufficient to substantiate their findings. They shall render opinions only after they 
93.4 	have conducted an examination of the individual adequate to support their statements 
93.5 	or conclusions, unless an examination is not practical despite reasonable efforts. An 
93.6 	assessment may be limited to reviewing records or providing testing services when an 
93.7 	individual examination is not necessary for the opinion requested.
93.8 		Subd. 2.Tests. Providers may administer and interpret tests within the scope of the 
93.9 	counselor's training, skill, and competence. 
93.10 		Subd. 3.Reports. Written and oral reports, including testimony as an expert 
93.11 	witness and letters to third parties concerning a client, must be based on information and 
93.12 	techniques sufficient to substantiate their findings. Reports must include:
93.13 	(1) a description of all assessments, evaluations, or other procedures, including 
93.14 	materials reviewed, which serve as a basis for the provider's conclusions;
93.15 	(2) reservations or qualifications concerning the validity or reliability of the opinions 
93.16 	and conclusions formulated and recommendations made;
93.17 	(3) a statement concerning any discrepancy, disagreement, or inconsistent or 
93.18 	conflicting information regarding the circumstances of the case that may have a bearing on 
93.19 	the provider's conclusions;
93.20 	(4) a statement of the nature of and reason for the use of a test that is administered, 
93.21 	recorded, scored, or interpreted in other than a standard and objective manner; and
93.22 	(5) a statement indicating when test interpretations or report conclusions are not 
93.23 	based on direct contact between the client and the provider.
93.24 		Subd. 4.Private information. Test results and interpretations regarding an 
93.25 	individual are private information.

93.26 	Sec. 37. [148F.185] PUBLIC STATEMENTS.
93.27 		Subdivision 1.Prohibition against false or misleading information. Public 
93.28 	statements by providers must not include false or misleading information. Providers shall 
93.29 	not solicit or use testimonials by quotation or implication from current clients or former 
93.30 	clients who are vulnerable to undue influence. The provider shall make reasonable efforts 
93.31 	to ensure that public statements by others on behalf of the provider are truthful and shall 
93.32 	make reasonable remedial efforts to bring a public statement into compliance with sections 
93.33 	148F.120 to 148F.205 when the provider becomes aware of a violation. 
93.34 		Subd. 2.Misrepresentation. The provider shall not misrepresent directly or 
93.35 	by implication professional qualifications including education, training, experience, 
94.1 	competence, credentials, or areas of specialization. The provider shall not misrepresent, 
94.2 	directly or by implication, professional affiliations or the purposes and characteristics of 
94.3 	institutions and organizations with which the provider is professionally associated.
94.4 		Subd. 3.Use of specialty board designation. Providers may represent themselves 
94.5 	as having an area of specialization from a specialty board, such as a designation as a 
94.6 	diplomate or fellow, if the specialty board used, at a minimum, the following criteria to 
94.7 	award such a designation:
94.8 	(1) specified educational requirements defined by the specialty board;
94.9 	(2) specified experience requirements defined by the specialty board;
94.10 	(3) a work product evaluated by other specialty board members; and
94.11 	(4) a face-to-face examination by a committee of specialty board members or a 
94.12 	comprehensive written examination in the area of specialization.

94.13 	Sec. 38. [148F.190] FEES; STATEMENTS.
94.14 		Subdivision 1.Disclosure. The provider shall disclose the fees for professional 
94.15 	services to a client before providing services.
94.16 		Subd. 2.Itemized statement. The provider shall itemize fees for all services for 
94.17 	which the client or a third party is billed and make the itemized statement available to 
94.18 	the client. The statement shall identify the date the service was provided, the nature of 
94.19 	the service, the name of the individual who provided the service, and the name of the 
94.20 	individual who is professionally responsible for the service.
94.21 		Subd. 3.Representation of billed services. The provider shall not directly or by 
94.22 	implication misrepresent to the client or to a third party billed for services the nature or the 
94.23 	extent of the services provided.
94.24 		Subd. 4.Claiming fees. The provider shall not claim a fee for counseling services 
94.25 	unless the provider is either the direct provider of the services or is clinically responsible 
94.26 	for providing the services and under whose supervision the services were provided.
94.27 		Subd. 5.Referrals. No commission, rebate, or other form of remuneration may be 
94.28 	given or received by a provider for the referral of clients for counseling services.

94.29 	Sec. 39. [148F.195] AIDING AND ABETTING UNLICENSED PRACTICE.
94.30 	A provider shall not aid or abet an unlicensed individual to engage in the practice of 
94.31 	alcohol and drug counseling. A provider who supervises a student as part of an alcohol 
94.32 	and drug counseling practicum is not in violation of this section. Properly qualified 
94.33 	individuals who administer and score testing instruments under the direction of a provider 
94.34 	who maintains responsibility for the service are not considered in violation of this section.

95.1 	Sec. 40. [148F.200] VIOLATION OF LAW.
95.2 	A provider shall not violate any law in which the facts giving rise to the violation 
95.3 	involve the practice of alcohol and drug counseling as defined in sections 148F.001 to 
95.4 	148F.205. In any board proceeding alleging a violation of this section, the proof of a 
95.5 	conviction of a crime constitutes proof of the underlying factual elements necessary to 
95.6 	that conviction.

95.7 	Sec. 41. [148F.205] COMPLAINTS TO BOARD.
95.8 		Subdivision 1.Mandatory reporting requirements. A provider is required to file a 
95.9 	complaint when the provider knows or has reason to believe that another provider:
95.10 	(1) is unable to practice with reasonable skill and safety as a result of a physical or 
95.11 	mental illness or condition, including, but not limited to, substance abuse or dependence, 
95.12 	except that this mandated reporting requirement is deemed fulfilled by a report made to 
95.13 	the Health Professionals Services Program (HPSP) as provided by Minnesota Statutes, 
95.14 	section 214.33, subdivision 1;
95.15 	(2) is engaging in or has engaged in sexual behavior with a client or former client in 
95.16 	violation of section 148F.165, subdivision 6 or 7;
95.17 	(3) has failed to report abuse or neglect of children or vulnerable adults in violation 
95.18 	of section 626.556 or 626.557; or
95.19 	(4) has employed fraud or deception in obtaining or renewing an alcohol and drug 
95.20 	counseling license.
95.21 		Subd. 2.Optional reporting requirements. Other than conduct listed in 
95.22 	subdivision 1, a provider who has reason to believe that the conduct of another provider 
95.23 	appears to be in violation of sections 148F.001 to 148F.205 may file a complaint with 
95.24 	the board.
95.25 		Subd. 3.Institutions. A state agency, political subdivision, agency of a local unit 
95.26 	of government, private agency, hospital, clinic, prepaid medical plan, or other health 
95.27 	care institution or organization located in this state shall report to the board any action 
95.28 	taken by the agency, institution, or organization or any of its administrators or medical 
95.29 	or other committees to revoke, suspend, restrict, or condition an alcohol and drug 
95.30 	counselor's privilege to practice or treat patients or clients in the institution, or as part of 
95.31 	the organization, any denial of privileges, or any other disciplinary action for conduct that 
95.32 	might constitute grounds for disciplinary action by the board under sections 148F.001 
95.33 	to 148F.205. The institution, organization, or governmental entity shall also report the 
95.34 	resignation of any alcohol and drug counselors before the conclusion of any disciplinary 
95.35 	action proceeding for conduct that might constitute grounds for disciplinary action under 
96.1 	this chapter, or before the commencement of formal charges but after the practitioner had 
96.2 	knowledge that formal charges were contemplated or were being prepared.
96.3 		Subd. 4.Professional societies. A state or local professional society for alcohol and 
96.4 	drug counselors shall report to the board any termination, revocation, or suspension of 
96.5 	membership or any other disciplinary action taken against an alcohol and drug counselor. 
96.6 	If the society has received a complaint that might be grounds for discipline under this 
96.7 	chapter against a member on which it has not taken any disciplinary action, the society 
96.8 	shall report the complaint and the reason why it has not taken action on it or shall direct 
96.9 	the complainant to the board.
96.10 		Subd. 5.Insurers. Each insurer authorized to sell insurance described in section 
96.11 	60A.06, subdivision 1, clause (13), and providing professional liability insurance to 
96.12 	alcohol and drug counselors or the Medical Joint Underwriting Association under chapter 
96.13 	62F, shall submit to the board quarterly reports concerning the alcohol and drug counselors 
96.14 	against whom malpractice settlements and awards have been made. The report must 
96.15 	contain at least the following information:
96.16 	(1) the total number of malpractice settlements or awards made;
96.17 	(2) the date the malpractice settlements or awards were made;
96.18 	(3) the allegations contained in the claim or complaint leading to the settlements or 
96.19 	awards made;
96.20 	(4) the dollar amount of each settlement or award;
96.21 	(5) the address of the practice of the alcohol and drug counselor against whom an 
96.22 	award was made or with whom a settlement was made; and
96.23 	(6) the name of the alcohol and drug counselor against whom an award was made or 
96.24 	with whom a settlement was made. The insurance company shall, in addition to the above 
96.25 	information, submit to the board any information, records, and files, including clients' 
96.26 	charts and records, it possesses that tend to substantiate a charge that a licensed alcohol 
96.27 	and drug counselor may have engaged in conduct violating this chapter.
96.28 		Subd. 6.Self-reporting. An alcohol and drug counselor shall report to the board 
96.29 	any personal action that would require that a report be filed with the board by any person, 
96.30 	health care facility, business, or organization under subdivisions 1 and 3 to 5. The alcohol 
96.31 	and drug counselor shall also report the revocation, suspension, restriction, limitation, 
96.32 	or other disciplinary action in this state and report the filing of charges regarding the 
96.33 	practitioner's license or right of practice in another state or jurisdiction.
96.34 		Subd. 7.Permission to report. A person who has knowledge of any conduct 
96.35 	constituting grounds for disciplinary action relating to the practice of alcohol and drug 
96.36 	counseling under this chapter may report the violation to the board.
97.1 		Subd. 8.Client complaints to the board. A provider shall, upon request, provide 
97.2 	information regarding the procedure for filing a complaint with the board and shall, upon 
97.3 	request, assist with filing a complaint. A provider shall not attempt to dissuade a client 
97.4 	from filing a complaint with the board, or require that the client waive the right to file a 
97.5 	complaint with the board as a condition for providing services.
97.6 		Subd. 9.Deadlines; forms. Reports required by subdivisions 1 and 3 to 6 must be 
97.7 	submitted no later than 30 days after the reporter learns of the occurrence of the reportable 
97.8 	event or transaction. The board may provide forms for the submission of the reports 
97.9 	required by this section and may require that reports be submitted on the forms provided.

97.10 	Sec. 42. REPORT; BOARD OF BEHAVIORAL HEALTH AND THERAPY.
 97.11 	(a) The Board of Behavioral Health and Therapy shall convene a working group 
97.12 	to evaluate the feasibility of a tiered licensure system for alcohol and drug counselors in 
97.13 	Minnesota. This evaluation shall include proposed scopes of practice for each tier, specific 
97.14 	degree and other education and examination requirements for each tier, the clinical 
97.15 	settings in which each tier of practitioner would be utilized, and any other issues the 
97.16 	board deems necessary.
97.17 	(b) Members of the working group shall include, but not be limited to, members of 
97.18 	the board, licensed alcohol and drug counselors, alcohol and drug counselor temporary 
97.19 	permit holders, faculty members from two- and four-year education programs, professional 
97.20 	organizations, and employers.
97.21 	(c) The board shall present its written report, including any proposed legislation, to 
97.22 	the chairs and ranking minority members of the legislative committees with jurisdiction 
97.23 	over health and human services no later than December 15, 2014.
97.24 	(d) The working group is not subject to the provisions of Minnesota Statutes, 
97.25 	section 15.059.

97.26 	Sec. 43.  REPEALER.
 97.27 	(a) Minnesota Rules, parts 4747.0010; 4747.0020; 4747.0030; 4747.0040; 
97.28 	4747.0050; 4747.0060; 4747.0070, subparts 1, 2, 3, and 6; 4747.0200; 4747.0400, subpart 
97.29 	1; 4747.0700; 4747.0800; 4747.0900; 4747.1100, subparts 1, 2, 4, 5, 6, 7, 8, and 9; 
97.30 	4747.1400; and 4747.1500, are repealed.
97.31 	(b) Minnesota Statutes 2010, sections 148C.01, subdivisions 1, 1a, 2, 2a, 2b, 2c, 
97.32 	2d, 2e, 2f, 2g, 4, 4a, 5, 7, 9, 10, 11, 11a, 12, 12a, 13, 14, 15, 16, 17, and 18; 148C.015; 
97.33 	148C.03, subdivisions 1 and 4; 148C.0351, subdivisions 1, 3, and 4; 148C.0355; 148C.04, 
97.34 	subdivisions 1, 2, 3, 4, 5a, 6, and 7; 148C.044; 148C.045; 148C.05; 148C.055; 148C.07; 
98.1 	148C.075; 148C.08; 148C.09, subdivisions 1, 1a, 2, and 4; 148C.091; 148C.093; 
98.2 	148C.095; 148C.099; 148C.10, subdivisions 1, 2, and 3; 148C.11; and 148C.12, 
98.3 	subdivisions 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15, are repealed.