1.1A bill for an act1.2relating to occupations and professions; changing licensing provisions to practice 1.3social work; regulating dental laboratories; establishing fees; appropriating 1.4money;amending Minnesota Statutes 2010, sections 148E.055, subdivision 1.51; 148E.060, subdivisions 1, 2, 3, 5, by adding a subdivision; 148E.065, 1.6subdivisions 2, 4, 5; 148E.120; 148E.195, subdivision 2; 148E.280; proposing 1.7coding for new law in Minnesota Statutes, chapters 148E; 150A; repealing 1.8Minnesota Statutes 2010, section 148E.065, subdivision 3.1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:1.10    Section 1. Minnesota Statutes 2010, section 148E.055, subdivision 1, is amended to 1.11read:1.12    Subdivision 1. License required. (a) In order to practice social work, an individual 1.13must have a social work license under this section or section 
         148E.060, except when the 1.14individual is exempt from licensure according to section 
         148E.065.1.15    (b) Individuals who teach professional social work knowledge, skills, and values to 1.16students and who have a social work degree from a program accredited by the Council 1.17on Social Work Education, the Canadian Association of Schools of Social Work, or a 1.18similar accreditation accrediting body designated by the board must have a social work 1.19license under this section or section 
         148E.060, except when the individual is exempt from 1.20licensure according to section 
         148E.065.1.21(c) Effective July 1, 2016, an individual who is newly employed by a city or 1.22state agency or a private nonprofit, nontribal agency previously exempt from licensure 1.23under Minnesota Statutes 2010, section 148D.065, subdivision 5, and section 148E.065, 1.24subdivision 5, must be licensed if:1.25(1) the individual is presented to the public by any title incorporating the words 1.26"social work" or "social worker"; or2.1(2) the individual has a baccalaureate or graduate degree in social work from a 2.2program accredited by the Council on Social Work Education, the Canadian Association 2.3of Schools of Social Work, or a similar accrediting body designated by the board, and the 2.4individual provides social work services, including clinical social work services, as those 2.5services are defined in section 148E.010, subdivisions 6 and 11.2.6EFFECTIVE DATE.This section is effective August 1, 2012.2.7    Sec. 2. [148E.0555] LICENSE REQUIREMENTS; GRANDFATHERING.2.8    Subdivision 1.Grandfathering period.(a) The board shall issue a license to an 2.9applicant who meets all the requirements in this section and has submitted a completed, 2.10signed application and the required fee between January 1, 2013, and December 31, 2014.2.11(b) If the applicant does not provide all of the information requested by the board 2.12by December 31, 2015, the applicant is considered ineligible and the application for 2.13licensure is closed.2.14    Subd. 2.Eligible agency personnel.When submitting the application for licensure, 2.15the applicant must provide evidence satisfactory to the board that the applicant is currently 2.16employed by a:2.17(1) Minnesota city or state agency, and:2.18(i) at any time within three years of the date of submitting an application for 2.19licensure was presented to the public by any title incorporating the words "social work" or 2.20"social worker," while employed by that agency for a minimum of six months; or2.21(ii) at any time within three years of the date of submitting an application for 2.22licensure was engaged in the practice of social work, including clinical social work, as 2.23described in section 148E.010, subdivisions 6 and 11, while employed by that agency 2.24for a minimum of six months; or2.25(2) private nonprofit, nontribal agency whose primary service focus addresses ethnic 2.26minority populations, and the applicant is a member of an ethnic minority population 2.27within the agency, previously exempt from licensure under Minnesota Statutes 2010, 2.28section 148D.065, subdivision 5, and in section 148E.065, subdivision 5, and:2.29(i) at any time within three years of the date of submitting an application for 2.30licensure was presented to the public by any title incorporating the words "social work" or 2.31"social worker," while employed by that agency for a minimum of six months; or2.32(ii) at any time within three years of the date of submitting an application for 2.33licensure was engaged in the practice of social work, including clinical social work, as 2.34described under section 148E.010, subdivisions 6 and 11, while employed by that agency 2.35for a minimum of six months.3.1    Subd. 3.Qualifications during grandfathering period for licensure as licensed 3.2social worker (LSW).(a) To be licensed as a licensed social worker (LSW), an applicant 3.3for licensure under this section must provide evidence satisfactory to the board that the 3.4individual has completed a baccalaureate degree:3.5(1) in social work from a program accredited by the Council on Social Work 3.6Education, the Canadian Association of Schools of Social Work, or a similar accrediting 3.7body designated by the board;3.8(2) in psychology, sociology, human services, or social and behavioral sciences 3.9from an accredited college or university; or3.10(3) with a major in any field from an accredited college or university, and one year of 3.11experience in the practice of social work as described in section 148E.010, subdivision 11.3.12(b) To be licensed as an LSW, an applicant for licensure under this section must 3.13provide evidence satisfactory to the board that the individual has:3.14(1) submitted a completed, signed application and the license fee in section 3.15148E.180; 3.16(2) for applications submitted electronically, provided an attestation as specified 3.17by the board;3.18(3) submitted the criminal background check fee and a form provided by the board 3.19authorizing a criminal background check;3.20(4) paid the applicable license fee in section 148E.180; and3.21(5) not engaged in conduct that was or would be in violation of the standards 3.22of practice specified in Minnesota Statutes 2010, sections 148D.195 to 148D.240 and 3.23sections 148E.195 to 148E.240. If the applicant has engaged in conduct that was or 3.24would be in violation of the standards of practice, the board may take action according to 3.25sections 148E.255 to 148E.270.3.26(c) An application that is not completed and signed, or that is not accompanied by 3.27the correct license fee, must be returned to the applicant, along with any fee submitted, 3.28and is void.3.29(d) By submitting an application for licensure, an applicant authorizes the board to 3.30investigate any information provided or requested in the application. The board may 3.31request that the applicant provide additional information, verification, or documentation.3.32(e) Within one year of the time the board receives an application for licensure, the 3.33applicant must meet all the requirements and provide all of the information requested by 3.34the board according to paragraphs (a) and (b).3.35(f) Prelicensure supervised practice hours may be applied to meet the requirements 3.36of this section. Hours obtained prior to August 1, 2012, must meet the supervised practice 4.1requirements in Minnesota Statutes 2010, sections 148D.100 to 148D.125, and hours 4.2obtained on or after August 1, 2012, must meet the supervised practice requirements in 4.3sections 148E.100 to 148E.125.4.4(g) In addition to the required supervisors listed in Minnesota Statutes 2010, 4.5section 148D.120 and section 148E.120, an alternate supervisor may include a qualified 4.6professional who has a bachelor's or graduate degree, and the authority to direct the 4.7practice of the applicant including, but not limited to, an agency director or agency or 4.8consulting supervisor, as determined appropriate by the board.4.9(h) Unless completed at the time of application for licensure, a licensee granted a 4.10license by the board under this section must meet the supervised practice requirements 4.11in sections 148E.100 to 148E.125. If a licensee does not meet the supervised practice 4.12requirements, the board may take action according to sections 148E.255 to 148E.270.4.13    Subd. 4.Qualifications during grandfathering period for licensure as licensed 4.14graduate social worker (LGSW).(a) To be licensed as a licensed graduate social worker 4.15(LGSW), an applicant for licensure under this section must provide evidence satisfactory 4.16to the board that the individual has completed a graduate degree:4.17(1) in social work from a program accredited by the Council on Social Work 4.18Education, the Canadian Association of Schools of Social Work, or a similar accrediting 4.19body designated by the board;4.20(2) in psychology, sociology, marriage and family therapy, human services, or social 4.21and behavioral sciences from an accredited college or university; or4.22(3) with a major in any field from an accredited college or university, and one year 4.23of experience in the practice of social work as described in section 148E.010, subdivisions 4.246 and 11.4.25(b) To be licensed as an LGSW, an applicant for licensure under this section must 4.26provide evidence satisfactory to the board that the individual has:4.27(1) submitted a completed, signed application and the license fee in section 4.28148E.180;4.29(2) for applications submitted electronically, provided an attestation as specified 4.30by the board;4.31(3) submitted the criminal background check fee and a form provided by the board 4.32authorizing a criminal background check;4.33(4) paid the applicable license fee in section 148E.180; and4.34(5) not engaged in conduct that was or would be in violation of the standards 4.35of practice specified in Minnesota Statutes 2010, sections 148D.195 to 148D.240 and 4.36sections 148E.195 to 148E.240. If the applicant has engaged in conduct that was or 5.1would be in violation of the standards of practice, the board may take action according to 5.2sections 148E.255 to 148E.270.5.3(c) An application that is not completed and signed, or that is not accompanied by 5.4the correct license fee, must be returned to the applicant, along with any fee submitted, 5.5and is void.5.6(d) By submitting an application for licensure, an applicant authorizes the board to 5.7investigate any information provided or requested in the application. The board may 5.8request that the applicant provide additional information, verification, or documentation.5.9(e) Within one year of the time the board receives an application for licensure, the 5.10applicant must meet all the requirements and provide all of the information requested by 5.11the board according to paragraphs (a) and (b).5.12(f) Prelicensure supervised practice hours may be applied to meet the requirements 5.13of this section. Hours obtained prior to August 1, 2012, must meet the supervised practice 5.14requirements in Minnesota Statutes 2010, sections 148D.100 to 148D.125, and hours 5.15obtained on or after August 1, 2012, must meet the supervised practice requirements in 5.16sections 148E.100 to 148E.125.5.17(g) In addition to the required supervisors listed in Minnesota Statutes 2010, section 5.18148D.120, and in section 148E.120, an alternate supervisor of nonclinical practice may 5.19include a qualified professional who has a bachelor's or graduate degree, and the authority 5.20to direct the practice of the applicant including, but not limited to, an agency director or 5.21agency or consulting supervisor, as determined appropriate by the board.5.22(h) Unless completed at the time of application for licensure, a licensee granted a 5.23license by the board under this section must meet the supervised practice requirements 5.24specified in sections 148E.100 to 148E.125. If a licensee does not meet the supervised 5.25practice requirements, the board may take action according to sections 148E.255 to 5.26148E.270.5.27    Subd. 5.Qualifications during grandfathering period for licensure as a licensed 5.28independent social worker (LISW).(a) To be licensed as a licensed independent social 5.29worker (LISW), an applicant for licensure under this section must provide evidence 5.30satisfactory to the board that the individual has completed a graduate degree:5.31(1) in social work from a program accredited by the Council on Social Work 5.32Education, the Canadian Association of Schools of Social Work, or a similar accrediting 5.33body designated by the board;5.34(2) in psychology, sociology, marriage and family therapy, human services, or social 5.35and behavioral sciences from an accredited college or university; or6.1(3) with a major in any field from an accredited college or university, and one year 6.2of experience in the practice of social work according to section 148E.010, subdivision 11.6.3(b) To be licensed as an LISW, an applicant for licensure under this section must 6.4provide evidence satisfactory to the board that the individual has:6.5(1) practiced social work as defined in section 148E.010, subdivision 11, and has 6.6met the supervised practice requirements as follows:6.7(i) for hours obtained prior to August 1, 2012, has met the requirements in Minnesota 6.8Statutes 2010, sections 148D.100 to 148D.125;6.9(ii) for hours obtained after August 1, 2012, has met the requirements in sections 6.10148E.100 to 148E.125; and6.11(iii) in addition to the supervisors listed in Minnesota Statutes 2010, section 6.12148D.120 or section 148E.120, an alternate supervisor of nonclinical practice may include 6.13a qualified professional who has a bachelor's or graduate degree and the authority to direct 6.14the practice of the applicant including, but not limited to, an agency director or agency or 6.15consulting supervisor as determined by the board;6.16(2) submitted a completed, signed application and the license fee in section 6.17148E.180; 6.18(3) for applications submitted electronically, provided an attestation as specified 6.19by the board;6.20(4) submitted the criminal background check fee and a form provided by the board 6.21authorizing a criminal background check;6.22(5) paid the applicable license fee specified in section 148E.180; and6.23(6) not engaged in conduct that was or would be in violation of the standards 6.24of practice specified in Minnesota Statutes 2010, sections 148D.195 to 148D.240, and 6.25in sections 148E.195 to 148E.240. If the applicant has engaged in conduct that was or 6.26would be in violation of the standards of practice, the board may take action according to 6.27sections 148E.255 to 148E.270.6.28(c) An application that is not completed, signed, and accompanied by the correct 6.29license fee must be returned to the applicant, along with any fee submitted, and is void.6.30(d) By submitting an application for licensure, an applicant authorizes the board to 6.31investigate any information provided or requested in the application. The board may 6.32request that the applicant provide additional information, verification, or documentation.6.33(e) Within one year of the time the board receives an application for licensure, the 6.34applicant must meet all the requirements and provide all of the information requested by 6.35the board according to paragraphs (a) and (b).7.1(f) Upon licensure, an LISW who practices clinical social work must meet the 7.2supervised practice requirements specified in sections 148E.100 to 148E.125. If a licensee 7.3does not meet the supervised practice requirements, the board may take action according 7.4to sections 148E.255 to 148E.270.7.5    Subd. 6.Qualifications during grandfathering period for licensure as a 7.6licensed independent clinical social worker (LICSW).(a) To be licensed as a licensed 7.7independent clinical social worker (LICSW), an applicant for licensure under this section 7.8must provide evidence satisfactory to the board that the individual has:7.9(1) completed a graduate degree in social work from a program accredited by the 7.10Council on Social Work Education, the Canadian Association of Schools of Social Work, 7.11or a similar accrediting body designated by the board; or7.12(2) completed a graduate degree and is a mental health professional according to 7.13section 245.462, subdivision 18, clauses (1) to (6).7.14(b) To be licensed as a licensed independent clinical social worker, an applicant 7.15for licensure under this section must provide evidence satisfactory to the board that the 7.16individual has:7.17(1) practiced clinical social work as defined in section 148E.010, subdivision 6, 7.18including both diagnosis and treatment, and has met the supervised practice requirements 7.19specified in sections 148E.100 to 148E.125, excluding the 1,800 hours of direct clinical 7.20client contact specified in section 148E.115, subdivision 1, except that supervised practice 7.21hours obtained prior to August 1, 2012, must meet the requirements in Minnesota Statutes 7.222010, sections 148D.100 to 148D.125;7.23(2) submitted a completed, signed application and the license fee in section 7.24148E.180;7.25(3) for applications submitted electronically, provided an attestation as specified 7.26by the board;7.27(4) submitted the criminal background check fee and a form provided by the board 7.28authorizing a criminal background check;7.29(5) paid the license fee in section 148E.180; and7.30(6) not engaged in conduct that was or would be in violation of the standards 7.31of practice specified in Minnesota Statutes 2010, sections 148D.195 to 148D.240, and 7.32in sections 148E.195 to 148E.240. If the applicant has engaged in conduct that was or 7.33would be in violation of the standards of practice, the board may take action according to 7.34sections 148E.255 to 148E.270.7.35(c) An application which is not completed, signed, and accompanied by the correct 7.36license fee must be returned to the applicant, along with any fee submitted, and is void.8.1(d) By submitting an application for licensure, an applicant authorizes the board to 8.2investigate any information provided or requested in the application. The board may 8.3request that the applicant provide additional information, verification, or documentation.8.4(e) Within one year of the time the board receives an application for licensure, the 8.5applicant must meet all the requirements and provide all of the information requested 8.6by the board.8.7EFFECTIVE DATE.This section is effective August 1, 2012.8.8    Sec. 3. [148E.0556] LICENSED INDEPENDENT SOCIAL WORKER 8.9TRANSITION PERIOD EXCEPTION.8.10At any time on or after January 1, 2013, until December 31, 2017, to qualify for 8.11a licensed independent social worker (LISW) license, an applicant must submit an 8.12application to the board for an LISW license and:8.13(1) hold a current licensed graduate social worker license issued through 8.14grandfathering under section 148E.0555, subdivision 4, and:8.15(i) meet all requirements in effect at the time of application according to section 8.16148E.055, subdivision 4, paragraph (a), excluding clause (1); and8.17(ii) meet the supervised practice requirements according to section 148E.055, 8.18subdivision 4, paragraph (a), clause (2); or8.19(2) hold a current licensed graduate social worker license issued through 8.20grandfathering prior to July 1, 1996, and:8.21(i) meet all requirements in effect at the time of application according to section 8.22148E.055, subdivision 4, paragraph (a), excluding clause (1); and8.23(ii) meet the supervised practice requirements according to section 148E.055, 8.24subdivision 4, paragraph (a), clause (2).8.25EFFECTIVE DATE.This section is effective August 1, 2012.8.26    Sec. 4. [148E.0557] LICENSED INDEPENDENT CLINICAL SOCIAL 8.27WORKER TRANSITION PERIOD EXCEPTION.8.28At any time on or after January 1, 2013, until December 31, 2017, to qualify for a 8.29licensed independent clinical social worker (LICSW) license, an applicant must submit an 8.30application to the board for an LICSW license and:8.31(1) hold a current licensed graduate social worker or licensed independent social 8.32worker license issued through grandfathering under section 148E.0555, subdivision 4 8.33or 5, and:9.1(i) meet all requirements in effect at the time of application according to section 9.2148E.055, subdivision 5, paragraph (a), excluding clause (1); and9.3(ii) meet the supervised practice requirements according to section 148E.055, 9.4subdivision 5, paragraph (a), clause (3); or9.5(2) hold a current licensed graduate social worker or licensed independent social 9.6worker license issued through grandfathering prior to July 1, 1996, and:9.7(i) meet all requirements in effect at the time of application according to section 9.8148E.055, subdivision 5, paragraph (a), excluding clause (1); and9.9(ii) meet the supervised practice requirements according to section 148E.055, 9.10subdivision 5, paragraph (a), clause (3).9.11EFFECTIVE DATE.This section is effective August 1, 2012.9.12    Sec. 5. Minnesota Statutes 2010, section 148E.060, subdivision 1, is amended to read:9.13    Subdivision 1. Students and other persons not currently licensed in another 9.14jurisdiction.(a) The board may issue a temporary license to practice social work to an 9.15applicant who is not licensed or credentialed to practice social work in any jurisdiction 9.16but has:9.17    (1) applied for a license under section 
         148E.055;9.18    (2) applied for a temporary license on a form provided by the board;9.19    (3) submitted a form provided by the board authorizing the board to complete a 9.20criminal background check;9.21    (4) passed the applicable licensure examination provided for in section 
         148E.055;9.22    (5) attested on a form provided by the board that the applicant has completed the 9.23requirements for a baccalaureate or graduate degree in social work from a program 9.24accredited by the Council on Social Work Education, the Canadian Association of Schools 9.25of Social Work, or a similar accreditation accrediting body designated by the board, or a 9.26doctorate in social work from an accredited university; and9.27    (6) not engaged in conduct that was or would be in violation of the standards of 9.28practice specified in sections 
         148E.195 to 
         148E.240. If the applicant has engaged in 9.29conduct that was or would be in violation of the standards of practice, the board may take 9.30action according to sections 
         148E.255 to 
         148E.270.9.31(b) A temporary license issued under this subdivision expires after six months.9.32EFFECTIVE DATE.This section is effective August 1, 2012.9.33    Sec. 6. Minnesota Statutes 2010, section 148E.060, subdivision 2, is amended to read:10.1    Subd. 2. Emergency situations and persons currently licensed in another 10.2jurisdiction.(a) The board may issue a temporary license to practice social work to an 10.3applicant who is licensed or credentialed to practice social work in another jurisdiction, 10.4may or may not have applied for a license under section 
         148E.055, and has:10.5    (1) applied for a temporary license on a form provided by the board;10.6    (2) submitted a form provided by the board authorizing the board to complete a 10.7criminal background check;10.8    (3) submitted evidence satisfactory to the board that the applicant is currently 10.9licensed or credentialed to practice social work in another jurisdiction;10.10    (4) attested on a form provided by the board that the applicant has completed the 10.11requirements for a baccalaureate or graduate degree in social work from a program 10.12accredited by the Council on Social Work Education, the Canadian Association of Schools 10.13of Social Work, or a similar accreditation accrediting body designated by the board, or a 10.14doctorate in social work from an accredited university; and10.15    (5) not engaged in conduct that was or would be in violation of the standards of 10.16practice specified in sections 
         148E.195 to 
         148E.240. If the applicant has engaged in 10.17conduct that was or would be in violation of the standards of practice, the board may take 10.18action according to sections 
         148E.255 to 
         148E.270.10.19(b) A temporary license issued under this subdivision expires after six months.10.20EFFECTIVE DATE.This section is effective August 1, 2012.10.21    Sec. 7. Minnesota Statutes 2010, section 148E.060, is amended by adding a subdivision 10.22to read:10.23    Subd. 2a.Programs in candidacy status.(a) The board may issue a temporary 10.24license to practice social work to an applicant who has completed the requirements for a 10.25baccalaureate or graduate degree in social work from a program in candidacy status with 10.26the Council on Social Work Education, the Canadian Association of Schools of Social 10.27Work, or a similar accrediting body designated by the board, and has:10.28(1) applied for a license under section 148E.055;10.29(2) applied for a temporary license on a form provided by the board;10.30(3) submitted a form provided by the board authorizing the board to complete a 10.31criminal background check;10.32(4) passed the applicable licensure examination provided for in section 148E.055; 10.33and10.34(5) not engaged in conduct that is in violation of the standards of practice specified 10.35in sections 148E.195 to 148E.240. If the applicant has engaged in conduct that is in 11.1violation of the standards of practice, the board may take action according to sections 11.2148E.255 to 148E.270.11.3(b) A temporary license issued under this subdivision expires after 12 months but 11.4may be extended at the board's discretion upon a showing that the social work program 11.5remains in good standing with the Council on Social Work Education, the Canadian 11.6Association of Schools of Social Work, or a similar accrediting body designated by the 11.7board. If the board receives notice from the Council on Social Work Education, the 11.8Canadian Association of Schools of Social Work, or a similar accrediting body designated 11.9by the board that the social work program is not in good standing, or that the accreditation 11.10will not be granted to the social work program, the temporary license is immediately 11.11revoked.11.12EFFECTIVE DATE.This section is effective August 1, 2012.11.13    Sec. 8. Minnesota Statutes 2010, section 148E.060, subdivision 3, is amended to read:11.14    Subd. 3. Teachers.(a) The board may issue a temporary license to practice social 11.15work to an applicant whose permanent residence is outside the United States, who is 11.16teaching social work at an academic institution in Minnesota for a period not to exceed 11.1712 months, who may or may not have applied for a license under section 
         148E.055, and 11.18who has:11.19    (1) applied for a temporary license on a form provided by the board;11.20    (2) submitted a form provided by the board authorizing the board to complete a 11.21criminal background check;11.22    (3) attested on a form provided by the board that the applicant has completed the 11.23requirements for a baccalaureate or graduate degree in social work; and11.24    (4) has not engaged in conduct that was or would be in violation of the standards 11.25of practice specified in sections 
         148E.195 to 
         148E.240. If the applicant has engaged in 11.26conduct that was or would be in violation of the standards of practice, the board may take 11.27action according to sections 
         148E.255 to 
         148E.270.11.28(b) A temporary license issued under this subdivision expires after 12 months.11.29EFFECTIVE DATE.This section is effective August 1, 2012.11.30    Sec. 9. Minnesota Statutes 2010, section 148E.060, subdivision 5, is amended to read:11.31    Subd. 5. Temporary license term.(a) A temporary license is valid until expiration, 11.32or until the board issues or denies the license according to section 
         148E.055, or until 12.1the board revokes the temporary license, whichever comes first. A temporary license is 12.2nonrenewable.12.3    (b) A temporary license issued according to subdivision 1 or 2 expires after six 12.4months.12.5    (c) A temporary license issued according to subdivision 3 expires after 12 months.12.6EFFECTIVE DATE.This section is effective August 1, 2012.12.7    Sec. 10. Minnesota Statutes 2010, section 148E.065, subdivision 2, is amended to read:12.8    Subd. 2. Students. An internship, externship, or any other social work experience 12.9that is required for the completion of an accredited program of social work does not 12.10constitute the practice of social work under this chapter. Students exempted under this 12.11section may use the title "social work intern."12.12EFFECTIVE DATE.This section is effective August 1, 2012.12.13    Sec. 11. Minnesota Statutes 2010, section 148E.065, subdivision 4, is amended to read:12.14    Subd. 4. City, county, and state agency social workers.(a) The licensure of 12.15city, county, and state agency social workers is voluntary., except an individual who 12.16is newly employed by a city or state agency on or after July 1, 2016, must be licensed 12.17if the individual who provides social work services, as those services are defined in 12.18section 148E.010, subdivision 11, paragraph (b), is presented to the public by any title 12.19incorporating the words "social work" or "social worker."12.20(b)  City, county, and state agencies employing social workers are not required to 12.21employ licensed social workers.12.22EFFECTIVE DATE.This section is effective July 1, 2016.12.23    Sec. 12. Minnesota Statutes 2010, section 148E.065, subdivision 5, is amended to read:12.24    Subd. 5. Tribes and private nonprofit agencies; voluntary licensure.(a) The 12.25licensure of social workers who are employed by federally recognized tribes, or by private 12.26nonprofit agencies is voluntary.12.27(b) The licensure of private, nonprofit, nontribal agency social workers whose 12.28primary service focus addresses ethnic minority populations, and who are themselves 12.29members of ethnic minority populations within those agencies, is voluntary until July 1, 12.302016, when newly employed individuals who practice social work must be licensed as 12.31required under section 148E.055, subdivision 1.13.1EFFECTIVE DATE.This section is effective July 1, 2016.13.2    Sec. 13. Minnesota Statutes 2010, section 148E.120, is amended to read:13.3148E.120 REQUIREMENTS OF SUPERVISORS.13.4    Subdivision 1. Supervisors licensed as social workers. (a) Except as provided in 13.5paragraph (d) subdivision 2, to be eligible to provide supervision under this section, a 13.6social worker must:13.7    (1) have completed 30 hours of training in supervision through coursework from 13.8an accredited college or university, or through continuing education in compliance with 13.9sections 
         148E.130 to 
         148E.170;13.10    (2) be competent in the activities being supervised; and13.11    (3) attest, on a form provided by the board, that the social worker has met the 13.12applicable requirements specified in this section and sections 
         148E.100 to 
         148E.115. The 13.13board may audit the information provided to determine compliance with the requirements 13.14of this section.13.15(b) A licensed independent clinical social worker providing clinical licensing 13.16supervision to a licensed graduate social worker or a licensed independent social worker 13.17must have at least 2,000 hours of experience in authorized social work practice, including 13.181,000 hours of experience in clinical practice after obtaining a licensed independent 13.19clinical social worker license.13.20(c) A licensed social worker, licensed graduate social worker, licensed independent 13.21social worker, or licensed independent clinical social worker providing nonclinical 13.22licensing supervision must have completed the supervised practice requirements specified 13.23in section 
         148E.100, 
         148E.105, 
         148E.106, 
         148E.110, or 
         148E.115, as applicable.13.24    (d) If the board determines that supervision is not obtainable from an individual 13.25meeting the requirements specified in paragraph (a), the board may approve an alternate 13.26supervisor according to subdivision 2.13.27    Subd. 2. Alternate supervisors. (a) The board may approve an alternate supervisor 13.28if: The board may approve an alternate supervisor as determined in this subdivision. The 13.29board shall approve up to 25 percent of the required supervision hours by a licensed mental 13.30health professional who is competent and qualified to provide supervision according to the 13.31mental health professional's respective licensing board, as established by section 245.462, 13.32subdivision 18, clauses (1) to (6), or 245.4871, subdivision 27, clauses (1) to (6).13.33    (1) the board determines that supervision is not obtainable according to paragraph 13.34(b);14.1    (2) the licensee requests in the supervision plan submitted according to section 14.2148E.125, subdivision 1, that an alternate supervisor conduct the supervision;14.3    (3) the licensee describes the proposed supervision and the name and qualifications 14.4of the proposed alternate supervisor; and14.5    (4) the requirements of paragraph (d) are met.14.6    (b) The board may determine that supervision is not obtainable if:14.7    (1) the licensee provides documentation as an attachment to the supervision plan 14.8submitted according to section 148E.125, subdivision 1, that the licensee has conducted a 14.9thorough search for a supervisor meeting the applicable licensure requirements specified 14.10in sections 148E.100 to 148E.115;14.11    (2) the licensee demonstrates to the board's satisfaction that the search was 14.12unsuccessful; and14.13    (3) the licensee describes the extent of the search and the names and locations of 14.14the persons and organizations contacted.14.15    (c) The requirements specified in paragraph (b) do not apply to obtaining licensing 14.16supervision for social work practice if the board determines that there are five or fewer 14.17supervisors meeting the applicable licensure requirements in sections 148E.100 to 14.18148E.115 in the county where the licensee practices social work.14.19    (d) An alternate supervisor must:14.20    (1) be an unlicensed social worker who is employed in, and provides the supervision 14.21in, a setting exempt from licensure by section 148E.065, and who has qualifications 14.22equivalent to the applicable requirements specified in sections 148E.100 to 148E.115;14.23    (2) be a social worker engaged in authorized practice in Iowa, Manitoba, North 14.24Dakota, Ontario, South Dakota, or Wisconsin, and has the qualifications equivalent to the 14.25applicable requirements specified in sections 148E.100 to 148E.115; or14.26    (3) be a licensed marriage and family therapist or a mental health professional 14.27as established by section 245.462, subdivision 18, or 245.4871, subdivision 27, or an 14.28equivalent mental health professional, as determined by the board, who is licensed or 14.29credentialed by a state, territorial, provincial, or foreign licensing agency.14.30    (e) In order to qualify to provide clinical supervision of a licensed graduate social 14.31worker or licensed independent social worker engaged in clinical practice, the alternate 14.32supervisor must be a mental health professional as established by section 245.462, 14.33subdivision 18, or 245.4871, subdivision 27, or an equivalent mental health professional, 14.34as determined by the board, who is licensed or credentialed by a state, territorial, 14.35provincial, or foreign licensing agency.15.1(b) The board shall approve up to 100 percent of the required supervision hours by 15.2an alternate supervisor if the board determines that:15.3(1) there are five or fewer supervisors in the county where the licensee practices 15.4social work who meet the applicable licensure requirements in subdivision 1;15.5(2) the supervisor is an unlicensed social worker who is employed in, and provides 15.6the supervision in, a setting exempt from licensure by section 148E.065, and who has 15.7qualifications equivalent to the applicable requirements specified in sections 148E.100 to 15.8148E.115;15.9(3) the supervisor is a social worker engaged in authorized social work practice 15.10in Iowa, Manitoba, North Dakota, Ontario, South Dakota, or Wisconsin, and has the 15.11qualifications equivalent to the applicable requirements in sections 148E.100 to 148E.115;15.12(4) the applicant or licensee is engaged in nonclinical authorized social work 15.13practice outside of Minnesota and the supervisor meets the qualifications equivalent to 15.14the applicable requirements in sections 148E.100 to 148E.115, or the supervisor is an 15.15equivalent mental health professional, as determined by the board, who is credentialed by 15.16a state, territorial, provincial, or foreign licensing agency; or15.17(5) the applicant or licensee is engaged in clinical authorized social work practice 15.18outside of Minnesota and the supervisor meets qualifications equivalent to the applicable 15.19requirements in section 148E.115, or the supervisor is an equivalent mental health 15.20professional as determined by the board, who is credentialed by a state, territorial, 15.21provincial, or foreign licensing agency.15.22(c) In order for the board to consider an alternate supervisor under this section, 15.23the licensee must:15.24(1) request in the supervision plan and verification submitted according to section 15.25148E.125 that an alternate supervisor conduct the supervision; and15.26(2) describe the proposed supervision and the name and qualifications of the 15.27proposed alternate supervisor. The board may audit the information provided to determine 15.28compliance with the requirements of this section.15.29EFFECTIVE DATE.This section is effective August 1, 2012.15.30    Sec. 14. Minnesota Statutes 2010, section 148E.195, subdivision 2, is amended to read:15.31    Subd. 2. Representations. (a) No applicant or other individual may be represented 15.32to the public by any title incorporating the words "social work" or "social worker" 15.33unless the individual is employed by a county or holds a license according to sections 15.34148E.055 and 148E.060 or practices in a setting exempt from licensure according to 15.35section 148E.065 this chapter.16.1    (b) In all professional use of a social worker's name, the social worker must use 16.2the license designation "LSW" or "licensed social worker" for a licensed social worker, 16.3"LGSW" or "licensed graduate social worker" for a licensed graduate social worker, 16.4"LISW" or "licensed independent social worker" for a licensed independent social worker, 16.5or "LICSW" or "licensed independent clinical social worker" for a licensed independent 16.6clinical social worker.16.7    (c) Public statements or advertisements must not be untruthful, misleading, false, 16.8fraudulent, deceptive, or potentially exploitative of clients, former clients, interns, 16.9students, supervisees, or the public.16.10    (d) A social worker must not:16.11    (1) use licensure status as a claim, promise, or guarantee of successful service;16.12    (2) obtain a license by cheating or employing fraud or deception;16.13    (3) make false statements or misrepresentations to the board or in materials 16.14submitted to the board; or16.15    (4) engage in conduct that has the potential to deceive or defraud a social work 16.16client, intern, student, supervisee, or the public.16.17EFFECTIVE DATE.This section is effective July 1, 2016.16.18    Sec. 15. Minnesota Statutes 2010, section 148E.280, is amended to read:16.19148E.280 USE OF TITLES.16.20    No individual may be presented to the public by any title incorporating the words 16.21"social work" or "social worker" or in the titles in section 
         148E.195, unless that individual 16.22is employed by a county or holds a license under sections 148E.055 and 148E.060, or 16.23practices in a setting exempt from licensure under section 148E.065 this chapter.16.24EFFECTIVE DATE.This section is effective July 1, 2016.16.25    Sec. 16. [150A.24] DEFINITIONS.16.26    Subdivision 1.Scope.For the purposes of sections 150A.24 to 150A.32, the 16.27following terms have the meanings given.16.28    Subd. 2.Certified dental technician."Certified dental technician" means a dental 16.29technician who has met the standards set by the National Board for Certification in Dental 16.30Laboratory Technology or its equivalent as established by the Board of Dentistry.16.31    Subd. 3.Dental laboratory."Dental laboratory" means a corporation, partnership, 16.32sole proprietor, or other business entity engaged in the manufacture or repair of dental 16.33prosthetic appliances.17.1    Subd. 4.Work authorization."Work authorization" means a written instrument 17.2by which a registered or certified dental laboratory subcontracts to another registered or 17.3certified dental laboratory all or part of the fabrication or repair of a dental prosthetic 17.4appliance authorized by a work order by a dentist licensed under this chapter.17.5    Subd. 5.Work order."Work order" means a written instrument prescribed by a 17.6dentist licensed under this chapter directing a registered or certified dental laboratory to 17.7manufacture, fabricate, or repair a dental prosthetic appliance for an individual patient.17.8EFFECTIVE DATE.This section is effective January 1, 2013.17.9    Sec. 17. [150A.25] REGISTRATION FOR DENTAL LABORATORIES.17.10    Subdivision 1.General.Beginning January 1, 2013, all dental laboratories 17.11physically located in Minnesota must register with the Board of Dentistry according to 17.12sections 150A.24 to 150A.32. A dental laboratory that is physically located within a dental 17.13practice is not required to register if the dental prosthetic appliances are manufactured or 17.14repaired for the exclusive use of the dentist or dentists within the dental practice.17.15    Subd. 2.Registration requirements.(a) An application for an initial registration 17.16must be submitted to the board on a form provided by the board accompanied with the 17.17registration fee required under section 150A.32. The application must contain:17.18(1) the business name of the laboratory;17.19(2) the physical address of the laboratory;17.20(3) the name of the laboratory's owner or operator; and17.21(4) the telephone number and e-mail address of the laboratory owner or operator.17.22(b) It is the responsibility of the dental laboratory to notify the board of any change 17.23in the registration information required under paragraph (a).17.24    Subd. 3.Unique registration number.Upon approval, the board shall issue a 17.25registration and a unique registration number to the dental laboratory.17.26    Subd. 4.Registration term.Upon initial registration with the board, a dental 17.27laboratory is not required to renew that registration.17.28EFFECTIVE DATE.This section is effective January 1, 2013.17.29    Sec. 18. [150A.26] CERTIFICATION FOR DENTAL LABORATORIES.17.30    Subdivision 1.General.Beginning January 1, 2013, a dental laboratory may be 17.31certified by the Board of Dentistry according to sections 150A.24 to 150A.32.18.1    Subd. 2.Certification requirements.An application for an initial certification and 18.2for renewal must be submitted to the board on a form provided by the board accompanied 18.3with the certification fee required under section 150A.32. The application must contain:18.4(1) the name of the laboratory;18.5(2) the physical address of the laboratory;18.6(3) verification that the laboratory meets the infectious disease control requirements 18.7under Occupational Safety and Health Administration and the Centers for Disease Control 18.8and Prevention of the United States Public Health Services;18.9(4) verification that the laboratory has:18.10(i) at least one full-time certified dental technician employee in the laboratory; and 18.11(ii) National Board for Certification in Dental Laboratory Technology certification; or18.12(iii) International Organization for Standardization certification; or18.13(iv) Dental Appliance Manufacturers Audit System certification; and18.14(5) any other relevant information deemed necessary by the board.18.15    Subd. 3.Unique certification number.Upon approval, the board shall issue a 18.16certification and a unique certification number to the dental laboratory.18.17    Subd. 4.Certification term; renewal.(a) Certification shall be valid for two years 18.18from the date of issuance and may be renewed upon submitting the information required 18.19in subdivision 2 and the certification renewal fee required in section 150A.32.18.20(b) At renewal, a certified dental laboratory must submit an affidavit to the board, 18.21on a form prescribed by the board, that each dental technician employed by or under 18.22contract with the laboratory has met the continuing education requirements specified 18.23in section 150A.31.18.24    Subd. 5.Inspections.(a) The board shall have the authority to inspect a certified 18.25dental laboratory and to review any records necessary to ensure that the requirements 18.26of sections 150A.24 to 150A.31 are met.18.27(b) The board shall have the authority to enter the premises to make an inspection. 18.28Refusal to permit an inspection constitutes valid grounds for certification denial or 18.29revocation.18.30EFFECTIVE DATE.This section is effective January 1, 2013.18.31    Sec. 19. [150A.27] WORK ORDER REQUIRED.18.32No registered or certified dental laboratory shall perform any dental technological 18.33work for a dentist licensed under this chapter without a valid work order from the licensed 18.34dentist or a work authorization issued pursuant to a valid work order. A work order or 19.1work authorization may be handwritten and may be faxed or sent electronically using 19.2an electronic signature.19.3EFFECTIVE DATE.This section is effective January 1, 2013.19.4    Sec. 20. [150A.28] MATERIAL CONTENT NOTICE.19.5(a) A dental laboratory shall inform the dentist who issued the work order of:19.6(1) the country of origin where the technological work was performed in whole 19.7or in part; and19.8(2) the name, physical address, and registration number of the laboratory or 19.9laboratories that manufactured or repaired the dental prosthesis, either directly or 19.10indirectly.19.11(b) A dental laboratory shall disclose to the dentist the complete material content 19.12of the patient contact materials contained in the dental prosthetic appliance in a manner 19.13that can be easily entered into a patient record. Upon receipt of the material content 19.14notice, the dentist must include the information in the record of the patient for whom 19.15the prosthesis is intended.19.16(c) It is the responsibility of the Minnesota licensed dentist to obtain the information 19.17as to material content and country of origin for dental laboratory work performed by 19.18an out-of-state dental laboratory as must be provided by a dental laboratory physically 19.19located in Minnesota and to include this information in the patient's record.19.20(d) A registered or certified dental laboratory must comply with section 150A.21.19.21EFFECTIVE DATE.This section is effective January 1, 2013.19.22    Sec. 21. [150A.29] PROHIBITION AGAINST USE OF NONREGISTERED OR 19.23NONCERTIFIED DENTAL LABORATORIES.19.24(a) A dentist licensed under this chapter must use a dental laboratory registered 19.25or certified under sections 150A.24 to 150A.32 for any dental laboratory work that is 19.26performed in this state and outside of the office of a licensed dentist.19.27(b) No registered or certified dental laboratory shall subcontract all or part of any 19.28dental laboratory work that is prescribed by a work order to another dental laboratory in 19.29this state unless the laboratory is registered or certified by the board according to sections 19.30150A.24 to 150A.32.19.31EFFECTIVE DATE.This section is effective January 1, 2013.19.32    Sec. 22. [150A.31] CONTINUING EDUCATION REQUIREMENTS.20.1(a) A certified dental laboratory must maintain on file documentation certifying that 20.2each dental technician employed by or under contract with the laboratory has completed 20.3eight hours of continuing education biennially. The documentation for each dental 20.4technician must include the date, location, sponsor, subject matter, and attendance hours of 20.5each completed continuing education course and any receipts, vouchers, or certificates 20.6necessary to document completion of the continuing education requirement. The 20.7documentation must be retained for each dental technician for at least two certification 20.8renewal cycles.20.9(b) A continuing education course must contribute directly to the education of the 20.10dental technician to improve dental health care delivery, and must address one or more of 20.11the following areas of professional development:20.12(1) laboratory and technological subjects including, but not limited to, laboratory 20.13techniques, procedures, materials, and equipment; and20.14(2) oral health, infection control, and patient safety.20.15(c) Continuing education courses must meet the criteria established by the National 20.16Board for Certification in Dental Laboratory Technology.20.17EFFECTIVE DATE.This section is effective January 1, 2013.20.18    Sec. 23. [150A.32] FEES.20.19(a) The fee for registration is $20.20.20(b) The fee for the initial certification and biennial renewal may not exceed $300.20.21(c) The fees specified in this section are nonrefundable and shall be deposited in 20.22the state government special revenue fund.20.23EFFECTIVE DATE.This section is effective January 1, 2013.20.24    Sec. 24. APPROPRIATIONS.20.25$....... is appropriated for fiscal year 2013 and $....... is appropriated for fiscal year 20.262014 from the state government special revenue fund to the Board of Dentistry for the 20.27purpose of implementing Minnesota Statutes, sections 150A.24 to 150A.32.20.28    Sec. 25.  REPEALER.20.29Minnesota Statutes 2010, section 148E.065, subdivision 3, is repealed August 1, 20.302012.