1.1 	A bill for an act
1.2 	relating to health occupations; changing provisions for operating x-ray 
1.3 	equipment examination and practice; modifying provisions for medical 
1.4 	practice; removing the expiration date for certain health occupation advisory 
1.5 	councils; changing a licensing provision for chiropractic practice; modifying 
1.6 	provisions for speech-language pathology and audiology; changing licensing 
1.7 	provisions for physical therapists and physical therapy assistants; modifying 
1.8 	provisions for licensed professional counselors and licensed professional clinical 
1.9 	counselors; changing licensing provisions for social work; modifying practice 
1.10 	provisions under the Board of Pharmacy; modifying health-related licensing 
1.11 	board provisions; appropriating money;amending Minnesota Statutes 2006, 
1.12 	sections 144.121, subdivision 5, by adding subdivisions; 147.02, subdivision 
1.13 	1, by adding a subdivision; 147.037, subdivision 1; 147A.27, subdivision 
1.14 	2; 147B.05, subdivision 2; 147C.35, subdivision 2; 147D.25, subdivision 
1.15 	2; 148.10, subdivision 1; 148.515, subdivision 2, by adding a subdivision; 
1.16 	148.65, subdivisions 2, 3, by adding a subdivision; 148.67, subdivision 1; 
1.17 	148.70; 148.705; 148.706; 148.71; 148.73; 148.735; 148.736, subdivision 1; 
1.18 	148.74; 148.75; 148.754; 148.755; 148.76, subdivision 1; 148.78; 148B.50, 
1.19 	subdivision 5; 148B.53, subdivisions 1, 3; 148B.555; 148C.12, by adding 
1.20 	subdivisions; 148D.050, subdivision 1; 148D.055, subdivisions 2, 3, 4, 5, 
1.21 	by adding a subdivision; 148D.060, subdivisions 5, 6, 7, 13, by adding a 
1.22 	subdivision; 148D.120, subdivision 2; 148D.125, subdivision 1; 151.01, by 
1.23 	adding subdivisions; 151.06, subdivision 1; 151.21, subdivisions 1, 2, 3, 
1.24 	by adding a subdivision; 214.103, subdivisions 8, 9; 214.32, subdivision 1; 
1.25 	319B.02, subdivision 19; proposing coding for new law in Minnesota Statutes, 
1.26 	chapters 148; 148B; 148D; proposing coding for new law as Minnesota Statutes, 
1.27 	chapter 148E; repealing Minnesota Statutes 2006, sections 148.691, subdivision 
1.28 	3; 148.71, subdivision 1; 148.72; 148.745; 148.775; 148D.001; 148D.010; 
1.29 	148D.015; 148D.020; 148D.025; 148D.030; 148D.035; 148D.040; 148D.045; 
1.30 	148D.050; 148D.055; 148D.060; 148D.065; 148D.070; 148D.075; 148D.080; 
1.31 	148D.085; 148D.090; 148D.095; 148D.100; 148D.105; 148D.110; 148D.115; 
1.32 	148D.120; 148D.125; 148D.130; 148D.135; 148D.140; 148D.145; 148D.150; 
1.33 	148D.155; 148D.160; 148D.165; 148D.170; 148D.175; 148D.180; 148D.185; 
1.34 	148D.190; 148D.195; 148D.200; 148D.205; 148D.210; 148D.215; 148D.220; 
1.35 	148D.225; 148D.230; 148D.235; 148D.240; 148D.245; 148D.250; 148D.255; 
1.36 	148D.260; 148D.265; 148D.270; 148D.275; 148D.280; 148D.285; 148D.290; 
1.37 	Minnesota Rules, parts 2500.0500; 5601.0200; 5601.0300; 5601.0400; 
1.38 	5601.0500; 5601.0600; 5601.0700; 5601.0800; 5601.1400; 5601.1500; 
1.39 	5601.1600; 5601.2800; 5601.2900; 5601.3000; 5601.3105; 5601.3110; 
2.1 	5601.3115; 5601.3120; 5601.3125; 5601.3130; 5601.3135; 5601.3140; 
2.2 	5601.3145; 5601.3150; 5601.3155; 5601.3160; 5601.3165.
2.3 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.4 	Section 1. Minnesota Statutes 2006, section 144.121, subdivision 5, is amended to read:
2.5 		Subd. 5.Examination for individual operating x-ray equipment. After January 
2.6 	1, 1997, an individual in a facility with x-ray equipment for use on humans that is 
2.7 	registered under subdivision 1 may not operate, nor may the facility allow the individual 
2.8 	to operate, x-ray equipment unless the individual has passed an examination approved 
2.9 	by the commissioner of health, or an examination determined to the satisfaction of the 
2.10 	commissioner of health to be an equivalent national, state, or regional examination, 
2.11 	that demonstrates the individual's knowledge of basic radiation safety, proper use of 
2.12 	x-ray equipment, darkroom and film processing, and quality assurance procedures. The 
2.13 	commissioner shall establish by rule criteria for the approval of examinations required 
2.14 	for an individual operating an x-ray machine in Minnesota (a) After January 1, 2008, an 
2.15 	individual in a facility with x-ray equipment for use on humans that is registered under 
2.16 	subdivision 1 may not operate, nor may the facility allow the individual to operate, x-ray 
2.17 	equipment unless the individual has passed a national examination for limited x-ray 
2.18 	machine operators that meets the requirements of paragraphs (b) and (c) and is approved 
2.19 	by the commissioner of health.
2.20 	(b) The commissioner shall establish criteria for the approval of examinations 
2.21 	based on national standards, such as the examination in radiography from the American 
2.22 	Registry of Radiologic Technologists, the examination for limited scope of practice in 
2.23 	radiography from the American Registry of Radiologic Technologists for limited x-ray 
2.24 	machine operators, and the American Registry of Chiropractic Radiography Technologists 
2.25 	for limited radiography in spines and extremities; or equivalent examinations approved 
2.26 	by other states. Equivalent examinations may be approved by the commissioner, if 
2.27 	the examination is consistent with the standards for educational and psychological 
2.28 	testing as recommended by the American Education Research Association, the American 
2.29 	Psychological Association, the National Council on Measurement in Education, or the 
2.30 	National Commission for Certifying Agencies. The organization proposing the use of an 
2.31 	equivalent examination shall submit a fee to the commissioner of $1,000 per examination 
2.32 	to cover the cost of determining the extent to which the examination meets the examining 
2.33 	standards. The collected fee shall be deposited in the state treasury and credited to the 
2.34 	state government special revenue fund.
2.35 	(c) The examination for limited x-ray machine operators must include:
3.1 	(1) radiation protection, equipment maintenance and operation, image production 
3.2 	and evaluation, and patient care and management; and
3.3 	(2) at least one of the following regions of the human anatomy: chest, extremities, 
3.4 	skull and sinus, spine, or ankle and foot. The examinations must include the anatomy of, 
3.5 	and positioning for, the specific regions.
3.6 	(d) A limited x-ray operator who is required to take an examination under this 
3.7 	subdivision must submit to the commissioner an application for the examination, a $25 
3.8 	processing fee, and the required examination fee set by the national organization offering 
3.9 	the examination. The processing fee and the examination fee shall be deposited in the state 
3.10 	treasury and credited to the state government special revenue fund. The commissioner 
3.11 	shall submit the fee to the national organization providing the examination.

3.12 	EFFECTIVE DATE. This section is effective January 1, 2008.

3.13 	Sec. 2. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision 
3.14 	to read:
3.15 		Subd. 5a.Limited x-ray machine operator practice. (a) A limited x-ray operator 
3.16 	may only practice medical radiography on limited regions of the human anatomy for 
3.17 	which the operator has successfully passed an examination identified in subdivision 5, 
3.18 	unless the operator meets one of the exemptions described in paragraph (b). The operator 
3.19 	may practice using only routine radiographic procedures, for the interpretation by and 
3.20 	under the direction of a licensed practitioner, excluding computed tomography, the use of 
3.21 	contrast media, and the use of fluoroscopic or mammographic equipment.
3.22 	(b) This subdivision does not apply to:
3.23 	(1) limited x-ray machine operators who passed the examination that was required 
3.24 	before January 1, 2008;
3.25 	(2) certified radiologic technologists, licensed dental hygienists, registered dental 
3.26 	assistants, certified registered nurse anesthetists, and registered physician assistants; 
3.27 	(3) individuals who are licensed in Minnesota to practice medicine, osteopathy, 
3.28 	chiropractic, podiatry, or dentistry; and
3.29 	(4) individuals who are participating in a training course in any of the occupations 
3.30 	listed in clause (2) or (3) for the duration and within the scope of the training course.

3.31 	EFFECTIVE DATE. This section is effective January 1, 2008.

3.32 	Sec. 3. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision 
3.33 	to read:
4.1 		Subd. 5b.Variance of scope of practice. The commissioner may grant a variance 
4.2 	according to Minnesota Rules, parts 4717.7000 to 4717.7050, to a facility for the scope of 
4.3 	practice of an x-ray operator in cases where the delivery of health care would otherwise be 
4.4 	compromised if a variance were not granted. The request for a variance must be in writing, 
4.5 	state the circumstances that constitute hardship, state the period of time the facility wishes 
4.6 	to have the variance for the scope of practice in place, and state the alternative measures 
4.7 	that will be taken if the variance is granted. The commissioner shall set forth in writing 
4.8 	the reasons for granting or denying the variance. Variances granted by the commissioner 
4.9 	specify in writing the time limitation and required alternative measures to be taken 
4.10 	by the facility. A request for the variance shall be denied if the commissioner finds the 
4.11 	circumstances stated by the facility do not support a claim of hardship, the requested time 
4.12 	period for the variance is unreasonable, the alternative measures proposed by the facility 
4.13 	are not equivalent to the scope of practice, or the request for the variance is not submitted 
4.14 	to the commissioner in a timely manner.

4.15 	EFFECTIVE DATE. This section is effective January 1, 2008.

4.16 	Sec. 4. Minnesota Statutes 2006, section 147.02, subdivision 1, is amended to read:
4.17 		Subdivision 1.United States or Canadian medical school graduates. The board 
4.18 	shall issue a license to practice medicine to a person not currently licensed in another state 
4.19 	or Canada and who meets the requirements in paragraphs (a) to  (i).
4.20 	(a) An applicant for a license shall file a written application on forms provided by 
4.21 	the board, showing to the board's satisfaction that the applicant is of good moral character 
4.22 	and satisfies the requirements of this section.
4.23 	(b) The applicant shall present evidence satisfactory to the board of being a graduate 
4.24 	of a medical or osteopathic school located in the United States, its territories or Canada, 
4.25 	and approved by the board based upon its faculty, curriculum, facilities, accreditation by a 
4.26 	recognized national accrediting organization approved by the board, and other relevant 
4.27 	data, or is currently enrolled in the final year of study at the school.
4.28 	(c) The applicant must have passed an examination as described in clause (1) or (2).
4.29 	(1) The applicant must have passed a comprehensive examination for initial licensure 
4.30 	prepared and graded by the National Board of Medical Examiners, the Federation of 
4.31 	State Medical Boards, the National Board of Medical Examiners, the Medical Council of 
4.32 	Canada, or the appropriate state board that the board determines acceptable. The board 
4.33 	shall by rule determine what constitutes a passing score in the examination.
4.34 	(2) The applicant taking the United States Medical Licensing Examination (USMLE) 
4.35 	must have passed steps one, two, and three within a seven-year period. This seven-year 
5.1 	period begins when the applicant first passes either step one or two, as applicable. 
5.2 	Applicants actively enrolled in or graduated from accredited MD/PhD, MD/JD, MD/MBA, 
5.3 	or MD/MPH dual degree programs or osteopathic equivalents must have passed each of 
5.4 	steps one, two, and three within three attempts in seven years plus the time taken to obtain 
5.5 	the non-MD degree or ten years, whichever occurs first. Step three must be passed within 
5.6 	five years of passing step two, or before the end of residency training. The applicant must 
5.7 	pass each of steps one, two, and three with passing scores as recommended by the USMLE 
5.8 	program within three attempts. The applicant taking combinations of Federation of State 
5.9 	Medical Boards, National Board of Medical Examiners, and USMLE may be accepted 
5.10 	only if the combination is approved by the board as comparable to existing comparable 
5.11 	examination sequences and all examinations are completed prior to the year 2000.
5.12 	(d) The applicant shall present evidence satisfactory to the board of the completion 
5.13 	of one year of graduate, clinical medical training in a program accredited by a national 
5.14 	accrediting organization approved by the board or other graduate training approved 
5.15 	in advance by the board as meeting standards similar to those of a national accrediting 
5.16 	organization.
5.17 	(e) The applicant shall make arrangements with the executive director to appear in 
5.18 	person before the board or its designated representative to show that the applicant satisfies 
5.19 	the requirements of this section. The board may establish as internal operating procedures 
5.20 	the procedures or requirements for the applicant's personal presentation.
5.21 	(f) The applicant shall pay a fee established by the board by rule. The fee may not be 
5.22 	refunded. Upon application or notice of license renewal, the board must provide notice 
5.23 	to the applicant and to the person whose license is scheduled to be issued or renewed of 
5.24 	any additional fees, surcharges, or other costs which the person is obligated to pay as a 
5.25 	condition of licensure. The notice must:
5.26 	(1) state the dollar amount of the additional costs; and
5.27 	(2) clearly identify to the applicant the payment schedule of additional costs.
5.28 	(g) The applicant must not be under license suspension or revocation by the 
5.29 	licensing board of the state or jurisdiction in which the conduct that caused the suspension 
5.30 	or revocation occurred.
5.31 	(h) The applicant must not have engaged in conduct warranting disciplinary action 
5.32 	against a licensee, or have been subject to disciplinary action other than as specified in 
5.33 	paragraph (g). If the applicant does not satisfy the requirements stated in this paragraph, 
5.34 	the board may issue a license only on the applicant's showing that the public will be 
5.35 	protected through issuance of a license with conditions and limitations the board considers 
5.36 	appropriate.
6.1 	(i) If the examination in paragraph (c) was passed more than ten years ago, the 
6.2 	applicant must either:
6.3 	(1) pass the special purpose examination of the Federation of State Medical Boards 
6.4 	with a score of 75 or better within three attempts; or
6.5 	(2) have a current certification by a specialty board of the American Board of 
6.6 	Medical Specialties, of the American Osteopathic Association Bureau of Professional 
6.7 	Education, the Royal College of Physicians and Surgeons of Canada, or of the College 
6.8 	of Family Physicians of Canada.

6.9 	Sec. 5. Minnesota Statutes 2006, section 147.02, is amended by adding a subdivision 
6.10 	to read:
6.11 		Subd. 1b.Examination extension; medical reasons. The board may grant an 
6.12 	extension to the time period and to the number of attempts permitted to pass the United 
6.13 	States Medical Licensing Examination (USMLE) as specified in subdivision 1, paragraph 
6.14 	(c), clause (2), if an applicant has been diagnosed with a medical illness during the process 
6.15 	of taking the USMLE but before passage of all steps, or fails to pass a step within three 
6.16 	attempts due to the applicant's medical illness. Proof of the medical illness must be 
6.17 	submitted to the board on forms and according to the timelines of the board.

6.18 	Sec. 6. Minnesota Statutes 2006, section 147.037, subdivision 1, is amended to read:
6.19 		Subdivision 1.Requirements. The board shall issue a license to practice medicine 
6.20 	to any person who satisfies the requirements in paragraphs (a) to (g).
6.21 	(a) The applicant shall satisfy all the requirements established in section 147.02, 
6.22 	subdivision 1, paragraphs (a), (e), (f), (g), and (h). 
6.23 	(b) The applicant shall present evidence satisfactory to the board that the applicant 
6.24 	is a graduate of a medical or osteopathic school approved by the board as equivalent 
6.25 	to accredited United States or Canadian schools based upon its faculty, curriculum, 
6.26 	facilities, accreditation, or other relevant data. If the applicant is a graduate of a medical 
6.27 	or osteopathic program that is not accredited by the Liaison Committee for Medical 
6.28 	Education or the American Osteopathic Association, the applicant must may use the 
6.29 	Federation of State Medical Boards' Federation Credentials Verification Service (FCVS) 
6.30 	or its successor. If the applicant uses this service as required allowed under this paragraph, 
6.31 	the physician application fee may be less than $200 but must not exceed the cost of 
6.32 	administering this paragraph.
6.33 	(c) The applicant shall present evidence satisfactory to the board that the applicant 
6.34 	has been awarded a certificate by the Educational Council for Foreign Medical Graduates, 
7.1 	and the applicant has a working ability in the English language sufficient to communicate 
7.2 	with patients and physicians and to engage in the practice of medicine.
7.3 	(d) The applicant shall present evidence satisfactory to the board of the completion 
7.4 	of two years of graduate, clinical medical training in a program located in the United 
7.5 	States, its territories, or Canada and accredited by a national accrediting organization 
7.6 	approved by the board. This requirement does not apply:
7.7 	(1) to an applicant who is admitted as a permanent immigrant to the United States on 
7.8 	or before October 1, 1991, as a person of exceptional ability in the sciences according to 
7.9 	Code of Federal Regulations, title 20, section 656.22(d);
7.10 	(2) to an applicant holding a valid license to practice medicine in another country 
7.11 	and issued a permanent immigrant visa after October 1, 1991, as a person of extraordinary 
7.12 	ability in the field of science or as an outstanding professor or researcher according to 
7.13 	Code of Federal Regulations, title 8, section 204.5(h) and (i), or a temporary nonimmigrant 
7.14 	visa as a person of extraordinary ability in the field of science according to Code of 
7.15 	Federal Regulations, title 8, section 214.2(o),
7.16 	provided that a person under clause (1) or (2) is admitted pursuant to rules of the United 
7.17 	States Department of Labor; or
7.18 	(3) to an applicant who is licensed in another state, has practiced five years without 
7.19 	disciplinary action in the United States, its territories, or Canada, has completed one year 
7.20 	of the graduate, clinical medical training required by this paragraph, and has passed the 
7.21 	Special Purpose Examination of the Federation of State Medical Boards within three 
7.22 	attempts in the 24 months before licensing.
7.23 	(e) The applicant must:
7.24 	(1) have passed an examination prepared and graded by the Federation of State 
7.25 	Medical Boards, the United States Medical Licensing Examination program in accordance 
7.26 	with section 147.02, subdivision 1, paragraph (c), clause (2), or the Medical Council 
7.27 	of Canada; and 
7.28 	(2) have a current license from the equivalent licensing agency in another state or 
7.29 	country and, if the examination in clause (1) was passed more than ten years ago, either:
7.30 	(i) pass the Special Purpose Examination of the Federation of State Medical Boards 
7.31 	with a score of 75 or better within three attempts; or
7.32 	(ii) have a current certification by a specialty board of the American Board of 
7.33 	Medical Specialties, of the American Osteopathic Association Bureau of Professional 
7.34 	Education, of the Royal College of Physicians and Surgeons of Canada, or of the College 
7.35 	of Family Physicians of Canada.
8.1 	(f) The applicant must not be under license suspension or revocation by the licensing 
8.2 	board of the state or jurisdiction in which the conduct that caused the suspension or 
8.3 	revocation occurred.
8.4 	(g) The applicant must not have engaged in conduct warranting disciplinary action 
8.5 	against a licensee, or have been subject to disciplinary action other than as specified in 
8.6 	paragraph (f). If an applicant does not satisfy the requirements stated in this paragraph, 
8.7 	the board may issue a license only on the applicant's showing that the public will be 
8.8 	protected through issuance of a license with conditions or limitations the board considers 
8.9 	appropriate.

8.10 	EFFECTIVE DATE. This section is effective the day following final enactment.

8.11 	Sec. 7. Minnesota Statutes 2006, section 147A.27, subdivision 2, is amended to read:
8.12 		Subd. 2.Organization. The council shall be organized and administered under 
8.13 	section 15.059, except that the advisory council shall expire on June 30, 2007. 

8.14 	Sec. 8. Minnesota Statutes 2006, section 147B.05, subdivision 2, is amended to read:
8.15 		Subd. 2.Administration; compensation; removal; quorum. The advisory council 
8.16 	is governed by section 15.059, except that the council does not expire until June 30, 2007.

8.17 	Sec. 9. Minnesota Statutes 2006, section 147C.35, subdivision 2, is amended to read:
8.18 		Subd. 2.Organization. The advisory council shall be organized and administered 
8.19 	under section 15.059. The council expires June 30, 2007.

8.20 	Sec. 10. Minnesota Statutes 2006, section 147D.25, subdivision 2, is amended to read:
8.21 		Subd. 2.Organization. The advisory council shall be organized and administered 
8.22 	under section 15.059. The council expires June 30, 2007.

8.23 	Sec. 11. Minnesota Statutes 2006, section 148.10, subdivision 1, is amended to read:
8.24 		Subdivision 1.Grounds. (a) The state Board of Chiropractic Examiners may refuse 
8.25 	to grant, or may revoke, suspend, condition, limit, restrict or qualify a license to practice 
8.26 	chiropractic, or may cause the name of a person licensed to be removed from the records 
8.27 	in the office of the court administrator of the district court for:
8.28 	(1) Advertising that is false or misleading; that violates a rule of the board; or that 
8.29 	claims the cure of any condition or disease.
9.1 	(2) The employment of fraud or deception in applying for a license or in passing 
9.2 	the examination provided for in section 148.06 or conduct which subverts or attempts to 
9.3 	subvert the licensing examination process. 
9.4 	(3) The practice of chiropractic under a false or assumed name or the impersonation 
9.5 	of another practitioner of like or different name.
9.6 	(4) The conviction of a crime involving moral turpitude.
9.7 	(5) The conviction, during the previous five years, of a felony reasonably related to 
9.8 	the practice of chiropractic.
9.9 	(6) Habitual intemperance in the use of alcohol or drugs.
9.10 	(7) Practicing under a license which has not been renewed.
9.11 	(8) Advanced physical or mental disability.
9.12 	(9) The revocation or suspension of a license to practice chiropractic; or other 
9.13 	disciplinary action against the licensee; or the denial of an application for a license by 
9.14 	the proper licensing authority of another state, territory or country; or failure to report to 
9.15 	the board that charges regarding the person's license have been brought in another state 
9.16 	or jurisdiction.
9.17 	(10) The violation of, or failure to comply with, the provisions of sections 148.01
9.18 	to 148.105, the rules of the state Board of Chiropractic Examiners, or a lawful order of 
9.19 	the board. 
9.20 	(11) Unprofessional conduct.
9.21 	(12) Being unable to practice chiropractic with reasonable skill and safety to patients 
9.22 	by reason of illness, professional incompetence, senility, drunkenness, use of drugs, 
9.23 	narcotics, chemicals or any other type of material, or as a result of any mental or physical 
9.24 	condition, including deterioration through the aging process or loss of motor skills. If the 
9.25 	board has probable cause to believe that a person comes within this clause, it shall direct 
9.26 	the person to submit to a mental or physical examination. For the purpose of this clause, 
9.27 	every person licensed under this chapter shall be deemed to have given consent to submit 
9.28 	to a mental or physical examination when directed in writing by the board and further to 
9.29 	have waived all objections to the admissibility of the examining physicians' testimony or 
9.30 	examination reports on the ground that the same constitute a privileged communication. 
9.31 	Failure of a person to submit to such examination when directed shall constitute an 
9.32 	admission of the allegations, unless the failure was due to circumstances beyond the 
9.33 	person's control, in which case a default and final order may be entered without the taking 
9.34 	of testimony or presentation of evidence. A person affected under this clause shall at 
9.35 	reasonable intervals be afforded an opportunity to demonstrate that the person can resume 
9.36 	the competent practice of chiropractic with reasonable skill and safety to patients.
10.1 	In addition to ordering a physical or mental examination, the board may, 
10.2 	notwithstanding section 13.384, 144.651, or any other law limiting access to health 
10.3 	data, obtain health data and health records relating to a licensee or applicant without the 
10.4 	licensee's or applicant's consent if the board has probable cause to believe that a doctor of 
10.5 	chiropractic comes under this clause. The health data may be requested from a provider, 
10.6 	as defined in section 144.335, subdivision 1, paragraph (b), an insurance company, or a 
10.7 	government agency, including the Department of Human Services. A provider, insurance 
10.8 	company, or government agency shall comply with any written request of the board under 
10.9 	this subdivision and is not liable in any action for damages for releasing the data requested 
10.10 	by the board if the data are released pursuant to a written request under this subdivision, 
10.11 	unless the information is false and the provider or entity giving the information knew, 
10.12 	or had reason to believe, the information was false. Information obtained under this 
10.13 	subdivision is classified as private under sections 13.01 to 13.87. 
10.14 	In any proceeding under this clause, neither the record of proceedings nor the orders 
10.15 	entered by the board shall be used against a person in any other proceeding.
10.16 	(13) Aiding or abetting an unlicensed person in the practice of chiropractic, except 
10.17 	that it is not a violation of this clause for a doctor of chiropractic to employ, supervise, 
10.18 	or delegate functions to a qualified person who may or may not be required to obtain a 
10.19 	license or registration to provide health services if that person is practicing within the 
10.20 	scope of the license or registration or delegated authority.
10.21 	(14) Improper management of health records, including failure to maintain adequate 
10.22 	health records as described in clause (18), to comply with a patient's request made under 
10.23 	section 144.335 or to furnish a health record or report required by law. 
10.24 	(15) Failure to make reports required by section 148.102, subdivisions 2 and 5, 
10.25 	or to cooperate with an investigation of the board as required by section 148.104, or 
10.26 	the submission of a knowingly false report against another doctor of chiropractic under 
10.27 	section 148.10, subdivision 3. 
10.28 	(16) Splitting fees, or promising to pay a portion of a fee or a commission, or 
10.29 	accepting a rebate.
10.30 	(17) Revealing a privileged communication from or relating to a patient, except 
10.31 	when otherwise required or permitted by law.
10.32 	(18) Failing to keep written chiropractic records justifying the course of treatment of 
10.33 	the patient, including, but not limited to, patient histories, examination results, test results, 
10.34 	and x-rays. Unless otherwise required by law, written records need not be retained for 
10.35 	more than seven years and x-rays need not be retained for more than four years.
11.1 	(19) Exercising influence on the patient or client in such a manner as to exploit the 
11.2 	patient or client for financial gain of the licensee or of a third party which shall include, 
11.3 	but not be limited to, the promotion or sale of services, goods, or appliances.
11.4 	(20) Gross or repeated malpractice or the failure to practice chiropractic at a level 
11.5 	of care, skill, and treatment which is recognized by a reasonably prudent chiropractor as 
11.6 	being acceptable under similar conditions and circumstances.
11.7 	(21) Delegating professional responsibilities to a person when the licensee delegating 
11.8 	such responsibilities knows or has reason to know that the person is not qualified by 
11.9 	training, experience, or licensure to perform them.
11.10 	(b) For the purposes of paragraph (a), clause (2), conduct that subverts or attempts 
11.11 	to subvert the licensing examination process includes, but is not limited to: (1) conduct 
11.12 	that violates the security of the examination materials, such as removing examination 
11.13 	materials from the examination room or having unauthorized possession of any portion 
11.14 	of a future, current, or previously administered licensing examination; (2) conduct that 
11.15 	violates the standard of test administration, such as communicating with another examinee 
11.16 	during administration of the examination, copying another examinee's answers, permitting 
11.17 	another examinee to copy one's answers, or possessing unauthorized materials; or (3) 
11.18 	impersonating an examinee or permitting an impersonator to take the examination on 
11.19 	one's own behalf.
11.20 	(c) For the purposes of paragraph (a), clauses (4) and (5), conviction as used in these 
11.21 	subdivisions includes a conviction of an offense that if committed in this state would be 
11.22 	deemed a felony without regard to its designation elsewhere, or a criminal proceeding 
11.23 	where a finding or verdict of guilt is made or returned but the adjudication of guilt is either 
11.24 	withheld or not entered.
11.25 	(d) For the purposes of paragraph (a), clauses (4), (5), and (6), a copy of the judgment 
11.26 	or proceeding under seal of the administrator of the court or of the administrative agency 
11.27 	which entered the same shall be admissible into evidence without further authentication 
11.28 	and shall constitute prima facie evidence of its contents.
11.29 	(e) For the purposes of paragraph (a), clause (11), unprofessional conduct means any 
11.30 	unethical, deceptive or deleterious conduct or practice harmful to the public, any departure 
11.31 	from or the failure to conform to the minimal standards of acceptable chiropractic practice, 
11.32 	or a willful or careless disregard for the health, welfare or safety of patients, in any of 
11.33 	which cases proof of actual injury need not be established. Unprofessional conduct shall 
11.34 	include, but not be limited to, the following acts of a chiropractor:
11.35 	(1) gross ignorance of, or incompetence in, the practice of chiropractic;
12.1 	(2) engaging in conduct with a patient that is sexual or may reasonably be interpreted 
12.2 	by the patient as sexual, or in any verbal behavior that is seductive or sexually demeaning 
12.3 	to a patient;
12.4 	(3) performing unnecessary services;
12.5 	(4) charging a patient an unconscionable fee or charging for services not rendered;
12.6 	(5) directly or indirectly engaging in threatening, dishonest, or misleading fee 
12.7 	collection techniques;
12.8 	(6) perpetrating fraud upon patients, third-party payors, or others, relating to the 
12.9 	practice of chiropractic, including violations of the Medicare or Medicaid laws or state 
12.10 	medical assistance laws;
12.11 	(7) advertising that the licensee will accept for services rendered assigned payments 
12.12 	from any third-party payer as payment in full, if the effect is to give the impression of 
12.13 	eliminating the need of payment by the patient of any required deductible or co-payment 
12.14 	applicable in the patient's health benefit plan; or advertising a fee or charge for a service 
12.15 	or treatment different from the fee or charge the licensee submits to a third-party payer 
12.16 	for that service or treatment. As used in this clause, "advertise" means solicitation by the 
12.17 	licensee by means of handbills, posters, circulars, motion pictures, radio, newspapers, 
12.18 	television, or in any other manner. In addition to the board's power to punish for violations 
12.19 	of this clause, violation of this clause is also a misdemeanor;
12.20 	(8) accepting for services rendered assigned payments from any third-party payer 
12.21 	as payment in full, if the effect is to eliminate the need of payment by the patient of any 
12.22 	required deductible or co-payment applicable in the patient's health benefit plan, except as 
12.23 	hereinafter provided; or collecting a fee or charge for a service or treatment different from 
12.24 	the fee or charge the licensee submits to a third-party payer for that service or treatment, 
12.25 	except as hereinafter provided. This clause is intended to prohibit offerings to the public 
12.26 	of the above listed practices and those actual practices as well, except that in instances 
12.27 	where the intent is not to collect an excessive remuneration from the third-party payer but 
12.28 	rather to provide services at a reduced rate to a patient unable to afford the deductible or 
12.29 	co-payment, the services may be performed for a lesser charge or fee. The burden of proof 
12.30 	for establishing that this is the case shall be on the licensee; and
12.31 	(9) any other act that the board by rule may define.

12.32 	Sec. 12. Minnesota Statutes 2006, section 148.515, subdivision 2, is amended to read:
12.33 		Subd. 2.Master's or doctoral degree required for speech-language pathology 
12.34 	applicants. (a) An applicant for speech-language pathology must possess a master's or 
12.35 	doctoral degree that meets the requirements of paragraph (b). If completing a doctoral 
13.1 	program in which a master's degree has not been conferred, an applicant must submit a 
13.2 	transcript showing completion of course work equivalent to, or exceeding, a master's 
13.3 	degree that meets the requirement of paragraph (b).
13.4 	(b) All of the speech-language pathology applicant's graduate coursework and 
13.5 	clinical practicum required in the professional area for which licensure is sought must 
13.6 	have been initiated and completed at an institution whose program meets the current 
13.7 	requirements and was accredited by the Educational Standards Board of the Council 
13.8 	on Academic Accreditation in Audiology and Speech-Language Pathology, a body 
13.9 	recognized by the United States Department of Education, or an equivalent as determined 
13.10 	by the commissioner, in the area for which licensure is sought.

13.11 	Sec. 13. Minnesota Statutes 2006, section 148.515, is amended by adding a subdivision 
13.12 	to read:
13.13 		Subd. 2a.Master's or doctoral degree required for audiology applicants. (a) An 
13.14 	applicant for audiology must possess a master's degree or doctoral degree that meets the 
13.15 	following requirements:
13.16 	(1) if graduate training is completed prior to August 30, 2007, an audiology applicant 
13.17 	must possess a master's or doctoral degree in audiology from an accredited educational 
13.18 	institution; or
13.19 	(2) if graduate training is completed after August 30, 2007, an audiology applicant 
13.20 	must possess a doctoral degree with an emphasis in audiology, or its equivalent as 
13.21 	determined by the commissioner, from an accredited educational institution.
13.22 	(b) All of the audiology applicant's graduate coursework and clinical practicum 
13.23 	required in the professional area for which licensure is sought must have been initiated 
13.24 	and completed at an institution whose program meets the current requirements and was 
13.25 	accredited by the Educational Standards Board of the Council on Academic Accreditation 
13.26 	in Audiology and Speech-Language Pathology, a body recognized by the United States 
13.27 	Department of Education, or an equivalent as determined by the commissioner, in the 
13.28 	area for which licensure is sought.

13.29 	Sec. 14. Minnesota Statutes 2006, section 148.65, subdivision 2, is amended to read:
13.30 		Subd. 2.Physical therapist. "Physical therapist" means a person licensed by the 
13.31 	board who practices physical therapy as defined in sections 148.65 to 148.78. 

13.32 	Sec. 15. Minnesota Statutes 2006, section 148.65, subdivision 3, is amended to read:
14.1 		Subd. 3.Physical therapist assistant. "Physical therapist assistant" means 
14.2 	a graduate of a physical therapist assistant educational program accredited by the 
14.3 	Commission on Accreditation in Physical Therapy Education (CAPTE) or a recognized 
14.4 	comparable national accrediting agency approved by the board. The physical therapist 
14.5 	assistant,person licensed by the board who provides physical therapy under the 
14.6 	direction and supervision of thea physical therapist, and who performs physical therapy 
14.7 	interventions and assists with coordination, communication, and documentation;, and 
14.8 	patient-client-related instruction. The physical therapist is not required to be on-site 
14.9 	except as required under Minnesota Rules, part 5601.1500, but must be easily available 
14.10 	by telecommunications.

14.11 	Sec. 16. Minnesota Statutes 2006, section 148.65, is amended by adding a subdivision 
14.12 	to read:
14.13 		Subd. 8.Licensee. "Licensee" means a person licensed as a physical therapist 
14.14 	or a physical therapist assistant.

14.15 	Sec. 17. Minnesota Statutes 2006, section 148.67, subdivision 1, is amended to read:
14.16 		Subdivision 1.Board of Physical Therapy appointed. The governor shall appoint 
14.17 	a state Board of Physical Therapy to administer sections 148.65 to 148.78, regarding the 
14.18 	qualifications and examination of physical therapists and physical therapist assistants. The 
14.19 	board shall consist of nine members, citizens and residents of the state of Minnesota, 
14.20 	composed of fourfive physical therapists, one licensed and registered doctor of medicine, 
14.21 	onetwo physical therapy assistanttherapist assistants and three public members. The four
14.22 	physical therapist members and the physical therapist assistant members must be licensed 
14.23 	physical therapists in this state. Each of the four physical therapist members mustand have 
14.24 	at least five years' experience in physical therapy practice, physical therapy administration, 
14.25 	or physical therapy education. The five years' experience must immediately precede 
14.26 	appointment. Membership terms, compensation of members, removal of members, 
14.27 	filling of membership vacancies, and fiscal year and reporting requirements shall be as 
14.28 	provided in sections 214.07 to 214.09. The provision of staff, administrative services, and 
14.29 	office space; the review and processing of complaints; the setting of board fees; and 
14.30 	other provisions relating to board operations shall be as provided in chapter 214. Each 
14.31 	member of the board shall file with the secretary of state the constitutional oath of office 
14.32 	before beginning the term of office. 

15.1 	Sec. 18. Minnesota Statutes 2006, section 148.70, is amended to read:
15.2 	148.70 APPLICANTS, QUALIFICATIONS.
15.3 	The Board of Physical Therapy must:
15.4 	(1) establish the qualifications of applicants for licensing and continuing education 
15.5 	requirements for relicensing renewal of licensure;
15.6 	(2) provide for and conduct all examinations following satisfactory completion of 
15.7 	all didactic requirements;
15.8 	(3) determine the applicants who successfully pass the examination; and
15.9 	(4) duly license an applicant after the applicant has presented evidence satisfactory 
15.10 	to the board that the applicant has completed an accredited physical therapy educational 
15.11 	program of education or continuing education approved by the board met all requirements 
15.12 	for licensure as a physical therapist or physical therapist assistant.
15.13 	The passing score for examinations taken after July 1, 1995, shall be based on 
15.14 	objective, numerical standards, as established by a nationally recognized board approved 
15.15 	testing service.

15.16 	Sec. 19. Minnesota Statutes 2006, section 148.705, is amended to read:
15.17 	148.705 APPLICATION.
15.18 		Subdivision 1.Form; fee. An applicant for licensinglicensure as a physical 
15.19 	therapist or physical therapist assistant shall filesubmit a written application on forms 
15.20 	provided by the board together with athe appropriate fee in the amount set by the board. 
15.21 	No portion of the fee is refundable. No applicant will be approved to sit for the national 
15.22 	examination until the application is complete, as determined by the board.
15.23 	An approved program for physical therapists shall include the following:
15.24 	(1) a minimum of 60 academic semester credits or its equivalent from an accredited 
15.25 	college, including courses in the biological and physical sciences; and
15.26 	(2) an accredited course in physical therapy education which has provided adequate 
15.27 	instruction in the basic sciences, clinical sciences, and physical therapy theory and 
15.28 	procedures, as determined by the board. In determining whether or not a course in physical 
15.29 	therapy is approved, the board may take into consideration the accreditation of such 
15.30 	schools by the appropriate council of the American Medical Association, the American 
15.31 	Physical Therapy Association, or the Canadian Medical Association.
15.32 		Subd. 2.Contents of application. (a) The application must include the following 
15.33 	information:
16.1 	(1) evidence satisfactory to the board that the applicant has met the educational 
16.2 	requirements of section 148.721 or 148.722 as demonstrated by a certified copy of a 
16.3 	transcript;
16.4 	(2) recommendations by two physical therapists registered or licensed to practice 
16.5 	physical therapy in the United States or Canada attesting to the applicant's ethical and 
16.6 	moral character;
16.7 	(3) a recent full-face photograph of the applicant attached to the application with the 
16.8 	affidavit on the form completed and notarized;
16.9 	(4) a record of the applicant's high school, college, and board-approved physical 
16.10 	therapy school education listing the names, locations, dates of attendance, and diplomas, 
16.11 	degrees, or certificates awarded;
16.12 	(5) a record of the applicant's postgraduate work and military service;
16.13 	(6) a listing of the United States jurisdictions, and countries in which the applicant is 
16.14 	currently licensed or registered, or has been in the past, including the applicant's license or 
16.15 	registration certificate number, the date the license or registration was obtained, and the 
16.16 	method by which the license or registration was received;
16.17 	(7) a record of the applicant's current and previous physical therapy practice 
16.18 	experience;
16.19 	(8) a record of disciplinary action taken on past complaints, refusal of licensure or 
16.20 	registration, or denial of examination eligibility by another state board or physical therapy 
16.21 	society against the applicant;
16.22 	(9) a record of the applicant's personal use or administration of any controlled 
16.23 	substances and any treatment for alcohol or drug abuse;
16.24 	(10) a record by the applicant of any disease, illness, or injury that impairs the 
16.25 	applicant's ability to practice physical therapy;
16.26 	(11) a record of any convictions for crimes related to the practice of physical therapy, 
16.27 	felonies, gross misdemeanors, and crimes involving moral turpitude;
16.28 	(12) a listing of any memberships in a physical therapy professional association;
16.29 	(13) the applicant's name and address;
16.30 	(14) the applicant's Social Security number, alien registration card number, or tax 
16.31 	identification number, whichever is applicable;
16.32 	(15) completed copies of credentials verification forms provided by the board; and
16.33 	(16) any information deemed necessary by the board to evaluate the applicant.
16.34 	(b) A person who has previously practiced in another state shall submit the following 
16.35 	information for the five-year period of active practice preceding the date of filing 
16.36 	application in this state:
17.1 	(1) the name and address of the person's professional liability insurer in the other 
17.2 	state; and
17.3 	(2) the number, date, and disposition of any malpractice settlement or award made 
17.4 	to a plaintiff relating to the quality of services provided.

17.5 	Sec. 20. Minnesota Statutes 2006, section 148.706, is amended to read:
17.6 	148.706 SUPERVISION OF PHYSICAL THERAPIST ASSISTANTS, AIDES, 
17.7 	AND STUDENTS.
17.8 		Subdivision 1.Supervision. Every physical therapist who uses the services of a 
17.9 	physical therapist assistant or physical therapy aide for the purpose of assisting in the 
17.10 	practice of physical therapy is responsible for functions performed by the assistant or 
17.11 	aide while engaged in such assistance. The physical therapist shall delegate duties to the 
17.12 	physical therapist assistant and assign tasks to the physical therapy aide in accordance 
17.13 	with Minnesota Rules, part 5601.1400 subdivision 2. Physical therapists who instruct 
17.14 	student physical therapists and student physical therapist assistants are responsible for the 
17.15 	functions performed by the students and shall supervise the students as provided under 
17.16 	section 148.65, subdivisions 5 and 6. A licensed physical therapist may supervise no more 
17.17 	than two physical therapist assistants at any time.
17.18 		Subd. 2.Delegation of duties. The physical therapist may delegate patient 
17.19 	treatment procedures only to a physical therapist assistant who has sufficient didactic and 
17.20 	clinical preparation. The physical therapist may not delegate the following activities to the 
17.21 	physical therapist assistant or to other supportive personnel: patient evaluation, treatment 
17.22 	planning, initial treatment, change of treatment, and initial or final documentation.
17.23 		Subd. 3.Observation of physical therapist assistants. When components of a 
17.24 	patient's treatment are delegated to a physical therapist assistant, a physical therapist must 
17.25 	provide on-site observation of the treatment and documentation of its appropriateness at 
17.26 	least every six treatment sessions. The physical therapist is not required to be on-site, but 
17.27 	must be easily available by telecommunications.
17.28 		Subd. 4.Observation of physical therapy aides. The physical therapist must 
17.29 	observe the patient's status before and after the treatment administered by a physical 
17.30 	therapy aide. The physical therapy aide may perform tasks related to preparation of patient 
17.31 	and equipment for treatment, housekeeping, transportation, clerical duties, departmental 
17.32 	maintenance, and selected treatment procedures. The tasks must be performed under the 
17.33 	direct supervision of a physical therapist who is readily available for advice, instruction, 
17.34 	or immediate assistance.

18.1 	Sec. 21. Minnesota Statutes 2006, section 148.71, is amended to read:
18.2 	148.71 LICENSING TEMPORARY PERMITS.
18.3 		Subdivision 1.Qualified applicant. The state Board of Physical Therapy shall 
18.4 	license as a physical therapist and shall furnish a license to an applicant who successfully 
18.5 	passes an examination provided for in sections 148.65 to 148.78 for licensing as a physical 
18.6 	therapist and who is otherwise qualified as required in sections 148.65 to 148.78. 
18.7 		Subd. 2.Temporary permit Issuance. (a) The board may, upon completion of 
18.8 	the application prescribed by the board and payment of a fee set by the board, issue a 
18.9 	temporary permit to practice physical therapy under supervision to a physical therapist 
18.10 	who is a graduate of an approved school of physical therapyan applicant for licensure as a 
18.11 	physical therapist or physical therapist assistant who meets the educational requirements 
18.12 	of section 148.721 or 148.722 and qualified for admission to examination for licensing as 
18.13 	a physical therapist or physical therapist assistant. A temporary permit to practice physical 
18.14 	therapy under supervision may be issued only once and cannot be renewed. It expires 90 
18.15 	days after the next examination for licensing given by the board or on the date on which 
18.16 	the board, after examination of the applicant, grants or denies the applicant a license to 
18.17 	practice, whichever occurs first. A temporary permit expires on the first day the board 
18.18 	begins its next examination for license after the permit is issued if the holder does not 
18.19 	submit to examination on that date. The holder of a temporary permit to practice physical 
18.20 	therapy under supervision may practice physical therapy as defined in section 148.65 if 
18.21 	the entire practice is under the supervision of a person holding a valid license to practice 
18.22 	physical therapy in this state. The supervision shall be direct, immediate, and on premises. 
18.23 	(b) A physical therapistAn applicant from another state who is licensed or otherwise 
18.24 	registered in good standing as a physical therapist by that state and meets the requirements 
18.25 	for licensing under section 148.72 does not require supervision to practice physical therapy 
18.26 	while holding a temporary permit in this state. The temporary permit remains valid only 
18.27 	until the meeting of the board at which the application for licensing is considered. 
18.28 		Subd. 3.Foreign-trainedForeign-educated physical therapists; temporary 
18.29 	permits. (a) The Board of Physical Therapy may issue a temporary permit to a 
18.30 	foreign-trainedforeign-educated physical therapist who:
18.31 	(1) is enrolled in a supervised physical therapy traineeship that meets the 
18.32 	requirements under paragraph (b);
18.33 	(2) has completed a physical therapy education program equivalent to that under 
18.34 	section 148.705 and Minnesota Rules, part 5601.0800, subpart 2 148.721, and has 
18.35 	provided to the board a Foreign Credentialing Commission on Physical Therapy 
19.1 	(FCCPT) comprehensive credentials evaluation (Type I certificate) or FCCPT educational 
19.2 	credentials review demonstrating completion of the program; 
19.3 	(3) has achieved a passing score of at least 550according to section 148.725, 
19.4 	subdivision 3, on the test of English as a foreign language or a score of at least 85 on 
19.5 	the Minnesota battery test an alternate equivalent examination, as determined by the 
19.6 	board; and
19.7 	(4) has paid a nonrefundable fee set by the board.
19.8 	A foreign-trainedforeign-educated physical therapist must have the temporary 
19.9 	permit before beginning a traineeship.
19.10 	(b) A supervised physical therapy traineeship must:
19.11 	(1) be at least six months;
19.12 	(2) be at a board-approved facility;
19.13 	(3) provide a broad base of clinical experience to the foreign-trainedforeign-educated 
19.14 	physical therapist including a variety of physical agents, therapeutic exercises, evaluation 
19.15 	procedures, and patient diagnoses;
19.16 	(4) be supervised by a physical therapist who has at least three years of clinical 
19.17 	experience and is licensed under subdivision 1; and
19.18 	(5) be approved by the board before the foreign-trainedforeign-educated physical 
19.19 	therapist begins the traineeship.
19.20 	(c) A temporary permit is effective on the first day of a traineeship and expires 90 
19.21 	days after the next examination for licensing given by the board following successful 
19.22 	completion of the traineeship or on the date on which the board, after examination of the 
19.23 	applicant, grants or denies the applicant a license to practice, whichever occurs first.
19.24 	(d) A foreign-trainedforeign-educated physical therapist must successfully complete 
19.25 	a traineeship to be licensed as a physical therapist under subdivision 1. The traineeship 
19.26 	may be waived for a foreign-trainedforeign-educated physical therapist who is licensed 
19.27 	or otherwise registered in good standing in another state and has successfully practiced 
19.28 	physical therapy in that state under the supervision of a licensed or registered physical 
19.29 	therapist for at least six months at a facility that meets the requirements under paragraph 
19.30 	(b), clauses (2) and (3).
19.31 	(e) A temporary permit will not be issued to a foreign-trainedforeign-educated 
19.32 	applicant who has been issued a temporary permit for longer than six months in any 
19.33 	other state.

19.34 	Sec. 22. [148.721] EDUCATIONAL REQUIREMENTS FOR LICENSED 
19.35 	PHYSICAL THERAPIST.
20.1 		Subdivision 1.Accredited program. All applicants for licensure as a physical 
20.2 	therapist must complete a course in physical therapy education accredited by the 
20.3 	Commission on Accreditation in Physical Therapy Education (CAPTE) or which meets 
20.4 	the accreditation requirements of CAPTE, as determined by the board.
20.5 		Subd. 2.General education. In addition to completion of the accredited program 
20.6 	required in subdivision 1, applicants must complete an additional 60 academic semester 
20.7 	credits or its quarter equivalent from an institution of higher education that is accredited 
20.8 	by a regional accrediting organization. Coursework used to satisfy this requirement may 
20.9 	not have been earned as part of the accredited program requirement of subdivision 1.

20.10 	Sec. 23. [148.722] EDUCATIONAL REQUIREMENTS FOR LICENSED 
20.11 	PHYSICAL THERAPIST ASSISTANT.
20.12 	All applicants for licensure as a physical therapist assistant must graduate from 
20.13 	a physical therapist assistant educational program accredited by the Commission 
20.14 	on Accreditation in Physical Therapy Education (CAPTE) or meet its standards, as 
20.15 	determined by the board.

20.16 	Sec. 24. [148.723] EXAMINATION FOR LICENSED PHYSICAL THERAPIST.
20.17 		Subdivision 1.National test. All applicants for licensure as a physical therapist 
20.18 	must take and pass the National Physical Therapy Examination (NPTE) administered by 
20.19 	the Federation of State Boards of Physical Therapy (FSBPT) or an alternate national 
20.20 	examination determined by the board to be equivalent. For purposes of this section, 
20.21 	passing scores are defined in subdivisions 2 and 3.
20.22 		Subd. 2.Examinations taken on or before July 1, 1995. The passing score for 
20.23 	qualifying examinations taken prior to July 1, 1995, is one standard deviation below the 
20.24 	mean of all persons taking the examination.
20.25 		Subd. 3.Examinations taken after July 1, 1995. The passing score for qualifying 
20.26 	examinations taken after July 1, 1995, shall be based on objective, numerical standards 
20.27 	established by the administering testing agency.

20.28 	Sec. 25. [148.724] EXAMINATION FOR LICENSED PHYSICAL THERAPIST 
20.29 	ASSISTANT.
20.30 		Subdivision 1.National test. All applicants for licensure as a physical therapist 
20.31 	assistant must take and pass the National Physical Therapy Examination (NPTE) for 
20.32 	physical therapist assistants administered by the Federation of State Boards of Physical 
21.1 	Therapy (FSBPT) or an alternate national examination determined by the board to be 
21.2 	equivalent. For purposes of this section, passing scores are defined in subdivisions 2 to 4.
21.3 		Subd. 2.Examinations taken on or before July 1, 1995. The passing score for 
21.4 	qualifying examinations taken prior to July 1, 1995, is one standard deviation below the 
21.5 	mean of all persons taking the examination.
21.6 		Subd. 3.Examinations taken after July 1, 1995. The passing score for qualifying 
21.7 	examinations taken after July 1, 1995, shall be based on objective, numerical standards 
21.8 	established by the administering testing agency.
21.9 		Subd. 4.Grandparenting provision. Applicants for licensure as a physical 
21.10 	therapist assistant who meet the educational requirements of section 148.722 prior to 
21.11 	September 1, 2007, are not required to take and pass the examination required by this 
21.12 	section. This provision expires on July 1, 2008.

21.13 	Sec. 26. [148.725] REQUIREMENTS FOR FOREIGN-EDUCATED 
21.14 	APPLICANTS.
21.15 		Subdivision 1.Scope and documentation. An applicant for licensure who is a 
21.16 	foreign-educated physical therapist must fulfill the requirements in subdivisions 2 to 5, 
21.17 	providing certified English translations of board-required relevant documentation.
21.18 		Subd. 2.Education evaluation. The applicant must present evidence of completion 
21.19 	of physical therapy schooling equivalent to that required in section 148.721 by having a 
21.20 	Type I comprehensive credentials evaluation or educational credentials review performed 
21.21 	by the Foreign Credentialing Commission on Physical Therapy (FCCPT). The evaluation 
21.22 	must be sent directly to the board from the FCCPT. The applicant shall be responsible for 
21.23 	the expenses incurred as a result of the evaluation.
21.24 		Subd. 3.English test. If not completed as part of the FCCPT Type I comprehensive 
21.25 	credentials evaluation, the applicant must demonstrate English language proficiency by 
21.26 	taking the test of English as a foreign language examination (TOEFL) and achieving a 
21.27 	passing score as established by the board, or a passing score on a comparable nationally 
21.28 	recognized examination approved by the board. For purposes of this subdivision, the 
21.29 	passing score adopted by the board shall be applied prospectively.
21.30 		Subd. 4.Experience. The applicant must have practiced satisfactorily for at least 
21.31 	six months under the supervision of a licensed physical therapist at a board-approved 
21.32 	facility. A facility that offers such practice must provide a broad base of experience 
21.33 	including a variety of physical agents, therapeutic exercises, evaluation procedures, and 
21.34 	patient diagnoses. Supervision must be provided by a licensed physical therapist with at 
22.1 	least three years of clinical experience. A proposed outline of clinical experiences must be 
22.2 	approved by the board before the facility begins offering the experience.
22.3 		Subd. 5.Examination. The applicant must satisfactorily complete the 
22.4 	board-approved examination as stated in section 148.72 or 148.73.

22.5 	Sec. 27. Minnesota Statutes 2006, section 148.73, is amended to read:
22.6 	148.73 RENEWALS.
22.7 	Every licensed physical therapist and physical therapist assistant shall, during each 
22.8 	January before January 1 each year, apply to the board for an extension of a license and 
22.9 	pay a fee in the amount set by the board. The extension of the license is contingent 
22.10 	upon demonstration that the continuing education requirements set by the board under 
22.11 	section 148.70 have been satisfied. For purposes of this section, the continuing education 
22.12 	requirements for physical therapist assistants are the same as those for physical therapists.

22.13 	Sec. 28. Minnesota Statutes 2006, section 148.735, is amended to read:
22.14 	148.735 CANCELLATION OF LICENSE IN GOOD STANDING.
22.15 		Subdivision 1.Board approval; reporting. A physical therapist or physical 
22.16 	therapist assistant holding an active license to practice physical therapy in the state may, 
22.17 	upon approval of the board, be granted license cancellation if the board is not investigating 
22.18 	the person as a result of a complaint or information received or if the board has not begun 
22.19 	disciplinary proceedings against the person. Such action by the board shall be reported as 
22.20 	a cancellation of a license in good standing.
22.21 		Subd. 2.Fees nonrefundable. A physical therapist or physical therapist assistant 
22.22 	who receives board approval for license cancellation is not entitled to a refund of any 
22.23 	license fees paid for the licensure year in which cancellation of the license occurred.
22.24 		Subd. 3.New license after cancellation. If a physical therapist or physical therapist 
22.25 	assistant who has been granted board approval for license cancellation desires to resume 
22.26 	the practice of physical therapy in Minnesota, that physical therapist or physical therapist 
22.27 	assistant must obtain a new license by applying for licensure and fulfilling the requirements 
22.28 	then in existence for obtaining an initial license to practice physical therapy in Minnesota.

22.29 	Sec. 29. Minnesota Statutes 2006, section 148.736, subdivision 1, is amended to read:
22.30 		Subdivision 1.Board approval; reporting. A physical therapist, or physical 
22.31 	therapist assistant whose right to practice is under suspension, condition, limitation, 
22.32 	qualification, or restriction by the board may be granted cancellation of credentials by 
22.33 	approval of the board. Such action by the board shall be reported as cancellation while 
23.1 	under discipline. Credentials, for purposes of this section, means board authorized 
23.2 	documentation of the privilege to practice physical therapy.

23.3 	Sec. 30. Minnesota Statutes 2006, section 148.74, is amended to read:
23.4 	148.74 RULES.
23.5 	The board may adopt rules needed to carry out sections 148.65 to 148.78. The 
23.6 	secretary-treasurer of the board shall keep a record of proceedings under these sections 
23.7 	and a register of all persons licensed under it. The register shall show the name, address, 
23.8 	date and number of the license, and the renewal of the license. Any other interested 
23.9 	person in the state may obtain a copy of the list on request to the board upon paying an 
23.10 	amount fixed by the board. The amount shall not exceed the cost of the list furnished. The 
23.11 	board shall provide blanks, books, certificates, and stationery and assistance necessary to 
23.12 	transact business of the board. All money received by the board under sections 148.65 to 
23.13 	148.78 shall be paid into the state treasury as provided for by law. The board shall set by 
23.14 	rule the amounts of the application fee and the annual licensing fee. The fees collected by 
23.15 	the board must be sufficient to cover the costs of administering sections 148.65 to 148.78.

23.16 	Sec. 31. Minnesota Statutes 2006, section 148.75, is amended to read:
23.17 	148.75 LICENSES; DENIAL, SUSPENSION, REVOCATION DISCIPLINARY 
23.18 	ACTION.
23.19 	(a) The state board of Physical Therapy may refuse to grant a license to any physical 
23.20 	therapist, or may suspend or revoke the license of any physical therapist for any of the 
23.21 	following grounds may impose disciplinary action specified in paragraph (b) against an 
23.22 	applicant or licensee whom the board, by a preponderance of the evidence, determines:
23.23 	(1) using drugs or intoxicating liquors to an extent which affects professional 
23.24 	competence;
23.25 	(2) conviction of a felony;
23.26 	(1) has violated a statute, rule, order, or agreement for corrective action that the 
23.27 	board issued or is otherwise authorized or empowered to enforce;
23.28 	(2) is unable to practice physical therapy with reasonable skill and safety by reason 
23.29 	of any mental or physical illness or condition, including deterioration through the aging 
23.30 	process or loss of motor skills, or use of alcohol, drugs, narcotics, chemicals, or any 
23.31 	other type of material;
23.32 	(3) has been convicted of or has pled guilty or nolo contendere to a felony or other 
23.33 	crime, an element of which is dishonesty or fraud, or has been shown to have engaged 
23.34 	in acts or practices tending to show that the applicant or licensee is incompetent or has 
24.1 	engaged in conduct reflecting adversely on the applicant's or licensee's ability or fitness to 
24.2 	engage in the practice of physical therapy;
24.3 	(3) conviction for(4) has been convicted of violating any state or federal narcotic 
24.4 	law;
24.5 	(4) obtaining(5) has obtained or attempted to obtain a license or attempting to 
24.6 	obtain a license or approval of continuing education activities, or passed an examination,
24.7 	by fraud or deception;
24.8 	(5) conduct unbecoming a person licensed as a physical therapist or conduct 
24.9 	detrimental to the best interests of the public;
24.10 	(6) has engaged in unprofessional conduct or any other conduct which has the 
24.11 	potential for causing harm to the public, including any departure from or failure to 
24.12 	conform to the minimum standards of acceptable and prevailing practice without actual 
24.13 	injury having to be established;
24.14 	(6)(7) has engaged in gross negligence in the practice of physical therapy as a 
24.15 	physical therapist;
24.16 	(7) treating(8) has treated human ailments by physical therapy after an initial 30-day 
24.17 	period of patient admittance to treatment has lapsed, except by the order or referral of a 
24.18 	person licensed in this state in the practice of medicine as defined in section 147.081, the 
24.19 	practice of chiropractic as defined in section 148.01, the practice of podiatry as defined 
24.20 	in section 153.01, or the practice of dentistry as defined in section 150A.05 and whose 
24.21 	license is in good standing; or when a previous diagnosis exists indicating an ongoing 
24.22 	condition warranting physical therapy treatment, subject to periodic review defined by 
24.23 	board of physical therapy rule;
24.24 	(8) treating(9) has treated human ailments, without referral, by physical therapy 
24.25 	treatment without first having practiced one year under a physician's orders as verified by 
24.26 	the board's records;
24.27 	(9) failing(10) has failed to consult with the patient's health care provider who 
24.28 	prescribed the physical therapy treatment if the treatment is altered by the physical 
24.29 	therapist from the original written order. The provision does not include written orders to 
24.30 	"evaluate and treat";
24.31 	(10) treating human ailments other than by physical therapy unless duly licensed or 
24.32 	registered to do so under the laws of this state;
24.33 	(11) inappropriate delegationhas inappropriately delegated to a physical therapist 
24.34 	assistant or inappropriate task assignmentinappropriately assigned tasks to an aide, or 
24.35 	inadequate supervision ofinadequately supervised a student physical therapist, physical 
24.36 	therapist assistant, student physical therapist assistant, or a physical therapy aide;
25.1 	(12) practicinghas practiced  as a physical therapist performing medical diagnosis, 
25.2 	the practice of medicine as defined in section 147.081, or the practice of chiropractic as 
25.3 	defined in section 148.01;
25.4 	(13) failinghas failed to comply with a reasonable request to obtain appropriate 
25.5 	clearance for mental or physical conditions that would interfere with the ability to practice 
25.6 	physical therapy, and that may be potentially harmful to patients;
25.7 	(14) dividinghas divided  fees with, or paying or promising to pay a commission or 
25.8 	part of the fee to, any person who contacts the physical therapist for consultation or sends 
25.9 	patients to the physical therapist for treatment;
25.10 	(15) engaginghas engaged in an incentive payment arrangement, other than that 
25.11 	prohibited by clause (14), that tends to promote physical therapy overuse, that allows the 
25.12 	referring person or person who controls the availability of physical therapy services to a 
25.13 	client to profit unreasonably as a result of patient treatment;
25.14 	(16) practicing physical therapy and failinghas failed to refer to a licensed health 
25.15 	care professional a patient whose medical condition at the time of evaluation has been 
25.16 	determined by the physical therapist to be beyond the scope of practice of a physical 
25.17 	therapist;
25.18 	(17) failinghas failed to report to the board other licensed physical therapists
25.19 	licensees who violate this section; and
25.20 	(18) practicinghas engaged in the practice of physical therapy under lapsed or 
25.21 	nonrenewed credentials.;
25.22 	(19) has had a license, certificate, charter, registration, privilege to take an 
25.23 	examination, or other similar authority denied, revoked, suspended, canceled, limited, 
25.24 	reprimanded, or otherwise disciplined, or not renewed for cause in any jurisdiction; or has 
25.25 	surrendered or voluntarily terminated a license or certificate during a board investigation 
25.26 	of a complaint, as part of a disciplinary order, or while under a disciplinary order;
25.27 	(20) has been subject to a corrective action or similar action in another jurisdiction 
25.28 	or by another regulatory authority; or
25.29 	(21) has failed to cooperate with an investigation of the board, including responding 
25.30 	fully and promptly to any question raised by or on behalf of the board relating to the 
25.31 	subject of the investigation, executing all releases requested by the board, providing copies 
25.32 	of patient records, as reasonably requested by the board to assist it in its investigation, and 
25.33 	appearing at conferences or hearings scheduled by the board or its staff.
25.34 	(b) If grounds for disciplinary action exist under paragraph (a), the board may take 
25.35 	one or more of the following actions:
25.36 	(1) deny the application for licensure;
26.1 	(2) deny the renewal of the license;
26.2 	(3) revoke the license;
26.3 	(4) suspend the license;
26.4 	(5) impose limitations or conditions on the licensee's practice of physical therapy, 
26.5 	including the: (i) limitation of scope of practice to designated field specialties; (ii) 
26.6 	imposition of retraining or rehabilitation requirements; (iii) requirement of practice under 
26.7 	supervision; or (iv) conditioning of continued practice on demonstration of knowledge or 
26.8 	skills by appropriate examination, monitoring, or other review of skill and competence;
26.9 	(6) impose a civil penalty not to exceed $10,000 for each separate violation, 
26.10 	the amount of the civil penalty to be fixed so as to deprive the physical therapist of 
26.11 	any economic advantage gained by reason of the violation charged, to discourage 
26.12 	similar violations, or to reimburse the board for the cost of the investigation and 
26.13 	proceeding including, but not limited to, fees paid for services provided by the Office of 
26.14 	Administrative Hearings, legal and investigative services provided by the Office of the 
26.15 	Attorney General, court reporters, witnesses, reproduction of records, board members' 
26.16 	per diem compensation, board staff time, and travel costs and expenses incurred by board 
26.17 	staff and board members;
26.18 	(7) order the licensee to provide unremunerated service;
26.19 	(8) censure or reprimand the licensee; or
26.20 	(9) any other action as allowed by law and justified by the facts of the case.
26.21 	(b)(c) A license to practice as a physical therapist or physical therapist assistant is 
26.22 	automatically suspended if (1) a guardian of the physical therapistlicensee is appointed 
26.23 	by order of a court pursuant to sections 524.5-101 to 524.5-502, for reasons other than 
26.24 	the minority of the physical therapist licensee; or (2) the physical therapistlicensee is 
26.25 	committed by order of a court pursuant to chapter 253B. The license remains suspended 
26.26 	until the physical therapistlicensee is restored to capacity by a court and, upon petition 
26.27 	by the physical therapist licensee, the suspension is terminated by the Board of Physical 
26.28 	Therapy after a hearing.

26.29 	Sec. 32. Minnesota Statutes 2006, section 148.754, is amended to read:
26.30 	148.754 EXAMINATION; ACCESS TO MEDICAL DATA.
26.31 	(a) If the board has probable cause to believe that a physical therapistlicensee 
26.32 	comes under section 148.75, paragraph (a), clause (2), it may direct the physical therapist
26.33 	licensee to submit to a mental or physical examination. For the purpose of this paragraph, 
26.34 	every physical therapistlicensee is deemed to have consented to submit to a mental or 
26.35 	physical examination when directed in writing by the board and further to have waived 
27.1 	all objections to the admissibility of the examining physicians' testimony or examination 
27.2 	reports on the ground that they constitute a privileged communication. Failure of the 
27.3 	physical therapistlicensee to submit to an examination when directed constitutes an 
27.4 	admission of the allegations against the person, unless the failure was due to circumstances 
27.5 	beyond the person's control, in which case a default and final order may be entered without 
27.6 	the taking of testimony or presentation of evidence. A physical therapistlicensee affected 
27.7 	under this paragraph shall, at reasonable intervals, be given an opportunity to demonstrate 
27.8 	that the person can resume the competent practice of physical therapy with reasonable 
27.9 	skill and safety to the public.
27.10 	(b) In any proceeding under paragraph (a), neither the record of proceedings nor 
27.11 	the orders entered by the board shall be used against a physical therapistlicensee in any 
27.12 	other proceeding.
27.13 	(c) In addition to ordering a physical or mental examination, the board may, 
27.14 	notwithstanding section 13.384, 144.651, or any other law limiting access to medical 
27.15 	or other health data, obtain medical data and health records relating to a physical 
27.16 	therapistlicensee or applicant without the person's or applicant's consent if the board has 
27.17 	probable cause to believe that a physical therapistthe person comes under paragraph 
27.18 	(a). The medical data may be requested from a provider, as defined in section 144.335, 
27.19 	subdivision 1, paragraph (b), an insurance company, or a government agency, including 
27.20 	the Department of Human Services. A provider, insurance company, or government 
27.21 	agency shall comply with any written request of the board under this paragraph and is 
27.22 	not liable in any action for damages for releasing the data requested by the board if the 
27.23 	data are released pursuant to a written request under this paragraph, unless the information 
27.24 	is false and the provider giving the information knew, or had reason to believe, the 
27.25 	information was false. Information obtained under this paragraph is classified as private 
27.26 	under sections 13.01 to 13.87.

27.27 	Sec. 33. Minnesota Statutes 2006, section 148.755, is amended to read:
27.28 	148.755 TEMPORARY SUSPENSION OF LICENSE.
27.29 	In addition to any other remedy provided by law, the board may, without a hearing, 
27.30 	temporarily suspend the license of a physical therapistlicensee if the board finds that the 
27.31 	physical therapistlicensee has violated a statute or rule which the board is empowered to 
27.32 	enforce and continued practice by the physical therapistlicensee would create a serious 
27.33 	risk of harm to the public. The suspension shall take effect upon written notice to the 
27.34 	physical therapist licensee, specifying the statute or rule violated. The suspension shall 
27.35 	remain in effect until the board issues a final order in the matter after a hearing. At the 
28.1 	time it issues the suspension notice, the board shall schedule a disciplinary hearing to be 
28.2 	held pursuant to the Administrative Procedure Act, chapter 14. The physical therapist
28.3 	licensee shall be provided with at least 20 days' notice of any hearing held pursuant to this 
28.4 	section. The hearing shall be scheduled to begin no later than 30 days after the issuance 
28.5 	of the suspension order.

28.6 	Sec. 34. Minnesota Statutes 2006, section 148.76, subdivision 1, is amended to read:
28.7 		Subdivision 1.Licensure required. No person shall:
28.8 	(1) provide physical therapy unless the person is licensed as a physical therapist or 
28.9 	physical therapist assistant under sections 148.65 to 148.78; 
28.10 	(2) use the title of physical therapist without a license as a physical therapist or use 
28.11 	the title physical therapist assistant without a license as a physical therapist assistant
28.12 	issued under sections 148.65 to 148.78; 
28.13 	(3) in any manner hold out as a physical therapist, or use in connection with the 
28.14 	person's name the words or letters Physical Therapist, Physiotherapist, Physical Therapy 
28.15 	Technician, Registered Physical Therapist, Licensed Physical Therapist, PT, PTT, RPT, 
28.16 	LPT, or any letters, words, abbreviations or insignia indicating or implying that the person 
28.17 	is a physical therapist, without a license as a physical therapist issued under sections 
28.18 	148.65 to 148.78. To do so is a gross misdemeanor; 
28.19 	(4) in any manner hold out as a physical therapist assistant, or use in connection with 
28.20 	the person's name the words or letters Physical Therapist Assistant, P.T.A., or any letters, 
28.21 	words, abbreviations, or insignia indicating or implying that the person is a physical 
28.22 	therapist assistant, without a license as a physical therapist assistant under sections 148.65 
28.23 	to 148.78. To do so is a gross misdemeanor; or
28.24 	(4)(5) employ fraud or deception in applying for or securing a license as a physical 
28.25 	therapist or physical therapist assistant.
28.26 	Nothing in sections 148.65 to 148.78 prohibits a person licensed or registered in this 
28.27 	state under another law from carrying out the therapy or practice for which the person is 
28.28 	duly licensed or registered. 

28.29 	Sec. 35. Minnesota Statutes 2006, section 148.78, is amended to read:
28.30 	148.78 PROSECUTION, ALLEGATIONS.
28.31 	In the prosecution of any person for violation of sections 148.65 to 148.78 as 
28.32 	specified in section 148.76, it shall not be necessary to allege or prove want of a valid 
28.33 	license as a physical therapist or physical therapist assistant, but shall be a matter of 
28.34 	defense to be established by the accused. 

29.1 	Sec. 36. [148.785] FEES.
29.2 	The fees charged by the board are fixed at the following rates:
29.3 	(1) application fee for physical therapists and physical therapist assistants, $100;
29.4 	(2) annual licensure for physical therapists and physical therapist assistants, $60;
29.5 	(3) licensure renewal late fee, $20;
29.6 	(4) temporary permit, $25;
29.7 	(5) duplicate license or registration, $20;
29.8 	(6) certification letter, $25;
29.9 	(7) education or training program approval, $100;
29.10 	(8) report creation and generation, $60 per hour billed in quarter-hour increments 
29.11 	with a quarter-hour minimum; and
29.12 	(9) examination administration:
29.13 	(i) half day, $50; and
29.14 	(ii) full day, $80.

29.15 	Sec. 37. Minnesota Statutes 2006, section 148B.50, subdivision 5, is amended to read:
29.16 		Subd. 5.Scope of practice. (a) The scope of practice of a licensed professional 
29.17 	counselor includes, but is not limited to:
29.18 	(1) the implementation of professional counseling treatment interventions including 
29.19 	evaluation, treatment planning, assessment, and referral;
29.20 	(2) direct counseling services to individuals, groups, and families;
29.21 	(3) counseling strategies that effectively respond to multicultural populations;
29.22 	(4) knowledge of relevant laws and ethics impacting practice;
29.23 	(5) crisis intervention;
29.24 	(6) consultation; and
29.25 	(7) program evaluation and applied research.
29.26 	(b) For the purposes of paragraph (a), clause (1), "professional counseling treatment 
29.27 	interventions" means the application of cognitive, affective, behavioral, systemic, and 
29.28 	community counseling strategies which include principles of human development, 
29.29 	wellness, and pathology. Counselors provide mental health services for clients whose 
29.30 	symptoms significantly interfere with daily functioning and would most likely not improve 
29.31 	in a reasonable time period without intervention.
29.32 	(c) Licensed professional counseling does not include activities or services 
29.33 	undertaken by persons listed in section 148B.592, or the performance of any act that 
29.34 	licensed professional counselors are not educated and trained to perform. 
30.1 	(d) In order to evaluate and treat mental illness, a licensed professional counselor 
30.2 	must complete the postgraduate training specified in section 245.462, subdivision 18, 
30.3 	clause (6), or 245.4871, subdivision 27, clause (6).

30.4 	Sec. 38. Minnesota Statutes 2006, section 148B.53, subdivision 1, is amended to read:
30.5 		Subdivision 1.General requirements. (a) To be licensed as a licensed professional 
30.6 	counselor (LPC), an applicant must provide evidence satisfactory to the board that the 
30.7 	applicant:
30.8 	(1) is at least 18 years of age;
30.9 	(2) is of good moral character;
30.10 	(3) has completed a master's or doctoral degree program in counseling or a related 
30.11 	field, as determined by the board based on the criteria in paragraph (b), that includes a 
30.12 	minimum of 48 semester hours or 72 quarter hours and a supervised field experience of 
30.13 	not fewer than 700 hours that is counseling in nature;
30.14 	(4) has submitted to the board a plan for supervision during the first 2,000 hours 
30.15 	of professional practice or has submitted proof of supervised professional practice that 
30.16 	is acceptable to the board; and
30.17 	(5) has demonstrated competence in professional counseling by passing the National 
30.18 	Counseling Exam (NCE) administered by the National Board for Certified Counselors, 
30.19 	Inc. (NBCC) or an equivalent national examination as determined by the board, and 
30.20 	ethical, oral, and situational examinations if prescribed by the board.
30.21 	(b) The degree described in paragraph (a), clause (3), must be from a counseling 
30.22 	program recognized by the Council for Accreditation of Counseling and Related Education 
30.23 	Programs (CACREP) or from an institution of higher education that is accredited by 
30.24 	a regional accrediting organization recognized by the Council for Higher Education 
30.25 	Accreditation (CHEA). Except as provided in paragraph (e), Specific academic course 
30.26 	content and training must include course workcourse work in each of the following 
30.27 	subject areas:
30.28 	(1) the helping relationship, including counseling theory and practice;
30.29 	(2) human growth and development;
30.30 	(3) lifestyle and career development;
30.31 	(4) group dynamics, processes, counseling, and consulting;
30.32 	(5) assessment and appraisal;
30.33 	(6) social and cultural foundations, including multicultural issues;
30.34 	(7) principles of etiology, treatment planning, and prevention of mental and 
30.35 	emotional disorders and dysfunctional behavior;
31.1 	(8) family counseling and therapy;
31.2 	(9) research and evaluation; and
31.3 	(10) professional counseling orientation and ethics.
31.4 	(c) To be licensed as a professional counselor, a psychological practitioner licensed 
31.5 	under section 148.908 need only show evidence of licensure under that section and is not 
31.6 	required to comply with paragraph (a), clauses (1) to (3) and (5), or paragraph (b).
31.7 	(d) To be licensed as a professional counselor, a Minnesota licensed psychologist 
31.8 	need only show evidence of licensure from the Minnesota Board of Psychology and is not 
31.9 	required to comply with paragraph (a) or (b).
31.10 	(e) If the degree described in paragraph (a), clause (3), is from a counseling program 
31.11 	recognized by the Council for Accreditation of Counseling and Related Education 
31.12 	Programs (CACREP), the applicant is deemed to have met the specific course work 
31.13 	requirements of paragraph (b).

31.14 	Sec. 39. Minnesota Statutes 2006, section 148B.53, subdivision 3, is amended to read:
31.15 		Subd. 3.Fee. Nonrefundable fees are as follows:
31.16 	(1) initial license application fee for licensed professional counseling (LPC) - $250
31.17 	$150;
31.18 	(2) initial license fee for LPC - $250;
31.19 	(3) annual active license renewal fee for LPC - $200 $250 or equivalent;
31.20 	(3)(4) annual inactive license renewal fee for LPC - $100 $125;
31.21 	(5) initial license application fee for licensed professional clinical counseling 
31.22 	(LPCC) - $150;
31.23 	(6) initial license fee for LPCC - $250;
31.24 	(7) annual active license renewal fee for LPCC - $250 or equivalent;
31.25 	(8) annual inactive license renewal fee for LPCC - $125;
31.26 	(4)(9)  license renewal late fee - $100 per month or portion thereof;
31.27 	(5)(10) copy of board order or stipulation - $10;
31.28 	(6)(11) certificate of good standing or license verification - $10 $25;
31.29 	(7)(12) duplicate certificate fee - $10 $25;
31.30 	(8)(13) professional firm renewal fee - $25;
31.31 	(9)(14) sponsor application for approval of a continuing education course - $60;
31.32 	(15) initial registration fee - $50; and
31.33 	(10)(16) annual registration renewal fee - $25; and
31.34 	(17) approved supervisor application processing fee - $30.

32.1 	Sec. 40. [148B.5301] REQUIREMENTS FOR LICENSURE AS A LICENSED 
32.2 	PROFESSIONAL CLINICAL COUNSELOR.
32.3 		Subdivision 1.General requirements. (a) To be licensed as a licensed professional 
32.4 	clinical counselor (LPCC), an applicant must provide satisfactory evidence to the board 
32.5 	that the applicant:
32.6 	(1) is at least 18 years of age;
32.7 	(2) is of good moral character;
32.8 	(3) has completed a masters or doctoral degree program in counseling or a 
32.9 	related field, as determined by the board based on the criteria in items (i) to (x), that 
32.10 	includes a minimum of 48 semester hours or 72 quarter hours and a supervised field 
32.11 	experience in counseling that is not fewer than 700 hours. The degree must be from 
32.12 	a counseling program recognized by the Council for Accreditation of Counseling and 
32.13 	Related Education Programs (CACREP) or from an institution of higher education that is 
32.14 	accredited by a regional accrediting organization recognized by the Council for Higher 
32.15 	Education Accreditation (CHEA). Specific academic course content and training must 
32.16 	include coursework in each of the following subject areas:
32.17 	(i) helping relationship, including counseling theory and practice;
32.18 	(ii) human growth and development;
32.19 	(iii) lifestyle and career development;
32.20 	(iv) group dynamics, processes, counseling, and consulting;
32.21 	(v) assessment and appraisal;
32.22 	(vi) social and cultural foundations, including multicultural issues;
32.23 	(vii) principles of etiology, treatment planning, and prevention of mental and 
32.24 	emotional disorders and dysfunctional behavior;
32.25 	(viii) family counseling and therapy;
32.26 	(ix) research and evaluation; and
32.27 	(x) professional counseling orientation and ethics;
32.28 	(4) has demonstrated competence in professional counseling by passing the National 
32.29 	Clinical Mental Health Counseling Examination (NCMHCE), administered by the 
32.30 	National Board for Certified Counselors, Inc. (NBCC) and ethical, oral, and situational 
32.31 	examinations as prescribed by the board. In lieu of the NCMHCE, applicants who have 
32.32 	taken and passed the National Counselor Examination (NCE) administered by the NBCC, 
32.33 	or another board-approved examination, need only take and pass the Examination of 
32.34 	Clinical Counseling Practice (ECCP) administered by the NBCC;
32.35 	(5) has earned graduate-level semester credits or quarter-credit equivalents in the 
32.36 	following clinical content areas as follows:
33.1 	(i) six credits in diagnostic assessment for child or adult mental disorders; normative 
33.2 	development; and psychopathology, including developmental psychopathology;
33.3 	(ii) three credits in clinical treatment planning, with measurable goals;
33.4 	(iii) six credits in clinical intervention methods informed by research evidence and 
33.5 	community standards of practice;
33.6 	(iv) three credits in evaluation methodologies regarding the effectiveness of 
33.7 	interventions;
33.8 	(v) three credits in professional ethics applied to clinical practice; and
33.9 	(vi) three credits in cultural diversity; and
33.10 	(6) has demonstrated successful completion of 4,000 hours of supervised, 
33.11 	postmasters degree professional practice in the delivery of clinical services in the 
33.12 	diagnosis and treatment of child and adult mental illnesses and disorders, conducted 
33.13 	according to subdivision 2.
33.14 	(b) If coursework in paragraph (a) was not completed as part of the degree program 
33.15 	required by paragraph (a), clause (3), the coursework must be taken and passed for credit, 
33.16 	and must be earned from a counseling program or institution that meets the requirements 
33.17 	of paragraph (a), clause (3).
33.18 		Subd. 2.Supervision. (a) To qualify as a LPCC, an applicant must have completed 
33.19 	4,000 hours of postmasters degree supervised professional practice in the delivery of 
33.20 	clinical services in the diagnosis and treatment of mental illnesses and disorders in 
33.21 	both children and adults. The supervised practice shall be conducted according to the 
33.22 	requirements in paragraphs (b) to (e).
33.23 	(b) The supervision must have been received under a contract that defines clinical 
33.24 	practice and supervision from a mental health professional as defined in section 245.462, 
33.25 	subdivision 18, clauses (1) to (6), or section 245.4871, subdivision 27, clauses (1) to (6), 
33.26 	or by a board-approved supervisor, who has at least two years of postlicensure experience 
33.27 	in the delivery of clinical services in the diagnosis and treatment of mental illnesses and 
33.28 	disorders.
33.29 	(c) The supervision must be obtained at the rate of two hours of supervision per 40 
33.30 	hours of professional practice. The supervision must be evenly distributed over the course 
33.31 	of the supervised professional practice. At least 75 percent of the required supervision 
33.32 	hours must be received in person. The remaining 25 percent of the required hours may be 
33.33 	received by telephone or by audio or audiovisual electronic device. At least 50 percent of 
33.34 	the required hours of supervision must be received on an individual basis. The remaining 
33.35 	50 percent may be received in a group setting.
34.1 	(d) The supervised practice must include at least 1,800 hours of clinical client 
34.2 	contact.
34.3 	(e) The supervised practice must be clinical practice. Supervision includes the 
34.4 	observation by the supervisor of the successful application of professional counseling 
34.5 	knowledge, skills, and values in the differential diagnosis and treatment of psychosocial 
34.6 	function, disability, or impairment, including addictions and emotional, mental, and 
34.7 	behavioral disorders.
34.8 		Subd. 3.Conversion from licensed professional counselor to licensed 
34.9 	professional clinical counselor. (a) Until August 1, 2011, an individual currently licensed 
34.10 	in the state of Minnesota as a licensed professional counselor may convert to a LPCC by 
34.11 	providing evidence satisfactory to the board that the applicant has met the following 
34.12 	requirements:
34.13 	(1) is at least 18 years of age;
34.14 	(2) is of good moral character;
34.15 	(3) has a license that is active and in good standing;
34.16 	(4) has no complaints pending, uncompleted disciplinary orders, or corrective 
34.17 	action agreements;
34.18 	(5) has completed a masters or doctoral degree program in counseling or a related 
34.19 	field, as determined by the board, and whose degree was from a counseling program 
34.20 	recognized by CACREP or from an institution of higher education that is accredited by a 
34.21 	regional accrediting organization recognized by CHEA;
34.22 	(6) has earned 24 graduate-level semester credits or quarter-credit equivalents in 
34.23 	clinical coursework which includes content in the following clinical areas:
34.24 	(i) diagnostic assessment for child and adult mental disorders; normative 
34.25 	development; and psychopathology, including developmental psychopathology;
34.26 	(ii) clinical treatment planning, with measurable goals;
34.27 	(iii) clinical intervention methods informed by research evidence and community 
34.28 	standards of practice;
34.29 	(iv) evaluation methodologies regarding the effectiveness of interventions;
34.30 	(v) professional ethics applied to clinical practice; and
34.31 	(vi) cultural diversity;
34.32 	(7) has demonstrated, to the satisfaction of the board, successful completion of 
34.33 	4,000 hours of supervised, postmasters degree professional practice in the delivery of 
34.34 	clinical services in the diagnosis and treatment of child and adult mental illnesses and 
34.35 	disorders; and
35.1 	(8) has paid the LPCC application and licensure fees required in section 148B.53, 
35.2 	subdivision 3.
35.3 	(b) If the coursework in paragraph (a) was not completed as part of the degree 
35.4 	program required by paragraph (a), clause (5), the coursework must be taken and passed 
35.5 	for credit, and must be earned from a counseling program or institution that meets the 
35.6 	requirements in paragraph (a), clause (5).
35.7 	(c) This subdivision expires August 1, 2011.
35.8 		Subd. 4.Conversion to licensed professional clinical counselor after August 1, 
35.9 	2011. An individual licensed in the state of Minnesota as a licensed professional counselor 
35.10 	may convert to a LPCC by providing evidence satisfactory to the board that the applicant 
35.11 	has met the requirements of subdivisions 1 and 2, subject to the following:
35.12 	(1) the individual's license must be active and in good standing;
35.13 	(2) the individual must not have any complaints pending, uncompleted disciplinary 
35.14 	orders, or corrective action agreements; and
35.15 	(3) the individual has paid the LPCC application and licensure fees required in 
35.16 	section 148B.53, subdivision 3.
35.17 		Subd. 5.Scope of practice. The scope of practice of a LPCC shall include all 
35.18 	those services provided by mental health professionals as defined in section 245.462, 
35.19 	subdivision 18, and section 245.4871, subdivision 27.
35.20 		Subd. 6.Jurisdiction. LPCC's are subject to the board's statutes and rules to the 
35.21 	same extent as licensed professional counselors.

35.22 	Sec. 41. [148B.532] DEGREES FROM FOREIGN INSTITUTIONS.
35.23 		Subdivision 1.Scope and documentation. In addition to meeting all other licensure 
35.24 	requirements, an applicant for licensure whose degree was received from a foreign degree 
35.25 	program that is not recognized by the Council for Accreditation of Counseling and Related 
35.26 	Education Programs (CACREP) or from a foreign institution of higher education that is 
35.27 	not accredited by a regional accrediting organization recognized by the Council for Higher 
35.28 	Education Accreditation (CHEA) must fulfill the requirements of this section, providing 
35.29 	certified English translations of board-required relevant documentation.
35.30 		Subd. 2.Education evaluation. An applicant for licensure as a licensed 
35.31 	professional counselor must present evidence of completion of a degree equivalent to 
35.32 	that required in section 148B.53, subdivision 1, paragraph (a), clause (3), and paragraph 
35.33 	(b). An applicant for licensure as licensed professional clinical counselor must present 
35.34 	evidence of completion of a degree equivalent to that required in section 148B.5301, 
35.35 	subdivision 1, paragraph (a), clause (3). This evidence must be evaluated by the board 
36.1 	with the assistance of a credentials evaluation service familiar with educational standards 
36.2 	and professional qualification. The evaluation must be sent directly to the board from 
36.3 	the evaluating agency. Agencies providing evaluation services must be accepted by the 
36.4 	National Board for Certified Counselors, Inc. The applicant shall be responsible for the 
36.5 	expenses incurred as a result of the evaluation.

36.6 	Sec. 42. Minnesota Statutes 2006, section 148B.555, is amended to read:
36.7 	148B.555 EXPERIENCED COUNSELOR TRANSITION.
36.8 	(a) An applicant for licensure who, prior to December 31, 2003, completed a master's 
36.9 	or doctoral degree program in counseling or a related field, as determined by the board, and 
36.10 	whose degree was from a counseling program recognized by the Council for Accreditation 
36.11 	of Counseling and Related Education Programs (CACREP) or from an institution of 
36.12 	higher education that is accredited by a regional accrediting organization recognized 
36.13 	by the Council for Higher Education Accreditation (CHEA), need not comply with the 
36.14 	requirements of section 148B.53, subdivision 1, paragraph (a), clause (3), or (b), so long as 
36.15 	the applicant can document five years of full-time postdegree work experience within the 
36.16 	practice of professional counseling as defined under section 148B.50, subdivisions 4 and 5.
36.17 	(b) This section expires July 1, 2007 2008.

36.18 	EFFECTIVE DATE. This section is effective the day following final enactment.

36.19 	Sec. 43. Minnesota Statutes 2006, section 148C.12, is amended by adding a 
36.20 	subdivision to read:
36.21 		Subd. 12.Sponsor application fee. The fee for sponsor application for approval 
36.22 	of a continuing education course is $60.

36.23 	Sec. 44. Minnesota Statutes 2006, section 148C.12, is amended by adding a 
36.24 	subdivision to read:
36.25 		Subd. 13.Order or stipulation fee. The fee for a copy of a board order or 
36.26 	stipulation is $10.

36.27 	Sec. 45. Minnesota Statutes 2006, section 148C.12, is amended by adding a 
36.28 	subdivision to read:
36.29 		Subd. 14.Duplicate certificate fee. The fee for a duplicate certificate is $25.

37.1 	Sec. 46. Minnesota Statutes 2006, section 148C.12, is amended by adding a 
37.2 	subdivision to read:
37.3 		Subd. 15.Supervisor application processing fee. The fee for licensure supervisor 
37.4 	application processing is $30.

37.5 	Sec. 47. Minnesota Statutes 2006, section 148D.050, subdivision 1, is amended to read:
37.6 		Subdivision 1.Requirements. The practice of social work A person licensed under 
37.7 	section 148D.055 or 148D.061 must comply with the requirements of subdivision 2, 
37.8 	3, 4, or 5.

37.9 	Sec. 48. Minnesota Statutes 2006, section 148D.055, subdivision 2, is amended to read:
37.10 		Subd. 2.Qualifications for licensure by examination as a licensed social worker.
 37.11 	(a) Except as provided in paragraph (i), To be licensed as a licensed social worker, an 
37.12 	applicant for licensure by examination must provide evidence satisfactory to the board 
37.13 	that the applicant:
37.14 	(1) has received a baccalaureate degree in social work from a program accredited by 
37.15 	the Council on Social Work Education, the Canadian Association of Schools of Social 
37.16 	Work, or a similar accreditation body designated by the board;
37.17 	(2) has passed the bachelors or equivalent examination administered by the 
37.18 	Association of Social Work Boards or a similar examination body designated by the board. 
37.19 	Unless an applicant applies for licensure by endorsement pursuant to subdivision 7, an 
37.20 	examination is not valid if it was taken and passed eight or more years prior to submitting 
37.21 	a completed, signed application form provided by the board. The examination may be 
37.22 	taken prior to completing degree requirements;
37.23 	(3) has submitted a completed, signed application form provided by the board, 
37.24 	including the applicable application fee specified in section 148D.180. For applications 
37.25 	submitted electronically, a "signed application" means providing an attestation as specified 
37.26 	by the board;
37.27 	(4) has submitted the criminal background check fee and a form provided by the 
37.28 	board authorizing a criminal background check pursuant to subdivision 8;
37.29 	(5) has paid the applicable license fee specified in section 148D.180; and
37.30 	(6) has not engaged in conduct that was or would be in violation of the standards 
37.31 	of practice specified in sections 148D.195 to 148D.240. If the applicant has engaged in 
37.32 	conduct that was or would be in violation of the standards of practice, the board may take 
37.33 	action pursuant to sections 148D.255 to 148D.270.
38.1 	(b) An application that is not completed and signed, or that is not accompanied by the 
38.2 	correct fee, must be returned to the applicant, along with any fee submitted, and is void.
38.3 	(c) A licensee granted a license by the board pursuant to paragraph (a) must meet 
38.4 	the supervised practice requirements specified in sections 148D.100 to 148D.125. If a 
38.5 	licensee does not meet the supervised practice requirements, the board may take action 
38.6 	pursuant to sections 148D.255 to 148D.270.
38.7 	(d) By submitting an application for licensure, an applicant authorizes the board to 
38.8 	investigate any information provided or requested in the application. The board may 
38.9 	request that the applicant provide additional information, verification, or documentation.
38.10 	(e) Within one year of the time the board receives an application for licensure, the 
38.11 	applicant must meet all the requirements specified in paragraph (a) and must provide all of 
38.12 	the information requested by the board pursuant to paragraph (d). If within one year the 
38.13 	applicant does not meet all the requirements, or does not provide all of the information 
38.14 	requested, the applicant is considered ineligible and the application for licensure must 
38.15 	be closed.
38.16 	(f) Except as provided in paragraph (g), an applicant may not take more than three 
38.17 	times the bachelors or equivalent examination administered by the Association of Social 
38.18 	Work Boards, or a similar examination body designated by the board. An applicant must 
38.19 	receive a passing score on the bachelors or equivalent examination administered by the 
38.20 	Association of Social Work Boards or a similar examination body designated by the board 
38.21 	in no more than 18 months after the date the applicant first failed the examination.
38.22 	(g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a 
38.23 	fourth or subsequent time, the bachelors or equivalent examination administered by the 
38.24 	Association of Social Work Boards or a similar examination body designated by the 
38.25 	board if the applicant:
38.26 	(1) meets all requirements specified in paragraphs (a) to (e) other than passing the 
38.27 	bachelors or equivalent examination administered by the Association of Social Work 
38.28 	Boards or a similar examination body designated by the board;
38.29 	(2) provides to the board a description of the efforts the applicant has made to 
38.30 	improve the applicant's score and demonstrates to the board's satisfaction that the efforts 
38.31 	are likely to improve the score; and
38.32 	(3) provides to the board letters of recommendation from two licensed social workers 
38.33 	attesting to the applicant's ability to practice social work competently and ethically in 
38.34 	accordance with professional social work knowledge, skills, and values.
38.35 	(h) An individual must not practice social work until the individual passes the 
38.36 	examination and receives a social work license under this section or section 148D.060. If 
39.1 	the board has reason to believe that an applicant may be practicing social work without a 
39.2 	license, and the applicant has failed the bachelors or equivalent examination administered 
39.3 	by the Association of Social Work Boards or a similar examination body designated by 
39.4 	the board, the board may notify the applicant's employer that the applicant is not licensed 
39.5 	as a social worker.
39.6 	(i) An applicant who was born in a foreign country, who has taken and failed to 
39.7 	pass the examination specified in paragraph (a), clause (2), at least once since January 
39.8 	1, 2000, and for whom English is a second language, is eligible for licensure as a social 
39.9 	worker if the applicant:
39.10 	(1) provides evidence to the board of compliance with the requirements in paragraph 
39.11 	(a), clauses (1) and (3) to (6), and in paragraphs (b) to (e) and (h); and
39.12 	(2) provides to the board letters of recommendation and experience ratings from two 
39.13 	licensed social workers and one professor from the applicant's social work program who 
39.14 	can attest to the applicant's competence.
39.15 	This paragraph expires August 1, 2007.

39.16 	Sec. 49. Minnesota Statutes 2006, section 148D.055, subdivision 3, is amended to read:
39.17 		Subd. 3.Qualifications for licensure by examination as licensed graduate 
39.18 	social worker. (a) Except as provided in paragraph (i), To be licensed as a licensed 
39.19 	graduate social worker, an applicant for licensure by examination must provide evidence 
39.20 	satisfactory to the board that the applicant:
39.21 	(1) has received a graduate degree in social work from a program accredited by the 
39.22 	Council on Social Work Education, the Canadian Association of Schools of Social Work, 
39.23 	or a similar accreditation body designated by the board;
39.24 	(2) has passed the masters or equivalent examination administered by the Association 
39.25 	of Social Work Boards or a similar examination body designated by the board. Unless an 
39.26 	applicant applies for licensure by endorsement pursuant to section 148D.055, subdivision 
39.27 	7, an examination is not valid if it was taken and passed eight or more years prior to 
39.28 	submitting a completed, signed application form provided by the board. The examination 
39.29 	may be taken prior to completing degree requirements;
39.30 	(3) has submitted a completed, signed application form provided by the board, 
39.31 	including the applicable application fee specified in section 148D.180. For applications 
39.32 	submitted electronically, a "signed application" means providing an attestation as specified 
39.33 	by the board;
39.34 	(4) has submitted the criminal background check fee and a form provided by the 
39.35 	board authorizing a criminal background check pursuant to subdivision 8;
40.1 	(5) has paid the applicable license fee specified in section 148D.180; and
40.2 	(6) has not engaged in conduct that was or would be in violation of the standards 
40.3 	of practice specified in sections 148D.195 to 148D.240. If the applicant has engaged in 
40.4 	conduct that was or would be in violation of the standards of practice, the board may take 
40.5 	action pursuant to sections 148D.255 to 148D.270.
40.6 	(b) An application which is not completed and signed, or which is not accompanied 
40.7 	by the correct fee, must be returned to the applicant, along with any fee submitted, and is 
40.8 	void.
40.9 	(c) A licensee granted a license by the board pursuant to paragraph (a) must meet 
40.10 	the supervised practice requirements specified in sections 148D.100 to 148D.125. If a 
40.11 	licensee does not meet the supervised practice requirements, the board may take action 
40.12 	pursuant to sections 148D.255 to 148D.270.
40.13 	(d) By submitting an application for licensure, an applicant authorizes the board to 
40.14 	investigate any information provided or requested in the application. The board may 
40.15 	request that the applicant provide additional information, verification, or documentation.
40.16 	(e) Within one year of the time the board receives an application for licensure, the 
40.17 	applicant must meet all the requirements specified in paragraph (a) and must provide all of 
40.18 	the information requested by the board pursuant to paragraph (d). If within one year the 
40.19 	applicant does not meet all the requirements, or does not provide all of the information 
40.20 	requested, the applicant is considered ineligible and the application for licensure must 
40.21 	be closed.
40.22 	(f) Except as provided in paragraph (g), an applicant may not take more than three 
40.23 	times the masters or equivalent examination administered by the Association of Social 
40.24 	Work Boards or a similar examination body designated by the board. An applicant must 
40.25 	receive a passing score on the masters or equivalent examination administered by the 
40.26 	Association of Social Work Boards or a similar examination body designated by the board 
40.27 	in no more than 18 months after the date the applicant first failed the examination.
40.28 	(g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a 
40.29 	fourth or subsequent time, the masters or equivalent examination administered by the 
40.30 	Association of Social Work Boards or a similar examination body designated by the 
40.31 	board if the applicant:
40.32 	(1) meets all requirements specified in paragraphs (a) to (e) other than passing the 
40.33 	masters or equivalent examination administered by the Association of Social Work boards 
40.34 	or a similar examination body designated by the board;
41.1 	(2) provides to the board a description of the efforts the applicant has made to 
41.2 	improve the applicant's score and demonstrates to the board's satisfaction that the efforts 
41.3 	are likely to improve the score; and
41.4 	(3) provides to the board letters of recommendation from two licensed social workers 
41.5 	attesting to the applicant's ability to practice social work competently and ethically in 
41.6 	accordance with professional social work knowledge, skills, and values.
41.7 	(h) An individual must not practice social work until the individual passes the 
41.8 	examination and receives a social work license under this section or section 148D.060. If 
41.9 	the board has reason to believe that an applicant may be practicing social work without a 
41.10 	license, and the applicant has failed the masters or equivalent examination administered 
41.11 	by the Association of Social Work Boards or a similar examination body designated by 
41.12 	the board, the board may notify the applicant's employer that the applicant is not licensed 
41.13 	as a social worker.
41.14 	(i) An applicant who was born in a foreign country, who has taken and failed to 
41.15 	pass the examination specified in paragraph (a), clause (2), at least once since January 
41.16 	1, 2000, and for whom English is a second language, is eligible for licensure as a social 
41.17 	worker if the applicant:
41.18 	(1) provides evidence to the board of compliance with the requirements in paragraph 
41.19 	(a), clauses (1) and (3) to (6), and in paragraphs (b) to (e) and (h); and
41.20 	(2) provides to the board letters of recommendation and experience ratings from two 
41.21 	licensed social workers and one professor from the applicant's social work program who 
41.22 	can attest to the applicant's competence.
41.23 	This paragraph expires August 1, 2007.

41.24 	Sec. 50. Minnesota Statutes 2006, section 148D.055, subdivision 4, is amended to read:
41.25 		Subd. 4.Licensure by examination; licensed independent social worker. (a) 
41.26 	Except as provided in paragraph (i), To be licensed as a licensed independent social 
41.27 	worker, an applicant for licensure by examination must provide evidence satisfactory 
41.28 	to the board that the applicant:
41.29 	(1) has received a graduate degree in social work from a program accredited by the 
41.30 	Council on Social Work Education, the Canadian Association of Schools of Social Work, 
41.31 	or a similar accreditation body designated by the board;
41.32 	(2) has practiced social work as defined in section 148D.010, and has met the 
41.33 	supervised practice requirements specified in sections 148D.100 to 148D.125;
41.34 	(3) has passed the advanced generalist or equivalent examination administered by 
41.35 	the Association of Social Work Boards or a similar examination body designated by the 
42.1 	board. Unless an applicant applies for licensure by endorsement pursuant to subdivision 
42.2 	7, an examination is not valid if it was taken and passed eight or more years prior to 
42.3 	submitting a completed, signed application form provided by the board;
42.4 	(4) has submitted a completed, signed application form provided by the board, 
42.5 	including the applicable application fee specified in section 148D.180. For applications 
42.6 	submitted electronically, a "signed application" means providing an attestation as specified 
42.7 	by the board;
42.8 	(5) has submitted the criminal background check fee and a form provided by the 
42.9 	board authorizing a criminal background check pursuant to subdivision 8;
42.10 	(6) has paid the applicable license fee specified in section 148D.180; and
42.11 	(7) has not engaged in conduct that was or would be in violation of the standards 
42.12 	of practice specified in sections 148D.195 to 148D.240. If the applicant has engaged in 
42.13 	conduct that was or would be in violation of the standards of practice, the board may take 
42.14 	action pursuant to sections 148D.255 to 148D.270.
42.15 	(b) An application which is not completed and signed, or which is not accompanied 
42.16 	by the correct fee, must be returned to the applicant, along with any fee submitted, and is 
42.17 	void.
42.18 	(c) A licensed independent social worker who practices clinical social work must 
42.19 	meet the supervised practice requirements specified in sections 148D.100 to 148D.125. If 
42.20 	a licensee does not meet the supervised practice requirements, the board may take action 
42.21 	pursuant to sections 148D.255 to 148D.270.
42.22 	(d) By submitting an application for licensure, an applicant authorizes the board to 
42.23 	investigate any information provided or requested in the application. The board may 
42.24 	request that the applicant provide additional information, verification, or documentation.
42.25 	(e) Within one year of the time the board receives an application for licensure, the 
42.26 	applicant must meet all the requirements specified in paragraph (a) and must provide all of 
42.27 	the information requested by the board pursuant to paragraph (d). If within one year the 
42.28 	applicant does not meet all the requirements, or does not provide all of the information 
42.29 	requested, the applicant is considered ineligible and the application for licensure must 
42.30 	be closed.
42.31 	(f) Except as provided in paragraph (g), an applicant may not take more than 
42.32 	three times the advanced generalist or equivalent examination administered by the 
42.33 	Association of Social Work Boards or a similar examination body designated by the 
42.34 	board. An applicant must receive a passing score on the masters or equivalent examination 
42.35 	administered by the Association of Social Work Boards or a similar examination body 
43.1 	designated by the board in no more than 18 months after the first time the applicant failed 
43.2 	the examination.
43.3 	(g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a 
43.4 	fourth or subsequent time, the advanced generalist or equivalent examination administered 
43.5 	by the Association of Social Work Boards or a similar examination body designated by 
43.6 	the board if the applicant:
43.7 	(1) meets all requirements specified in paragraphs (a) to (e) other than passing the 
43.8 	advanced generalist or equivalent examination administered by the Association of Social 
43.9 	Work Boards or a similar examination body designated by the board;
43.10 	(2) provides to the board a description of the efforts the applicant has made to 
43.11 	improve the applicant's score and demonstrates to the board's satisfaction that the efforts 
43.12 	are likely to improve the score; and
43.13 	(3) provides to the board letters of recommendation from two licensed social workers 
43.14 	attesting to the applicant's ability to practice social work competently and ethically in 
43.15 	accordance with professional social work knowledge, skills, and values.
43.16 	(h) An individual must not practice social work until the individual passes the 
43.17 	examination and receives a social work license under this section or section 148D.060. If 
43.18 	the board has reason to believe that an applicant may be practicing social work without a 
43.19 	license, except as provided in section 148D.065, and the applicant has failed the advanced 
43.20 	generalist or equivalent examination administered by the Association of Social Work 
43.21 	Boards or a similar examination body designated by the board, the board may notify the 
43.22 	applicant's employer that the applicant is not licensed as a social worker.
43.23 	(i) An applicant who was born in a foreign country, who has taken and failed to 
43.24 	pass the examination specified in paragraph (a), clause (3), at least once since January 
43.25 	1, 2000, and for whom English is a second language, is eligible for licensure as a social 
43.26 	worker if the applicant:
43.27 	(1) provides evidence to the board of compliance with the requirements in paragraph 
43.28 	(a), clauses (1), (2), and (4) to (7), and in paragraphs (b) to (e) and (h); and
43.29 	(2) provides to the board letters of recommendation and experience ratings from two 
43.30 	licensed social workers and one professor from the applicant's social work program who 
43.31 	can attest to the applicant's competence.
43.32 	This paragraph expires August 1, 2007.

43.33 	Sec. 51. Minnesota Statutes 2006, section 148D.055, subdivision 5, is amended to read:
43.34 		Subd. 5.Licensure by examination; licensed independent clinical social worker.
 43.35 	(a) Except as provided in paragraph (h), To be licensed as a licensed independent 
44.1 	clinical social worker, an applicant for licensure by examination must provide evidence 
44.2 	satisfactory to the board that the applicant:
44.3 	(1) has received a graduate degree in social work from a program accredited by the 
44.4 	Council on Social Work Education, the Canadian Association of Schools of Social Work, 
44.5 	or a similar accreditation body designated by the board;
44.6 	(2) has practiced clinical social work as defined in section 148D.010, including both 
44.7 	diagnosis and treatment, and has met the supervised practice requirements specified in 
44.8 	sections 148D.100 to 148D.125;
44.9 	(3) has passed the clinical or equivalent examination administered by the Association 
44.10 	of Social Work Boards or a similar examination body designated by the board. Unless an 
44.11 	applicant applies for licensure by endorsement pursuant to subdivision 7, an examination 
44.12 	is not valid if it was taken and passed eight or more years prior to submitting a completed, 
44.13 	signed application form provided by the board;
44.14 	(4) has submitted a completed, signed application form provided by the board, 
44.15 	including the applicable application fee specified in section 148D.180. For applications 
44.16 	submitted electronically, a "signed application" means providing an attestation as specified 
44.17 	by the board;
44.18 	(5) has submitted the criminal background check fee and a form provided by the 
44.19 	board authorizing a criminal background check pursuant to subdivision 8;
44.20 	(6) has paid the license fee specified in section 148D.180; and
44.21 	(7) has not engaged in conduct that was or would be in violation of the standards 
44.22 	of practice specified in sections 148D.195 to 148D.240. If the applicant has engaged in 
44.23 	conduct that was or would be in violation of the standards of practice, the board may take 
44.24 	action pursuant to sections 148D.255 to 148D.270.
44.25 	(b) An application which is not completed and signed, or which is not accompanied 
44.26 	by the correct fee, must be returned to the applicant, along with any fee submitted, and is 
44.27 	void.
44.28 	(c) By submitting an application for licensure, an applicant authorizes the board to 
44.29 	investigate any information provided or requested in the application. The board may 
44.30 	request that the applicant provide additional information, verification, or documentation.
44.31 	(d) Within one year of the time the board receives an application for licensure, the 
44.32 	applicant must meet all the requirements specified in paragraph (a) and must provide all of 
44.33 	the information requested by the board pursuant to paragraph (c). If within one year the 
44.34 	applicant does not meet all the requirements, or does not provide all of the information 
44.35 	requested, the applicant is considered ineligible and the application for licensure must 
44.36 	be closed.
45.1 	(e) Except as provided in paragraph (f), an applicant may not take more than three 
45.2 	times the clinical or equivalent examination administered by the Association of Social 
45.3 	Work Boards or a similar examination body designated by the board. An applicant must 
45.4 	receive a passing score on the clinical or equivalent examination administered by the 
45.5 	Association of Social Work Boards or a similar examination body designated by the board 
45.6 	no later than 18 months after the first time the applicant failed the examination.
45.7 	(f) Notwithstanding paragraph (e), the board may allow an applicant to take, for a 
45.8 	fourth or subsequent time, the clinical or equivalent examination administered by the 
45.9 	Association of Social Work Boards or a similar examination body designated by the 
45.10 	board if the applicant:
45.11 	(1) meets all requirements specified in paragraphs (a) to (d) other than passing the 
45.12 	clinical or equivalent examination administered by the Association of Social Work Boards 
45.13 	or a similar examination body designated by the board;
45.14 	(2) provides to the board a description of the efforts the applicant has made to 
45.15 	improve the applicant's score and demonstrates to the board's satisfaction that the efforts 
45.16 	are likely to improve the score; and
45.17 	(3) provides to the board letters of recommendation from two licensed social workers 
45.18 	attesting to the applicant's ability to practice social work competently and ethically in 
45.19 	accordance with professional social work knowledge, skills, and values.
45.20 	(g) An individual must not practice social work until the individual passes the 
45.21 	examination and receives a social work license under this section or section 148D.060. If 
45.22 	the board has reason to believe that an applicant may be practicing social work without a 
45.23 	license, and the applicant has failed the clinical or equivalent examination administered 
45.24 	by the Association of Social Work Boards or a similar examination body designated by 
45.25 	the board, the board may notify the applicant's employer that the applicant is not licensed 
45.26 	as a social worker.
45.27 	(h) An applicant who was born in a foreign country, who has taken and failed to 
45.28 	pass the examination specified in paragraph (a), clause (3), at least once since January 
45.29 	1, 2000, and for whom English is a second language, is eligible for licensure as a social 
45.30 	worker if the applicant:
45.31 	(1) provides evidence to the board of compliance with the requirements in paragraph 
45.32 	(a), clauses (1), (2), and (4) to (7), and paragraphs (b) to (d) and (g); and
45.33 	(2) provides to the board letters of recommendation and experience ratings from two 
45.34 	licensed social workers and one professor from the applicant's social work program who 
45.35 	can attest to the applicant's competence.
45.36 	This paragraph expires August 1, 2007.

46.1 	Sec. 52. Minnesota Statutes 2006, section 148D.055, is amended by adding a 
46.2 	subdivision to read:
46.3 		Subd. 7a.Provisional licensure. An applicant for provisional licensure must meet 
46.4 	the license requirements in subdivisions 2 to 8, except the applicant does not have to 
46.5 	pass an examination administered by the Association of Social Work Boards or a similar 
46.6 	examination body designated by the board.

46.7 	Sec. 53. Minnesota Statutes 2006, section 148D.060, is amended by adding a 
46.8 	subdivision to read:
46.9 		Subd. 2a.Programs in candidacy status. The board may issue a temporary 
46.10 	license to practice social work to an applicant who has completed the requirements for a 
46.11 	baccalaureate or graduate degree in social work from a program in candidacy status with 
46.12 	the Council on Social Work Education, the Canadian Association of Schools of Social 
46.13 	Work, or a similar accreditation body designated by the board, and has:
46.14 	(1) applied for a license under section 148D.055;
46.15 	(2) applied for a temporary license on a form provided by the board;
46.16 	(3) submitted a form provided by the board authorizing the board to complete a 
46.17 	criminal background check;
46.18 	(4) passed the applicable licensure examination provided for in section 148D.055; 
46.19 	and 
46.20 	(5) not engaged in conduct that is in violation of the standards of practice specified 
46.21 	in sections 148D.195 to 148D.240. If the applicant has engaged in conduct that is in 
46.22 	violation of the standards of practice, the board may take action according to sections 
46.23 	148D.255 to 148D.270.

46.24 	Sec. 54. Minnesota Statutes 2006, section 148D.060, subdivision 5, is amended to read:
46.25 		Subd. 5.Temporary license term. (a) A temporary license is valid until expiration, 
46.26 	or until the board issues or denies the license pursuant to section 148D.055, or until the 
46.27 	board revokes the temporary license, whichever comes first. A temporary license is 
46.28 	nonrenewable.
46.29 	(b) A temporary license issued pursuant to subdivision 1 or 2 expires after six 
46.30 	months.
46.31 	(c) A temporary license issued pursuant to subdivision 2a expires after 12 months 
46.32 	but may be extended at the board's discretion upon a showing that the social work program 
46.33 	remains in good standing with the Council on Social Work Education, the Canadian 
46.34 	Association of Schools of Social Work, or a similar accreditation body designated by 
47.1 	the board. If the board receives notice from the Council on Social Work Education, 
47.2 	the Canadian Association of Schools of Social Work, or a similar accreditation body 
47.3 	designated by the board that the social work program is not in good standing, or that 
47.4 	the accreditation will not be granted to the social work program, the temporary license 
47.5 	is immediately revoked.
47.6 	(c)(d) A temporary license issued pursuant to subdivision 32a expires after 12 
47.7 	months.

47.8 	Sec. 55. Minnesota Statutes 2006, section 148D.060, subdivision 6, is amended to read:
47.9 		Subd. 6.Licensee with temporary license; baccalaureate degree. A licensee 
47.10 	with a temporary license who has provided evidence to the board that the licensee has 
47.11 	completed the requirements for a baccalaureate degree in social work from a program 
47.12 	accredited by, or in candidacy status with, the Council on Social Work Education, 
47.13 	the Canadian Association of Schools of Social Work, or a similar accreditation body 
47.14 	designated by the board may temporarily engage in social work practice except that a 
47.15 	licensee with a temporary license may not engage in clinical social work practice.

47.16 	Sec. 56. Minnesota Statutes 2006, section 148D.060, subdivision 7, is amended to read:
47.17 		Subd. 7.Licensee with temporary license; graduate degree. A licensee with a 
47.18 	temporary license who has provided evidence to the board that the licensee has completed 
47.19 	the requirements for a graduate degree in social work from a program accredited by, or in 
47.20 	candidacy status with, the Council on Social Work Education, the Canadian Association 
47.21 	of Schools of Social Work, or a similar accreditation body designated by the board may 
47.22 	temporarily engage in social work practice, including clinical practice.

47.23 	Sec. 57. Minnesota Statutes 2006, section 148D.060, subdivision 13, is amended to 
47.24 	read:
47.25 		Subd. 13.Revocation of temporary license. The board may immediately revoke 
47.26 	the temporary license of any licensee who violates any requirements of this section. The 
47.27 	revocation must be made for cause, without notice or opportunity to be heard. A licensee 
47.28 	whose temporary license is revoked must immediately return the temporary license to 
47.29 	the board.

47.30 	Sec. 58. [148D.061] PROVISIONAL LICENSES.
47.31 		Subdivision 1.Requirements for a provisional license. An applicant may be 
47.32 	issued a provisional license if the applicant:
48.1 	(1) was born in a foreign country;
48.2 	(2) communicates in English as a second language;
48.3 	(3) has taken the applicable examination administered by the Association of Social 
48.4 	Work Boards or similar examination body designated by the board;
48.5 	(4) has met the requirements of section 148D.055, subdivision 2, paragraph (a), 
48.6 	clauses (1), (3), (4), (5), and (6); or subdivision 3, paragraph (a), clauses (1), (3), (4), 
48.7 	(5), and (6); or subdivision 4, paragraph (a), clauses (1), (2), (4), (5), (6), and (7); or 
48.8 	subdivision 5, paragraph (a), clauses (1), (2), (4), (5), (6), and (7); and 
48.9 	(5) complies with the requirements of subdivisions 2 to 7.
48.10 		Subd. 2.License term. (a) A provisional license is valid until expiration, or until 
48.11 	the board issues or denies a license under section 148D.055, or until the board revokes the 
48.12 	provisional license, whichever occurs first.
48.13 	(b) A provisional license expires three years after the effective date of the license.
48.14 		Subd. 3.Scope of practice. A licensee who is issued a provisional license must 
48.15 	comply with the requirements of section 148D.050.
48.16 		Subd. 4.Fee. A licensee who is issued a provisional license must pay the 
48.17 	appropriate license fee specified in section 148D.180.
48.18 		Subd. 5.Supervised practice requirements. A licensee who is issued a provisional 
48.19 	license must document supervised practice as provided in section 148D.062. If a licensee 
48.20 	issued a provisional license is granted a license under section 148D.055, the licensee 
48.21 	must also meet the supervised practice requirements in sections 148D.100 to 148D.115. 
48.22 	The supervised practice completed under a provisional license does not apply to this 
48.23 	requirement.
48.24 		Subd. 6.Evaluation by supervisor. (a) After being issued a provisional license 
48.25 	under subdivision 1, the licensee must submit an evaluation by the licensee's supervisor 
48.26 	every six months during the first 2,000 hours of social work practice. The evaluation must 
48.27 	meet the requirements in section 148D.063. The supervisor must meet the eligibility 
48.28 	requirements specified in section 148D.062.
48.29 	(b) After completion of 2,000 hours of supervised social work practice, the licensee's 
48.30 	supervisor must submit a final evaluation and attest to the applicant's ability to engage in 
48.31 	the practice of social work safely and competently.
48.32 		Subd. 7.Completion of requirements. Upon completion of the requirements for 
48.33 	a provisional license under subdivisions 1 to 6, an applicant shall not practice social 
48.34 	work in Minnesota except as provided in section 148D.065, unless licensed according to 
48.35 	section 148D.055.
49.1 		Subd. 8.Disciplinary or other action. The board may take action according to 
49.2 	sections 148D.260 to 148D.270 if:
49.3 	(1) the licensee's supervisor does not submit an evaluation as required by section 
49.4 	148D.062;
49.5 	(2) an evaluation submitted according to section 148D.062 indicates that the licensee 
49.6 	cannot practice social work competently and safely; or
49.7 	(3) the licensee does not comply with the requirements of subdivisions 1 to 7.
49.8 		Subd. 9.Revocation of provisional license. The board may immediately revoke 
49.9 	the provisional license of a licensee who violates any requirements of this section. The 
49.10 	revocation must be made for cause. A licensee whose provisional license is revoked must 
49.11 	immediately return the provisional license to the board.

49.12 	Sec. 59. [148D.062] PROVISIONAL LICENSE; SUPERVISED PRACTICE.
49.13 		Subdivision 1.Supervision required after licensure. After receiving a provisional 
49.14 	license from the board, the licensee must obtain at least 37.5 hours of supervision 
49.15 	according to the requirements of this section.
49.16 		Subd. 2.Practice requirements. The supervision required by subdivision 1 must 
49.17 	be obtained during the first 2,000 hours of social work practice after the effective date 
49.18 	of the provisional license. At least three hours of supervision must be obtained during 
49.19 	every 160 hours of practice.
49.20 		Subd. 3.Types of supervision. (a) Twenty-five hours of supervision required by 
49.21 	subdivision 1 must consist of one-on-one in-person supervision.
49.22 	(b) Twelve and one-half hours of supervision must consist of one or more of the 
49.23 	following types of supervision:
49.24 	(1) in-person one-on-one supervision; or
49.25 	(2) in-person group supervision.
49.26 	(c) To qualify as in-person group supervision, the group must not exceed seven 
49.27 	members including the supervisor.
49.28 		Subd. 4.Supervisor requirements. (a) The supervision required by subdivision 
49.29 	1 must be provided by a supervisor who meets the requirements in section 148D.120 
49.30 	and has either:
49.31 	(1) 5,000 hours experience engaged in authorized social work practice; or
49.32 	(2) completed 30 hours of training in supervision, which may be satisfied by 
49.33 	completing academic coursework in supervision or continuing education courses in 
49.34 	supervision as defined in section 148D.010, subdivision 16.
49.35 	(b) Supervision must be provided:
50.1 	(1) if the supervisee is not engaged in clinical practice and the supervisee has a 
50.2 	provisional license to practice as a licensed social worker, by a licenced social worker 
50.3 	who has completed the supervised practice requirements;
50.4 	(2) if the supervisee is not engaged in clinical practice and the supervisee has a 
50.5 	provisional license to practice as a licensed graduate social worker, licensed independent 
50.6 	social worker, or licensed independent clinical social worker, by:
50.7 	(i) a licensed graduate social worker who has completed the supervised practice 
50.8 	requirements;
50.9 	(ii) a licensed independent social worker; or
50.10 	(iii) a licensed independent clinical social worker;
50.11 	(3) if the supervisee is engaged in clinical practice and the supervisee has a 
50.12 	provisional license to practice as a licensed graduate social worker, licensed independent 
50.13 	social worker, or licensed independent clinical social worker, by a licensed independent 
50.14 	clinical social worker; or
50.15 	(4) by a supervisor who meets the requirements in section 148D.120, subdivision 2.
50.16 		Subd. 5.Expiration. This section expires August 1, 2011.

50.17 	Sec. 60. [148D.063] PROVISIONAL LICENSE; DOCUMENTATION OF 
50.18 	SUPERVISION.
50.19 		Subdivision 1.Supervision plan. (a) An applicant granted a provisional license 
50.20 	must submit, on a form provided by the board, a supervision plan for meeting the 
50.21 	supervision requirements in section 148D.062.
50.22 	(b) The supervision plan must be submitted no later than 30 days after the licensee 
50.23 	begins a social work practice position.
50.24 	(c) The board may revoke a licensee's provisional license for failure to submit the 
50.25 	supervision plan within 30 days after beginning a social work practice position.
50.26 	(d) The supervision plan must include the following:
50.27 	(1) the name of the supervisee, the name of the agency in which the supervisee is 
50.28 	being supervised, and the supervisee's position title;
50.29 	(2) the name and qualifications of the person providing the supervision;
50.30 	(3) the number of hours of one-on-one in-person supervision and the number and 
50.31 	type of additional hours of supervision to be completed by the supervisee;
50.32 	(4) the supervisee's position description;
50.33 	(5) a brief description of the supervision the supervisee will receive in the following 
50.34 	content areas:
50.35 	(i) clinical practice, if applicable;
51.1 	(ii) development of professional social work knowledge, skills, and values;
51.2 	(iii) practice methods;
51.3 	(iv) authorized scope of practice;
51.4 	(v) ensuring continuing competence; and
51.5 	(vi) ethical standards of practice; and
51.6 	(6) if applicable, a detailed description of the supervisee's clinical social work 
51.7 	practice, addressing:
51.8 	(i) the client population, the range of presenting issues, and the diagnoses;
51.9 	(ii) the clinical modalities that were utilized; and
51.10 	(iii) the process utilized for determining clinical diagnoses, including the diagnostic 
51.11 	instruments used and the role of the supervisee in the diagnostic process.
51.12 	(e) The board must receive a revised supervision plan within 30 days of any of the 
51.13 	following changes:
51.14 	(1) the supervisee has a new supervisor;
51.15 	(2) the supervisee begins a new social work position;
51.16 	(3) the scope or content of the supervisee's social work practice changes substantially;
51.17 	(4) the number of practice or supervision hours changes substantially; or
51.18 	(5) the type of supervision changes as supervision is described in section 148D.062.
51.19 	(f) The board may revoke a licensee's provisional license for failure to submit a 
51.20 	revised supervision plan as required in paragraph (e).
51.21 	(g) The board must approve the supervisor and the supervision plan.
51.22 		Subd. 2.Evaluation. (a) When a supervisee submits an evaluation to the board 
51.23 	according to section 148D.061, subdivision 6, the supervisee and supervisor must provide 
51.24 	the following information on a form provided by the board:
51.25 	(1) the name of the supervisee, the name of the agency in which the supervisee is 
51.26 	being supervised, and the supervisee's position title;
51.27 	(2) the name and qualifications of the supervisor;
51.28 	(3) the number of hours and dates of each type of supervision completed;
51.29 	(4) the supervisee's position description;
51.30 	(5) a declaration that the supervisee has not engaged in conduct in violation of the 
51.31 	standards of practice in sections 148D.195 to 148D.240;
51.32 	(6) a declaration that the supervisee has practiced competently and ethically 
51.33 	according to professional social work knowledge, skills, and values; and
51.34 	(7) on a form provided by the board, an evaluation of the licensee's practice in 
51.35 	the following areas:
51.36 	(i) development of professional social work knowledge, skills, and values;
52.1 	(ii) practice methods;
52.2 	(iii) authorized scope of practice;
52.3 	(iv) ensuring continuing competence;
52.4 	(v) ethical standards of practice; and
52.5 	(vi) clinical practice, if applicable.
52.6 	(b) The information provided on the evaluation form must demonstrate that the 
52.7 	supervisee has met or has made progress on meeting the applicable supervised practice 
52.8 	requirements.
52.9 		Subd. 3.Alternative verification of supervised practice. Notwithstanding the 
52.10 	requirements of subdivision 2, the board may accept alternative verification of supervised 
52.11 	practice if a supervisee demonstrates that the supervisee is unable to locate a former 
52.12 	supervisor to provide the required information.

52.13 	Sec. 61. Minnesota Statutes 2006, section 148D.120, subdivision 2, is amended to read:
52.14 		Subd. 2.Alternate supervisors. (a) The board may approve an alternate supervisor 
52.15 	if:
52.16 	(1) the board determines that supervision is not obtainable pursuant to paragraph (b);
52.17 	(2) the licensee requests in the supervision plan submitted pursuant to section 
52.18 	148D.062, subdivision 1, or 148D.125, subdivision 1, that an alternate supervisor conduct 
52.19 	the supervision;
52.20 	(3) the licensee describes the proposed supervision and the name and qualifications 
52.21 	of the proposed alternate supervisor; and
52.22 	(4) the requirements of paragraph (d) are met.
52.23 	(b) The board may determine that supervision is not obtainable if:
52.24 	(1) the licensee provides documentation as an attachment to the supervision plan 
52.25 	submitted pursuant to section 148D.062, subdivision 1, or148D.125, subdivision 1, that 
52.26 	the licensee has conducted a thorough search for a supervisor meeting the applicable 
52.27 	licensure requirements specified in sections 148D.100 to 148D.115;
52.28 	(2) the licensee demonstrates to the board's satisfaction that the search was 
52.29 	unsuccessful; and
52.30 	(3) the licensee describes the extent of the search and the names and locations of 
52.31 	the persons and organizations contacted.
52.32 	(c) The following are not grounds for a determination that supervision is 
52.33 	unobtainable:
52.34 	(1) obtaining a supervisor who meets the requirements of subdivision 1 would 
52.35 	present the licensee with a financial hardship;
53.1 	(2) the licensee is unable to obtain a supervisor who meets the requirements of 
53.2 	subdivision 1 within the licensee's agency or organization and the agency or organization 
53.3 	will not allow outside supervision; or
53.4 	(3) the specialized nature of the licensee's practice requires supervision from a 
53.5 	practitioner other than an individual licensed as a social worker.
53.6 	(d) An alternate supervisor must:
53.7 	(1) be an unlicensed social worker who is employed in, and provides the supervision 
53.8 	in, a setting exempt from licensure by section 148D.065, and who has qualifications 
53.9 	equivalent to the applicable requirements specified in sections 148D.100 to 148D.115; or
53.10 	(2) be a licensed marriage and family therapist or a mental health professional 
53.11 	as established by section 245.462, subdivision 18, or 245.4871, subdivision 27, or an 
53.12 	equivalent mental health professional, as determined by the board, who is licensed or 
53.13 	credentialed by a state, territorial, provincial, or foreign licensing agency.
53.14 	In order to qualify to provide clinical supervision of a licensed graduate social 
53.15 	worker or licensed independent social worker engaged in clinical practice, the alternate 
53.16 	supervisor must be a mental health professional as established by section 245.462, 
53.17 	subdivision 18, or 245.4871, subdivision 27, or an equivalent mental health professional, 
53.18 	as determined by the board, who is licensed or credentialed by a state, territorial, 
53.19 	provincial, or foreign licensing agency.

53.20 	Sec. 62. Minnesota Statutes 2006, section 148D.125, subdivision 1, is amended to read:
53.21 		Subdivision 1.Supervision plan. (a) A social worker must submit, on a form 
53.22 	provided by the board, a supervision plan for meeting the supervision requirements 
53.23 	specified in sections 148D.100 to 148D.120.
53.24 	(b) The supervision plan must be submitted no later than 90 days after the licensee 
53.25 	begins a social work practice position after becoming licensed.
53.26 	(c) For failure to submit the supervision plan within 90 days after beginning a social 
53.27 	work practice position, a licensee must pay the supervision plan late fee specified in 
53.28 	section 148D.180 when the licensee applies for license renewal.
53.29 	(d) A license renewal application submitted pursuant to paragraph (a) section 
53.30 	148D.070, subdivision 3, must not be approved unless the board has received a supervision 
53.31 	plan.
53.32 	(e) The supervision plan must include the following:
53.33 	(1) the name of the supervisee, the name of the agency in which the supervisee is 
53.34 	being supervised, and the supervisee's position title;
53.35 	(2) the name and qualifications of the person providing the supervision;
54.1 	(3) the number of hours of one-on-one in-person supervision and the number and 
54.2 	type of additional hours of supervision to be completed by the supervisee;
54.3 	(4) the supervisee's position description;
54.4 	(5) a brief description of the supervision the supervisee will receive in the following 
54.5 	content areas:
54.6 	(i) clinical practice, if applicable;
54.7 	(ii) development of professional social work knowledge, skills, and values;
54.8 	(iii) practice methods;
54.9 	(iv) authorized scope of practice;
54.10 	(v) ensuring continuing competence; and
54.11 	(vi) ethical standards of practice; and
54.12 	(6) if applicable, a detailed description of the supervisee's clinical social work 
54.13 	practice, addressing:
54.14 	(i) the client population, the range of presenting issues, and the diagnoses;
54.15 	(ii) the clinical modalities that were utilized; and
54.16 	(iii) the process utilized for determining clinical diagnoses, including the diagnostic 
54.17 	instruments used and the role of the supervisee in the diagnostic process. An applicant for 
54.18 	licensure as a licensed professional clinical counselor must present evidence of completion 
54.19 	of a degree equivalent to that required in section 148B.5301, subdivision 1, clause (3).
54.20 	(f) The board must receive a revised supervision plan within 90 days of any of the 
54.21 	following changes:
54.22 	(1) the supervisee has a new supervisor;
54.23 	(2) the supervisee begins a new social work position;
54.24 	(3) the scope or content of the supervisee's social work practice changes substantially;
54.25 	(4) the number of practice or supervision hours changes substantially; or
54.26 	(5) the type of supervision changes as supervision is described in section 148D.100, 
54.27 	subdivision 3, or 148D.105, subdivision 3, or as required in section 148D.115, subdivision 
54.28 	4.
54.29 	(g) For failure to submit a revised supervision plan as required in paragraph (f), a 
54.30 	supervisee must pay the supervision plan late fee specified in section 148D.180, when 
54.31 	the supervisee applies for license renewal.
54.32 	(h) The board must approve the supervisor and the supervision plan.

54.33 	Sec. 63. [148E.001] CITATION.
54.34 	This chapter may be cited as the "Minnesota Board of Social Work Practice Act."

55.1 	Sec. 64. [148E.010] DEFINITIONS.
55.2 		Subdivision 1.Scope. For the purpose of this chapter, the terms in this section 
55.3 	have the meanings given.
55.4 		Subd. 2.Applicant. "Applicant" means a person who submits an application to 
55.5 	the board for a new license, a license renewal, a change in license, an inactive license, 
55.6 	reactivation of a license, or a voluntary termination.
55.7 		Subd. 3.Application. "Application" means an application to the board for a new 
55.8 	license, a license renewal, a change in license, an inactive license, reactivation of a 
55.9 	license, or voluntary termination.
55.10 		Subd. 4.Board. "Board" means the Board of Social Work created under section 
55.11 	148E.025.
55.12 		Subd. 5.Client. "Client" means an individual, couple, family, group, community, or 
55.13 	organization that receives or has received social work services as described in subdivision 
55.14 	11.
55.15 		Subd. 6.Clinical practice. "Clinical practice" means applying professional 
55.16 	social work knowledge, skills, and values in the differential diagnosis and treatment of 
55.17 	psychosocial function, disability, or impairment, including addictions and emotional, 
55.18 	mental, and behavioral disorders. Treatment includes a plan based on a differential 
55.19 	diagnosis. Treatment may include, but is not limited to, the provision of psychotherapy to 
55.20 	individuals, couples, families, and groups across the life span. Clinical social workers 
55.21 	may also provide the services described in subdivision 11.
55.22 		Subd. 7.Clinical supervision. "Clinical supervision" means supervision as defined 
55.23 	in subdivision 18 of a social worker engaged in clinical practice as defined in subdivision 6.
55.24 		Subd. 8.Graduate degree. "Graduate degree" means a master's degree in social 
55.25 	work from a program accredited by the Council on Social Work Education, the Canadian 
55.26 	Association of Schools of Social Work, or a similar accreditation body designated by the 
55.27 	board; or a doctorate in social work from an accredited university.
55.28 		Subd. 9.Intern. "Intern" means a student in field placement working under the 
55.29 	supervision or direction of a social worker.
55.30 		Subd. 10.Person-in-environment perspective. "Person-in-environment 
55.31 	perspective" means viewing human behavior, development, and function in the context 
55.32 	of one or more of the following: the environment, social functioning, mental health, 
55.33 	and physical health.
55.34 		Subd. 11.Practice of social work. "Practice of social work" means working 
55.35 	to maintain, restore, or improve behavioral, cognitive, emotional, mental, or social 
55.36 	functioning of clients, in a manner that applies accepted professional social work 
56.1 	knowledge, skills, and values, including the person-in-environment perspective, by 
56.2 	providing in person or through telephone, video conferencing, or electronic means one or 
56.3 	more of the social work services described in clauses (1) to (3). Social work services may 
56.4 	address conditions that impair or limit behavioral, cognitive, emotional, mental, or social 
56.5 	functioning. Such conditions include, but are not limited to, the following: abuse and 
56.6 	neglect of children or vulnerable adults, addictions, developmental disorders, disabilities, 
56.7 	discrimination, illness, injuries, poverty, and trauma. Social work services include:
56.8 	(1) providing assessment and intervention through direct contact with clients, 
56.9 	developing a plan based on information from an assessment, and providing services which 
56.10 	include, but are not limited to, assessment, case management, client-centered advocacy, 
56.11 	client education, consultation, counseling, crisis intervention, and referral;
56.12 	(2) providing for the direct or indirect benefit of clients through administrative, 
56.13 	educational, policy, or research services including, but not limited to:
56.14 	(i) advocating for policies, programs, or services to improve the well-being of clients;
56.15 	(ii) conducting research related to social work services;
56.16 	(iii) developing and administering programs which provide social work services;
56.17 	(iv) engaging in community organization to address social problems through 
56.18 	planned collective action;
56.19 	(v) supervising individuals who provide social work services to clients;
56.20 	(vi) supervising social workers in order to comply with the supervised practice 
56.21 	requirements specified in sections 148E.100 to 148E.125; and
56.22 	(vii) teaching professional social work knowledge, skills, and values to students; and
56.23 	(3) engaging in clinical practice.
56.24 		Subd. 12.Professional name. "Professional name" means the name a licensed 
56.25 	social worker uses in making representations of the social worker's professional status 
56.26 	to the public and which has been designated to the board in writing according to section 
56.27 	148E.090.
56.28 		Subd. 13.Professional social work knowledge, skills, and values. "Professional 
56.29 	social work knowledge, skills, and values" means the knowledge, skills, and values 
56.30 	taught in programs accredited by the Council on Social Work Education, the Canadian 
56.31 	Association of Schools of Social Work, or a similar accreditation body designated by 
56.32 	the board; or a doctorate in social work from an accredited university. Professional 
56.33 	social work knowledge, skills, and values include, but are not limited to, principles of 
56.34 	person-in-environment and the values, principles, and standards described in the Code 
56.35 	of Ethics of the National Association of Social Workers.
57.1 		Subd. 14.Sexual conduct. "Sexual conduct" means any physical contact or 
57.2 	conduct that may be reasonably interpreted as sexual, or any oral, written, electronic, or 
57.3 	other communication that suggests engaging in physical contact or conduct that may be 
57.4 	reasonably interpreted as sexual.
57.5 		Subd. 15.Social worker. "Social worker" means an individual who:
57.6 	(1) is licensed as a social worker; or
57.7 	(2) has obtained a social work degree from a program accredited by the Council on 
57.8 	Social Work Education, the Canadian Association of Schools of Social Work, or a similar 
57.9 	accreditation body designated by the board and engages in the practice of social work.
57.10 		Subd. 16.Student. "Student" means an individual who is taught professional 
57.11 	social work knowledge, skills, and values in a program that has been accredited by the 
57.12 	Council on Social Work Education, the Canadian Association of Schools of Social Work, 
57.13 	or a similar accreditation body designated by the board.
57.14 		Subd. 17.Supervisee. "Supervisee" means an individual provided evaluation and 
57.15 	supervision or direction by a social worker.
57.16 		Subd. 18.Supervision. "Supervision" means a professional relationship between a 
57.17 	supervisor and a social worker in which the supervisor provides evaluation and direction 
57.18 	of the services provided by the social worker to promote competent and ethical services 
57.19 	to clients through the continuing development of the social worker's knowledge and 
57.20 	application of accepted professional social work knowledge, skills, and values.

57.21 	Sec. 65. [148E.015] SCOPE.
57.22 	This chapter applies to all applicants and licensees, all persons who use the title social 
57.23 	worker, and all persons in or out of this state who provide social work services to clients 
57.24 	who reside in this state unless there are specific applicable exemptions provided by law.

57.25 	Sec. 66. [148E.020] CHAPTER 214.
57.26 	Chapter 214 applies to the Board of Social Work unless superseded by this chapter.

57.27 	Sec. 67. [148E.025] BOARD OF SOCIAL WORK.
57.28 		Subdivision 1.Creation. The Board of Social Work consists of 15 members 
57.29 	appointed by the governor. The members are:
57.30 	(1) ten social workers licensed according to section 148E.055; and
57.31 	(2) five public members as defined in section 214.02.
58.1 		Subd. 2.Qualifications of board members. (a) All social worker members must 
58.2 	have engaged in the practice of social work in Minnesota for at least one year during 
58.3 	the ten years preceding their appointments.
58.4 	(b) Five social worker members must be licensed social workers. The other five 
58.5 	members must be a licensed graduate social worker, a licensed independent social worker, 
58.6 	or a licensed independent clinical social worker.
58.7 	(c) Eight social worker members must be engaged at the time of their appointment in 
58.8 	the practice of social work in Minnesota in the following settings:
58.9 	(1) one member must be engaged in the practice of social work in a county agency;
58.10 	(2) one member must be engaged in the practice of social work in a state agency;
58.11 	(3) one member must be engaged in the practice of social work in an elementary, 
58.12 	middle, or secondary school;
58.13 	(4) one member must be employed in a hospital or nursing home licensed under 
58.14 	chapter 144 or 144A;
58.15 	(5) two members must be engaged in the practice of social work in a private agency;
58.16 	(6) one member must be engaged in the practice of social work in a clinical social 
58.17 	work setting; and
58.18 	(7) one member must be an educator engaged in regular teaching duties at a 
58.19 	program of social work accredited by the Council on Social Work Education or a similar 
58.20 	accreditation body designated by the board.
58.21 	(d) At the time of their appointments, at least six members must reside outside of the 
58.22 	seven-county metropolitan area.
58.23 	(e) At the time of their appointments, at least five members must be persons with 
58.24 	expertise in communities of color.
58.25 		Subd. 3.Officers. The board must annually elect from its membership a chair, 
58.26 	vice-chair, and secretary-treasurer.
58.27 		Subd. 4.Bylaws. The board must adopt bylaws to govern its proceedings.
58.28 		Subd. 5.Executive director. The board must appoint and employ an executive 
58.29 	director who is not a member of the board. The employment of the executive director shall 
58.30 	be subject to the terms described in section 214.04, subdivision 2a.

58.31 	Sec. 68. [148E.030] DUTIES OF THE BOARD.
58.32 		Subdivision 1.Duties. The board must perform the duties necessary to promote 
58.33 	and protect the public health, safety, and welfare through the licensure and regulation of 
58.34 	persons who practice social work in this state. These duties include, but are not limited to:
59.1 	(1) establishing the qualifications and procedures for individuals to be licensed 
59.2 	as social workers;
59.3 	(2) establishing standards of practice for social workers;
59.4 	(3) holding examinations or contracting with the Association of Social Work Boards 
59.5 	or a similar examination body designated by the board to hold examinations to assess 
59.6 	applicants' qualifications;
59.7 	(4) issuing licenses to qualified individuals according to sections 148E.055 and 
59.8 	148E.060;
59.9 	(5) taking disciplinary, adversarial, corrective, or other action according to sections 
59.10 	148E.255 to 148E.270 when an individual violates the requirements of this chapter;
59.11 	(6) assessing fees according to sections 148E.175 and 148E.180; and
59.12 	(7) educating social workers and the public on the requirements of the board.
59.13 		Subd. 2.Rules. The board may adopt and enforce rules to carry out the duties 
59.14 	specified in subdivision 1.

59.15 	Sec. 69. [148E.035] VARIANCES.
59.16 	If the effect of a requirement according to this chapter is unreasonable, impossible to 
59.17 	execute, absurd, or would impose an extreme hardship on a licensee, the board may grant 
59.18 	a variance if the variance is consistent with promoting and protecting the public health, 
59.19 	safety, and welfare. A variance must not be granted for core licensing standards such as 
59.20 	substantive educational and examination requirements.

59.21 	Sec. 70. [148E.040] IMMUNITY.
59.22 	Board members, board employees, and persons engaged on behalf of the board are 
59.23 	immune from civil liability for any actions, transactions, or publications in the lawful 
59.24 	execution of or relating to their duties under this chapter.

59.25 	Sec. 71. [148E.045] CONTESTED CASE HEARING.
59.26 	An applicant or a licensee who is the subject of a disciplinary or adversarial action 
59.27 	by the board according to this chapter may request a contested case hearing under sections 
59.28 	14.57 to 14.62. An applicant or a licensee who desires to request a contested case hearing 
59.29 	must submit a written request to the board within 90 days after the date on which the board 
59.30 	mailed the notification of the adverse action, except as otherwise provided in this chapter.

59.31 	Sec. 72. [148E.050] LICENSING; SCOPE OF PRACTICE.
60.1 		Subdivision 1.Requirements. The practice of social work must comply with the 
60.2 	requirements of subdivision 2, 3, 4, or 5.
60.3 		Subd. 2.Licensed social worker. A licensed social worker may engage in social 
60.4 	work practice except that a licensed social worker must not engage in clinical practice.
60.5 		Subd. 3.Licensed graduate social worker. A licensed graduate social worker may 
60.6 	engage in social work practice except that a licensed graduate social worker must not 
60.7 	engage in clinical practice except under the supervision of a licensed independent clinical 
60.8 	social worker or an alternate supervisor according to section 148E.120.
60.9 		Subd. 4.Licensed independent social worker. A licensed independent social 
60.10 	worker may engage in social work practice except that a licensed independent social 
60.11 	worker must not engage in clinical practice except under the supervision of a licensed 
60.12 	independent clinical social worker or an alternate supervisor according to section 
60.13 	148E.120.
60.14 		Subd. 5.Licensed independent clinical social worker. A licensed independent 
60.15 	clinical social worker may engage in social work practice, including clinical practice.

60.16 	Sec. 73. [148E.055] LICENSE REQUIREMENTS.
60.17 		Subdivision 1.License required. (a) In order to practice social work, an individual 
60.18 	must have a social work license under this section or section 148E.060, except when the 
60.19 	individual is exempt from licensure according to section 148E.065.
60.20 	(b) Individuals who teach professional social work knowledge, skills, and values to 
60.21 	students and who have a social work degree from a program accredited by the Council 
60.22 	on Social Work Education, the Canadian Association of Schools of Social Work, or a 
60.23 	similar accreditation body designated by the board must have a social work license under 
60.24 	this section or section 148E.060, except when the individual is exempt from licensure 
60.25 	according to section 148E.065.
60.26 		Subd. 2.Qualifications for licensure by examination as a licensed social worker.
 60.27 	(a) To be licensed as a licensed social worker, an applicant for licensure by examination 
60.28 	must provide evidence satisfactory to the board that the applicant:
60.29 	(1) has received a baccalaureate degree in social work from a program accredited by 
60.30 	the Council on Social Work Education, the Canadian Association of Schools of Social 
60.31 	Work, or a similar accreditation body designated by the board, or a doctorate in social 
60.32 	work from an accredited university;
60.33 	(2) has passed the bachelors or equivalent examination administered by the 
60.34 	Association of Social Work Boards or a similar examination body designated by the board. 
60.35 	Unless an applicant applies for licensure by endorsement according to subdivision 7, an 
61.1 	examination is not valid if it was taken and passed eight or more years prior to submitting 
61.2 	a completed, signed application form provided by the board. The examination may be 
61.3 	taken prior to completing degree requirements;
61.4 	(3) has submitted a completed, signed application form provided by the board, 
61.5 	including the applicable application fee specified in section 148E.180. For applications 
61.6 	submitted electronically, a "signed application" means providing an attestation as specified 
61.7 	by the board;
61.8 	(4) has submitted the criminal background check fee and a form provided by the 
61.9 	board authorizing a criminal background check according to subdivision 8;
61.10 	(5) has paid the applicable license fee specified in section 148E.180; and
61.11 	(6) has not engaged in conduct that was or would be in violation of the standards 
61.12 	of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 
61.13 	conduct that was or would be in violation of the standards of practice, the board may take 
61.14 	action according to sections 148E.255 to 148E.270.
61.15 	(b) An application that is not completed and signed, or that is not accompanied by the 
61.16 	correct fee, must be returned to the applicant, along with any fee submitted, and is void.
61.17 	(c) A licensee granted a license by the board according to paragraph (a) must meet 
61.18 	the supervised practice requirements specified in sections 148E.100 to 148E.125. If a 
61.19 	licensee does not meet the supervised practice requirements, the board may take action 
61.20 	according to sections 148E.255 to 148E.270.
61.21 	(d) By submitting an application for licensure, an applicant authorizes the board to 
61.22 	investigate any information provided or requested in the application. The board may 
61.23 	request that the applicant provide additional information, verification, or documentation.
61.24 	(e) Within one year of the time the board receives an application for licensure, the 
61.25 	applicant must meet all the requirements specified in paragraph (a) and must provide all of 
61.26 	the information requested by the board according to paragraph (d). If within one year the 
61.27 	applicant does not meet all the requirements, or does not provide all of the information 
61.28 	requested, the applicant is considered ineligible and the application for licensure must 
61.29 	be closed.
61.30 	(f) Except as provided in paragraph (g), an applicant may not take more than three 
61.31 	times the bachelors or equivalent examination administered by the Association of Social 
61.32 	Work Boards, or a similar examination body designated by the board. An applicant must 
61.33 	receive a passing score on the bachelors or equivalent examination administered by the 
61.34 	Association of Social Work Boards or a similar examination body designated by the board 
61.35 	in no more than 18 months after the date the applicant first failed the examination.
62.1 	(g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a 
62.2 	fourth or subsequent time, the bachelors or equivalent examination administered by the 
62.3 	Association of Social Work Boards or a similar examination body designated by the 
62.4 	board if the applicant:
62.5 	(1) meets all requirements specified in paragraphs (a) to (e) other than passing the 
62.6 	bachelors or equivalent examination administered by the Association of Social Work 
62.7 	Boards or a similar examination body designated by the board;
62.8 	(2) provides to the board a description of the efforts the applicant has made to 
62.9 	improve the applicant's score and demonstrates to the board's satisfaction that the efforts 
62.10 	are likely to improve the score; and
62.11 	(3) provides to the board letters of recommendation from two licensed social 
62.12 	workers attesting to the applicant's ability to practice social work competently and 
62.13 	ethically according to professional social work knowledge, skills, and values.
62.14 	(h) An individual must not practice social work until the individual passes the 
62.15 	examination and receives a social work license under this section or section 148E.060. If 
62.16 	the board has reason to believe that an applicant may be practicing social work without a 
62.17 	license, and the applicant has failed the bachelors or equivalent examination administered 
62.18 	by the Association of Social Work Boards or a similar examination body designated by 
62.19 	the board, the board may notify the applicant's employer that the applicant is not licensed 
62.20 	as a social worker.
62.21 		Subd. 3.Qualifications for licensure by examination as licensed graduate social 
62.22 	worker. (a) To be licensed as a licensed graduate social worker, an applicant for licensure 
62.23 	by examination must provide evidence satisfactory to the board that the applicant:
62.24 	(1) has received a graduate degree in social work from a program accredited by 
62.25 	the Council on Social Work Education, the Canadian Association of Schools of Social 
62.26 	Work, or a similar accreditation body designated by the board, or a doctorate in social 
62.27 	work from an accredited university;
62.28 	(2) has passed the masters or equivalent examination administered by the Association 
62.29 	of Social Work Boards or a similar examination body designated by the board. Unless an 
62.30 	applicant applies for licensure by endorsement according to section 148E.055, subdivision 
62.31 	7, an examination is not valid if it was taken and passed eight or more years prior to 
62.32 	submitting a completed, signed application form provided by the board. The examination 
62.33 	may be taken prior to completing degree requirements;
62.34 	(3) has submitted a completed, signed application form provided by the board, 
62.35 	including the applicable application fee specified in section 148E.180. For applications 
63.1 	submitted electronically, a "signed application" means providing an attestation as specified 
63.2 	by the board;
63.3 	(4) has submitted the criminal background check fee and a form provided by the 
63.4 	board authorizing a criminal background check according to subdivision 8;
63.5 	(5) has paid the applicable license fee specified in section 148E.180; and
63.6 	(6) has not engaged in conduct that was or would be in violation of the standards 
63.7 	of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 
63.8 	conduct that was or would be in violation of the standards of practice, the board may take 
63.9 	action according to sections 148E.255 to 148E.270.
63.10 	(b) An application which is not completed and signed, or which is not accompanied 
63.11 	by the correct fee, must be returned to the applicant, along with any fee submitted, and is 
63.12 	void.
63.13 	(c) A licensee granted a license by the board according to paragraph (a) must meet 
63.14 	the supervised practice requirements specified in sections 148E.100 to 148E.125. If a 
63.15 	licensee does not meet the supervised practice requirements, the board may take action 
63.16 	according to sections 148E.255 to 148E.270.
63.17 	(d) By submitting an application for licensure, an applicant authorizes the board to 
63.18 	investigate any information provided or requested in the application. The board may 
63.19 	request that the applicant provide additional information, verification, or documentation.
63.20 	(e) Within one year of the time the board receives an application for licensure, the 
63.21 	applicant must meet all the requirements specified in paragraph (a) and must provide all of 
63.22 	the information requested by the board according to paragraph (d). If within one year the 
63.23 	applicant does not meet all the requirements, or does not provide all of the information 
63.24 	requested, the applicant is considered ineligible and the application for licensure must 
63.25 	be closed.
63.26 	(f) Except as provided in paragraph (g), an applicant may not take more than three 
63.27 	times the masters or equivalent examination administered by the Association of Social 
63.28 	Work Boards or a similar examination body designated by the board. An applicant must 
63.29 	receive a passing score on the masters or equivalent examination administered by the 
63.30 	Association of Social Work Boards or a similar examination body designated by the board 
63.31 	in no more than 18 months after the date the applicant first failed the examination.
63.32 	(g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a 
63.33 	fourth or subsequent time, the masters or equivalent examination administered by the 
63.34 	Association of Social Work Boards or a similar examination body designated by the 
63.35 	board if the applicant:
64.1 	(1) meets all requirements specified in paragraphs (a) to (e) other than passing the 
64.2 	masters or equivalent examination administered by the Association of Social Work Boards 
64.3 	or a similar examination body designated by the board;
64.4 	(2) provides to the board a description of the efforts the applicant has made to 
64.5 	improve the applicant's score and demonstrates to the board's satisfaction that the efforts 
64.6 	are likely to improve the score; and
64.7 	(3) provides to the board letters of recommendation from two licensed social 
64.8 	workers attesting to the applicant's ability to practice social work competently and 
64.9 	ethically according to professional social work knowledge, skills, and values.
64.10 	(h) An individual must not practice social work until the individual passes the 
64.11 	examination and receives a social work license under this section or section 148E.060. If 
64.12 	the board has reason to believe that an applicant may be practicing social work without a 
64.13 	license, and the applicant has failed the masters or equivalent examination administered 
64.14 	by the Association of Social Work Boards or a similar examination body designated by 
64.15 	the board, the board may notify the applicant's employer that the applicant is not licensed 
64.16 	as a social worker.
64.17 		Subd. 4.Licensure by examination; licensed independent social worker. (a) 
64.18 	To be licensed as a licensed independent social worker, an applicant for licensure by 
64.19 	examination must provide evidence satisfactory to the board that the applicant:
64.20 	(1) has received a graduate degree in social work from a program accredited by 
64.21 	the Council on Social Work Education, the Canadian Association of Schools of Social 
64.22 	Work, or a similar accreditation body designated by the board, or a doctorate in social 
64.23 	work from an accredited university;
64.24 	(2) has practiced social work as defined in section 148E.010, and has met the 
64.25 	supervised practice requirements specified in sections 148E.100 to 148E.125;
64.26 	(3) has passed the advanced generalist or equivalent examination administered by 
64.27 	the Association of Social Work Boards or a similar examination body designated by the 
64.28 	board. Unless an applicant applies for licensure by endorsement according to subdivision 
64.29 	7, an examination is not valid if it was taken and passed eight or more years prior to 
64.30 	submitting a completed, signed application form provided by the board;
64.31 	(4) has submitted a completed, signed application form provided by the board, 
64.32 	including the applicable application fee specified in section 148E.180. For applications 
64.33 	submitted electronically, a "signed application" means providing an attestation as specified 
64.34 	by the board;
64.35 	(5) has submitted the criminal background check fee and a form provided by the 
64.36 	board authorizing a criminal background check according to subdivision 8;
65.1 	(6) has paid the applicable license fee specified in section 148E.180; and
65.2 	(7) has not engaged in conduct that was or would be in violation of the standards 
65.3 	of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 
65.4 	conduct that was or would be in violation of the standards of practice, the board may take 
65.5 	action according to sections 148E.255 to 148E.270.
65.6 	(b) An application which is not completed and signed, or which is not accompanied 
65.7 	by the correct fee, must be returned to the applicant, along with any fee submitted, and is 
65.8 	void.
65.9 	(c) A licensed independent social worker who practices clinical social work must 
65.10 	meet the supervised practice requirements specified in sections 148E.100 to 148E.125. If 
65.11 	a licensee does not meet the supervised practice requirements, the board may take action 
65.12 	according to sections 148E.255 to 148E.270.
65.13 	(d) By submitting an application for licensure, an applicant authorizes the board to 
65.14 	investigate any information provided or requested in the application. The board may 
65.15 	request that the applicant provide additional information, verification, or documentation.
65.16 	(e) Within one year of the time the board receives an application for licensure, the 
65.17 	applicant must meet all the requirements specified in paragraph (a) and must provide all of 
65.18 	the information requested by the board according to paragraph (d). If within one year the 
65.19 	applicant does not meet all the requirements, or does not provide all of the information 
65.20 	requested, the applicant is considered ineligible and the application for licensure must 
65.21 	be closed.
65.22 	(f) Except as provided in paragraph (g), an applicant may not take more than 
65.23 	three times the advanced generalist or equivalent examination administered by the 
65.24 	Association of Social Work Boards or a similar examination body designated by the 
65.25 	board. An applicant must receive a passing score on the masters or equivalent examination 
65.26 	administered by the Association of Social Work Boards or a similar examination body 
65.27 	designated by the board in no more than 18 months after the first time the applicant failed 
65.28 	the examination.
65.29 	(g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a 
65.30 	fourth or subsequent time, the advanced generalist or equivalent examination administered 
65.31 	by the Association of Social Work Boards or a similar examination body designated by 
65.32 	the board if the applicant:
65.33 	(1) meets all requirements specified in paragraphs (a) to (e) other than passing the 
65.34 	advanced generalist or equivalent examination administered by the Association of Social 
65.35 	Work Boards or a similar examination body designated by the board;
66.1 	(2) provides to the board a description of the efforts the applicant has made to 
66.2 	improve the applicant's score and demonstrates to the board's satisfaction that the efforts 
66.3 	are likely to improve the score; and
66.4 	(3) provides to the board letters of recommendation from two licensed social 
66.5 	workers attesting to the applicant's ability to practice social work competently and 
66.6 	ethically according to professional social work knowledge, skills, and values.
66.7 	(h) An individual must not practice social work until the individual passes the 
66.8 	examination and receives a social work license under this section or section 148E.060. If 
66.9 	the board has reason to believe that an applicant may be practicing social work without a 
66.10 	license, except as provided in section 148E.065, and the applicant has failed the advanced 
66.11 	generalist or equivalent examination administered by the Association of Social Work 
66.12 	Boards or a similar examination body designated by the board, the board may notify the 
66.13 	applicant's employer that the applicant is not licensed as a social worker.
66.14 		Subd. 5.Licensure by examination; licensed independent clinical social worker.
 66.15 	(a) To be licensed as a licensed independent clinical social worker, an applicant for 
66.16 	licensure by examination must provide evidence satisfactory to the board that the applicant:
66.17 	(1) has received a graduate degree in social work from a program accredited by 
66.18 	the Council on Social Work Education, the Canadian Association of Schools of Social 
66.19 	Work, or a similar accreditation body designated by the board, or a doctorate in social 
66.20 	work from an accredited university;
66.21 	(2) has completed 360 clock hours (one semester credit hour = 15 clock hours)  in 
66.22 	the following clinical knowledge areas:
66.23 	(i) 108 clock hours (30 percent) in differential diagnosis and biopsychosocial 
66.24 	assessment including normative development and psychopathology across the life span;
66.25 	(ii) 36 clock hours (ten percent) in assessment-based clinical treatment planning with 
66.26 	measurable goals;
66.27 	(iii) 108 clock hours (30 percent) in clinical intervention methods informed by 
66.28 	research and current standards of practice;
66.29 	(iv) 18 clock hours (five percent) in evaluation methodologies;  
66.30 	(v) 72 clock hours (20 percent) in social work values and ethics, including cultural 
66.31 	context, diversity, and social policy; and
66.32 	(vi) 18 clock hours (five percent) in culturally specific clinical assessment and 
66.33 	intervention;
66.34 	(3) has practiced clinical social work as defined in section 148E.010, including both 
66.35 	diagnosis and treatment, and has met the supervised practice requirements specified in 
66.36 	sections 148E.100 to 148E.125;
67.1 	(4) has passed the clinical or equivalent examination administered by the Association 
67.2 	of Social Work Boards or a similar examination body designated by the board. Unless an 
67.3 	applicant applies for licensure by endorsement according to subdivision 7, an examination 
67.4 	is not valid if it was taken and passed eight or more years prior to submitting a completed, 
67.5 	signed application form provided by the board;
67.6 	(5) has submitted a completed, signed application form provided by the board, 
67.7 	including the applicable application fee specified in section 148E.180. For applications 
67.8 	submitted electronically, a "signed application" means providing an attestation as specified 
67.9 	by the board;
67.10 	(6) has submitted the criminal background check fee and a form provided by the 
67.11 	board authorizing a criminal background check according to subdivision 8;
67.12 	(7) has paid the license fee specified in section 148E.180; and
67.13 	(8) has not engaged in conduct that was or would be in violation of the standards 
67.14 	of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 
67.15 	conduct that was or would be in violation of the standards of practice, the board may take 
67.16 	action according to sections 148E.255 to 148E.270.
67.17 	(b) The requirement in paragraph (a), clause (2), may be satisfied through: (1) 
67.18 	a graduate degree program accredited by the Council on Social Work Education, the 
67.19 	Canadian Association of Schools of Social Work, or a similar accreditation body 
67.20 	designated by the board; or a doctorate in social work from an accredited university; (2) 
67.21 	postgraduate coursework; or (3) up to 90 continuing education hours. The continuing 
67.22 	education must have a course description available for public review and must include 
67.23 	a posttest. Compliance with this requirement must be documented on a form provided 
67.24 	by the board. The board may conduct audits of the information submitted in order to 
67.25 	determine compliance with the requirements of this section.
67.26 	(c) An application which is not completed and signed, or which is not accompanied 
67.27 	by the correct fee, must be returned to the applicant, along with any fee submitted, and is 
67.28 	void.
67.29 	(d) By submitting an application for licensure, an applicant authorizes the board to 
67.30 	investigate any information provided or requested in the application. The board may 
67.31 	request that the applicant provide additional information, verification, or documentation.
67.32 	(e) Within one year of the time the board receives an application for licensure, the 
67.33 	applicant must meet all the requirements specified in paragraph (a) and must provide all of 
67.34 	the information requested by the board according to paragraph (d). If within one year the 
67.35 	applicant does not meet all the requirements, or does not provide all of the information 
68.1 	requested, the applicant is considered ineligible and the application for licensure must 
68.2 	be closed.
68.3 	(f) Except as provided in paragraph (g), an applicant may not take more than three 
68.4 	times the clinical or equivalent examination administered by the Association of Social 
68.5 	Work Boards or a similar examination body designated by the board. An applicant must 
68.6 	receive a passing score on the clinical or equivalent examination administered by the 
68.7 	Association of Social Work Boards or a similar examination body designated by the board 
68.8 	no later than 18 months after the first time the applicant failed the examination.
68.9 	(g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a 
68.10 	fourth or subsequent time, the clinical or equivalent examination administered by the 
68.11 	Association of Social Work Boards or a similar examination body designated by the 
68.12 	board if the applicant:
68.13 	(1) meets all requirements specified in paragraphs (a) to (e) other than passing the 
68.14 	clinical or equivalent examination administered by the Association of Social Work Boards 
68.15 	or a similar examination body designated by the board;
68.16 	(2) provides to the board a description of the efforts the applicant has made to 
68.17 	improve the applicant's score and demonstrates to the board's satisfaction that the efforts 
68.18 	are likely to improve the score; and
68.19 	(3) provides to the board letters of recommendation from two licensed social 
68.20 	workers attesting to the applicant's ability to practice social work competently and 
68.21 	ethically according to professional social work knowledge, skills, and values.
68.22 	(h) An individual must not practice social work until the individual passes the 
68.23 	examination and receives a social work license under this section or section 148E.060. If 
68.24 	the board has reason to believe that an applicant may be practicing social work without a 
68.25 	license, and the applicant has failed the clinical or equivalent examination administered 
68.26 	by the Association of Social Work Boards or a similar examination body designated by 
68.27 	the board, the board may notify the applicant's employer that the applicant is not licensed 
68.28 	as a social worker.
68.29 		Subd. 6.Degrees from outside United States or Canada. If an applicant receives 
68.30 	a degree from a program outside the United States or Canada that is not accredited by 
68.31 	the Council on Social Work Education, the Canadian Association of Schools of Social 
68.32 	Work, or a similar examination body designated by the board, the degree does not fulfill 
68.33 	the requirements specified in subdivision 2, paragraph (a), clause (1); 3, paragraph (a), 
68.34 	clause (1); 4, paragraph (a), clause (1); or 5, paragraph (a), clause (1), unless the Council 
68.35 	on Social Work Education or a similar accreditation body designated by the board has 
69.1 	determined through the council's international equivalency determination service that the 
69.2 	degree earned is equivalent to the degree required.
69.3 		Subd. 7.Licensure by endorsement. (a) An applicant for licensure by endorsement 
69.4 	must hold a current license or credential to practice social work in another jurisdiction.
69.5 	(b) An applicant for licensure by endorsement who meets the qualifications of 
69.6 	paragraph (a) and who demonstrates to the satisfaction of the board that the applicant 
69.7 	passed the examination administered by the Association of Social Work Boards or a 
69.8 	similar examination body designated by the board for the applicable license in Minnesota 
69.9 	is not required to retake the licensing examination.
69.10 	(c) An application for licensure by endorsement must meet the applicable license 
69.11 	requirements specified in subdivisions 1 to 6, except as provided in paragraph (d), and 
69.12 	submit the licensure by endorsement application fee specified in section 148E.180.
69.13 	(d) The following requirements apply:
69.14 	(1) An applicant for licensure by endorsement who is applying for licensure as a 
69.15 	licensed social worker must meet the requirements specified in subdivision 2.
69.16 	(2) An applicant for licensure by endorsement who is applying for licensure as a 
69.17 	licensed graduate social worker must meet the requirements specified in subdivision 3.
69.18 	(3) An applicant for licensure by endorsement who is applying for licensure as 
69.19 	a licensed independent social worker is not required to demonstrate that the applicant 
69.20 	has obtained 100 hours of supervision as specified in section 148E.110, subdivision 1, 
69.21 	provided that the applicant has engaged in authorized social work practice for a minimum 
69.22 	of 4,000 hours in another jurisdiction.
69.23 	(4) An applicant for licensure by endorsement as a licensed independent clinical 
69.24 	social worker (i) is not required to meet the license requirements specified in subdivision 
69.25 	5, paragraph (a), clause (2), and (ii) is not required to demonstrate that the applicant 
69.26 	has obtained 200 hours of supervision as specified in section 148E.115, subdivision 1, 
69.27 	provided that the applicant has engaged in authorized clinical social work practice for a 
69.28 	minimum of 4,000 hours in another jurisdiction.
69.29 		Subd. 8.Criminal background checks. (a) Except as provided in paragraph (b), an 
69.30 	initial license application must be accompanied by:
69.31 	(1) a form provided by the board authorizing the board to complete a criminal 
69.32 	background check; and
69.33 	(2) the criminal background check fee specified by the Bureau of Criminal 
69.34 	Apprehension.
69.35 	Criminal background check fees collected by the board must be used to reimburse 
69.36 	the Bureau of Criminal Apprehension for the criminal background checks.
70.1 	(b) An applicant who has previously submitted a license application authorizing the 
70.2 	board to complete a criminal background check is exempt from the requirement specified 
70.3 	in paragraph (a).
70.4 	(c) If a criminal background check indicates that an applicant has engaged in 
70.5 	criminal behavior, the board may take action according to sections 148E.255 to 148E.270.
70.6 		Subd. 9.Effective date. The effective date of an initial license is the day on which 
70.7 	the board receives the applicable license fee from an applicant approved for licensure.
70.8 		Subd. 10.Expiration date. The expiration date of an initial license is the last day 
70.9 	of the licensee's birth month in the second calendar year following the effective date of 
70.10 	the initial license.
70.11 		Subd. 11.Change in license. (a) A licensee who changes from a licensed social 
70.12 	worker to a licensed graduate social worker, or from a licensed graduate social worker to a 
70.13 	licensed independent social worker, or from a licensed graduate social worker or licensed 
70.14 	independent social worker to a licensed independent clinical social worker, must pay the 
70.15 	prorated share of the fee for the new license.
70.16 	(b) The effective date of the new license is the day on which the board receives the 
70.17 	applicable license fee from an applicant approved for the new license.
70.18 	(c) The expiration date of the new license is the same date as the expiration date of 
70.19 	the license held by the licensee prior to the change in the license.

70.20 	Sec. 74. [148E.060] TEMPORARY LICENSES.
70.21 		Subdivision 1.Students and other persons not currently licensed in another 
70.22 	jurisdiction. The board may issue a temporary license to practice social work to an 
70.23 	applicant who is not licensed or credentialed to practice social work in any jurisdiction 
70.24 	but has:
70.25 	(1) applied for a license under section 148E.055;
70.26 	(2) applied for a temporary license on a form provided by the board;
70.27 	(3) submitted a form provided by the board authorizing the board to complete a 
70.28 	criminal background check;
70.29 	(4) passed the applicable licensure examination provided for in section 148E.055;
70.30 	(5) attested on a form provided by the board that the applicant has completed the 
70.31 	requirements for a baccalaureate or graduate degree in social work from a program 
70.32 	accredited by the Council on Social Work Education, the Canadian Association of Schools 
70.33 	of Social Work, or a similar accreditation body designated by the board, or a doctorate in 
70.34 	social work from an accredited university; and
71.1 	(6) not engaged in conduct that was or would be in violation of the standards of 
71.2 	practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 
71.3 	conduct that was or would be in violation of the standards of practice, the board may take 
71.4 	action according to sections 148E.255 to 148E.270.
71.5 		Subd. 2.Emergency situations and persons currently licensed in another 
71.6 	jurisdiction. The board may issue a temporary license to practice social work to an 
71.7 	applicant who is licensed or credentialed to practice social work in another jurisdiction, 
71.8 	may or may not have applied for a license under section 148E.055, and has:
71.9 	(1) applied for a temporary license on a form provided by the board;
71.10 	(2) submitted a form provided by the board authorizing the board to complete a 
71.11 	criminal background check;
71.12 	(3) submitted evidence satisfactory to the board that the applicant is currently 
71.13 	licensed or credentialed to practice social work in another jurisdiction;
71.14 	(4) attested on a form provided by the board that the applicant has completed the 
71.15 	requirements for a baccalaureate or graduate degree in social work from a program 
71.16 	accredited by the Council on Social Work Education, the Canadian Association of Schools 
71.17 	of Social Work, or a similar accreditation body designated by the board, or a doctorate in 
71.18 	social work from an accredited university; and
71.19 	(5) not engaged in conduct that was or would be in violation of the standards of 
71.20 	practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 
71.21 	conduct that was or would be in violation of the standards of practice, the board may take 
71.22 	action according to sections 148E.255 to 148E.270.
71.23 		Subd. 3.Teachers. The board may issue a temporary license to practice social work 
71.24 	to an applicant whose permanent residence is outside the United States, who is teaching 
71.25 	social work at an academic institution in Minnesota for a period not to exceed 12 months, 
71.26 	who may or may not have applied for a license under section 148E.055, and who has:
71.27 	(1) applied for a temporary license on a form provided by the board;
71.28 	(2) submitted a form provided by the board authorizing the board to complete a 
71.29 	criminal background check;
71.30 	(3) attested on a form provided by the board that the applicant has completed the 
71.31 	requirements for a baccalaureate or graduate degree in social work; and
71.32 	(4) has not engaged in conduct that was or would be in violation of the standards 
71.33 	of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 
71.34 	conduct that was or would be in violation of the standards of practice, the board may take 
71.35 	action according to sections 148E.255 to 148E.270.
72.1 		Subd. 4.Temporary license application fee. An applicant for a temporary license 
72.2 	must pay the application fee specified in section 148E.180 plus the required fee for 
72.3 	the cost of the criminal background check. Only one fee for the cost of the criminal 
72.4 	background check must be submitted when the applicant is applying for both a temporary 
72.5 	license and a license under section 148E.055.
72.6 		Subd. 5.Temporary license term. (a) A temporary license is valid until expiration, 
72.7 	or until the board issues or denies the license according to section 148E.055, or until 
72.8 	the board revokes the temporary license, whichever comes first. A temporary license is 
72.9 	nonrenewable.
72.10 	(b) A temporary license issued according to subdivision 1 or 2 expires after six 
72.11 	months.
72.12 	(c) A temporary license issued according to subdivision 3 expires after 12 months.
72.13 		Subd. 6.Licensee with temporary license; baccalaureate degree. A licensee 
72.14 	with a temporary license who has provided evidence to the board that the licensee has 
72.15 	completed the requirements for a baccalaureate degree in social work from a program 
72.16 	accredited by the Council on Social Work Education, the Canadian Association of Schools 
72.17 	of Social Work, or a similar accreditation body designated by the board may temporarily 
72.18 	engage in social work practice except that a licensee with a temporary license may not 
72.19 	engage in clinical social work practice.
72.20 		Subd. 7.Licensee with temporary license; graduate degree. A licensee with a 
72.21 	temporary license who has provided evidence to the board that the licensee has completed 
72.22 	the requirements for a graduate degree in social work from a program accredited by the 
72.23 	Council on Social Work Education, the Canadian Association of Schools of Social Work, 
72.24 	or a similar accreditation body designated by the board may temporarily engage in social 
72.25 	work practice, including clinical practice.
72.26 		Subd. 8.Supervision requirements. (a) Except as provided in paragraph (b), an 
72.27 	applicant who is not currently licensed or credentialed to practice social work in another 
72.28 	jurisdiction and who obtains a temporary license may practice social work only under 
72.29 	the supervision of an individual licensed as a social worker who is eligible to provide 
72.30 	supervision under sections 148E.100 to 148E.125. Before the applicant is approved 
72.31 	for licensure, the applicant's supervisor must attest to the board's satisfaction that the 
72.32 	applicant has practiced social work under supervision. This supervision applies toward 
72.33 	the supervision required after licensure.
72.34 	(b) If an applicant is currently licensed or credentialed to practice social work in 
72.35 	another jurisdiction, and receives a temporary license according to subdivision 3, the 
72.36 	requirements specified in paragraph (a) do not apply. However, if an applicant with a 
73.1 	temporary license chooses to practice social work under supervision, the supervision 
73.2 	applies to the requirements specified in sections 148E.100 to 148E.125.
73.3 		Subd. 9.Prohibition on practice. An applicant for a temporary license must not 
73.4 	practice social work in Minnesota, except as provided in section 148E.065, until the 
73.5 	applicant has been granted a temporary license.
73.6 		Subd. 10.Representation of professional status. In making representations of 
73.7 	professional status to the public, a licensee with a temporary license must state that the 
73.8 	licensee has a temporary license.
73.9 		Subd. 11.Standards of practice. A licensee with a temporary license must conduct 
73.10 	all professional activities as a social worker according to the requirements of sections 
73.11 	148E.195 to 148E.240.
73.12 		Subd. 12.Ineligibility. An applicant who is currently practicing social work in 
73.13 	Minnesota in a setting that is not exempt under section 148E.065 at the time of application 
73.14 	is ineligible for a temporary license.
73.15 		Subd. 13.Revocation of temporary license. The board may immediately revoke 
73.16 	the temporary license of any licensee who violates any requirements of this section. The 
73.17 	revocation must be made for cause, without notice or opportunity to be heard. A licensee 
73.18 	whose temporary license is revoked must immediately return the temporary license to 
73.19 	the board.

73.20 	Sec. 75. [148E.065] EXEMPTIONS.
73.21 		Subdivision 1.Other professionals. Nothing in this chapter may be construed 
73.22 	to prevent members of other professions or occupations from performing functions 
73.23 	for which they are qualified or licensed. This exception includes but is not limited to: 
73.24 	licensed physicians, registered nurses, licensed practical nurses, licensed psychologists, 
73.25 	psychological practitioners, probation officers, members of the clergy and Christian 
73.26 	Science practitioners, attorneys, marriage and family therapists, alcohol and drug 
73.27 	counselors, professional counselors, school counselors, and registered occupational 
73.28 	therapists or certified occupational therapist assistants. These persons must not, however, 
73.29 	hold themselves out to the public by any title or description stating or implying that they 
73.30 	are engaged in the practice of social work, or that they are licensed to engage in the 
73.31 	practice of social work. Persons engaged in the practice of social work are not exempt 
73.32 	from the board's jurisdiction solely by the use of one of the titles in this subdivision.
73.33 		Subd. 2.Students. An internship, externship, or any other social work experience 
73.34 	that is required for the completion of an accredited program of social work does not 
73.35 	constitute the practice of social work under this chapter.
74.1 		Subd. 3.Geographic waiver. A geographic waiver may be granted by the board on 
74.2 	a case-by-case basis to agencies with special regional hiring problems. The waiver is for 
74.3 	the purpose of permitting agencies to hire individuals who do not meet the qualifications 
74.4 	of section 148E.055 or 148E.060 to practice social work.
74.5 		Subd. 4.City, county, and state agency social workers. The licensure of city, 
74.6 	county, and state agency social workers is voluntary. City, county, and state agencies 
74.7 	employing social workers are not required to employ licensed social workers.
74.8 		Subd. 5.Tribes and private nonprofit agencies; voluntary licensure. The 
74.9 	licensure of social workers who are employed by federally recognized tribes, or by private 
74.10 	nonprofit agencies whose primary service focus addresses ethnic minority populations, 
74.11 	and who are themselves members of ethnic minority populations within those agencies, is 
74.12 	voluntary.

74.13 	Sec. 76. [148E.070] LICENSE RENEWALS.
74.14 		Subdivision 1.License renewal term. (a) If a license is renewed, the license must 
74.15 	be renewed for a two-year renewal term. The renewal term is the period from the effective 
74.16 	date of an initial or renewed license to the expiration date of the license.
74.17 	(b) The effective date of a renewed license is the day following the expiration date 
74.18 	of the expired license.
74.19 	(c) The expiration date of a renewed license is the last day of the licensee's birth 
74.20 	month in the second calendar year following the effective date of the renewed license.
74.21 		Subd. 2.Mailing license renewal notices. The board must mail a notice for license 
74.22 	renewal to a licensee at least 45 days before the expiration date of the license. Mailing the 
74.23 	notice by United States mail to the licensee's last known mailing address constitutes valid 
74.24 	mailing. Failure to receive the renewal notice does not relieve a licensee of the obligation 
74.25 	to renew a license and to pay the renewal fee.
74.26 		Subd. 3.Submitting license renewal applications. (a) In order to renew a license, 
74.27 	a licensee must submit:
74.28 	(1) a completed, signed application for license renewal; and
74.29 	(2) the applicable renewal fee specified in section 148E.180.
74.30 	The completed, signed application and renewal fee must be received by the board prior to 
74.31 	midnight of the day of the license expiration date. For renewals submitted electronically, a 
74.32 	"signed application" means providing an attestation as specified by the board.
74.33 	(b) An application which is not completed and signed, or which is not accompanied 
74.34 	by the correct fee, must be returned to the applicant, along with any fee submitted, and is 
74.35 	void.
75.1 	(c) The completed, signed application must include documentation that the licensee 
75.2 	has met the continuing education requirements specified in sections 148E.130 to 148E.170
75.3 	and, if applicable, the supervised practice requirements specified in sections 148E.100 to 
75.4 	148E.125.
75.5 	(d) By submitting a renewal application, an applicant authorizes the board to:
75.6 	(1) investigate any information provided or requested in the application. The 
75.7 	board may request that the applicant provide additional information, verification, or 
75.8 	documentation;
75.9 	(2) conduct an audit to determine if the applicant has met the continuing education 
75.10 	requirements specified in sections 148E.130 to 148E.170; and
75.11 	(3) if applicable, conduct an audit to determine whether the applicant has met the 
75.12 	supervision requirements specified in sections 148E.100 to 148E.125.
75.13 	(e) If a licensee's application for license renewal meets the requirements specified in 
75.14 	paragraph (a), the licensee may continue to practice after the license expiration date until 
75.15 	the board approves or denies the application.
75.16 		Subd. 4.Renewal late fee. An application that is received after the license 
75.17 	expiration date must be accompanied by the renewal late fee specified in section 148E.180
75.18 	in addition to the applicable renewal fee. The application, renewal fee, and renewal late 
75.19 	fee must be received by the board within 60 days of the license expiration date, or the 
75.20 	license automatically expires.
75.21 		Subd. 5.Expired license. (a) If an application does not meet the requirements 
75.22 	specified in subdivisions 3 and 4, the license automatically expires. A licensee whose 
75.23 	license has expired may reactivate a license by meeting the requirements in section 
75.24 	148E.080 or be relicensed by meeting the requirements specified in section 148E.055.
75.25 	(b) The board may take action according to sections 148E.255 to 148E.270 based on 
75.26 	a licensee's conduct before the expiration of the license.
75.27 	(c) An expired license may be reactivated within one year of the expiration date 
75.28 	specified in section 148E.080. After one year of the expiration date, an individual may 
75.29 	apply for a new license according to section 148E.055.

75.30 	Sec. 77. [148E.075] INACTIVE LICENSES.
75.31 		Subdivision 1.Inactive status. (a) A licensee qualifies for inactive status under 
75.32 	either of the circumstances described in paragraph (b) or (c).
75.33 	(b) A licensee qualifies for inactive status when the licensee is granted temporary 
75.34 	leave from active practice. A licensee qualifies for temporary leave from active practice if 
75.35 	the licensee demonstrates to the satisfaction of the board that the licensee is not engaged 
76.1 	in the practice of social work in any setting, including settings in which social workers 
76.2 	are exempt from licensure according to section 148E.065. A licensee who is granted 
76.3 	temporary leave from active practice may reactivate the license according to section 
76.4 	148E.080.
76.5 	(c) A licensee qualifies for inactive status when a licensee is granted an emeritus 
76.6 	license. A licensee qualifies for an emeritus license if the licensee demonstrates to the 
76.7 	satisfaction of the board that:
76.8 	(1) the licensee is retired from social work practice; and
76.9 	(2) the licensee is not engaged in the practice of social work in any setting, including 
76.10 	settings in which social workers are exempt from licensure according to section 148E.065.
76.11 	A licensee who possesses an emeritus license may reactivate the license according to 
76.12 	section 148E.080.
76.13 		Subd. 2.Application. A licensee may apply for inactive status:
76.14 	(1) at any time by submitting an application for a temporary leave from active 
76.15 	practice or for an emeritus license; or
76.16 	(2) as an alternative to applying for the renewal of a license by so recording on 
76.17 	the application for license renewal and submitting the completed, signed application to 
76.18 	the board.
76.19 	An application that is not completed or signed, or that is not accompanied by the 
76.20 	correct fee, must be returned to the applicant, along with any fee submitted, and is void. 
76.21 	For applications submitted electronically, a "signed application" means providing an 
76.22 	attestation as specified by the board.
76.23 		Subd. 3.Fee. (a) Regardless of when the application for inactive status is submitted, 
76.24 	the temporary leave or emeritus license fee specified in section 148E.180, whichever is 
76.25 	applicable, must accompany the application. A licensee who is approved for inactive 
76.26 	status before the license expiration date is not entitled to receive a refund for any portion 
76.27 	of the license or renewal fee.
76.28 	(b) If an application for temporary leave is received after the license expiration date, 
76.29 	the licensee must pay a renewal late fee as specified in section 148E.180 in addition to 
76.30 	the temporary leave fee.
76.31 		Subd. 4.Time limits for temporary leaves. A licensee may maintain an inactive 
76.32 	license on temporary leave for no more than five consecutive years. If a licensee does 
76.33 	not apply for reactivation within 60 days following the end of the consecutive five-year 
76.34 	period, the license automatically expires.
76.35 		Subd. 5.Time limits for emeritus license. A licensee with an emeritus license may 
76.36 	not apply for reactivation according to section 148E.080 after five years following the 
77.1 	granting of the emeritus license. However, after five years following the granting of the 
77.2 	emeritus license, an individual may apply for new licensure according to section 148E.055.
77.3 		Subd. 6.Prohibition on practice. (a) Except as provided in paragraph (b), a 
77.4 	licensee whose license is inactive must not practice, attempt to practice, offer to practice, 
77.5 	or advertise or hold out as authorized to practice social work.
77.6 	(b) The board may grant a variance to the requirements of paragraph (a) if a licensee 
77.7 	on inactive status provides emergency social work services. A variance is granted only 
77.8 	if the board provides the variance in writing to the licensee. The board may impose 
77.9 	conditions or restrictions on the variance.
77.10 		Subd. 7.Representations of professional status. In making representations of 
77.11 	professional status to the public, a licensee whose license is inactive must state that the 
77.12 	license is inactive and that the licensee cannot practice social work.
77.13 		Subd. 8.Disciplinary or other action. The board may resolve any pending 
77.14 	complaints against a licensee before approving an application for inactive status. The 
77.15 	board may take action according to sections 148E.255 to 148E.270 against a licensee 
77.16 	whose license is inactive based on conduct occurring before the license is inactive or 
77.17 	conduct occurring while the license is inactive.

77.18 	Sec. 78. [148E.080] REACTIVATIONS.
77.19 		Subdivision 1.Mailing notices to licensees on temporary leave. The board must 
77.20 	mail a notice for reactivation to a licensee on temporary leave at least 45 days before the 
77.21 	expiration date of the license according to section 148E.075, subdivision 4. Mailing the 
77.22 	notice by United States mail to the licensee's last known mailing address constitutes 
77.23 	valid mailing. Failure to receive the reactivation notice does not relieve a licensee of the 
77.24 	obligation to comply with the provisions of this section to reactivate a license.
77.25 		Subd. 2.Reactivation from a temporary leave or emeritus status. To reactivate a 
77.26 	license from a temporary leave or emeritus status, a licensee must do the following within 
77.27 	the time period specified in section 148E.075, subdivisions 4 and 5:
77.28 	(1) complete an application form specified by the board;
77.29 	(2) document compliance with the continuing education requirements specified in 
77.30 	subdivision 4;
77.31 	(3) submit a supervision plan, if required;
77.32 	(4) pay the reactivation of an inactive licensee fee specified in section 148E.180; and
77.33 	(5) pay the wall certificate fee according to section 148E.095, subdivision 1, 
77.34 	paragraph (b) or (c), if the licensee needs a duplicate license.
78.1 		Subd. 3.Reactivation of an expired license. To reactivate an expired license, a 
78.2 	licensee must do the following within one year of the expiration date:
78.3 	(1) complete an application form specified by the board;
78.4 	(2) document compliance with the continuing education requirements that were 
78.5 	in effect at the time the license expired;
78.6 	(3) document compliance with the supervision requirements, if applicable, that were 
78.7 	in effect at the time the license expired; and
78.8 	(4) pay the reactivation of an expired license fee specified in section 148E.180.
78.9 		Subd. 4.Continuing education requirements. (a) A licensee who is on temporary 
78.10 	leave or who has an emeritus license must obtain the continuing education hours that 
78.11 	would be required if the license was active. At the time of reactivation, the licensee must 
78.12 	document compliance with the continuing education requirements specified in sections 
78.13 	148E.130 to 148E.170.
78.14 	(b) A licensee applying for reactivation according to subdivision 2 or 3 may apply 
78.15 	for a variance to the continuing education requirements according to sections 148E.130 to 
78.16 	148E.170.
78.17 		Subd. 5.Reactivation of a voluntarily terminated license. To reactivate a 
78.18 	voluntarily terminated license, a licensee must do the following within one year of the 
78.19 	date the voluntary termination takes effect:
78.20 	(1) complete an application form specified by the board;
78.21 	(2) document compliance with the continuing education requirements that were in 
78.22 	effect at the time the license was voluntarily terminated;
78.23 	(3) document compliance with the supervision requirements, if applicable, that were 
78.24 	in effect at the time the license was voluntarily terminated; and
78.25 	(4) pay the reactivation of an expired or voluntarily terminated license fee specified 
78.26 	in section 148E.180.

78.27 	Sec. 79. [148E.085] VOLUNTARY TERMINATIONS.
78.28 		Subdivision 1.Requests for voluntary termination. (a) A licensee may request 
78.29 	voluntary termination of a license if the licensee demonstrates to the satisfaction of the 
78.30 	board that the licensee is not engaged in the practice of social work in any setting except 
78.31 	settings in which social workers are exempt from licensure according to section 148E.065.
78.32 	(b) A licensee may apply for voluntary termination:
78.33 	(1) at any time by submitting an application; or
79.1 	(2) as an alternative to applying for the renewal of a license by so recording on 
79.2 	the application for license renewal and submitting the completed, signed application to 
79.3 	the board.
79.4 	For applications submitted electronically, a "signed application" means providing an 
79.5 	attestation as specified by the board. An application that is not completed and signed must 
79.6 	be returned to the applicant and is void.
79.7 	(c) The board may resolve any pending complaints against a licensee before 
79.8 	approving a request for voluntary termination.
79.9 		Subd. 2.Application for new licensure. A licensee who has voluntarily terminated 
79.10 	a license may not reactivate the license after one year following the date the voluntary 
79.11 	termination takes effect. However, a licensee who has voluntarily terminated a license 
79.12 	may apply for a new license according to section 148E.055.
79.13 		Subd. 3.Prohibition on practice. A licensee who has voluntarily terminated a 
79.14 	license must not practice, attempt to practice, offer to practice, or advertise or hold out as 
79.15 	authorized to practice social work, except when the individual is exempt from licensure 
79.16 	according to section 148E.065.
79.17 		Subd. 4.Disciplinary or other action. The board may take action according to 
79.18 	sections 148E.255 to 148E.270 against a licensee whose license has been terminated 
79.19 	based on conduct occurring before the license is terminated or for practicing social 
79.20 	work without a license.

79.21 	Sec. 80. [148E.090] NAME; CHANGE OF NAME OR ADDRESS.
79.22 		Subdivision 1.Name. A licensee must use the licensee's legal name or a professional 
79.23 	name. If the licensee uses a professional name, the licensee must inform the board in 
79.24 	writing of both the licensee's professional name and legal name and must comply with 
79.25 	the requirements of this section.
79.26 		Subd. 2.Legal name change. Within 30 days after changing the licensee's legal 
79.27 	name, a licensee must:
79.28 	(1) request a new license wall certificate;
79.29 	(2) provide legal verification of the name change; and
79.30 	(3) pay the license wall certificate fee specified in section 148E.180.
79.31 		Subd. 3.Professional name change. Within 30 days after changing the licensee's 
79.32 	professional name, a licensee must:
79.33 	(1) request a new license wall certificate;
79.34 	(2) provide a notarized statement attesting to the name change; and
79.35 	(3) pay the license wall certificate fee specified in section 148E.180.
80.1 		Subd. 4.Address or telephone change. When a licensee changes a mailing 
80.2 	address, home address, work address, e-mail address, or daytime public telephone number, 
80.3 	the licensee must notify the board of the change electronically or in writing no more 
80.4 	than 30 days after the date of the change.

80.5 	Sec. 81. [148E.095] LICENSE CERTIFICATE OR CARD.
80.6 		Subdivision 1.License wall certificate. (a) The board must issue a new license 
80.7 	wall certificate when the board issues a new license. No fee in addition to the applicable 
80.8 	license fee specified in section 148E.180 is required.
80.9 	(b) The board must replace a license wall certificate when:
80.10 	(1) a licensee submits an affidavit to the board that the original license wall 
80.11 	certificate was lost, stolen, or destroyed; and
80.12 	(2) the licensee submits the license wall certificate fee specified in section 148E.180.
80.13 	(c) The board must issue a revised license wall certificate when:
80.14 	(1) a licensee requests a revised license wall certificate according to this section; and
80.15 	(2) a licensee submits the license wall certificate fee specified in section 148E.180.
80.16 	(d) The board must issue an additional license wall certificate when:
80.17 	(1) a licensee submits a written request for a new certificate because the licensee 
80.18 	practices in more than one location; and
80.19 	(2) the licensee submits the license wall certificate fee specified in section 148E.180.
80.20 		Subd. 2.License card. (a) The board must issue a new license card when the 
80.21 	board issues a new license. No fee in addition to the applicable license fee specified 
80.22 	in section 148E.180 is required.
80.23 	(b) The board must replace a license card when a licensee submits:
80.24 	(1) an affidavit to the board that the original license card was lost, stolen, or 
80.25 	destroyed; and
80.26 	(2) the license card fee specified in section 148E.180.
80.27 	(c) The board must issue a revised license card when the licensee submits a written 
80.28 	request for a new license wall certificate because of a new professional or legal name 
80.29 	according to section 148E.090, subdivision 2 or 3. No fee in addition to the one specified 
80.30 	in subdivision 1, paragraph (b), is required.

80.31 	Sec. 82. [148E.100] LICENSED SOCIAL WORKERS; SUPERVISED 
80.32 	PRACTICE.
81.1 		Subdivision 1.Supervision required after licensure. After receiving a license 
81.2 	from the board as a licensed social worker, the licensed social worker must obtain at least 
81.3 	100 hours of supervision according to the requirements of this section.
81.4 		Subd. 2.Practice requirements. The supervision required by subdivision 1 must be 
81.5 	obtained during the first 4,000 hours of postbaccalaureate social work practice authorized 
81.6 	by law. At least four hours of supervision must be obtained during every 160 hours of 
81.7 	practice.
81.8 		Subd. 3.Types of supervision. Of the 100 hours of supervision required under 
81.9 	subdivision 1:
81.10 	(1) 50 hours must be provided through one-on-one supervision, including: (i) 
81.11 	a minimum of 25 hours of in-person supervision, and (ii) no more than 25 hours of 
81.12 	supervision via eye-to-eye electronic media; and
81.13 	(2) 50 hours must be provided through: (i) one-on-one supervision, or (ii) group 
81.14 	supervision. The supervision may be in-person, by telephone, or via eye-to-eye electronic 
81.15 	media. The supervision must not be provided by e-mail. Group supervision is limited to 
81.16 	six members not counting the supervisor or supervisors.
81.17 		Subd. 4.Supervisor requirements. The supervision required by subdivision 1 must 
81.18 	be provided by a supervisor who:
81.19 	(1) is a licensed social worker who has completed the supervised practice 
81.20 	requirements;
81.21 	(2) is a licensed graduate social worker, licensed independent social worker, or 
81.22 	licensed independent clinical social worker; or
81.23 	(3) meets the requirements specified in section 148E.120, subdivision 2.
81.24 		Subd. 5.Supervisee requirements. The supervisee must:
81.25 	(1) to the satisfaction of the supervisor, practice competently and ethically according 
81.26 	to professional social work knowledge, skills, and values;
81.27 	(2) receive supervision in the following content areas:
81.28 	(i) development of professional values and responsibilities;
81.29 	(ii) practice skills;
81.30 	(iii) authorized scope of practice;
81.31 	(iv) ensuring continuing competence; and
81.32 	(v) ethical standards of practice;
81.33 	(3) submit a supervision plan according to section 148E.125, subdivision 1; and
81.34 	(4) if the board audits the supervisee's supervised practice, submit verification of 
81.35 	supervised practice according to section 148E.125, subdivision 3.
82.1 		Subd. 6.After completion of supervision requirements. A licensed social worker 
82.2 	who fulfills the supervision requirements specified in subdivisions 1 to 5 is not required to 
82.3 	be supervised after completion of the supervision requirements.
82.4 		Subd. 7.Attestation. The social worker and the social worker's supervisor must 
82.5 	attest that the supervisee has met or has made progress on meeting the applicable 
82.6 	supervision requirements according to section 148E.125, subdivision 2.

82.7 	Sec. 83. [148E.105] LICENSED GRADUATE SOCIAL WORKERS WHO DO 
82.8 	NOT PRACTICE CLINICAL SOCIAL WORK; SUPERVISED PRACTICE.
82.9 		Subdivision 1.Supervision required after licensure. After receiving a license 
82.10 	from the board as a licensed graduate social worker, a licensed graduate social worker 
82.11 	must obtain at least 100 hours of supervision according to the requirements of this section.
82.12 		Subd. 2.Practice requirements. The supervision required by subdivision 1 must 
82.13 	be obtained during the first 4,000 hours of postgraduate social work practice authorized 
82.14 	by law. At least four hours of supervision must be obtained during every 160 hours of 
82.15 	practice.
82.16 		Subd. 3.Types of supervision. Of the 100 hours of supervision required under 
82.17 	subdivision 1:
82.18 	(1) 50 hours must be provided though one-on-one supervision, including: (i) 
82.19 	a minimum of 25 hours of in-person supervision, and (ii) no more than 25 hours of 
82.20 	supervision via eye-to-eye electronic media; and
82.21 	(2) 50 hours must be provided through: (i) one-on-one supervision, or (ii) group 
82.22 	supervision. The supervision may be in-person, by telephone, or via eye-to-eye electronic 
82.23 	media. The supervision must not be provided by e-mail. Group supervision is limited 
82.24 	to six supervisees.
82.25 		Subd. 4.Supervisor requirements. The supervision required by subdivision 1 must 
82.26 	be provided by a supervisor who meets the requirements specified in section 148E.120. 
82.27 	The supervision must be provided by a:
82.28 	(1) licensed independent social worker; 
82.29 	(2) licensed graduate social worker who has completed the supervised practice 
82.30 	requirements; 
82.31 	(3) licensed independent clinical social worker; or 
82.32 	(4) a supervisor who meets the requirements specified in section 148E.120, 
82.33 	subdivision 2.
82.34 		Subd. 5.Supervisee requirements. The supervisee must:
83.1 	(1) to the satisfaction of the supervisor, practice competently and ethically according 
83.2 	to professional social work knowledge, skills, and values;
83.3 	(2) receive supervision in the following content areas:
83.4 	(i) development of professional values and responsibilities;
83.5 	(ii) practice skills;
83.6 	(iii) authorized scope of practice;
83.7 	(iv) ensuring continuing competence; and
83.8 	(v) ethical standards of practice;
83.9 	(3) submit a supervision plan according to section 148E.125, subdivision 1; and
83.10 	(4) verify supervised practice according to section 148E.125, subdivision 3, if:
83.11 	(i) the board audits the supervisee's supervised practice; or
83.12 	(ii) a licensed graduate social worker applies for a licensed independent social 
83.13 	worker license.
83.14 		Subd. 6.Supervision not required after completion of supervision requirements.
 83.15 	A licensed graduate social worker who fulfills the supervision requirements specified in 
83.16 	subdivisions 1 to 5, and who does not practice clinical social work, is not required to be 
83.17 	supervised after completion of the supervision requirements.
83.18 		Subd. 7.Attestation. A social worker and the social worker's supervisor must attest 
83.19 	that the supervisee has met or has made progress on meeting the applicable supervision 
83.20 	requirements according to section 148E.125, subdivision 2.
83.21 		Subd. 8.Eligibility to apply for licensure as a licensed independent social 
83.22 	worker. Upon completion of 4,000 hours of social work practice, including at least 100 
83.23 	hours of supervision according to the requirements of this section, a licensed graduate 
83.24 	social worker is eligible to apply for a licensed independent social worker license 
83.25 	according to section 148E.110.

83.26 	Sec. 84. [148E.106] LICENSED GRADUATE SOCIAL WORKERS WHO 
83.27 	PRACTICE CLINICAL SOCIAL WORK; SUPERVISED PRACTICE.
83.28 		Subdivision 1.Supervision required after licensure. After receiving a license 
83.29 	from the board as a licensed graduate social worker, a licensed graduate social worker 
83.30 	must obtain at least 200 hours of supervision according to the requirements of this section.
83.31 		Subd. 2.Practice requirements. The supervision required by subdivision 1 must 
83.32 	be obtained during the first 4,000 hours of postgraduate social work practice authorized 
83.33 	by law. At least eight hours of supervision must be obtained during every 160 hours of 
83.34 	practice.
84.1 		Subd. 3.Types of supervision. Of the 200 hours of supervision required under 
84.2 	subdivision 1:
84.3 	(1) 100 hours must be provided through one-on-one supervision, including: (i) 
84.4 	a minimum of 50 hours of in-person supervision, and (ii) no more than 50 hours of 
84.5 	supervision via eye-to-eye electronic media; and
84.6 	(2) 100 hours must be provided through: (i) one-on-one supervision, or (ii) group 
84.7 	supervision. The supervision may be in-person, by telephone, or via eye-to-eye electronic 
84.8 	media. The supervision must not be provided by e-mail. Group supervision is limited 
84.9 	to six supervisees.
84.10 		Subd. 4.Supervisor requirements. The supervision required by subdivision 1 must 
84.11 	be provided by a supervisor who meets the requirements specified in section 148E.120. 
84.12 	The supervision must be provided:
84.13 	(1) by a licensed independent clinical social worker; or
84.14 	(2) by a supervisor who meets the requirements specified in section 148E.120, 
84.15 	subdivision 2.
84.16 		Subd. 5.Supervisee requirements. The supervisee must:
84.17 	(1) to the satisfaction of the supervisor, practice competently and ethically according 
84.18 	to professional social work knowledge, skills, and values;
84.19 	(2) receive supervision in the following content areas:
84.20 	(i) development of professional values and responsibilities;
84.21 	(ii) practice skills;
84.22 	(iii) authorized scope of practice;
84.23 	(iv) ensuring continuing competence; and
84.24 	(v) ethical standards of practice;
84.25 	(3) submit a supervision plan according to section 148E.125, subdivision 1; and 
84.26 	(4) verify supervised practice according to section 148E.125, subdivision 3, if:
84.27 	(i) the board audits the supervisee's supervised practice; or
84.28 	(ii) a licensed graduate social worker applies for a licensed independent clinical 
84.29 	social worker license.
84.30 		Subd. 6.Supervision required. A licensed graduate social worker must not engage 
84.31 	in clinical social work practice except under supervision by a licensed independent 
84.32 	clinical social worker or an alternate supervisor designated according to section 148E.120, 
84.33 	subdivision 2.
84.34 		Subd. 7.Limit on practice of clinical social work. (a) Except as provided in 
84.35 	subdivision 8, a licensed graduate social worker must not engage in clinical social work 
84.36 	practice under supervision for more than 8,000 hours. In order to practice clinical social 
85.1 	work for more than 8,000 hours, a licensed graduate social worker must obtain a licensed 
85.2 	independent clinical social worker license.
85.3 	(b) Notwithstanding the requirements of paragraph (a), the board may grant a 
85.4 	licensed graduate social worker permission to engage in clinical social work practice for 
85.5 	more than 8,000 hours if the licensed graduate social worker petitions the board and 
85.6 	demonstrates to the board's satisfaction that for reasons of personal hardship the licensed 
85.7 	graduate social worker should be granted an extension to continue practicing clinical 
85.8 	social work under supervision for up to an additional 2,000 hours.
85.9 		Subd. 8.Eligibility to apply for licensure as a licensed independent social 
85.10 	worker. Upon completion of 4,000 hours of clinical social work practice, including at 
85.11 	least 1,800 hours of direct clinical client contact and 200 hours of supervision according to 
85.12 	the requirements of this section, a licensed graduate social worker is eligible to apply for a 
85.13 	licensed independent clinical social worker license under section 148E.115, subdivision 1.
85.14 		Subd. 9.Attestation. A social worker and the social worker's supervisor must attest 
85.15 	that the supervisee has met or has made progress on meeting the applicable supervision 
85.16 	requirements according to section 148E.125, subdivision 2.

85.17 	Sec. 85. [148E.110] LICENSED INDEPENDENT SOCIAL WORKERS; 
85.18 	SUPERVISED PRACTICE.
85.19 		Subdivision 1.Supervision required before licensure. Before becoming licensed 
85.20 	as a licensed independent social worker, a person must have obtained at least 100 hours 
85.21 	of supervision during 4,000 hours of postgraduate social work practice required by law 
85.22 	according to the requirements of section 148E.105, subdivisions 3, 4, and 5. At least four 
85.23 	hours of supervision must be obtained during every 160 hours of practice.
85.24 		Subd. 2.Licensed independent social workers; clinical social work after 
85.25 	licensure. After licensure, a licensed independent social worker must not engage in 
85.26 	clinical social work practice except under supervision by a licensed independent clinical 
85.27 	social worker or an alternate supervisor designated according to section 148E.120, 
85.28 	subdivision 2.
85.29 		Subd. 3.Limit on practice of clinical social work. (a) Except as provided in 
85.30 	paragraph (b), a licensed independent social worker must not engage in clinical social 
85.31 	work practice under supervision for more than 8,000 hours. In order to practice clinical 
85.32 	social work for more than 8,000 hours, a licensed independent social worker must obtain a 
85.33 	licensed independent clinical social worker license.
85.34 	(b) Notwithstanding the requirements of paragraph (a), the board may grant a 
85.35 	licensed independent social worker permission to engage in clinical social work practice 
86.1 	for more than 8,000 hours if the licensed independent social worker petitions the board 
86.2 	and demonstrates to the board's satisfaction that for reasons of personal hardship the 
86.3 	licensed independent social worker should be granted an extension to continue practicing 
86.4 	clinical social work under supervision for up to an additional 2,000 hours.
86.5 		Subd. 4.Licensed independent social workers who do not practice clinical 
86.6 	social work after licensure. After licensure, a licensed independent social worker is not 
86.7 	required to be supervised if the licensed independent social worker does not practice 
86.8 	clinical social work.

86.9 	Sec. 86. [148E.115] LICENSED INDEPENDENT CLINICAL SOCIAL 
86.10 	WORKERS; SUPERVISION.
86.11 		Subdivision 1.Supervision required before licensure. Before becoming licensed 
86.12 	as a licensed independent clinical social worker, a person must have obtained at least 200 
86.13 	hours of supervision during 4,000 hours of postgraduate clinical practice required by law 
86.14 	according to the requirements of section 148E.106.
86.15 		Subd. 2.No supervision required after licensure. After licensure, a licensed 
86.16 	independent clinical social worker is not required to be supervised.

86.17 	Sec. 87. [148E.120] REQUIREMENTS OF SUPERVISORS.
86.18 		Subdivision 1.Supervisors licensed as social workers. (a) Except as provided in 
86.19 	paragraph (b), to be eligible to provide supervision under this section, a social worker must:
86.20 	(1) have at least 2,000 hours of experience in authorized social work practice. If 
86.21 	the person is providing clinical supervision, the 2,000 hours must include 1,000 hours of 
86.22 	experience in clinical practice;
86.23 	(2) have completed 30 hours of training in supervision through coursework from 
86.24 	an accredited college or university, or through continuing education in compliance with 
86.25 	sections 148E.130 to 148E.170;
86.26 	(3) be competent in the activities being supervised; and 
86.27 	(4) attest, on a form provided by the board, that the social worker has met the 
86.28 	applicable requirements specified in this section and sections 148E.100 to 148E.115. The 
86.29 	board may audit the information provided to determine compliance with the requirements 
86.30 	of this section.
86.31 	(b) If the board determines that supervision is not obtainable from an individual 
86.32 	meeting the requirements specified in paragraph (a), the board may approve an alternate 
86.33 	supervisor according to subdivision 2.
87.1 		Subd. 2.Alternate supervisors. (a) The board may approve an alternate supervisor 
87.2 	if:
87.3 	(1) the board determines that supervision is not obtainable according to paragraph 
87.4 	(b);
87.5 	(2) the licensee requests in the supervision plan submitted according to section 
87.6 	148E.125, subdivision 1, that an alternate supervisor conduct the supervision;
87.7 	(3) the licensee describes the proposed supervision and the name and qualifications 
87.8 	of the proposed alternate supervisor; and
87.9 	(4) the requirements of paragraph (d) are met.
87.10 	(b) The board may determine that supervision is not obtainable if:
87.11 	(1) the licensee provides documentation as an attachment to the supervision plan 
87.12 	submitted according to section 148E.125, subdivision 1, that the licensee has conducted a 
87.13 	thorough search for a supervisor meeting the applicable licensure requirements specified 
87.14 	in sections 148E.100 to 148E.115;
87.15 	(2) the licensee demonstrates to the board's satisfaction that the search was 
87.16 	unsuccessful; and
87.17 	(3) the licensee describes the extent of the search and the names and locations of 
87.18 	the persons and organizations contacted.
87.19 	(c) The requirements specified in paragraph (b) do not apply to obtaining supervision 
87.20 	for clinical practice if the board determines that there are five or fewer licensed 
87.21 	independent clinical social workers in the county where the licensee practices social work.
87.22 	(d) An alternate supervisor must:
87.23 	(1) be an unlicensed social worker who is employed in, and provides the supervision 
87.24 	in, a setting exempt from licensure by section 148E.065, and who has qualifications 
87.25 	equivalent to the applicable requirements specified in sections 148E.100 to 148E.115;
87.26 	(2) be a social worker engaged in authorized practice in Iowa, Manitoba, North 
87.27 	Dakota, Ontario, South Dakota, or Wisconsin, and has the qualifications equivalent to the 
87.28 	applicable requirements specified in sections 148E.100 to 148E.115; or
87.29 	(3) be a licensed marriage and family therapist or a mental health professional 
87.30 	as established by section 245.462, subdivision 18, or 245.4871, subdivision 27, or an 
87.31 	equivalent mental health professional, as determined by the board, who is licensed or 
87.32 	credentialed by a state, territorial, provincial, or foreign licensing agency.
87.33 	In order to qualify to provide clinical supervision of a licensed graduate social 
87.34 	worker or licensed independent social worker engaged in clinical practice, the alternate 
87.35 	supervisor must be a mental health professional as established by section 245.462, 
87.36 	subdivision 18, or 245.4871, subdivision 27, or an equivalent mental health professional, 
88.1 	as determined by the board, who is licensed or credentialed by a state, territorial, 
88.2 	provincial, or foreign licensing agency.

88.3 	Sec. 88. [148E.125] DOCUMENTATION OF SUPERVISION.
88.4 		Subdivision 1.Supervision plan. (a) A social worker must submit, on a form 
88.5 	provided by the board, a supervision plan for meeting the supervision requirements 
88.6 	specified in sections 148E.100 to 148E.120.
88.7 	(b) The supervision plan must be submitted no later than 90 days after the licensee 
88.8 	begins a social work practice position after becoming licensed.
88.9 	(c) For failure to submit the supervision plan within 90 days after beginning a social 
88.10 	work practice position, a licensee must pay the supervision plan late fee specified in 
88.11 	section 148E.180 when the licensee applies for license renewal.
88.12 	(d) A license renewal application submitted according to paragraph (a) must not be 
88.13 	approved unless the board has received a supervision plan.
88.14 	(e) The supervision plan must include the following:
88.15 	(1) the name of the supervisee, the name of the agency in which the supervisee is 
88.16 	being supervised, and the supervisee's position title;
88.17 	(2) the name and qualifications of the person providing the supervision;
88.18 	(3) the number of hours of one-on-one in-person supervision and the number and 
88.19 	type of additional hours of supervision to be completed by the supervisee;
88.20 	(4) the supervisee's position description;
88.21 	(5) a brief description of the supervision the supervisee will receive in the following 
88.22 	content areas:
88.23 	(i) clinical practice, if applicable;
88.24 	(ii) development of professional social work knowledge, skills, and values;
88.25 	(iii) practice methods;
88.26 	(iv) authorized scope of practice;
88.27 	(v) ensuring continuing competence; and
88.28 	(vi) ethical standards of practice; and
88.29 	(6) if applicable, a detailed description of the supervisee's clinical social work 
88.30 	practice, addressing:
88.31 	(i) the client population, the range of presenting issues, and the diagnoses;
88.32 	(ii) the clinical modalities that were utilized; and
88.33 	(iii) the process utilized for determining clinical diagnoses, including the diagnostic 
88.34 	instruments used and the role of the supervisee in the diagnostic process.
89.1 	(f) The board must receive a revised supervision plan within 90 days of any of the 
89.2 	following changes:
89.3 	(1) the supervisee has a new supervisor;
89.4 	(2) the supervisee begins a new social work position;
89.5 	(3) the scope or content of the supervisee's social work practice changes substantially;
89.6 	(4) the number of practice or supervision hours changes substantially; or
89.7 	(5) the type of supervision changes as supervision is described in section 148E.100, 
89.8 	subdivision 3, or 148E.105, subdivision 3, or as required in section 148E.115.
89.9 	(g) For failure to submit a revised supervision plan as required in paragraph (f), a 
89.10 	supervisee must pay the supervision plan late fee specified in section 148E.180, when 
89.11 	the supervisee applies for license renewal.
89.12 	(h) The board must approve the supervisor and the supervision plan.
89.13 		Subd. 2.Attestation. (a) When a supervisee submits renewal application materials 
89.14 	to the board, the supervisee and supervisor must submit an attestation providing the 
89.15 	following information on a form provided by the board:
89.16 	(1) the name of the supervisee, the name of the agency in which the supervisee is 
89.17 	being supervised, and the supervisee's position title;
89.18 	(2) the name and qualifications of the supervisor;
89.19 	(3) the number of hours and dates of each type of supervision completed;
89.20 	(4) the supervisee's position description;
89.21 	(5) a declaration that the supervisee has not engaged in conduct in violation of the 
89.22 	standards of practice specified in sections 148E.195 to 148E.240;
89.23 	(6) a declaration that the supervisee has practiced competently and ethically 
89.24 	according to professional social work knowledge, skills, and values; and
89.25 	(7) a list of the content areas in which the supervisee has received supervision, 
89.26 	including the following:
89.27 	(i) clinical practice, if applicable;
89.28 	(ii) development of professional social work knowledge, skills, and values;
89.29 	(iii) practice methods;
89.30 	(iv) authorized scope of practice;
89.31 	(v) ensuring continuing competence; and
89.32 	(vi) ethical standards of practice.
89.33 	(b) The information provided on the attestation form must demonstrate to the board's 
89.34 	satisfaction that the supervisee has met or has made progress on meeting the applicable 
89.35 	supervised practice requirements.
90.1 		Subd. 3.Verification of supervised practice. (a) In addition to receiving the 
90.2 	attestation required under subdivision 2, the board must receive verification of supervised 
90.3 	practice if:
90.4 	(1) the board audits the supervision of a supervisee; or
90.5 	(2) an applicant applies for a license as a licensed independent social worker or as a 
90.6 	licensed independent clinical social worker.
90.7 	(b) When verification of supervised practice is required according to paragraph (a), 
90.8 	the board must receive from the supervisor the following information on a form provided 
90.9 	by the board:
90.10 	(1) the name of the supervisee, the name of the agency in which the supervisee is 
90.11 	being supervised, and the supervisee's position title;
90.12 	(2) the name and qualifications of the supervisor;
90.13 	(3) the number of hours and dates of each type of supervision completed;
90.14 	(4) the supervisee's position description;
90.15 	(5) a declaration that the supervisee has not engaged in conduct in violation of the 
90.16 	standards of practice specified in sections 148E.195 to 148E.240;
90.17 	(6) a declaration that the supervisee has practiced ethically and competently 
90.18 	according to professional social work knowledge, skills, and values;
90.19 	(7) a list of the content areas in which the supervisee has received supervision, 
90.20 	including the following:
90.21 	(i) clinical practice, if applicable;
90.22 	(ii) development of professional social work knowledge, skills, and values;
90.23 	(iii) practice methods;
90.24 	(iv) authorized scope of practice;
90.25 	(v) ensuring continuing competence; and
90.26 	(vi) ethical standards of practice; and
90.27 	(8) if applicable, a detailed description of the supervisee's clinical social work 
90.28 	practice, addressing:
90.29 	(i) the client population, the range of presenting issues, and the diagnoses;
90.30 	(ii) the clinical modalities that were utilized; and
90.31 	(iii) the process utilized for determining clinical diagnoses, including the diagnostic 
90.32 	instruments used and the role of the supervisee in the diagnostic process.
90.33 	(c) The information provided on the verification form must demonstrate to the board's 
90.34 	satisfaction that the supervisee has met the applicable supervised practice requirements.
90.35 		Subd. 4.Alternative verification of supervised practice. Notwithstanding the 
90.36 	requirements of subdivision 3, the board may accept alternative verification of supervised 
91.1 	practice if a supervisee demonstrates to the satisfaction of the board that the supervisee is 
91.2 	unable to locate a former supervisor to provide the required information.

91.3 	Sec. 89. [148E.130] CLOCK HOURS REQUIRED.
91.4 		Subdivision 1.Total clock hours required. At the time of license renewal, a 
91.5 	licensee must provide evidence satisfactory to the board that the licensee has, during the 
91.6 	renewal term, completed at least 40 clock hours of continuing education.
91.7 		Subd. 2.Ethics requirement. At least two of the clock hours required under 
91.8 	subdivision 1 must be in social work ethics.
91.9 		Subd. 3.Requirement for LICSWs. For licensed independent clinical social 
91.10 	workers, at least 24 of the clock hours required under subdivision 1 must be in the clinical 
91.11 	content areas specified in section 148E.055, subdivision 5.
91.12 		Subd. 4.Requirement for supervisors. For social workers providing supervision 
91.13 	according to sections 148E.100 to 148E.125, at least six of the clock hours required under 
91.14 	subdivision 1 must be in the practice of supervision.
91.15 		Subd. 5.Independent study. Independent study must not consist of more than ten 
91.16 	clock hours of continuing education per renewal term. Independent study must be for 
91.17 	publication, public presentation, or professional development. Independent study includes, 
91.18 	but is not limited to, electronic study. For purposes of subdivision 6, independent study 
91.19 	includes consultation with an experienced supervisor regarding the practice of supervision.
91.20 		Subd. 6.Coursework. One credit of coursework in a semester-based academic 
91.21 	institution is the equivalent of 15 clock hours.
91.22 		Subd. 7.Prorated renewal term. If the licensee's renewal term is prorated to be 
91.23 	less or more than 24 months, the required number of continuing education clock hours is 
91.24 	prorated proportionately.

91.25 	Sec. 90. [148E.135] APPROVAL OF CLOCK HOURS.
91.26 		Subdivision 1.Ways of approving clock hours. The clock hours required under 
91.27 	section 148E.130 must be approved in one or more of the following ways:
91.28 	(1) the hours must be offered by a continuing education provider approved by the 
91.29 	board;
91.30 	(2) the hours must be offered by a continuing education provider approved by the 
91.31 	Association of Social Work Boards or a similar examination body designated by the board;
91.32 	(3) the hours must be earned through a continuing education program approved by 
91.33 	the National Association of Social Workers; or
92.1 	(4) the hours must be earned through a continuing education program approved 
92.2 	by the board.
92.3 		Subd. 2.Preapproval not required. Providers and programs are not required to be 
92.4 	preapproved but must meet the requirements specified in this section.

92.5 	Sec. 91. [148E.140] VARIANCES.
92.6 	The board may grant a variance to the continuing education requirements specified 
92.7 	in section 148E.130, when a licensee demonstrates to the satisfaction of the board that the 
92.8 	licensee is unable to complete the required number of clock hours during the renewal term. 
92.9 	The board may allow a licensee to complete the required number of clock hours within a 
92.10 	time frame specified by the board. The board must not allow a licensee to complete less 
92.11 	than the required number of clock hours.

92.12 	Sec. 92. [148E.145] CONTINUING EDUCATION PROVIDERS APPROVED 
92.13 	BY BOARD.
92.14 		Subdivision 1.Board approval. (a) The board must approve a continuing education 
92.15 	provider who:
92.16 	(1) submits a completed application to the board which provides the information 
92.17 	required by subdivision 2 and which meets the criteria specified in subdivision 3; and
92.18 	(2) pays the provider fee specified in section 148E.180.
92.19 	(b) An approval is valid for programs offered no later than one year from the date 
92.20 	the application is approved by the board.
92.21 		Subd. 2.Information required. The information that must be provided to the board 
92.22 	includes, but is not limited to, the following:
92.23 	(1) the name of the continuing education provider;
92.24 	(2) the address, telephone number, and e-mail address of a contact person for the 
92.25 	provider;
92.26 	(3) a signed statement that indicates the provider understands and agrees to abide by 
92.27 	the criteria specified in subdivision 3; and
92.28 	(4) a signed statement that indicates the provider agrees to furnish a certificate of 
92.29 	attendance to each participant in a program offered by the provider.
92.30 		Subd. 3.Criteria for programs. (a) A continuing education provider must employ 
92.31 	the following criteria in determining whether to offer a continuing education program:
92.32 	(1) whether the material to be presented will promote the standards of practice 
92.33 	described in sections 148E.195 to 148E.240;
93.1 	(2) whether the material to be presented will contribute to the practice of social work 
93.2 	as defined in section 148E.010;
93.3 	(3) whether the material to be presented is intended for the benefit of practicing 
93.4 	social workers; and
93.5 	(4) whether the persons presenting the program are qualified in the subject matter 
93.6 	being presented.
93.7 	(b) The material presented must not be primarily procedural or primarily oriented 
93.8 	towards business practices or self-development.
93.9 		Subd. 4.Audits. (a) The board may audit programs offered by a continuing 
93.10 	education provider approved by the board to determine compliance with the requirements 
93.11 	of this section.
93.12 	(b) A continuing education provider audited by the board must provide the 
93.13 	documentation specified in subdivision 5.
93.14 		Subd. 5.Records retention; continuing education providers. For three years 
93.15 	following the end of each program offered by a continuing education provider, the 
93.16 	provider must maintain the following information:
93.17 	(1) the title of the program;
93.18 	(2) a description of the content and objectives of the program;
93.19 	(3) the date of the program;
93.20 	(4) the number of clock hours credited for participation in the program;
93.21 	(5) the program location;
93.22 	(6) the names and qualifications of the primary presenters;
93.23 	(7) a description of the primary audience the program was designed for; and
93.24 	(8) a list of the participants in the program.

93.25 	Sec. 93. [148E.150] APPROVED CONTINUING EDUCATION PROVIDERS.
93.26 	In order to receive credit for a program offered by a continuing education provider 
93.27 	approved by the Association of Social Work Boards or a similar examination body 
93.28 	designated by the board, the provider must be listed on the Association of Social Work 
93.29 	Boards Web site as a provider currently approved by the Association of Social Work 
93.30 	Boards or a similar examination body designated by the board.

93.31 	Sec. 94. [148E.155] APPROVED CONTINUING EDUCATION PROGRAMS.
93.32 	In order to receive credit for a program approved by the National Association of 
93.33 	Social Workers, the program must be listed on the National Association of Social Workers 
93.34 	Web site as a program currently approved by the National Association of Social Workers.

94.1 	Sec. 95. [148E.160] CONTINUING EDUCATION PROGRAMS APPROVED 
94.2 	BY BOARD.
94.3 		Subdivision 1.Required program content. In order to be approved by the board, a 
94.4 	continuing education program must:
94.5 	(1) promote the standards of practice described in sections 148E.195 to 148E.240;
94.6 	(2) contribute to the practice of social work as defined in section 148E.010; and
94.7 	(3) not be primarily procedural or be primarily oriented towards business practices 
94.8 	or self-development.
94.9 		Subd. 2.Types of continuing education programs. In order to be approved by 
94.10 	the board, a continuing education program must be one of the following: academic 
94.11 	coursework offered by an institution of higher learning; educational workshops, seminars, 
94.12 	or conferences offered by an organization or individual; staff training offered by a public 
94.13 	or private employer; or independent study.

94.14 	Sec. 96. [148E.165] CONTINUING EDUCATION REQUIREMENTS OF 
94.15 	LICENSEES.
94.16 		Subdivision 1.Records retention; licensees. For one year following the expiration 
94.17 	date of a license, the licensee must maintain documentation of clock hours earned during 
94.18 	the previous renewal term. The documentation must include the following:
94.19 	(1) for educational workshops or seminars offered by an organization or at a 
94.20 	conference, a copy of the certificate of attendance issued by the presenter or sponsor 
94.21 	giving the following information:
94.22 	(i) the name of the sponsor or presenter of the program;
94.23 	(ii) the title of the workshop or seminar;
94.24 	(iii) the dates the licensee participated in the program; and
94.25 	(iv) the number of clock hours completed;
94.26 	(2) for academic coursework offered by an institution of higher learning, a copy of a 
94.27 	transcript giving the following information:
94.28 	(i) the name of the institution offering the course;
94.29 	(ii) the title of the course;
94.30 	(iii) the dates the licensee participated in the course; and
94.31 	(iv) the number of credits completed;
94.32 	(3) for staff training offered by public or private employers, a copy of the certificate 
94.33 	of attendance issued by the employer giving the following information:
94.34 	(i) the name of the employer;
94.35 	(ii) the title of the staff training;
95.1 	(iii) the dates the licensee participated in the program; and
95.2 	(iv) the number of clock hours completed; and
95.3 	(4) for independent study, including electronic study, a written summary of the study 
95.4 	conducted, including the following information:
95.5 	(i) the topics studied;
95.6 	(ii) a description of the applicability of the study to the licensee's authorized scope of 
95.7 	practice;
95.8 	(iii) the titles and authors of books and articles consulted or the name of the 
95.9 	organization offering the study;
95.10 	(iv) the dates the licensee conducted the study; and
95.11 	(v) the number of clock hours the licensee conducted the study.
95.12 		Subd. 2.Audits. The board may audit license renewal and reactivation applications 
95.13 	to determine compliance with the requirements of sections 148E.130 to 148E.170. A 
95.14 	licensee audited by the board must provide the documentation specified in subdivision 
95.15 	1 regardless of whether the provider or program has been approved by the board, the 
95.16 	Association of Social Work Boards, or a similar examination body designated by the 
95.17 	board, or the National Association of Social Workers.

95.18 	Sec. 97. [148E.170] REVOCATION OF CONTINUING EDUCATION 
95.19 	APPROVALS.
95.20 	The board may revoke approval of a provider or of a program offered by a provider, 
95.21 	or of an individual program approved by the board, if the board determines subsequent 
95.22 	to the approval that the provider or program failed to meet the requirements of sections 
95.23 	148E.130 to 148E.170.

95.24 	Sec. 98. [148E.175] FEES.
95.25 	The fees specified in section 148E.180 are nonrefundable and must be deposited in 
95.26 	the state government special revenue fund.

95.27 	Sec. 99. [148E.180] FEE AMOUNTS.
95.28 		Subdivision 1.Application fees. Application fees for licensure are as follows:
95.29 	(1) for a licensed social worker, $45;
95.30 	(2) for a licensed graduate social worker, $45;
95.31 	(3) for a licensed independent social worker, $90;
95.32 	(4) for a licensed independent clinical social worker, $90;
95.33 	(5) for a temporary license, $50; and
96.1 	(6) for a licensure by endorsement, $150.
96.2 	The fee for criminal background checks is the fee charged by the Bureau of Criminal 
96.3 	Apprehension. The criminal background check fee must be included with the application 
96.4 	fee as required according to section 148E.055.
96.5 		Subd. 2.License fees. License fees are as follows:
96.6 	(1) for a licensed social worker, $115.20;
96.7 	(2) for a licensed graduate social worker, $201.60;
96.8 	(3) for a licensed independent social worker, $302.40;
96.9 	(4) for a licensed independent clinical social worker, $331.20;
96.10 	(5) for an emeritus license, $43.20; and
96.11 	(6) for a temporary leave fee, the same as the renewal fee specified in subdivision 3.
96.12 	If the licensee's initial license term is less or more than 24 months, the required 
96.13 	license fees must be prorated proportionately.
96.14 		Subd. 3.Renewal fees. Renewal fees for licensure are as follows:
96.15 	(1) for a licensed social worker, $115.20;
96.16 	(2) for a licensed graduate social worker, $201.60;
96.17 	(3) for a licensed independent social worker, $302.40; and
96.18 	(4) for a licensed independent clinical social worker, $331.20.
96.19 		Subd. 4.Continuing education provider fees. Continuing education provider 
96.20 	fees are as follows:
96.21 	(1) for a provider who offers programs totaling one to eight clock hours in a one-year 
96.22 	period according to section 148E.145, $50;
96.23 	(2) for a provider who offers programs totaling nine to 16 clock hours in a one-year 
96.24 	period according to section 148E.145, $100;
96.25 	(3) for a provider who offers programs totaling 17 to 32 clock hours in a one-year 
96.26 	period according to section 148E.145, $200;
96.27 	(4) for a provider who offers programs totaling 33 to 48 clock hours in a one-year 
96.28 	period according to section 148E.145, $400; and
96.29 	(5) for a provider who offers programs totaling 49 or more clock hours in a one-year 
96.30 	period according to section 148E.145, $600.
96.31 		Subd. 5.Late fees. Late fees are as follows:
96.32 	(1) renewal late fee, one-half of the renewal fee specified in subdivision 3; and
96.33 	(2) supervision plan late fee, $40.
96.34 		Subd. 6.License cards and wall certificates. (a) The fee for a license card as 
96.35 	specified in section 148E.095 is $10.
96.36 	(b) The fee for a license wall certificate as specified in section 148E.095 is $30.
97.1 		Subd. 7.Reactivation fees. Reactivation fees are as follows:
97.2 	(1) reactivation from a temporary leave or emeritus status, the prorated share of the 
97.3 	renewal fee specified in subdivision 3; and
97.4 	(2) reactivation of an expired license, 1-1/2 times the renewal fees specified in 
97.5 	subdivision 3.

97.6 	Sec. 100. [148E.185] PURPOSE OF COMPLIANCE LAWS.
97.7 	The purpose of sections 148E.185 to 148E.290 is to protect the public by ensuring 
97.8 	that all persons licensed as social workers meet minimum standards of practice. The 
97.9 	board shall promptly and fairly investigate and resolve all complaints alleging violations 
97.10 	of statutes and rules that the board is empowered to enforce and (1) take appropriate 
97.11 	disciplinary action, adversarial action, or other action justified by the facts, or (2) enter 
97.12 	into corrective action agreements or stipulations to cease practice, when doing so is 
97.13 	consistent with the board's obligation to protect the public.

97.14 	Sec. 101. [148E.190] GROUNDS FOR ACTION.
97.15 		Subdivision 1.Scope. The grounds for action in subdivisions 2 to 4 and the 
97.16 	standards of practice requirements in sections 148E.195 to 148E.240 apply to all licensees 
97.17 	and applicants.
97.18 		Subd. 2.Violations. The board has grounds to take action according to sections 
97.19 	148E.255 to 148E.270 when a social worker violates:
97.20 	(1) a statute or rule enforced by the board, including this section and sections 
97.21 	148E.195 to 148E.240;
97.22 	(2) a federal or state law or rule related to the practice of social work; or
97.23 	(3) an order, stipulation, or agreement agreed to or issued by the board.
97.24 		Subd. 3.Conduct before licensure. A violation of the requirements specified in this 
97.25 	section and sections 148E.195 to 148E.240 is grounds for the board to take action under 
97.26 	sections 148E.255 to 148E.270. The board's jurisdiction to exercise the powers provided in 
97.27 	this section extends to an applicant or licensee's conduct that occurred before licensure if:
97.28 	(1) the conduct did not meet the minimum accepted and prevailing standards of 
97.29 	professional social work practice at the time the conduct occurred; or
97.30 	(2) the conduct adversely affects the applicant or licensee's present ability to practice 
97.31 	social work in conformity with the requirements of sections 148E.195 to 148E.240.
97.32 		Subd. 4.Unauthorized practice. The board has grounds to take action according 
97.33 	to sections 148E.255 to 148E.270 when a social worker:
97.34 	(1) practices outside the scope of practice authorized by section 148E.050;
98.1 	(2) engages in the practice of social work without a social work license under 
98.2 	section 148E.055 or 148E.060, except when the social worker is exempt from licensure 
98.3 	under section 148E.065;
98.4 	(3) provides social work services to a client who receives social work services in 
98.5 	this state, and is not licensed under section 148E.055 or 148E.060, except when the social 
98.6 	worker is exempt from licensure under section 148E.065.

98.7 	Sec. 102. [148E.195] REPRESENTATIONS TO CLIENTS AND PUBLIC.
98.8 		Subdivision 1.Required displays and information for clients. (a) A social worker 
98.9 	must conspicuously display at the social worker's places of practice, or make available as 
98.10 	a handout for all clients, information that the client has the right to the following:
98.11 	(1) to be informed of the social worker's license status, education, training, and 
98.12 	experience;
98.13 	(2) to examine public data on the social worker maintained by the board;
98.14 	(3) to report a complaint about the social worker's practice to the board; and
98.15 	(4) to be informed of the board's mailing address, e-mail address, Web site address, 
98.16 	and telephone number.
98.17 	(b) A social worker must conspicuously display the social worker's wall certificate at 
98.18 	the social worker's places of practice and office locations. Additional wall certificates may 
98.19 	be requested according to section 148E.095.
98.20 		Subd. 2.Representations. (a) No applicant or other individual may be represented 
98.21 	to the public by any title incorporating the words "social work" or "social worker" unless 
98.22 	the individual holds a license according to sections 148E.055 and 148E.060 or practices in 
98.23 	a setting exempt from licensure according to section 148E.065.
98.24 	(b) In all professional use of a social worker's name, the social worker must use 
98.25 	the license designation "LSW" or "licensed social worker" for a licensed social worker, 
98.26 	"LGSW" or "licensed graduate social worker" for a licensed graduate social worker, 
98.27 	"LISW" or "licensed independent social worker" for a licensed independent social worker, 
98.28 	or "LICSW" or "licensed independent clinical social worker" for a licensed independent 
98.29 	clinical social worker.
98.30 	(c) Public statements or advertisements must not be untruthful, misleading, false, 
98.31 	fraudulent, deceptive, or potentially exploitative of clients, former clients, interns, 
98.32 	students, supervisees, or the public.
98.33 	(d) A social worker must not:
98.34 	(1) use licensure status as a claim, promise, or guarantee of successful service;
98.35 	(2) obtain a license by cheating or employing fraud or deception;
99.1 	(3) make false statements or misrepresentations to the board or in materials 
99.2 	submitted to the board; or
99.3 	(4) engage in conduct that has the potential to deceive or defraud a social work 
99.4 	client, intern, student, supervisee, or the public.
99.5 		Subd. 3.Information on credentials. (a) A social worker must provide accurate 
99.6 	and factual information concerning the social worker's credentials, education, training, 
99.7 	and experience when the information is requested by clients, potential clients, or other 
99.8 	persons or organizations.
99.9 	(b) A social worker must not misrepresent directly or by implication the social 
99.10 	worker's license, degree, professional certifications, affiliations, or other professional 
99.11 	qualifications in any oral or written communications to clients, potential clients, or other 
99.12 	persons or organizations. A social worker must take reasonable steps to prevent such 
99.13 	misrepresentations by other social workers.
99.14 	(c) A social worker must not hold out as a person licensed as a social worker without 
99.15 	having a social work license according to sections 148E.055 and 148E.060.
99.16 	(d) A social worker must not misrepresent directly or by implication (1) affiliations 
99.17 	with institutions or organizations, or (2) purposes or characteristics of institutions or 
99.18 	organizations with which the social worker is or has been affiliated.

99.19 	Sec. 103. [148E.200] COMPETENCE.
99.20 		Subdivision 1.Competence. (a) A social worker must provide services and hold 
99.21 	out as competent only to the extent the social worker's education, training, license, 
99.22 	consultation received, supervision experience, or other relevant professional experience 
99.23 	demonstrate competence in the services provided. A social worker must make a referral 
99.24 	to a competent professional when the services required are beyond the social worker's 
99.25 	competence or authorized scope of practice.
99.26 	(b) When generally recognized standards do not exist with respect to an emerging 
99.27 	area of practice, including but not limited to providing social work services through 
99.28 	electronic means, a social worker must take the steps necessary, such as consultation or 
99.29 	supervision, to ensure the competence of the social worker's work and to protect clients 
99.30 	from harm.
99.31 		Subd. 2.Supervision or consultation. Notwithstanding the completion of 
99.32 	supervision requirements as specified in sections 148E.100 to 148E.125, a social worker 
99.33 	must obtain supervision or engage in consultation when appropriate or necessary for 
99.34 	competent and ethical practice.
100.1 		Subd. 3.Delegation of social work responsibilities. (a) A social worker must not 
100.2 	delegate a social work responsibility to another individual when the social worker knows 
100.3 	or reasonably should know that the individual is not licensed when required to be licensed 
100.4 	according to sections 148E.055 and 148E.060.
100.5 	(b) A social worker must not delegate a social work responsibility to another 
100.6 	individual when the social worker knows or reasonably should know that the individual is 
100.7 	not competent to assume the responsibility or perform the task.

100.8 	Sec. 104. [148E.205] IMPAIRMENT.
100.9 		Subdivision 1.Grounds for action. The board has grounds to take action under 
100.10 	sections 148E.255 to 148E.270 when a social worker is unable to practice with reasonable 
100.11 	skill and safety by reason of illness, use of alcohol, drugs, chemicals, or any other 
100.12 	materials, or as a result of any mental, physical, or psychological condition.
100.13 		Subd. 2.Self-reporting. A social worker regulated by the board who is unable 
100.14 	to practice with reasonable skill and safety by reason of illness, use of alcohol, drugs, 
100.15 	chemicals, or any other materials, or as a result of any mental, physical, or psychological 
100.16 	condition, must report to the board or the health professionals services program.

100.17 	Sec. 105. [148E.210] PROFESSIONAL AND ETHICAL CONDUCT.
100.18 	The board has grounds to take action under sections 148E.255 to 148E.270 when a 
100.19 	social worker:
100.20 	(1) engages in unprofessional or unethical conduct, including any departure from 
100.21 	or failure to conform to the minimum accepted ethical and other prevailing standards of 
100.22 	professional social work practice, without actual injury to a social work client, intern, 
100.23 	student, supervisee, or the public needing to be established;
100.24 	(2) engages in conduct that has the potential to cause harm to a client, intern, 
100.25 	student, supervisee, or the public;
100.26 	(3) demonstrates a willful or careless disregard for the health, welfare, or safety of 
100.27 	a client, intern, student, or supervisee; or
100.28 	(4) engages in acts or conduct adversely affecting the applicant or licensee's current 
100.29 	ability or fitness to engage in social work practice, whether or not the acts or conduct 
100.30 	occurred while engaged in the practice of social work.

100.31 	Sec. 106. [148E.215] RESPONSIBILITIES TO CLIENTS.
101.1 		Subdivision 1.Responsibility to clients. A social worker's primary professional 
101.2 	responsibility is to the client. A social worker must respect the client's interests, including 
101.3 	the interest in self-determination, except when required to do otherwise by law.
101.4 		Subd. 2.Nondiscrimination. A social worker must not discriminate against 
101.5 	a client, intern, student, or supervisee or in providing services to a client, intern, or 
101.6 	supervisee on the basis of age, gender, sexual orientation, race, color, national origin, 
101.7 	religion, illness, disability, political affiliation, or social or economic status.
101.8 		Subd. 3.Research. When undertaking research activities, a social worker must 
101.9 	use accepted protocols for the protection of human subjects, including (1) establishing 
101.10 	appropriate safeguards to protect the subject's vulnerability, and (2) obtaining the subjects' 
101.11 	informed consent.

101.12 	Sec. 107. [148E.220] RELATIONSHIPS WITH CLIENTS, FORMER CLIENTS, 
101.13 	AND OTHERS.
101.14 		Subdivision 1.Social worker responsibility. (a) A social worker is responsible for 
101.15 	acting professionally in relationships with clients or former clients. A client or a former 
101.16 	client's initiation of, or attempt to engage in, or request to engage in, a personal, sexual, or 
101.17 	business relationship is not a defense to a violation of this section.
101.18 	(b) When a relationship is permitted by this section, social workers who engage in 
101.19 	such a relationship assume the full burden of demonstrating that the relationship will not 
101.20 	be detrimental to the client or the professional relationship.
101.21 		Subd. 2.Professional boundaries. A social worker must maintain appropriate 
101.22 	professional boundaries with a client. A social worker must not engage in practices with 
101.23 	clients that create an unacceptable risk of client harm or of impairing a social worker's 
101.24 	objectivity or professional judgment. A social worker must not act or fail to act in a way 
101.25 	that, as judged by a reasonable and prudent social worker, inappropriately encourages 
101.26 	the client to relate to the social worker outside of the boundaries of the professional 
101.27 	relationship, or in a way that interferes with the client's ability to benefit from social work 
101.28 	services from the social worker.
101.29 		Subd. 3.Misuse of professional relationship. A social worker must not use the 
101.30 	professional relationship with a client, student, supervisee, or intern to further the social 
101.31 	worker's personal, emotional, financial, sexual, religious, political, or business benefit or 
101.32 	interests.
101.33 		Subd. 4.Improper termination. A social worker must not terminate a professional 
101.34 	relationship for the purpose of beginning a personal, sexual, or business relationship 
101.35 	with a client.
102.1 		Subd. 5.Personal relationship with a client. (a) Except as provided in paragraph 
102.2 	(b), a social worker must not engage in a personal relationship with a client that creates a 
102.3 	risk of client harm or of impairing a social worker's objectivity or professional judgment.
102.4 	(b) Notwithstanding paragraph (a), if a social worker is unable to avoid a personal 
102.5 	relationship with a client, the social worker must take appropriate precautions, such as 
102.6 	consultation or supervision, to address the potential for risk of client harm or of impairing 
102.7 	a social worker's objectivity or professional judgment.
102.8 		Subd. 6.Personal relationship with a former client. A social worker may 
102.9 	engage in a personal relationship with a former client after appropriate termination of the 
102.10 	professional relationship, except:
102.11 	(1) as prohibited by subdivision 8; or
102.12 	(2) if a reasonable and prudent social worker would conclude after appropriate 
102.13 	assessment that (i) the former client is emotionally dependent on the social worker or 
102.14 	continues to relate to the social worker as a client, or (ii) the social worker is emotionally 
102.15 	dependent on the client or continues to relate to the former client as a social worker.
102.16 		Subd. 7.Sexual conduct with a client. A social worker must not engage in or 
102.17 	suggest sexual conduct with a client.
102.18 		Subd. 8.Sexual conduct with a former client. (a) A social worker who has 
102.19 	engaged in diagnosing, counseling, or treating a client with mental, emotional, or 
102.20 	behavioral disorders must not engage in or suggest sexual conduct with the former client 
102.21 	under any circumstances for a period of two years following the termination of the 
102.22 	professional relationship. After two years following the termination of the professional 
102.23 	relationship, a social worker who has engaged in diagnosing, counseling, or treating 
102.24 	a client with a mental, emotional, or behavioral disorder must not engage in or suggest 
102.25 	sexual conduct with the former client under any circumstances unless:
102.26 	(1) the social worker did not intentionally or unintentionally coerce, exploit, deceive, 
102.27 	or manipulate the former client at any time;
102.28 	(2) the social worker did not represent to the former client that sexual conduct with 
102.29 	the social worker is consistent with or part of the client's treatment;
102.30 	(3) the social worker's sexual conduct was not detrimental to the former client at 
102.31 	any time;
102.32 	(4) the former client is not emotionally dependent on the social worker and does 
102.33 	not continue to relate to the social worker as a client; and
102.34 	(5) the social worker is not emotionally dependent on the client and does not 
102.35 	continue to relate to the former client as a social worker.
103.1 	(b) If there is an alleged violation of paragraph (a), the social worker assumes the 
103.2 	full burden of demonstrating to the board that the social worker did not intentionally or 
103.3 	unintentionally coerce, exploit, deceive, or manipulate the client, and the social worker's 
103.4 	sexual conduct was not detrimental to the client at any time. Upon request, a social worker 
103.5 	must provide information to the board addressing:
103.6 	(1) the amount of time that has passed since termination of services;
103.7 	(2) the duration, intensity, and nature of services;
103.8 	(3) the circumstances of termination of services;
103.9 	(4) the former client's emotional, mental, and behavioral history;
103.10 	(5) the former client's current emotional, mental, and behavioral status;
103.11 	(6) the likelihood of adverse impact on the former client; and
103.12 	(7) the existence of actions, conduct, or statements made by the social worker during 
103.13 	the course of services suggesting or inviting the possibility of a sexual relationship with 
103.14 	the client following termination of services.
103.15 	(c) A social worker who has provided social work services other than those 
103.16 	described in paragraph (a) to a client must not engage in or suggest sexual conduct 
103.17 	with the former client if a reasonable and prudent social worker would conclude after 
103.18 	appropriate assessment that engaging in such behavior with the former client would create 
103.19 	an unacceptable risk of harm to the former client.
103.20 		Subd. 9.Sexual conduct with student, supervisee, or intern. (a) A social worker 
103.21 	must not engage in or suggest sexual conduct with a student while the social worker has 
103.22 	authority over any part of the student's academic program.
103.23 	(b) A social worker supervising an intern must not engage in or suggest sexual 
103.24 	conduct with the intern during the course of the internship.
103.25 	(c) A social worker practicing social work as a supervisor must not engage in or 
103.26 	suggest sexual conduct with a supervisee during the period of supervision.
103.27 		Subd. 10.Sexual harassment. A social worker must not engage in any physical, 
103.28 	oral, written, or electronic behavior that a client, former client, student, supervisee, or 
103.29 	intern may reasonably interpret as sexually harassing or sexually demeaning.
103.30 		Subd. 11.Business relationship with client. A social worker must not purchase 
103.31 	goods or services from a client or otherwise engage in a business relationship with a 
103.32 	client except when:
103.33 	(1) a social worker purchases goods or services from the client and a reasonable and 
103.34 	prudent social worker would determine that it is not practical or reasonable to obtain the 
103.35 	goods or services from another provider; and
104.1 	(2) engaging in the business relationship will not be detrimental to the client or the 
104.2 	professional relationship.
104.3 		Subd. 12.Business relationship with former client. A social worker may purchase 
104.4 	goods or services from a former client or otherwise engage in a business relationship with 
104.5 	a former client after appropriate termination of the professional relationship unless a 
104.6 	reasonable and prudent social worker would conclude after appropriate assessment that:
104.7 	(1) the former client is emotionally dependent on the social worker and purchasing 
104.8 	goods or services from the former client or otherwise engaging in a business relationship 
104.9 	with the former client would be detrimental to the former client; or
104.10 	(2) the social worker is emotionally dependent on the former client and purchasing 
104.11 	goods or services from the former client or otherwise engaging in a business relationship 
104.12 	with the former client would be detrimental to the former client.
104.13 		Subd. 13.Previous sexual, personal, or business relationship. (a) A social worker 
104.14 	must not engage in a social worker/client relationship with an individual with whom the 
104.15 	social worker had a previous sexual relationship.
104.16 	(b) A social worker must not engage in a social worker/client relationship with an 
104.17 	individual with whom the social worker had a previous personal or business relationship if 
104.18 	a reasonable and prudent social worker would conclude after appropriate assessment that 
104.19 	the social worker/client relationship would create an unacceptable risk of client harm or 
104.20 	that the social worker's objectivity or professional judgment may be impaired.
104.21 		Subd. 14.Giving alcohol or other drugs to client. (a) Unless authorized by law, a 
104.22 	social worker must not offer medication or controlled substances to a client.
104.23 	(b) A social worker must not accept medication or controlled substances from 
104.24 	a client, except that if authorized by law, a social worker may accept medication or 
104.25 	controlled substances from a client for purposes of disposal or to monitor use.
104.26 	(c) A social worker must not offer alcoholic beverages to a client except when 
104.27 	the offer is authorized or prescribed by a physician or is offered according to a client's 
104.28 	care plan.
104.29 	(d) A social worker must not accept alcoholic beverages from a client.
104.30 		Subd. 15.Relationship with client's family or household member. Subdivisions 
104.31 	1 to 14 apply to a social worker's relationship with a client's family or household member 
104.32 	when a reasonable and prudent social worker would conclude after appropriate assessment 
104.33 	that a relationship with a family or household member would create an unacceptable 
104.34 	risk of harm to the client.

104.35 	Sec. 108. [148E.225] TREATMENT AND INTERVENTION SERVICES.
105.1 		Subdivision 1.Assessment or diagnosis. A social worker must base treatment and 
105.2 	intervention services on an assessment or diagnosis. A social worker must evaluate, on an 
105.3 	ongoing basis, the appropriateness of the assessment or diagnosis.
105.4 		Subd. 2.Assessment or diagnostic instruments. A social worker must not use 
105.5 	an assessment or diagnostic instrument without adequate training. A social worker 
105.6 	must follow standards and accepted procedures for using an assessment or diagnostic 
105.7 	instrument. A social worker must inform a client of the purpose before administering the 
105.8 	instrument and must make the results available to the client.
105.9 		Subd. 3.Plan for services. A social worker must develop a plan for services that 
105.10 	includes goals based on the assessment or diagnosis. A social worker must evaluate, on an 
105.11 	ongoing basis, the appropriateness of the plan and the client's progress toward the goals.
105.12 		Subd. 4.Records. (a) A social worker must make and maintain current and 
105.13 	accurate records, appropriate to the circumstances, of all services provided to a client. At 
105.14 	a minimum, the records must contain documentation of:
105.15 	(1) the assessment or diagnosis;
105.16 	(2) the content of the service plan;
105.17 	(3) progress with the plan and any revisions of assessment, diagnosis, or plan;
105.18 	(4) any fees charged and payments made;
105.19 	(5) copies of all client-written authorizations for release of information; and
105.20 	(6) other information necessary to provide appropriate services.
105.21 	(b) These records must be maintained by the social worker for at least seven years 
105.22 	after the last date of service to the client. Social workers who are employed by an agency 
105.23 	or other entity are not required to:
105.24 	(1) maintain personal or separate records; or
105.25 	(2) personally retain records at the conclusion of their employment.
105.26 		Subd. 5.Termination of services. A social worker must terminate a professional 
105.27 	relationship with a client when the social worker reasonably determines that the client 
105.28 	is not likely to benefit from continued services or the services are no longer needed, 
105.29 	unless the social worker is required by law to provide services. A social worker who 
105.30 	anticipates terminating services must give reasonable notice to the client in a manner that 
105.31 	is appropriate to the needs of the client. The social worker must provide appropriate 
105.32 	referrals as needed or upon request of the client.

105.33 	Sec. 109. [148E.230] CONFIDENTIALITY AND RECORDS.
105.34 		Subdivision 1.Informed consent. (a) A social worker must obtain valid, informed 
105.35 	consent, appropriate to the circumstances, before providing services to clients. When 
106.1 	obtaining informed consent, the social worker must determine whether the client has the 
106.2 	capacity to provide informed consent. If the client does not have the capacity to provide 
106.3 	consent, the social worker must obtain consent for the services from the client's legal 
106.4 	representative. The social worker must not provide services, unless authorized or required 
106.5 	by law, if the client or the client's legal representative does not consent to the services.
106.6 	(b) If a social worker determines that a client does not have the capacity to provide 
106.7 	consent, and the client does not have a legal representative, the social worker:
106.8 	(1) must, except as provided in clause (2), secure a legal representative for a client 
106.9 	before providing services; or
106.10 	(2) may, notwithstanding clause (1), provide services, except when prohibited by 
106.11 	other applicable law, that are necessary to ensure the client's safety or to preserve the 
106.12 	client's property or financial resources.
106.13 	(c) A social worker must use clear and understandable language, including using an 
106.14 	interpreter proficient in the client's primary language as necessary, to inform clients of 
106.15 	the plan of services, risks related to the plan, limits to services, relevant costs, terms of 
106.16 	payment, reasonable alternatives, the client's right to refuse or withdraw consent, and the 
106.17 	time frame covered by the consent.
106.18 		Subd. 2.Mandatory reporting and disclosure of client information. At the 
106.19 	beginning of a professional relationship and during the professional relationship as 
106.20 	necessary and appropriate, a social worker must inform the client of those circumstances 
106.21 	under which the social worker may be required to disclose client information specified in 
106.22 	subdivision 3, paragraph (a), without the client's consent.
106.23 		Subd. 3.Confidentiality of client information. (a) A social worker must ensure the 
106.24 	confidentiality of all client information obtained in the course of the social worker/client 
106.25 	relationship and all client information otherwise obtained by the social worker that is 
106.26 	relevant to the social worker/client relationship. Except as provided in this section, 
106.27 	client information may be disclosed or released only with the client's or the client's legal 
106.28 	representative's valid informed consent, appropriate to the circumstances, except when 
106.29 	otherwise required by law. A social worker must seek consent to disclose or release 
106.30 	client information only when such disclosure or release is necessary to provide social 
106.31 	work services.
106.32 	(b) A social worker must continue to maintain confidentiality of the client 
106.33 	information specified in paragraph (a) upon termination of the professional relationship 
106.34 	including upon the death of the client, except as provided under this section or other 
106.35 	applicable law.
107.1 	(c) A social worker must limit access to the client information specified in paragraph 
107.2 	(a) in a social worker's agency to appropriate agency staff whose duties require access.
107.3 		Subd. 4.Release of client information with written informed consent. (a) Except 
107.4 	as provided in subdivision 5, client information specified in subdivision 3, paragraph (a), 
107.5 	may be released only with the client's or the client's legal representative's written informed 
107.6 	consent. The written informed consent must:
107.7 	(1) explain to whom the client's records may be released;
107.8 	(2) explain the purpose for the release; and
107.9 	(3) state an expiration date for the authorized release of the records.
107.10 	(b) A social worker may provide client information specified in subdivision 3, 
107.11 	paragraph (a), to a third party for the purpose of payment for services rendered only 
107.12 	with the client's written informed consent.
107.13 	(c) Except as provided in subdivision 5, a social worker may disclose client 
107.14 	information specified in subdivision 3, paragraph (a), only with the client's or the client's 
107.15 	legal representative's written informed consent. When it is not practical to obtain written 
107.16 	informed consent before providing necessary services, a social worker may disclose 
107.17 	or release client information with the client's or the client's legal representative's oral 
107.18 	informed consent.
107.19 	(d) Unless otherwise authorized by law, a social worker must obtain a client's written 
107.20 	informed consent before taking a photograph of the client or making an audio or video 
107.21 	recording of the client, or allowing a third party to do the same. The written informed 
107.22 	consent must explain:
107.23 	(1) the purpose of the photograph or the recording and how the photograph or 
107.24 	recording will be used, how it will be stored, and when it will be destroyed; and
107.25 	(2) how the client may have access to the photograph or recording.
107.26 		Subd. 5.Release of client information without written informed consent. (a) A 
107.27 	social worker may disclose client information specified in subdivision 3, paragraph (a), 
107.28 	without the written consent of the client or the client's legal representative only under the 
107.29 	following circumstances or under the circumstances described in paragraph (b):
107.30 	(1) when mandated or authorized by federal or state law, including the mandatory 
107.31 	reporting requirements under the duty to warn, maltreatment of minors, and vulnerable 
107.32 	adult laws specified in section 148E.240, subdivisions 6 to 8;
107.33 	(2) when the board issues a subpoena to the social worker; or
107.34 	(3) when a court of competent jurisdiction orders release of the client records 
107.35 	or information.
108.1 	(b) When providing services authorized or required by law to a client who does 
108.2 	not have the capacity to provide consent and who does not have a legal representative, 
108.3 	a social worker must disclose or release client records or information as necessary to 
108.4 	provide services to ensure the client's safety or to preserve the client's property or financial 
108.5 	resources.
108.6 		Subd. 6.Release of client records or information. When releasing client records 
108.7 	or information under this section, a social worker must release current, accurate, and 
108.8 	complete records or information.

108.9 	Sec. 110. [148E.235] FEES AND BILLING PRACTICES.
108.10 		Subdivision 1.Fees and payments. (a) A social worker must ensure that a client or 
108.11 	a client's legal representative is informed of all fees at the initial session or meeting with 
108.12 	the client, and that payment for services is arranged with the client or the client's legal 
108.13 	representative at the beginning of the professional relationship. Upon request from a client 
108.14 	or a client's legal representative, a social worker must provide in a timely manner a written 
108.15 	payment plan or a written explanation of the charges for any services rendered.
108.16 	(b) When providing services authorized or required by law to a client who does not 
108.17 	have the capacity to provide consent and who does not have a legal representative, a social 
108.18 	worker may submit reasonable bills to an appropriate payer for services provided.
108.19 		Subd. 2.Billing for services not provided. A social worker must not bill for 
108.20 	services that have not been provided except that, with prior notice to the client, a social 
108.21 	worker may bill for failed appointments or for cancellations without sufficient notice. A 
108.22 	social worker may bill only for provided services which are necessary and appropriate. 
108.23 	Financial responsibility for failed appointment billings resides solely with the client and 
108.24 	such costs may not be billed to public or private payers.
108.25 		Subd. 3.No payment for referrals. A social worker must not accept or give a 
108.26 	commission, rebate, or other form of remuneration solely or primarily to profit from the 
108.27 	referral of a client.
108.28 		Subd. 4.Fees and billing practices. A social worker must not engage in improper 
108.29 	or fraudulent billing practices, including, but not limited to, violations of the federal 
108.30 	Medicare and Medicaid laws or state medical assistance laws.

108.31 	Sec. 111. [148E.240] REPORTING REQUIREMENTS.
108.32 		Subdivision 1.Failure to self-report adverse actions. The board has grounds to 
108.33 	take action under sections 148E.255 to 148E.270 when a social worker fails to report to 
108.34 	the board within 90 days:
109.1 	(1) having been disciplined, sanctioned, or found to have violated a state, territorial, 
109.2 	provincial, or foreign licensing agency's laws or rules;
109.3 	(2) having been convicted of committing a felony, gross misdemeanor, or 
109.4 	misdemeanor reasonably related to the practice of social work;
109.5 	(3) having had a finding or verdict of guilt, whether or not the adjudication of guilt 
109.6 	is withheld or not entered, of committing a felony, gross misdemeanor, or misdemeanor 
109.7 	reasonably related to the practice of social work;
109.8 	(4) having admitted to committing, or entering a no contest plea to committing, a 
109.9 	felony, gross misdemeanor, or misdemeanor reasonably related to the practice of social 
109.10 	work; or
109.11 	(5) having been denied licensure by a state, territorial, provincial, or foreign 
109.12 	licensing agency.
109.13 		Subd. 2.Failure to submit application information. The board has grounds to 
109.14 	take action under sections 148E.255 to 148E.270 when an applicant or licensee fails to 
109.15 	submit with an application the following information:
109.16 	(1) the dates and dispositions of any malpractice settlements or awards made relating 
109.17 	to the social work services provided by the applicant or licensee; or
109.18 	(2) the dates and dispositions of any civil litigations or arbitrations relating to the 
109.19 	social work services provided by the applicant or licensee.
109.20 		Subd. 3.Reporting other licensed health professionals. An applicant or licensee 
109.21 	must report to the appropriate health-related licensing board conduct by a licensed health 
109.22 	professional which would constitute grounds for disciplinary action under the statutes 
109.23 	and rules enforced by that board.
109.24 		Subd. 4.Reporting unlicensed practice. An applicant or licensee must report 
109.25 	to the board conduct by an unlicensed person which constitutes the practice of social 
109.26 	work, as defined in section 148E.010, except when the unlicensed person is exempt from 
109.27 	licensure according to section 148E.065.
109.28 		Subd. 5.Failure to report other applicants or licensees; unlicensed practice.
 109.29 	The board has grounds to take action under sections 148E.255 to  148E.270 when an 
109.30 	applicant or licensee fails to report to the board conduct:
109.31 	(1) by another licensee or applicant which the applicant or licensee has reason to 
109.32 	believe may reasonably constitute grounds for disciplinary action under this section; or
109.33 	(2) by an unlicensed person that constitutes the practice of social work when a 
109.34 	license is required to practice social work.
109.35 		Subd. 6.Duty to warn. A licensee must comply with the duty to warn established 
109.36 	by section 148.975.
110.1 		Subd. 7.Reporting maltreatment of minors. An applicant or licensee must 
110.2 	comply with the reporting of maltreatment of minors established by section 626.556.
110.3 		Subd. 8.Reporting maltreatment of vulnerable adults. An applicant or licensee 
110.4 	must comply with the reporting of maltreatment of vulnerable adults established by 
110.5 	section 626.557.
110.6 		Subd. 9.Subpoenas. The board may issue subpoenas according to section 
110.7 	148E.245 and chapter 214 for the production of any reports required by this section or 
110.8 	any related documents.

110.9 	Sec. 112. [148E.245] INVESTIGATIVE POWERS AND PROCEDURES.
110.10 		Subdivision 1.Subpoenas. (a) The board may issue subpoenas and compel the 
110.11 	attendance of witnesses and the production of all necessary papers, books, records, 
110.12 	documents, and other evidentiary material as part of its investigation of an applicant or 
110.13 	licensee under this section or chapter 214.
110.14 	(b) If any person fails or refuses to appear or testify regarding any matter about which 
110.15 	the person may be lawfully questioned, or fails or refuses to produce any papers, books, 
110.16 	records, documents, or other evidentiary materials in the matter to be heard, after having 
110.17 	been required by order of the board or by a subpoena of the board to do so, the board may 
110.18 	institute a proceeding in any district court to enforce the board's order or subpoena.
110.19 	(c) The board or a designated member of the board acting on behalf of the board 
110.20 	may issue subpoenas or administer oaths to witnesses or take affirmations. Depositions 
110.21 	may be taken within or out of the state in the manner provided by law for the taking of 
110.22 	depositions in civil actions.
110.23 	(d) A subpoena or other process or paper may be served upon any person named 
110.24 	therein, by mail or by any officer authorized to serve subpoenas or other process or paper 
110.25 	in civil actions, with the same fees and mileage and in the same manner as prescribed by 
110.26 	law for service of process issued out of the district court of this state.
110.27 	(e) Fees, mileage, and other costs must be paid as the board directs.
110.28 		Subd. 2.Classification of data. (a) Any records obtained as part of an investigation 
110.29 	must be treated as investigative data under section 13.41 and be classified as confidential 
110.30 	data.
110.31 	(b) Notwithstanding paragraph (a), client records must be treated as private data 
110.32 	under chapter 13. Client records must be protected as private data in the records of the 
110.33 	board and in administrative or judicial proceedings unless the client authorizes the board 
110.34 	in writing to make public the identity of the client or a portion or all of the client's records.
111.1 		Subd. 3.Mental or physical examination; chemical dependency evaluation. (a) 
111.2 	If the board (1) has probable cause to believe that an applicant or licensee has violated 
111.3 	a statute or rule enforced by the board or an order issued by the board; and (2) believes 
111.4 	the applicant may have a health-related condition relevant to the violation, the board may 
111.5 	issue an order directing the applicant or licensee to submit to one or more of the following: 
111.6 	a mental examination, a physical examination, or a chemical dependency evaluation.
111.7 	(b) An examination or evaluation order issued by the board must include:
111.8 	(1) factual specifications on which the order is based;
111.9 	(2) the purpose of the examination or evaluation;
111.10 	(3) the name of the person or entity that will conduct the examination or evaluation; 
111.11 	and
111.12 	(4) the means by which the examination or evaluation will be paid for.
111.13 	(c) Every applicant or licensee must submit to a mental examination, a physical 
111.14 	examination, or a chemical dependency evaluation when ordered to do so in writing 
111.15 	by the board.
111.16 	(d) By submitting to a mental examination, a physical examination, or a chemical 
111.17 	dependency evaluation, an applicant or licensee waives all objections to the admissibility 
111.18 	of the examiner or evaluator's testimony or reports on the grounds that the testimony or 
111.19 	reports constitute a privileged communication.
111.20 		Subd. 4.Failure to submit to an examination. (a) If an applicant or licensee fails 
111.21 	to submit to an examination or evaluation ordered by the board according to subdivision 3, 
111.22 	unless the failure was due to circumstances beyond the control of the applicant or licensee, 
111.23 	the failure is an admission that the applicant or licensee violated a statute or rule enforced 
111.24 	by the board as specified in the examination or evaluation order issued by the board. 
111.25 	The failure may result in an application being denied or other adversarial, corrective, or 
111.26 	disciplinary action being taken by the board without a contested case hearing.
111.27 	(b) If an applicant or licensee requests a contested case hearing after the board 
111.28 	denies an application or takes other disciplinary or adversarial action, the only issues 
111.29 	which may be determined at the hearing are:
111.30 	(1) whether the board had probable cause to issue the examination or evaluation 
111.31 	order; and
111.32 	(2) whether the failure to submit to the examination or evaluation was due to 
111.33 	circumstances beyond the control of the applicant or licensee.
111.34 	(c) Neither the record of a proceeding under this subdivision nor an order issued 
111.35 	by the board may be admissible, subject to subpoena, or be used against the applicant or 
111.36 	licensee in a proceeding in which the board is not a party or decision maker.
112.1 	(d) Information obtained under this subdivision must be treated as private data under 
112.2 	chapter 13. An order issued by the board as the result of an applicant's or licensee's failure 
112.3 	to submit to an examination or evaluation must be treated as public data under chapter 13.
112.4 		Subd. 5.Access to data and records. (a) In addition to ordering a physical or 
112.5 	mental examination or chemical dependency evaluation, and notwithstanding section 
112.6 	13.384, 144.651, 595.02, or any other statute limiting access to health records, the board 
112.7 	or a designated member of the board acting on behalf of the board may subpoena physical, 
112.8 	mental, and chemical dependency health records relating to an applicant or licensee 
112.9 	without the applicant's or licensee's consent if:
112.10 	(1) the board has probable cause to believe that the applicant or licensee has violated 
112.11 	chapter 214, a statute or rule enforced by the board, or an order issued by the board; and
112.12 	(2) the board has reason to believe that the records are relevant and necessary to the 
112.13 	investigation.
112.14 	(b) An applicant, licensee, insurance company, government agency, health care 
112.15 	facility, or provider as defined in section 144.335, subdivision 1, paragraph (b), must 
112.16 	comply with any subpoena of the board under this subdivision and is not liable in 
112.17 	any action for damages for releasing information subpoenaed by the board under this 
112.18 	subdivision unless the information provided is false and the person or entity providing the 
112.19 	information knew or had reason to know that the information was false.
112.20 	(c) Information on individuals obtained under this subdivision must be treated as 
112.21 	investigative data under section 13.41 and be classified as confidential data.
112.22 	(d) If an applicant, licensee, person, or entity does not comply with any subpoena of 
112.23 	the board under this subdivision, the board may institute a proceeding in any district court 
112.24 	to enforce the board's subpoena.
112.25 		Subd. 6.Evidence of past sexual conduct. If, in a proceeding for taking action 
112.26 	against an applicant or licensee under this section, the charges involve sexual contact with 
112.27 	a client or former client, the board or administrative law judge must not consider evidence 
112.28 	of the client's or former client's previous sexual conduct. Reference to the client's or 
112.29 	former client's previous sexual conduct must not be made during the proceedings or in the 
112.30 	findings, except by motion of the complainant, unless the evidence would be admissible 
112.31 	under the applicable provisions of section 609.347, subdivision 3.
112.32 		Subd. 7.Investigations involving vulnerable adults or children in need of 
112.33 	protection. (a) Except as provided in paragraph (b), if the board receives a complaint 
112.34 	about a social worker regarding the social worker's involvement in a case of vulnerable 
112.35 	adults or children in need of protection, the county or other appropriate public authority 
113.1 	may request that the board suspend its investigation, and the board must comply until such 
113.2 	time as the court issues its findings on the case.
113.3 	(b) Notwithstanding paragraph (a), the board may continue with an investigation if 
113.4 	the board determines that doing so is in the best interests of the vulnerable adult or a child 
113.5 	in need of protection and is consistent with the board's obligation to protect the public. If 
113.6 	the board chooses to continue an investigation, the board must notify the county or other 
113.7 	appropriate public authority in writing and state its reasons for doing so.
113.8 		Subd. 8.Notification of complainant. (a) In no more than 14 calendar days after 
113.9 	receiving a complaint regarding a licensee, the board must notify the complainant that the 
113.10 	board has received the complaint.
113.11 	(b) The board must periodically notify the complainant of the status of the complaint.
113.12 		Subd. 9.Notification of licensee. (a) Except as provided in paragraph (b), in no 
113.13 	more than 60 calendar days after receiving a complaint regarding a licensee, the board must 
113.14 	notify the licensee that the board has received the complaint and inform the licensee of:
113.15 	(1) the substance of the complaint;
113.16 	(2) the sections of the law that allegedly have been violated; and
113.17 	(3) whether an investigation is being conducted.
113.18 	(b) Paragraph (a) does not apply if:
113.19 	(1) the board determines that such notice would compromise the board's investigation 
113.20 	according to section 214.10; or
113.21 	(2) the board determines that such notice cannot reasonably be accomplished within 
113.22 	this time.
113.23 	(c) The board must periodically notify the licensee of the status of the complaint.
113.24 		Subd. 10.Resolution of complaints. In no more than one year after receiving a 
113.25 	complaint regarding a licensee, the board must resolve or dismiss the complaint unless 
113.26 	the board determines that resolving or dismissing the complaint cannot reasonably be 
113.27 	accomplished within this time.

113.28 	Sec. 113. [148E.250] OBLIGATION TO COOPERATE.
113.29 		Subdivision 1.Obligation to cooperate. An applicant or licensee who is the subject 
113.30 	of an investigation, or who is questioned by or on behalf of the board in connection with 
113.31 	an investigation, must cooperate fully with the investigation. Cooperation includes, but is 
113.32 	not limited to:
113.33 	(1) responding fully and promptly to any question relating to the investigation;
113.34 	(2) as reasonably requested by the board, providing copies of client and other records 
113.35 	in the applicant's or licensee's possession relating to the investigation;
114.1 	(3) executing release of records as reasonably requested by the board; and
114.2 	(4) appearing at conferences, hearings, or meetings scheduled by the board, as 
114.3 	required in sections 148E.255 to 148E.270 and chapter 214.
114.4 		Subd. 2.Investigation. A social worker must not knowingly withhold relevant 
114.5 	information, give false or misleading information, or do anything to obstruct an 
114.6 	investigation of the social worker or another social worker by the board or by another state 
114.7 	or federal regulatory or law enforcement authority.
114.8 		Subd. 3.Payment for copies. The board must pay for copies requested by the board.
114.9 		Subd. 4.Access to client records. Notwithstanding any law to the contrary, an 
114.10 	applicant or licensee must allow the board access to any records of a client provided 
114.11 	services by the applicant or licensee under investigation. If the client has not signed a 
114.12 	consent permitting access to the client's records, the applicant or licensee must delete any 
114.13 	data in the records that identifies the client before providing the records to the board.
114.14 		Subd. 5.Classification of data. Any records obtained according to this subdivision 
114.15 	must be treated as investigative data according to section 13.41 and be classified as 
114.16 	confidential data.

114.17 	Sec. 114. [148E.255] TYPES OF ACTIONS.
114.18 		Subdivision 1.Actions. The board may take disciplinary action according to 
114.19 	section 148E.260, adversarial but nondisciplinary action according to section 148E.265, 
114.20 	or voluntary action according to section 148E.270. Any action taken under sections 
114.21 	148E.260 to 148E.270 is public data.
114.22 		Subd. 2.Disciplinary action. For purposes of section 148E.260, "disciplinary 
114.23 	action" means an action taken by the board against an applicant or licensee that addresses 
114.24 	a complaint alleging a violation of a statute or rule the board is empowered to enforce.
114.25 		Subd. 3.Adversarial but nondisciplinary action. For purposes of section 
114.26 	148E.265, "adversarial but nondisciplinary action" means a nondisciplinary action taken 
114.27 	by the board that addresses a complaint alleging a violation of a statute or rule the board 
114.28 	is empowered to enforce.
114.29 		Subd. 4.Voluntary action. For purposes of section 148E.270, "voluntary action" 
114.30 	means a nondisciplinary action agreed to by the board or a designated board member and 
114.31 	an applicant or licensee that, through educational or other corrective means, addresses a 
114.32 	complaint alleging a violation of a statute or rule that the board is empowered to enforce.

114.33 	Sec. 115. [148E.260] DISCIPLINARY ACTIONS.
115.1 		Subdivision 1.General disciplinary actions. (a) When the board has grounds for 
115.2 	disciplinary actions under this chapter, the board may take one or more of the following 
115.3 	disciplinary actions:
115.4 	(1) deny an application;
115.5 	(2) permanently revoke a license to practice social work;
115.6 	(3) indefinitely or temporarily suspend a license to practice social work;
115.7 	(4) impose restrictions on a licensee's scope of practice;
115.8 	(5) impose conditions required for the licensee to maintain licensure, including, 
115.9 	but not limited to, additional education, supervision, and requiring the passing of an 
115.10 	examination provided for in section 148E.055;
115.11 	(6) reprimand a licensee;
115.12 	(7) impose a civil penalty of up to $10,000 for each violation in order to discourage 
115.13 	future violations or to deprive the licensee of any economic advantage gained by reason 
115.14 	of the violation; or
115.15 	(8) impose a fee to reimburse the board for all or part of the cost of the proceedings 
115.16 	resulting in disciplinary action, including, but not limited to, the amount paid by the board 
115.17 	for services received from or expenses incurred by the Office of Administrative Hearings, 
115.18 	the Office of the Attorney General, court reporters, witnesses, board members, board staff, 
115.19 	or the amount paid by the board for reproducing records.
115.20 	(b) Disciplinary action taken by the board under this subdivision is in effect pending 
115.21 	determination of an appeal unless the court, upon petition and for good cause shown, 
115.22 	decides otherwise.
115.23 		Subd. 2.Reprimands. (a) In addition to the board's authority to issue a reprimand 
115.24 	according to subdivision 1, a designated board member reviewing a complaint as provided 
115.25 	for in chapter 214 may issue a reprimand to a licensee. The designated board member 
115.26 	must notify the licensee that the reprimand will become final disciplinary action unless the 
115.27 	licensee requests a hearing by the board within 14 calendar days.
115.28 	(b) If the licensee requests a hearing within 14 calendar days, the board must 
115.29 	schedule a hearing unless the designated board member withdraws the reprimand.
115.30 	(c) The hearing must be scheduled within 14 working days of the time the licensee 
115.31 	submits a request for the hearing.
115.32 	(d) The designated board member who issued the reprimand may participate in the 
115.33 	hearing but must not deliberate or vote on the decision by the board.
115.34 	(e) The only evidence permitted at the hearing is affidavits or other documents 
115.35 	except for testimony by the licensee or other witnesses whose testimony the board chair 
115.36 	has authorized for good cause.
116.1 	(f) If testimony is authorized, the testimony is subject to cross-examination.
116.2 	(g) After the hearing, the board must affirm or dismiss the reprimand.
116.3 		Subd. 3.Temporary suspensions. (a) In addition to any other remedy provided 
116.4 	by statute, the board or a designated board member may, without a hearing, temporarily 
116.5 	suspend a license to practice social work if the board or the designated board member 
116.6 	finds that:
116.7 	(1) the licensee has violated a statute or rule enforced by the board, any other federal 
116.8 	or state law or rule related to the practice of social work, or an order, stipulation, or 
116.9 	agreement agreed to or issued by the board; and
116.10 	(2) continued practice by the licensee would create a serious risk of harm to others.
116.11 	(b) The suspension is in effect upon service of a written order on the licensee 
116.12 	specifying the statute, rule, order, stipulation, or agreement violated. Service of the order 
116.13 	is effective if the order is served on the licensee or the licensee's attorney personally or 
116.14 	by first class mail to the most recent address provided to the board for the licensee or the 
116.15 	licensee's attorney.
116.16 	(c) The temporary suspension remains in effect until after the board issues an order 
116.17 	according to paragraph (e), or if there is a contested case hearing, after the board issues a 
116.18 	written final order according to paragraph (g).
116.19 	(d) If the licensee requests in writing within five calendar days of service of the 
116.20 	order that the board hold a hearing, the board must hold a hearing on the sole issue of 
116.21 	whether to continue, modify, or lift the suspension. The board must hold the hearing 
116.22 	within ten working days of receipt of the licensee's written request. Evidence presented 
116.23 	by the board or licensee must be in affidavit form only, except that the licensee or the 
116.24 	licensee's attorney may present oral argument.
116.25 	(e) Within five working days after the hearing, the board must issue its order. If 
116.26 	the licensee contests the order, the board must schedule a contested case hearing under 
116.27 	chapter 14. The contested case hearing must be scheduled to occur within 45 calendar 
116.28 	days after issuance of the order.
116.29 	(f) The administrative law judge must issue a report within 30 calendar days after 
116.30 	the contested case hearing is concluded.
116.31 	(g) The board must issue a final order within 30 calendar days after the board 
116.32 	receives the administrative law judge's report.

116.33 	Sec. 116. [148E.265] ADVERSARIAL BUT NONDISCIPLINARY ACTIONS.
116.34 		Subdivision 1.Automatic suspensions. (a) A license to practice social work is 
116.35 	automatically suspended if:
117.1 	(1) a guardian of a licensee is appointed by order of a court according to sections 
117.2 	524.5-101 and 524.5-102; or
117.3 	(2) the licensee is committed by order of a court according to chapter 253B.
117.4 	(b) A license remains suspended until:
117.5 	(1) the licensee is restored to capacity by a court; and
117.6 	(2) upon petition by the licensee and after a hearing or an agreement with the 
117.7 	licensee, the board terminates the suspension.
117.8 	(c) If the board terminates the suspension, it may do so with or without conditions 
117.9 	or restrictions, including, but not limited to, participation in the health professional 
117.10 	services program.
117.11 		Subd. 2.Cease and desist orders. (a) The board or a designated board member 
117.12 	may issue a cease and desist order to stop a person from engaging in unauthorized practice 
117.13 	or from violating or threatening to violate a statute or rule enforced by the board or an 
117.14 	order, stipulation, or agreement agreed to or issued by the board.
117.15 	(b) The cease and desist order must state the reason for its issuance and give notice 
117.16 	of the person's right to request a hearing under sections 14.57 to 14.62. If the person fails 
117.17 	to request a hearing in writing postmarked within 15 calendar days after service of the 
117.18 	cease and desist order, the order is the final order of the board and is not reviewable by 
117.19 	a court or agency.
117.20 	(c) If the board receives a written request for a hearing postmarked within 15 
117.21 	calendar days after service of the cease and desist order, the board must schedule a hearing 
117.22 	within 30 calendar days of receiving the request.
117.23 	(d) The administrative law judge must issue a report within 30 calendar days after 
117.24 	the contested case hearing is concluded.
117.25 	(e) Within 30 calendar days after the board receives the administrative law judge's 
117.26 	report, the board must issue a final order modifying, vacating, or making permanent 
117.27 	the cease and desist order. The final order remains in effect until modified or vacated 
117.28 	by the board.
117.29 	(f) If a person does not comply with a cease and desist order, the board may institute 
117.30 	a proceeding in any district court to obtain injunctive relief or other appropriate relief, 
117.31 	including but not limited to, a civil penalty payable to the board of up to $10,000 for 
117.32 	each violation.
117.33 	(g) A cease and desist order issued according to this subdivision does not relieve a 
117.34 	person from criminal prosecution by a competent authority or from disciplinary action 
117.35 	by the board.
118.1 		Subd. 3.Injunctive relief. (a) In addition to any other remedy provided by law, the 
118.2 	board may bring an action in district court for injunctive relief to restrain any unauthorized 
118.3 	practice or violation or threatened violation of any statute or rule, stipulation, or agreement 
118.4 	agreed to or enforced by the board or an order issued by the board.
118.5 	(b) A temporary restraining order may be granted in the proceeding if continued 
118.6 	activity by a person would create an imminent risk of harm to others.
118.7 	(c) Injunctive relief granted according to this subdivision does not relieve a person 
118.8 	from criminal prosecution by a competent authority or from disciplinary action by the 
118.9 	board.
118.10 	(d) In bringing an action for injunctive relief, the board need not show irreparable 
118.11 	harm.

118.12 	Sec. 117. [148E.270] VOLUNTARY ACTIONS.
118.13 		Subdivision 1.Agreements for corrective action. (a) The board or a designated 
118.14 	board member may enter into an agreement for corrective action with an applicant or 
118.15 	licensee when the board or a designated board member determines that a complaint 
118.16 	alleging a violation of a statute or rule enforced by the board or an order issued by the 
118.17 	board may best be resolved through an agreement for corrective action when disciplinary 
118.18 	action is not required to protect the public.
118.19 	(b) An agreement for corrective action must:
118.20 	(1) be in writing;
118.21 	(2) specify the facts upon which the agreement is based;
118.22 	(3) clearly indicate the corrective action agreed upon; and
118.23 	(4) provide that the complaint that resulted in the agreement must be dismissed by the 
118.24 	board or the designated board member upon successful completion of the corrective action.
118.25 	(c) The board or designated board member may determine successful completion 
118.26 	when the applicant or licensee submits a request for dismissal that documents the 
118.27 	applicant's or licensee's successful completion of the corrective action. The burden of 
118.28 	proof is on the applicant or licensee to prove successful completion.
118.29 	(d) An agreement for corrective action is not disciplinary action but must be treated 
118.30 	as public data under chapter 13.
118.31 	(e) The board may impose a fee to reimburse the board for all or part of the costs 
118.32 	of the proceedings resulting in a corrective action, including, but not limited to, the 
118.33 	amount paid by the board for services received from or expenses incurred by the Office 
118.34 	of the Attorney General, board members, board staff, or the amount paid by the board 
118.35 	for reproducing records.
119.1 	(f) The board or designated board member must not enter into an agreement for 
119.2 	corrective action when the complaint alleged sexual conduct with a client unless there is 
119.3 	insufficient evidence to justify disciplinary action but there is a basis for corrective action.
119.4 		Subd. 2.Stipulations to cease practicing social work. (a) The board or a 
119.5 	designated board member may enter into a stipulation to cease practicing social work with 
119.6 	a licensee if the board or designated board member determines that the licensee is unable 
119.7 	to practice social work competently or safely or that the social worker's continued practice 
119.8 	creates an unacceptable risk of safety to clients, potential clients, or the public.
119.9 	(b) A stipulation to cease practicing social work must:
119.10 	(1) be in writing;
119.11 	(2) specify the facts upon which the stipulation is based;
119.12 	(3) clearly indicate that the licensee must not practice social work and must not hold 
119.13 	out to the public that the social worker is licensed; and
119.14 	(4) specify the term of the stipulation or when and under what circumstances the 
119.15 	licensee may petition the board for termination of the stipulation.
119.16 	(c) A stipulation to cease practicing social work is not disciplinary action but must 
119.17 	be treated as public data under chapter 13.
119.18 	(d) Nothing in this subdivision prevents the board or designated board member 
119.19 	from taking any other disciplinary or adversarial action authorized by sections 148E.255
119.20 	to 148E.265 in lieu of or in addition to entering into a stipulation to cease practicing 
119.21 	social work.

119.22 	Sec. 118. [148E.275] UNAUTHORIZED PRACTICE.
119.23 	No individual may:
119.24 	(1) engage in the practice of social work without a social work license under 
119.25 	sections 148E.055 and 148E.060, except when the individual is exempt from licensure 
119.26 	according to section 148E.065;
119.27 	(2) provide social work services to a client who resides in this state when the 
119.28 	individual providing the services is not licensed as a social worker according to sections 
119.29 	148E.055 to 148E.060, except when the individual is exempt from licensure according to 
119.30 	section 148E.065.

119.31 	Sec. 119. [148E.280] USE OF TITLES.
119.32 	No individual may be presented to the public by any title incorporating the words 
119.33 	"social work" or "social worker" or in the titles in section 148E.195, unless that individual 
120.1 	holds a license under sections 148E.055 and 148E.060, or practices in a setting exempt 
120.2 	from licensure under section 148E.065.

120.3 	Sec. 120. [148E.285] REPORTING REQUIREMENTS.
120.4 		Subdivision 1.Institutions. A state agency, political subdivision, agency of a local 
120.5 	unit of government, private agency, hospital, clinic, prepaid medical plan, or other health 
120.6 	care institution or organization must report to the board:
120.7 	(1) any adversarial action, disciplinary action, or other sanction for conduct that 
120.8 	might constitute grounds for action under section 148E.190;
120.9 	(2) the resignation of any applicant or licensee prior to the conclusion of any 
120.10 	proceeding for adversarial action, disciplinary action, or other sanction for conduct that 
120.11 	might constitute grounds for action under section 148E.190; or
120.12 	(3) the resignation of any applicant or licensee prior to the commencement of a 
120.13 	proceeding for adversarial action, disciplinary action, or other sanction for conduct that 
120.14 	might constitute grounds for action under section 148E.190, but after the applicant or 
120.15 	licensee had knowledge that a proceeding was contemplated or in preparation.
120.16 		Subd. 2.Professional societies and associations. A state or local professional 
120.17 	society or association whose members consist primarily of licensed social workers must 
120.18 	report to the board any adversarial action, disciplinary action, or other sanction taken 
120.19 	against a member.
120.20 		Subd. 3.Immunity. An individual, professional society or association, state agency, 
120.21 	political subdivision, agency of a local unit of government, private agency, hospital, 
120.22 	clinic, prepaid medical plan, other health care institution or organization, or other entity is 
120.23 	immune from civil liability or criminal prosecution for submitting in good faith a report 
120.24 	under subdivision 1 or 2 or for otherwise reporting, providing information, or testifying 
120.25 	about violations or alleged violations of this chapter.

120.26 	Sec. 121. [148E.290] PENALTIES.
120.27 	An individual or other entity that violates section 148E.275, 148E.280, or 148E.285
120.28 	is guilty of a misdemeanor.

120.29 	Sec. 122. Minnesota Statutes 2006, section 151.01, is amended by adding a subdivision 
120.30 	to read:
120.31 		Subd. 31.Electronic signature. "Electronic signature" means an electronic sound, 
120.32 	symbol, or process attached to or associated with a record and executed or adopted by a 
120.33 	person with the intent to sign the record.

121.1 	Sec. 123. Minnesota Statutes 2006, section 151.01, is amended by adding a subdivision 
121.2 	to read:
121.3 		Subd. 32.Electronic transmission. "Electronic transmission" means transmission 
121.4 	of information in electronic form.

121.5 	Sec. 124. Minnesota Statutes 2006, section 151.06, subdivision 1, is amended to read:
121.6 		Subdivision 1.Generally; rules. (a) Powers and duties. The Board of Pharmacy 
121.7 	shall have the power and it shall be its duty: 
121.8 	(1) to regulate the practice of pharmacy;
121.9 	(2) to regulate the manufacture, wholesale, and retail sale of drugs within this state;
121.10 	(3) to regulate the identity, labeling, purity, and quality of all drugs and medicines 
121.11 	dispensed in this state, using the United States Pharmacopeia and the National Formulary, 
121.12 	or any revisions thereof, or standards adopted under the federal act as the standard;
121.13 	(4) to enter and inspect by its authorized representative any and all places where 
121.14 	drugs, medicines, medical gases, or veterinary drugs or devices are sold, vended, given 
121.15 	away, compounded, dispensed, manufactured, wholesaled, or held; it may secure samples 
121.16 	or specimens of any drugs, medicines, medical gases, or veterinary drugs or devices 
121.17 	after paying or offering to pay for such sample; it shall be entitled to inspect and make 
121.18 	copies of any and all records of shipment, purchase, manufacture, quality control, and 
121.19 	sale of these items provided, however, that such inspection shall not extend to financial 
121.20 	data, sales data, or pricing data;
121.21 	(5) to examine and license as pharmacists all applicants whom it shall deem qualified 
121.22 	to be such;
121.23 	(6) to license wholesale drug distributors;
121.24 	(7) to deny, suspend, revoke, or refuse to renew any registration or license required 
121.25 	under this chapter, to any applicant or registrant or licensee upon any of the following 
121.26 	grounds:
121.27 	(i) fraud or deception in connection with the securing of such license or registration;
121.28 	(ii) in the case of a pharmacist, conviction in any court of a felony;
121.29 	(iii) in the case of a pharmacist, conviction in any court of an offense involving 
121.30 	moral turpitude;
121.31 	(iv) habitual indulgence in the use of narcotics, stimulants, or depressant drugs; 
121.32 	or habitual indulgence in intoxicating liquors in a manner which could cause conduct 
121.33 	endangering public health;
121.34 	(v) unprofessional conduct or conduct endangering public health;
121.35 	(vi) gross immorality;
122.1 	(vii) employing, assisting, or enabling in any manner an unlicensed person to 
122.2 	practice pharmacy;
122.3 	(viii) conviction of theft of drugs, or the unauthorized use, possession, or sale thereof;
122.4 	(ix) violation of any of the provisions of this chapter or any of the rules of the State 
122.5 	Board of Pharmacy;
122.6 	(x) in the case of a pharmacy license, operation of such pharmacy without a 
122.7 	pharmacist present and on duty;
122.8 	(xi) in the case of a pharmacist, physical or mental disability which could cause 
122.9 	incompetency in the practice of pharmacy;
122.10 	(xii) in the case of a pharmacist, the suspension or revocation of a license to practice 
122.11 	pharmacy in another state; or
122.12 	(xiii) in the case of a pharmacist, aiding suicide or aiding attempted suicide in 
122.13 	violation of section 609.215 as established by any of the following: 
122.14 	(A) a copy of the record of criminal conviction or plea of guilty for a felony in 
122.15 	violation of section 609.215, subdivision 1 or 2; 
122.16 	(B) a copy of the record of a judgment of contempt of court for violating an 
122.17 	injunction issued under section 609.215, subdivision 4; 
122.18 	(C) a copy of the record of a judgment assessing damages under section 609.215, 
122.19 	subdivision 5; or 
122.20 	(D) a finding by the board that the person violated section 609.215, subdivision 
122.21 	1 or 2. The board shall investigate any complaint of a violation of section 609.215, 
122.22 	subdivision 1 or 2; 
122.23 	(8) to employ necessary assistants and make adopt rules for the conduct of its 
122.24 	business;
122.25 	(9) to register as pharmacy technicians all applicants who the board determines are 
122.26 	qualified to carry out the duties of a pharmacy technician; and
122.27 	(10) to perform such other duties and exercise such other powers as the provisions of 
122.28 	the act may require.
122.29 	(b)  Temporary suspension. In addition to any other remedy provided by law, the 
122.30 	board may, without a hearing, temporarily suspend a license for not more than 60 days if 
122.31 	the board finds that a pharmacist has violated a statute or rule that the board is empowered 
122.32 	to enforce and continued practice by the pharmacist would create an imminent risk of 
122.33 	harm to others. The suspension shall take effect upon written notice to the pharmacist, 
122.34 	specifying the statute or rule violated. At the time it issues the suspension notice, the 
122.35 	board shall schedule a disciplinary hearing to be held under the Administrative Procedure 
123.1 	Act. The pharmacist shall be provided with at least 20 days' notice of any hearing held 
123.2 	under this subdivision. 
123.3 	(c)  Rules. For the purposes aforesaid, it shall be the duty of the board to make 
123.4 	and publish uniform rules not inconsistent herewith for carrying out and enforcing 
123.5 	the provisions of this chapter. The board shall adopt rules regarding prospective drug 
123.6 	utilization review and patient counseling by pharmacists. A pharmacist in the exercise of 
123.7 	the pharmacist's professional judgment, upon the presentation of a new prescription by a 
123.8 	patient or the patient's caregiver or agent, shall perform the prospective drug utilization 
123.9 	review required by rules issued under this subdivision. 

123.10 	Sec. 125. Minnesota Statutes 2006, section 151.21, subdivision 1, is amended to read:
123.11 		Subdivision 1.Generally. Except as provided in this section, it shall be unlawful for 
123.12 	any pharmacist, assistant pharmacist, or pharmacist intern who dispenses prescriptions, 
123.13 	drugs, and medicines to substitute an article different from the one ordered, or deviate 
123.14 	in any manner from the requirements of an order or prescription without the approval of 
123.15 	the prescriber.

123.16 	Sec. 126. Minnesota Statutes 2006, section 151.21, subdivision 2, is amended to read:
123.17 		Subd. 2.Brand name specified. When a pharmacist receives a written paper or 
123.18 	hard copy prescription on which the prescriber has personally written in handwriting 
123.19 	"dispense as written" or "D.A.W.," a prescription sent by electronic transmission on which 
123.20 	the prescriber has expressly indicated in a manner consistent with the standards for 
123.21 	electronic prescribing under Code of Federal Regulations, title 42, section 423, that the 
123.22 	prescription is to be dispensed as transmitted and which bears the prescriber's electronic 
123.23 	signature, or an oral prescription in which the prescriber has expressly indicated that the 
123.24 	prescription is to be dispensed as communicated, the pharmacist shall dispense the brand 
123.25 	name legend drug as prescribed.

123.26 	Sec. 127. Minnesota Statutes 2006, section 151.21, subdivision 3, is amended to read:
123.27 		Subd. 3.Brand name not specified. When a pharmacist receives a written paper or 
123.28 	hard copy prescription on which the prescriber has not personally written in handwriting 
123.29 	"dispense as written" or "D.A.W.," a prescription sent by electronic transmission on which 
123.30 	the prescriber has not expressly indicated in a manner consistent with the standards for 
123.31 	electronic prescribing under Code of Federal Regulations, title 42, section 423, that the 
123.32 	prescription is to be dispensed as transmitted and which bears the prescriber's electronic 
123.33 	signature, or an oral prescription in which the prescriber has not expressly indicated 
124.1 	that the prescription is to be dispensed as communicated, and there is available in the 
124.2 	pharmacist's stock a less expensive generically equivalent drug that, in the pharmacist's 
124.3 	professional judgment, is safely interchangeable with the prescribed drug, then the 
124.4 	pharmacist shall, after disclosing the substitution to the purchaser, dispense the generic 
124.5 	drug, unless the purchaser objects. A pharmacist may also substitute pursuant to the oral 
124.6 	instructions of the prescriber. A pharmacist may not substitute a generically equivalent 
124.7 	drug product unless, in the pharmacist's professional judgment, the substituted drug is 
124.8 	therapeutically equivalent and interchangeable to the prescribed drug. A pharmacist 
124.9 	shall notify the purchaser if the pharmacist is dispensing a drug other than the brand 
124.10 	name drug prescribed.

124.11 	Sec. 128. Minnesota Statutes 2006, section 151.21, is amended by adding a subdivision 
124.12 	to read:
124.13 		Subd. 3a.Prescriptions by electronic transmission. Nothing in this section 
124.14 	permits a prescriber to maintain "dispense as written" or "D.A.W." as a default on all 
124.15 	prescriptions. Prescribers must add the "dispense as written" or "D.A.W." designation to 
124.16 	electronic prescriptions individually, as appropriate.

124.17 	Sec. 129. Minnesota Statutes 2006, section 214.103, subdivision 8, is amended to read:
124.18 		Subd. 8.Dismissal of a complaint. A complaint may not be dismissed without the 
124.19 	concurrence of at least two board members and, upon the request of the complainant, a 
124.20 	review by a representative of the attorney general's office. The designee of the attorney 
124.21 	general must review before dismissal any complaints which allege any violation of 
124.22 	chapter 609, any conduct which would be required to be reported under section 626.556
124.23 	or 626.557, any sexual contact or sexual conduct with a client, any violation of a federal 
124.24 	law, any actual or potential inability to practice the regulated profession or occupation by 
124.25 	reason of illness, use of alcohol, drugs, chemicals, or any other materials, or as a result of 
124.26 	any mental or physical condition, any violation of state medical assistance laws, or any 
124.27 	disciplinary action related to credentialing in another jurisdiction or country which was 
124.28 	based on the same or related conduct specified in this subdivision. 

124.29 	EFFECTIVE DATE. This section is effective August 1, 2009.

124.30 	Sec. 130. Minnesota Statutes 2006, section 214.103, subdivision 9, is amended to read:
124.31 		Subd. 9.Information to complainant. A board shall furnish to a person who 
124.32 	made a complaint a written description of the board's complaint process, and actions of 
124.33 	the board relating to the complaint. The written notice from the board must advise the 
125.1 	complainant of the right to appeal the board's decision to the attorney general within 
125.2 	30 days of receipt of the notice.

125.3 	EFFECTIVE DATE. This section is effective August 1, 2009.

125.4 	Sec. 131. Minnesota Statutes 2006, section 214.32, subdivision 1, is amended to read:
125.5 		Subdivision 1.Management. (a) A Health Professionals Services Program 
125.6 	Committee is established, consisting of one person appointed by each participating board, 
125.7 	with each participating board having one vote. The committee shall designate one board 
125.8 	to provide administrative management of the program, set the program budget and the 
125.9 	pro rata share of program expenses to be borne by each participating board, provide 
125.10 	guidance on the general operation of the program, including hiring of program personnel, 
125.11 	and ensure that the program's direction is in accord with its authority. If the participating 
125.12 	boards change which board is designated to provide administrative management of 
125.13 	the program, any appropriation remaining for the program shall transfer to the newly 
125.14 	designated board on the effective date of the change. The participating boards must inform 
125.15 	the appropriate legislative committees and the commissioner of finance of any change 
125.16 	in the administrative management of the program, and the amount of any appropriation 
125.17 	transferred under this provision.
125.18 	(b) The designated board, upon recommendation of the Health Professional Services 
125.19 	Program Committee, shall hire the program manager and employees and pay expenses 
125.20 	of the program from funds appropriated for that purpose. The designated board may 
125.21 	apply for grants to pay program expenses and may enter into contracts on behalf of the 
125.22 	program to carry out the purposes of the program. The participating boards shall enter into 
125.23 	written agreements with the designated board.
125.24 	(c) An advisory committee is established to advise the program committee consisting 
125.25 	of:
125.26 	(1) one member appointed by each of the following: the Minnesota Academy of 
125.27 	Physician Assistants, the Minnesota Dental Association, the Minnesota Chiropractic 
125.28 	Association, the Minnesota Licensed Practical Nurse Association, the Minnesota Medical 
125.29 	Association, the Minnesota Nurses Association, and the Minnesota Podiatric Medicine 
125.30 	Association;
125.31 	(2) one member appointed by each of the professional associations of the other 
125.32 	professions regulated by a participating board not specified in clause (1); and
125.33 	(3) two public members, as defined by section 214.02. 
126.1 	Members of the advisory committee shall be appointed for two years and members may 
126.2 	be reappointed.
126.3 	The advisory committee expires June 30, 2007.

126.4 	Sec. 132. Minnesota Statutes 2006, section 319B.02, subdivision 19, is amended to 
126.5 	read:
126.6 		Subd. 19.Professional services. "Professional services" means services of the type 
126.7 	required or permitted to be furnished by a professional under a license, registration, or 
126.8 	certificate issued by the state of Minnesota to practice medicine and surgery under sections 
126.9 	147.01 to 147.22, as a physician assistant pursuant to sections 147A.01 to 147A.27, 
126.10 	chiropractic under sections 148.01 to 148.105, registered nursing under sections 148.171
126.11 	to 148.285, optometry under sections 148.52 to 148.62, psychology under sections 148.88
126.12 	to 148.98, social work under chapter 148D, marriage and family therapy under sections 
126.13 	148B.29 to 148B.39, professional counseling under sections 148B.50 to 148B.593, 
126.14 	dentistry and dental hygiene under sections 150A.01 to 150A.12, pharmacy under sections 
126.15 	151.01 to 151.40, podiatric medicine under sections 153.01 to 153.25, veterinary medicine 
126.16 	under sections 156.001 to 156.14, architecture, engineering, surveying, landscape 
126.17 	architecture, geoscience, and certified interior design under sections 326.02 to 326.15, 
126.18 	accountancy under chapter 326A, or law under sections 481.01 to 481.17, or under a 
126.19 	license or certificate issued by another state under similar laws. Professional services 
126.20 	includes services of the type required to be furnished by a professional pursuant to a 
126.21 	license or other authority to practice law under the laws of a foreign nation.

126.22 	Sec. 133. BOARD OF SOCIAL WORK STUDY.
 126.23 	The Board of Social Work shall study and make recommendations to the legislature 
126.24 	by December 15, 2008, on how to increase the numbers of licensed social workers serving 
126.25 	underserved communities and culturally and ethnically diverse communities. The study 
126.26 	shall also explore alternative paths to licensure that does not include a standardized 
126.27 	examination.

126.28 	Sec. 134. EXCEPTION TO SOCIAL WORK LICENSURE REQUIREMENTS.
 126.29 	Notwithstanding the requirements of Minnesota Statutes, sections 148D.001 to 
126.30 	148D.290, the Board of Social Work shall issue a license to practice as a licensed social 
126.31 	worker under Minnesota Statutes, chapter 148D, to an applicant who:
126.32 	(1) meets the requirements described in Minnesota Statutes, section 148D.055, 
126.33 	subdivision 2, paragraph (a), clauses (1), (3), (4), (5), and (6);
127.1 	(2) is currently licensed as a school social worker by the Board of Teaching under 
127.2 	Minnesota Statutes, chapter 122A; and
127.3 	(3) has been engaged in the practice of social work in an elementary, middle, or 
127.4 	secondary school, for the preceding 15 years.
127.5 	The board must accept applications under this section until August 1, 2007.

127.6 	EFFECTIVE DATE. This section is effective the day following final enactment.

127.7 	Sec. 135. APPLICABILITY OF RULES.
 127.8 	Minnesota Rules, parts 5601.0100 to 5601.3200, apply both to physical therapists 
127.9 	and physical therapist assistants, except parts 5601.1200; 5601.1300; 5601.1800; 
127.10 	5601.1900; 5601.2000; 5601.3200, subpart 2, item D; and 5601.3200, subpart 5, only 
127.11 	apply to physical therapists.

127.12 	Sec. 136. APPROPRIATIONS.
 127.13 	$9,000 is appropriated in fiscal year 2008 and $5,000 is appropriated in fiscal year 
127.14 	2009 from the state government special revenue fund to the commissioner of health for the 
127.15 	purpose of the examination procedures for individuals operating x-ray equipment.

127.16 	Sec. 137.  REPEALER.
 127.17 	(a) Minnesota Statutes 2006, sections 148.691, subdivision 3; 148.71, subdivision 1; 
127.18 	148.72; 148.745; and 148.775, are repealed.
127.19 	(b) Minnesota Statutes 2006, sections 148D.001; 148D.010; 148D.015; 148D.020; 
127.20 	148D.025; 148D.030; 148D.035; 148D.040; 148D.045; 148D.050; 148D.055; 148D.060; 
127.21 	148D.065; 148D.070; 148D.075; 148D.080; 148D.085; 148D.090; 148D.095; 148D.100; 
127.22 	148D.105; 148D.110; 148D.115; 148D.120; 148D.125; 148D.130; 148D.135; 148D.140; 
127.23 	148D.145; 148D.150; 148D.155; 148D.160; 148D.165; 148D.170; 148D.175; 148D.180; 
127.24 	148D.185; 148D.190; 148D.195; 148D.200; 148D.205; 148D.210; 148D.215; 148D.220; 
127.25 	148D.225; 148D.230; 148D.235; 148D.240; 148D.245; 148D.250; 148D.255; 148D.260; 
127.26 	148D.265; 148D.270; 148D.275; 148D.280; 148D.285; and 148D.290, are repealed 
127.27 	effective August 1, 2011.
127.28 	(c) Minnesota Rules, parts 2500.0500; 5601.0200; 5601.0300; 5601.0400; 
127.29 	5601.0500; 5601.0600; 5601.0700; 5601.0800; 5601.1400; 5601.1500; 5601.1600; 
127.30 	5601.2800; 5601.2900; 5601.3000; 5601.3105; 5601.3110; 5601.3115; 5601.3120; 
127.31 	5601.3125; 5601.3130; 5601.3135; 5601.3140; 5601.3145; 5601.3150; 5601.3155; 
127.32 	5601.3160; and 5601.3165, are repealed.

128.1 	Sec. 138. EFFECTIVE DATE.
 128.2 	Sections 63 to 121 are effective August 1, 2011.