HF 1140

2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; modifying requirements for an 
  1.3             agreement to regulate nuclear materials; regulating 
  1.4             the issuance of social work licenses and the payment 
  1.5             of fees; amending Minnesota Statutes 2002, sections 
  1.6             144.1202, subdivision 4; 148B.18, subdivision 2a, by 
  1.7             adding a subdivision; 148B.20, subdivision 3; 148B.21, 
  1.8             subdivision 7; 148B.22, by adding a subdivision; 
  1.9             148B.26, subdivision 1; 148B.27, subdivisions 1, 2; 
  1.10            Laws 2001, chapter 90, section 6; proposing coding for 
  1.11            new law in Minnesota Statutes, chapter 148B; repealing 
  1.12            Minnesota Rules, parts 8740.0200, subpart 3, item C; 
  1.13            8740.0222; 8740.0227; 8740.0290. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 2002, section 144.1202, 
  1.16  subdivision 4, is amended to read: 
  1.17     Subd. 4.  [AGREEMENT; CONDITIONS OF IMPLEMENTATION.] (a) An 
  1.18  agreement entered into before August 2, 2003 2006, must remain 
  1.19  in effect until terminated under the Atomic Energy Act of 1954, 
  1.20  United States Code, title 42, section 2021, paragraph (j).  The 
  1.21  governor may not enter into an initial agreement with the 
  1.22  Nuclear Regulatory Commission after August 1, 2003 2006.  If an 
  1.23  agreement is not entered into by August 1, 2003 2006, any rules 
  1.24  adopted under this section are repealed effective August 1, 2003 
  1.25  2006. 
  1.26     (b) An agreement authorized under subdivision 1 must be 
  1.27  approved by law before it may be implemented. 
  1.28     Sec. 2.  Minnesota Statutes 2002, section 148B.18, 
  1.29  subdivision 2a, is amended to read: 
  2.1      Subd. 2a.  [APPLICANT.] "Applicant" means a person who has 
  2.2   submitted an application, with the appropriate fee, for 
  2.3   licensure by the board, temporary licensure, or reinstatement of 
  2.4   an expired license. 
  2.5      Sec. 3.  Minnesota Statutes 2002, section 148B.18, is 
  2.6   amended by adding a subdivision to read: 
  2.7      Subd. 13.  [TEMPORARY LICENSEE.] "Temporary licensee" means 
  2.8   a person licensed by the board under section 148B.21, 
  2.9   subdivision 7. 
  2.10     Sec. 4.  Minnesota Statutes 2002, section 148B.20, 
  2.11  subdivision 3, is amended to read: 
  2.12     Subd. 3.  [DUTIES OF THE BOARD.] The board shall by rule 
  2.13  establish fees, including late fees, for licenses and renewals 
  2.14  so that the total fees collected by the board will as closely as 
  2.15  possible equal anticipated expenditures during the fiscal 
  2.16  biennium, as provided in section 16A.1285.  Fees must be 
  2.17  credited to accounts in the special revenue fund. 
  2.18     Sec. 5.  Minnesota Statutes 2002, section 148B.21, 
  2.19  subdivision 7, is amended to read: 
  2.20     Subd. 7.  [TEMPORARY PERMIT LICENSE.] (a) The board may 
  2.21  issue a temporary permit license to practice social work to an 
  2.22  applicant in the following situations, provided the applicant 
  2.23  meets all other requirements for licensure who is either: 
  2.24     (1) the applicant not licensed in any jurisdiction but has: 
  2.25     (i) applied for a license under section 148B.24; 
  2.26     (ii) applied for a temporary license on a form provided by 
  2.27  the board; 
  2.28     (iii) submitted a form provided by the board authorizing 
  2.29  the board to complete a criminal background check with the 
  2.30  Minnesota bureau of criminal apprehension; 
  2.31     (iv) passed the applicable licensure examination provided 
  2.32  for in section 148B.20, subdivision 1, paragraph (c); and 
  2.33     (v) the applicant's accredited program of social work has 
  2.34  submitted an affidavit on attested on a form provided by the 
  2.35  board verifying that the applicant's completion of applicant has 
  2.36  completed the requirements for a baccalaureate or master's 
  3.1   degree.  The affidavit must be submitted within 15 days of the 
  3.2   date of completion of the degree requirements.  The temporary 
  3.3   permit under this clause is valid for six months, or until a 
  3.4   license is issued, whichever comes first, and is 
  3.5   nonrenewable from a social work program accredited by the 
  3.6   Council on Social Work Education or the requirements for a 
  3.7   doctoral degree in social work; or 
  3.8      (2) the applicant has applied for licensure under section 
  3.9   148B.24 and the board determines that the applicant must pass 
  3.10  the licensure examination before being licensed.  The temporary 
  3.11  permit under this clause is valid if the applicant passes the 
  3.12  examination and completes the licensure process within the time 
  3.13  periods specified by the board, and is nonrenewable; licensed in 
  3.14  another jurisdiction, may or may not have applied for a license 
  3.15  under section 148B.20, and has: 
  3.16     (i) applied for a temporary license on a form provided by 
  3.17  the board; 
  3.18     (ii) submitted a form provided by the board authorizing the 
  3.19  board to complete a criminal background check with the Minnesota 
  3.20  bureau of criminal apprehension; 
  3.21     (iii) submitted evidence satisfactory to the board that the 
  3.22  applicant is currently licensed or credentialed to practice 
  3.23  social work in another jurisdiction; and 
  3.24     (iv) attested on a form provided by the board that the 
  3.25  applicant has completed the requirements for a baccalaureate or 
  3.26  master's degree from a social work program accredited by the 
  3.27  council on social work education or the requirements for a 
  3.28  doctoral degree in social work. 
  3.29     (3) the applicant has passed the licensure examination, has 
  3.30  graduated from a program of social work in candidacy status with 
  3.31  the Council on Social Work Education, and the program of social 
  3.32  work has submitted an affidavit on a form provided by the board 
  3.33  verifying the applicant's completion of the requirements for a 
  3.34  degree.  The affidavit must be submitted within 15 days of the 
  3.35  date of completion of the degree requirements.  The temporary 
  3.36  permit under this clause is valid for six months, and may be 
  4.1   extended at the board's discretion upon a showing that the 
  4.2   social work program remains in good standing with the Council on 
  4.3   Social Work Education.  If the board receives notice from the 
  4.4   Council on Social Work Education that the program of social work 
  4.5   is not in good standing or that accreditation will not be 
  4.6   granted to the program of social work, then the temporary permit 
  4.7   shall be invalid immediately and the applicant shall not qualify 
  4.8   for licensure; or 
  4.9      (4) the applicant was born in a foreign country, the 
  4.10  applicant has taken and failed to pass the licensure 
  4.11  examination, English is a second language for the applicant, and 
  4.12  the applicant's accredited program of social work has submitted 
  4.13  an affidavit on a form provided by the board verifying the 
  4.14  applicant's completion of the requirements for a degree.  The 
  4.15  affidavit must be submitted within 15 days of the date of 
  4.16  completion of the degree requirements.  The temporary permit 
  4.17  under this clause is valid for six months or until a license is 
  4.18  issued, whichever comes first, and is nonrenewable.  This clause 
  4.19  expires August 1, 2005.  
  4.20     (b) An applicant for a temporary license must not practice 
  4.21  social work in Minnesota until the applicant has been granted a 
  4.22  temporary license.  An applicant who is practicing social work 
  4.23  at the time of application is ineligible for a temporary license.
  4.24     (c) An applicant for a temporary license must pay the 
  4.25  nonrefundable application fee described in section 148B.226 plus 
  4.26  the required fee for the cost of the criminal background check.  
  4.27  Only one fee for the cost of the criminal background check must 
  4.28  be submitted when the applicant is applying for both a temporary 
  4.29  license and a license under section 148B.20. 
  4.30     (d) An applicant who is not licensed in another 
  4.31  jurisdiction and who obtains a temporary permit license may 
  4.32  practice social work only under the supervision of a licensed 
  4.33  social worker who is eligible to provide supervision under 
  4.34  section 148B.18, subdivision 12.  The applicant's supervisor 
  4.35  must provide evidence to the board, before the applicant is 
  4.36  approved by the board for licensure, that the applicant has 
  5.1   practiced social work under supervision.  This supervision will 
  5.2   not apply applies toward the supervision requirement required 
  5.3   after licensure. 
  5.4      (e) A temporary licensee who has provided evidence to the 
  5.5   board that the licensee has completed the requirements for a 
  5.6   baccalaureate degree in social work from a social work program 
  5.7   accredited by the Council on Social Work Education may 
  5.8   temporarily engage in the social work practice described in 
  5.9   section 148B.18, subdivision 11, paragraph (b), but may not 
  5.10  engage in the social work practice described in section 148B.18, 
  5.11  subdivision 11, paragraph (c). 
  5.12     (f) A temporary licensee who has provided evidence to the 
  5.13  board that the licensee has completed the requirements for a 
  5.14  master's degree in social work from a social work program 
  5.15  accredited by the Council on Social Work Education, or the 
  5.16  requirements for a doctoral degree in social work, may 
  5.17  temporarily engage in the social work practice described in 
  5.18  section 148B.18, subdivision 11, paragraphs (b) and (c). 
  5.19     (g) A temporary licensee shall conduct all professional 
  5.20  activities as a social worker in accordance with the 
  5.21  requirements established by the statutes and rules of the board. 
  5.22     (h) A temporary licensee must use the title "Social Worker -
  5.23  Temporary Licensee" in all professional use of the temporary 
  5.24  licensee's name. 
  5.25     (i) The board may immediately revoke the temporary license 
  5.26  of any temporary licensee who violates any requirements of this 
  5.27  subdivision.  A temporary licensee whose temporary license is 
  5.28  revoked shall immediately return the temporary license to the 
  5.29  board. 
  5.30     (c) (j) A temporary permit license is valid for six months, 
  5.31  or until the board issues or denies a license, or until the 
  5.32  board revokes the temporary license, whichever comes first, and 
  5.33  is nonrenewable.  An individual holding a temporary license may 
  5.34  not practice social work for more than six months without a 
  5.35  license under section 148B.24. 
  5.36     Sec. 6.  Minnesota Statutes 2002, section 148B.22, is 
  6.1   amended by adding a subdivision to read: 
  6.2      Subd. 1a.  [REINSTATEMENT OF EXPIRED LICENSES.] (a) The 
  6.3   board must reinstate an expired license under either of the 
  6.4   following conditions: 
  6.5      (1) hardship cases in which the applicant has: 
  6.6      (i) demonstrated to the board's satisfaction that the 
  6.7   applicant was unable to comply with the board's license renewal 
  6.8   requirements due to a mental or physical condition; 
  6.9      (ii) submitted an application for reinstatement on a form 
  6.10  provided by the board; 
  6.11     (iii) paid the applicable hardship reinstatement fee 
  6.12  described in section 148B.226, subdivision 2, paragraph (j); 
  6.13     (iv) demonstrated to the board's satisfaction that the 
  6.14  applicant was in compliance with the board's continuing 
  6.15  education requirements at the time the license expired; and 
  6.16     (v) if applicable, demonstrated to the board's satisfaction 
  6.17  that the licensee is in compliance with the supervised practice 
  6.18  requirements established by the board in rule and statute; or 
  6.19     (2) nonhardship cases in which the applicant has: 
  6.20     (i) submitted an application for reinstatement on a form 
  6.21  provided by the board within one year of the date the license 
  6.22  expired; 
  6.23     (ii) paid the applicable nonhardship reinstatement fee 
  6.24  described in section 148B.226, subdivision 2, paragraph (k); 
  6.25     (iii) demonstrated to the board's satisfaction that the 
  6.26  applicant was in compliance with the board's continuing 
  6.27  education requirements at the time the license expired; and 
  6.28     (iv) if applicable, demonstrated to the board's 
  6.29  satisfaction that the licensee is in compliance with the 
  6.30  supervised practice requirements established by the board in 
  6.31  rule and statute. 
  6.32     (b) When an applicant's expired license has been reinstated 
  6.33  under paragraph (a), clause (1) or (2), the reinstated license 
  6.34  is effective the day following the day the license expired. 
  6.35     (c) A licensee whose license expired on or after August 1, 
  6.36  2001, may apply for reinstatement of an expired license pursuant 
  7.1   to paragraph (a), clause (2).  The application must be submitted 
  7.2   no later than July 31, 2004. 
  7.3      Sec. 7.  [148B.224] [ALTERNATIVE LICENSE STATUS.] 
  7.4      Subdivision 1.  [DEFINED; QUALIFICATIONS.] A license may be 
  7.5   placed on inactive status if a licensee is not practicing social 
  7.6   work in Minnesota and the licensee does not wish to meet license 
  7.7   renewal requirements every two years.  A licensee qualifies for 
  7.8   inactive status if the licensee demonstrates to the board that 
  7.9   the licensee is not practicing social work, as defined by 
  7.10  section 148B.18, in any setting in Minnesota. 
  7.11     Subd. 2.  [APPLICATION.] (a) A licensee may apply for 
  7.12  inactive status:  (1) at any time by submitting a written 
  7.13  application for inactive status; or (2) as an alternative to 
  7.14  applying for the renewal of a license by so recording on the 
  7.15  application for license renewal form and submitting the 
  7.16  completed, signed form.  The application for inactive status 
  7.17  must be accompanied by the nonrefundable inactive status fee 
  7.18  specified in section 148B.226, payable to the board of social 
  7.19  work.  An application that is not completed or signed, or which 
  7.20  is not accompanied by the correct inactive status fee, shall be 
  7.21  returned to the licensee and is void.  If the application for 
  7.22  inactive status is received after the expiration date, the 
  7.23  licensee shall pay a late fee as specified in section 148B.226, 
  7.24  payable to the board of social work, in addition to the inactive 
  7.25  status fee, before the application for inactive status will be 
  7.26  considered by the board. 
  7.27     (b) The licensee shall attest on a form provided by the 
  7.28  board that the applicant will not use the title social worker 
  7.29  and will not engage in social work practice in any setting in 
  7.30  Minnesota after the date of the board's approval of the 
  7.31  application for inactive status. 
  7.32     Subd. 3.  [APPROVAL.] The board shall approve an 
  7.33  application for inactive status if the qualifications and 
  7.34  application requirements have been met. 
  7.35     Subd. 4.  [PRACTICE PROHIBITED.] Licensees on inactive 
  7.36  status shall not practice, attempt to practice, offer to 
  8.1   practice, or advertise or hold themselves out as authorized to 
  8.2   practice social work in any setting in Minnesota and shall use 
  8.3   only the title "Social Worker - Inactive Status." 
  8.4      Subd. 5.  [TIME LIMIT ON INACTIVE STATUS.] A licensee may 
  8.5   maintain a license on inactive status for up to ten consecutive 
  8.6   years.  Within 30 days after the end of this ten-year period, 
  8.7   the licensee must apply for reactivation of the license pursuant 
  8.8   to subdivision 7 or the license expires.  The board shall mail 
  8.9   an application for reactivation to a licensee at least 45 days 
  8.10  before the expiration date of the license.  Placing the 
  8.11  application for license reactivation in first class United 
  8.12  States mail, addressed to the licensee at the licensee's last 
  8.13  known mailing address with postage prepaid, constitutes valid 
  8.14  mailing.  Failure to receive the reactivation application does 
  8.15  not release a license holder from the requirements of this 
  8.16  section. 
  8.17     Subd. 6.  [CONTINUING EDUCATION REQUIREMENT.] A licensee 
  8.18  whose license is on inactive status must continue to obtain the 
  8.19  continuing education hours required by rule that would be 
  8.20  required if the licensee's license were on active status. 
  8.21     Subd. 7.  [REACTIVATING A LICENSE.] (a) To reactivate a 
  8.22  license, a licensee must complete an application for 
  8.23  reactivation of a license, in a form specified by the board; 
  8.24  document compliance with the continuing education hours required 
  8.25  by subdivision 6 and any continuing education hours not reported 
  8.26  by the last expiration date of the license; submit a supervision 
  8.27  plan under rules of the board, if required; pay a prorated 
  8.28  license renewal fee for the balance of the biennial renewal 
  8.29  cycle; and pay the duplicate license certificate fee specified 
  8.30  in section 148B.226, if the licensee needs a license in order to 
  8.31  meet the requirements of Minnesota Rules, part 8740.0340, 
  8.32  subpart 4. 
  8.33     (b) If a licensee who reactivates a license has been on 
  8.34  inactive status for five or more consecutive years and has not 
  8.35  practiced social work during this period, the licensee must 
  8.36  receive at least 38 hours of supervision for the first year of 
  9.1   full-time practice or 2,000 hours of part-time practice, in 
  9.2   accordance with the supervised practice requirements in rules of 
  9.3   the board, for application to the licensee's current level.  A 
  9.4   licensee must submit a supervision plan before beginning 
  9.5   practice, in accordance with rules of the board.  A licensee 
  9.6   must have the supervisor submit verification of the supervised 
  9.7   practice in a form specified by the board within 30 days of 
  9.8   completing this supervised practice requirement.  This 
  9.9   supervision requirement must be waived if the licensee can 
  9.10  document at least two years of social work practice, outside of 
  9.11  Minnesota, within the previous five-year period. 
  9.12     (c) For licensed social workers, the completed hours of 
  9.13  supervised practice required under this subpart apply toward any 
  9.14  remaining hours required by Minnesota Rules, part 8740.0130, 
  9.15  subpart 3. 
  9.16     (d) Licensed graduate social workers and licensed 
  9.17  independent social workers shall complete this supervised 
  9.18  practice requirement before applying for another social work 
  9.19  license.  Supervised practice hours obtained to meet this 
  9.20  requirement may be applied toward the supervised practice 
  9.21  requirement for another social work license. 
  9.22     Subd. 8.  [LICENSE OR RENEWAL FEE.] A licensee who is 
  9.23  approved for inactive status before the end of the renewal cycle 
  9.24  may not receive a refund for any portion of the license fee or 
  9.25  renewal fee. 
  9.26     Subd. 9.  [DISCIPLINARY OR CORRECTIVE ACTION.] The board 
  9.27  shall retain jurisdiction over a license on inactive status and 
  9.28  may take disciplinary or corrective action against the license 
  9.29  based on conduct occurring before inactive status was granted or 
  9.30  during the inactive status period. 
  9.31     Sec. 8.  [148B.225] [EMERITUS STATUS.] 
  9.32     Subdivision 1.  [DEFINED; QUALIFICATIONS.] A licensee may 
  9.33  apply for an emeritus license if the licensee is retired from 
  9.34  social work practice and does not intend to practice social work 
  9.35  in any setting in Minnesota.  A licensee shall qualify for an 
  9.36  emeritus license if the licensee demonstrates to the board that 
 10.1   the licensee is not practicing social work, as defined in 
 10.2   section 148B.18, and verifies that the licensee is retired from 
 10.3   social work practice. 
 10.4      Subd. 2.  [APPLICATION.] (a) A licensee may apply for an 
 10.5   emeritus license:  (1) at any time by submitting a written 
 10.6   application for an emeritus license; or (2) as an alternative to 
 10.7   applying for the renewal of a license by so recording on the 
 10.8   application for license renewal form and submitting a completed, 
 10.9   signed form.  The application for an emeritus license must be 
 10.10  accompanied by the onetime, nonrefundable emeritus license fee 
 10.11  specified in section 148B.226, payable to the board of social 
 10.12  work.  An application which is not completed or signed, or which 
 10.13  is not accompanied by the correct emeritus license fee must be 
 10.14  returned to the licensee and is void. 
 10.15     (b) An applicant for an emeritus license shall attest on a 
 10.16  form provided by the board that the licensee will not use the 
 10.17  title "social worker" and will not engage in social work 
 10.18  practice in any setting in Minnesota after the date of the 
 10.19  board's approval of the application for an emeritus license. 
 10.20     Subd. 3.  [APPROVAL.] The board shall approve an 
 10.21  application for an emeritus license if the qualifications and 
 10.22  application requirements have been met.  Upon approval of an 
 10.23  application for an emeritus license, the board shall issue an 
 10.24  emeritus license certificate. 
 10.25     Subd. 4.  [PRACTICE PROHIBITED.] A licensee with an 
 10.26  emeritus license shall not practice, attempt to practice, offer 
 10.27  to practice, or advertise or hold out as authorized to practice 
 10.28  social work in any setting in Minnesota, and shall use only the 
 10.29  title "social worker emeritus." 
 10.30     Subd. 5.  [REACTIVATING A LICENSE.] A licensee with an 
 10.31  emeritus license may reactivate a license by meeting the 
 10.32  requirements of section 148B.224, subdivision 7. 
 10.33     Subd. 6.  [LICENSE OR RENEWAL FEE.] A licensee who applies 
 10.34  for and is approved for an emeritus license before the end of 
 10.35  the renewal cycle may not receive a refund for any portion of 
 10.36  the license fee or renewal fee.  
 11.1      Subd. 7.  [DISCIPLINARY ACTION.] (a) The board may resolve 
 11.2   any pending complaints against a licensee before approving an 
 11.3   application for an emeritus license. 
 11.4      (b) The board shall retain jurisdiction and may take 
 11.5   disciplinary action against a licensee holding an emeritus 
 11.6   license based on conduct occurring before issuance of the 
 11.7   emeritus license. 
 11.8      Sec. 9.  [148B.226] [FEES.] 
 11.9      Subdivision 1.  [HOW PAYABLE.] The fees in subdivision 2 
 11.10  must be paid by personal check, bank draft, cashier's check, or 
 11.11  money order payable to the board of social work.  All fees are 
 11.12  nonrefundable. 
 11.13     Subd. 2.  [FEE AMOUNTS.] (a) Application fees for licensure 
 11.14  are as follows: 
 11.15     (1) for a licensed social worker or a licensed graduate 
 11.16  social worker, $45; 
 11.17     (2) for a licensed independent social worker or a licensed 
 11.18  independent clinical social worker, $90; 
 11.19     (3) for a reciprocity application for licensure at all 
 11.20  levels, $150; and 
 11.21     (4) for a temporary license application, $50. 
 11.22     (b) A criminal background check fee must be paid in the 
 11.23  amount determined by the bureau of criminal apprehension. 
 11.24     (c) License fees payable in addition to application fees 
 11.25  for licensure are as follows: 
 11.26     (1) licensed social worker, $115.20; 
 11.27     (2) licensed graduate social worker, $201.60; 
 11.28     (3) licensed independent social worker, $302.40; and 
 11.29     (4) licensed independent clinical social worker, $331.20. 
 11.30     (d) License renewal fees are as follows: 
 11.31     (1) licensed social worker, $115.20; 
 11.32     (2) licensed graduate social worker, $201.60; 
 11.33     (3) licensed independent social worker, $302.40; and 
 11.34     (4) licensed independent clinical social worker, $331.20. 
 11.35     (e) An emeritus license fee is $43.20. 
 11.36     (f) A duplicate license wall certificate is $30. 
 12.1      (g) Inactive status fees are as follows: 
 12.2      (1) licensed social worker, $115.20; 
 12.3      (2) licensed graduate social worker, $201.60; 
 12.4      (3) licensed independent social worker, $302.40; and 
 12.5      (4) licensed independent clinical social worker, $331.20. 
 12.6      (h) A duplicate license card is $10. 
 12.7      (i) A late fee is one-half of the applicable license 
 12.8   renewal fee or inactive status fee. 
 12.9      (j) Hardship reinstatement fees are as follows: 
 12.10     (1) licensed social worker, $172.80; 
 12.11     (2) licensed graduate social worker, $302.40; 
 12.12     (3) licensed independent social worker, $453.60; and 
 12.13     (4) licensed independent clinical social worker, $496.80. 
 12.14     (k) Nonhardship reinstatement fees are as follows: 
 12.15     (1) licensed social worker, $230.40; 
 12.16     (2) licensed graduate social worker, $403.20; 
 12.17     (3) licensed independent social worker, $604.80; and 
 12.18     (4) licensed independent clinical social worker, $662.40. 
 12.19     Sec. 10.  Minnesota Statutes 2002, section 148B.26, 
 12.20  subdivision 1, is amended to read: 
 12.21     Subdivision 1.  [GROUNDS.] The following conduct is grounds 
 12.22  for the board to deny the application for or the renewal of a 
 12.23  temporary permit or license, to take disciplinary or other 
 12.24  action against a license as provided for in section 148B.281, or 
 12.25  to take corrective action against a licensee as provided for in 
 12.26  chapter 214: 
 12.27     (1) engaging in any conduct which violates any statute or 
 12.28  rule enforced by the board, or any other law that is related to 
 12.29  the practice of social work; 
 12.30     (2) violating any order issued by the board; 
 12.31     (3) practicing outside the scope of practice authorized by 
 12.32  this chapter for each level of licensure; 
 12.33     (4) failing to demonstrate the qualifications or satisfy 
 12.34  the requirements for licensure, with the burden of proof on the 
 12.35  applicant to demonstrate the qualifications or the satisfaction 
 12.36  of the requirements; 
 13.1      (5) obtaining a temporary permit, license, or license 
 13.2   renewal by fraud, bribery, or cheating, or attempting to subvert 
 13.3   the examination process; 
 13.4      (6) making a false statement or misrepresentation to the 
 13.5   board; 
 13.6      (7) having been the subject of revocation, suspension, or 
 13.7   surrender of a social work or related license or of other 
 13.8   adverse action related to a social work or related license in 
 13.9   another jurisdiction or country; 
 13.10     (8) failing to report the revocation, suspension, or 
 13.11  surrender of a social work or related license or other adverse 
 13.12  action related to a social work or related license in another 
 13.13  jurisdiction or country, failing to report that a complaint or 
 13.14  other charges regarding the person's license have been brought 
 13.15  in this or another jurisdiction or country, or having been 
 13.16  refused a license by any other jurisdiction or country; 
 13.17     (9) engaging in unprofessional conduct or any other conduct 
 13.18  which has the potential for causing harm to the public, 
 13.19  including any departure from or failure to conform to the 
 13.20  minimum standards of acceptable and prevailing practice without 
 13.21  actual injury having to be established; 
 13.22     (10) engaging in unethical conduct or conduct likely to 
 13.23  deceive, defraud, or harm the public, demonstrating a willful or 
 13.24  careless disregard for the health, welfare, or safety of a 
 13.25  client, or engaging in a practice which is professionally 
 13.26  incompetent with proof of actual injury not having to be 
 13.27  established; 
 13.28     (11) being adjudicated by a court of competent 
 13.29  jurisdiction, within or without this state, as incapacitated, 
 13.30  mentally incompetent or mentally ill, chemically dependent, 
 13.31  mentally ill and dangerous to the public, or a psychopathic 
 13.32  personality; 
 13.33     (12) being unable to practice with reasonable skill and 
 13.34  safety by reason of illness, use of alcohol, drugs, chemicals or 
 13.35  any other materials, or as a result of any mental or physical 
 13.36  condition; 
 14.1      (13) engaging in improper or fraudulent billing practices, 
 14.2   including violations of the federal Medicare and Medicaid laws 
 14.3   or state medical assistance laws; 
 14.4      (14) obtaining money, property, or services from a client 
 14.5   through the use of undue influence, harassment, duress, 
 14.6   deception, or fraud or through the improper use of a 
 14.7   professional position; 
 14.8      (15) engaging in sexual contact, as defined in section 
 14.9   148A.01, with a client or conduct that is or may reasonably be 
 14.10  interpreted by the client as sexual, engaging in verbal behavior 
 14.11  that is or may reasonably be interpreted as sexually seductive 
 14.12  or sexually demeaning to a client, or engaging in conduct that 
 14.13  violates section 617.23; 
 14.14     (16) being convicted, including a finding or verdict of 
 14.15  guilt, whether or not the adjudication of guilt is withheld or 
 14.16  not entered, an admission of guilt, or a no contest plea, of a 
 14.17  crime against a minor; 
 14.18     (17) being convicted, including a finding or verdict of 
 14.19  guilt, whether or not the adjudication of guilt is withheld or 
 14.20  not entered, an admission of guilt, or a no contest plea of a 
 14.21  felony, gross misdemeanor, or misdemeanor reasonably related to 
 14.22  the practice of social work, as evidenced by a certified copy of 
 14.23  the conviction; 
 14.24     (18) engaging in an unfair discriminatory practice 
 14.25  prohibited by chapter 363 of an employee of the applicant, 
 14.26  licensee, or facility in which the applicant or licensee 
 14.27  practices; 
 14.28     (19) engaging in false, fraudulent, deceptive, or 
 14.29  misleading advertising; or 
 14.30     (20) revealing a privileged communication from or relating 
 14.31  to a client except when otherwise required or permitted by law. 
 14.32     Sec. 11.  Minnesota Statutes 2002, section 148B.27, 
 14.33  subdivision 1, is amended to read: 
 14.34     Subdivision 1.  [PRACTICE.] No individual shall engage in 
 14.35  social work practice unless that individual holds a valid 
 14.36  temporary permit license or a license as a licensed social 
 15.1   worker, licensed graduate social worker, licensed independent 
 15.2   social worker, or licensed independent clinical social worker.  
 15.3      Sec. 12.  Minnesota Statutes 2002, section 148B.27, 
 15.4   subdivision 2, is amended to read: 
 15.5      Subd. 2.  [USE OF TITLES.] No individual shall be presented 
 15.6   to the public by any title incorporating the words "social work" 
 15.7   or "social worker" unless that individual holds a valid 
 15.8   temporary permit license or a license issued under sections 
 15.9   148B.18 to 148B.289.  City, county, and state agency social 
 15.10  workers who are not licensed under sections 148B.18 to 148B.289 
 15.11  may use only the title city agency social worker or county 
 15.12  agency social worker or state agency social worker.  
 15.13     Sec. 13.  Laws 2001, chapter 90, section 6, is amended to 
 15.14  read: 
 15.15     Sec. 6.  [STUDY OF THE SOCIAL WORKER LICENSE EXAMINATION.] 
 15.16     (a) The board of social work shall, upon receipt of funding 
 15.17  from federal or private sources, commission a study by an 
 15.18  independent researcher to determine the extent to which the 
 15.19  social work licensure examination failure rate for applicants 
 15.20  who were born in a foreign country and for whom English is not 
 15.21  their first language is greater than the failure rate for 
 15.22  applicants from other populations taking the licensure 
 15.23  examination, and the underlying cause of any such disparity.  
 15.24  The study shall include consultations with and the collection of 
 15.25  data from Minnesota social work educators; representatives of 
 15.26  culturally based community organizations, including, but not 
 15.27  limited to, the Asian-Pacific, Chicano/Latino, and Somali 
 15.28  populations; and the national organization that develops, owns, 
 15.29  and maintains the social work examinations used by the board.  
 15.30  The study shall also include the collection and review of 
 15.31  relevant data from other health-related boards in Minnesota, as 
 15.32  well as relevant data from social work and health-related boards 
 15.33  in other states.  The results of the study shall be reported 
 15.34  directly to the board.  
 15.35     (b) Provided funding is received to conduct the study, the 
 15.36  board shall submit a report to the legislature by September 1, 
 16.1   2003 2004.  The report shall include the results of the study as 
 16.2   well as recommendations on possible remedies to address any 
 16.3   disparity in examination failure rates among different 
 16.4   populations. 
 16.5      Sec. 14.  [REVISOR INSTRUCTION.] 
 16.6      The revisor shall change references in Minnesota Rules from 
 16.7   "part 8740.0290" to "Minnesota Statutes, section 148B.226." 
 16.8      Sec. 15.  [REPEALER.] 
 16.9      Minnesota Rules, parts 8740.0200, subpart 3, item C; 
 16.10  8740.0222; 8740.0227; and 8740.0290, are repealed. 
 16.11     Sec. 16.  [EFFECTIVE DATE.] 
 16.12     Section 1 is effective the day following final enactment.