Minnesota Legislature
HF 1161
1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to health; recodifying statutes and rules 1.3 relating to social work; modifying provisions relating 1.4 to physical therapists; modifying dental licensure 1.5 provisions; modifying provisions for licensed 1.6 professional counselors; modifying physician review; 1.7 modifying information contained on prescriptions; 1.8 providing recognition for the practice of respiratory 1.9 therapy in emergency situations; providing that 1.10 audiologists need not obtain hearing instrument 1.11 dispenser certification; providing penalties; 1.12 establishing penalty fees for certain credentialed 1.13 health occupations; authorizing rulemaking; 1.14 establishing fees; providing criminal penalties; 1.15 amending Minnesota Statutes 2004, sections 13.383, 1.16 subdivision 10; 13.411, subdivision 5; 144.335, 1.17 subdivision 1; 144A.46, subdivision 2; 147.09; 1.18 147A.18, subdivisions 1, 3; 147C.05; 148.512, 1.19 subdivision 6, by adding subdivisions; 148.513, by 1.20 adding a subdivision; 148.515, by adding a 1.21 subdivision; 148.5194, by adding subdivisions; 1.22 148.5195, subdivision 3; 148.5196, subdivision 1; 1.23 148.6445, by adding a subdivision; 148.65, by adding 1.24 subdivisions; 148.706; 148.75; 148B.53, subdivisions 1.25 1, 3; 148B.54, subdivision 2; 148B.59; 148C.03, 1.26 subdivision 1; 148C.04, subdivisions 3, 4, 6, by 1.27 adding a subdivision; 148C.091, subdivision 1; 1.28 148C.10, subdivision 2; 148C.11, subdivisions 1, 4, 5, 1.29 6; 148C.12, subdivision 3, by adding a subdivision; 1.30 150A.01, subdivision 6a; 150A.06, subdivision 1a; 1.31 153A.13, subdivision 5; 153A.14, subdivisions 2h, 2i, 1.32 4, 4c, 9; 153A.15, subdivision 1; 153A.20, subdivision 1.33 1; 214.01, subdivision 2; 214.06, subdivision 1, by 1.34 adding a subdivision; 245.462, subdivision 18; 1.35 245.4871, subdivision 27; 256B.0625, subdivision 38; 1.36 256J.08, subdivision 73a; 319B.02, subdivision 19; 1.37 319B.40; proposing coding for new law in Minnesota 1.38 Statutes, chapters 148; 148B; 150A; 153A; proposing 1.39 coding for new law as Minnesota Statutes, chapter 1.40 148D; repealing Minnesota Statutes 2004, sections 1.41 148B.18; 148B.185; 148B.19; 148B.20; 148B.21; 1.42 148B.215; 148B.22; 148B.224; 148B.225; 148B.226; 1.43 148B.24; 148B.25; 148B.26; 148B.27; 148B.28; 148B.281; 1.44 148B.282; 148B.283; 148B.284; 148B.285; 148B.286; 1.45 148B.287; 148B.288; 148B.289; 148C.02; 148C.12, 1.46 subdivision 4; 153A.14, subdivisions 2a, 8, 10; 2.1 153A.19; Minnesota Rules, parts 4747.0030, subparts 2.2 11, 16; 4747.1200; 4747.1300; 5601.0100, subparts 3, 2.3 4; 8740.0100; 8740.0110; 8740.0120; 8740.0122; 2.4 8740.0130; 8740.0155; 8740.0185; 8740.0187; 8740.0200; 2.5 8740.0240; 8740.0260; 8740.0285; 8740.0300; 8740.0310; 2.6 8740.0315; 8740.0320; 8740.0325; 8740.0330; 8740.0335; 2.7 8740.0340; 8740.0345. 2.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.9 ARTICLE 1 2.10 BOARD OF SOCIAL WORK 2.11 Section 1. [148D.001] [CITATION.] 2.12 This chapter may be cited as the "Minnesota Board of Social 2.13 Work Practice Act." 2.14 Sec. 2. [148D.005] [PURPOSE.] 2.15 The purpose of this chapter is to promote and protect the 2.16 public health, safety, and welfare through the licensure and 2.17 regulation of persons who practice social work in this state. 2.18 Sec. 3. [148D.010] [DEFINITIONS.] 2.19 Subdivision 1. [SCOPE.] For the purpose of this chapter, 2.20 the terms in this section have the meanings given. 2.21 Subd. 2. [APPLICANT.] "Applicant" means a person who 2.22 submits an application to the board for a new license, a license 2.23 renewal, a change in license, an inactive license, reactivation 2.24 of a license, or a voluntary termination. 2.25 Subd. 3. [APPLICATION.] "Application" means an application 2.26 to the board for a new license, a license renewal, a change in 2.27 license, an inactive license, reactivation of a license, or 2.28 voluntary termination. 2.29 Subd. 4. [BOARD.] "Board" means the Board of Social Work 2.30 created under section 148D.025. 2.31 Subd. 5. [CLIENT.] "Client" means an individual, couple, 2.32 family, group, community, or organization that receives or has 2.33 received social work services as described in subdivision 9. 2.34 Subd. 6. [CLINICAL PRACTICE.] "Clinical practice" means 2.35 applying professional social work knowledge, skills, and values 2.36 in the differential diagnosis and treatment of psychosocial 2.37 function, disability, or impairment, including addictions and 2.38 emotional, mental, and behavioral disorders. Treatment includes 2.39 a plan based on a differential diagnosis. Treatment may 3.1 include, but is not limited to, the provision of psychotherapy 3.2 to individuals, couples, families, and groups. Clinical social 3.3 workers may also provide the services described in subdivision 9. 3.4 Subd. 7. [INTERN.] "Intern" means a student in field 3.5 placement working under the supervision or direction of a social 3.6 worker. 3.7 Subd. 8. [PERSON-IN-ENVIRONMENT PERSPECTIVE.] 3.8 "Person-in-environment perspective" means viewing human 3.9 behavior, development, and function in the context of one or 3.10 more of the following: the environment, social functioning, 3.11 mental health, and physical health. 3.12 Subd. 9. [PRACTICE OF SOCIAL WORK.] "Practice of social 3.13 work" means working to maintain, restore, or improve behavioral, 3.14 cognitive, emotional, mental, or social functioning of clients, 3.15 in a manner that applies accepted professional social work 3.16 knowledge, skills, and values, including the 3.17 person-in-environment perspective, by providing in person or 3.18 through telephone, video conferencing, or electronic means one 3.19 or more of the social work services described in clauses (1) to 3.20 (3). Social work services may address conditions that impair or 3.21 limit behavioral, cognitive, emotional, mental, or social 3.22 functioning. Such conditions include, but are not limited to, 3.23 the following: abuse and neglect of children or vulnerable 3.24 adults, addictions, developmental disorders, disabilities, 3.25 discrimination, illness, injuries, poverty, and trauma. Social 3.26 work services include: 3.27 (1) providing assessment and intervention through direct 3.28 contact with clients, developing a plan based on information 3.29 from an assessment, and providing services which include, but 3.30 are not limited to, assessment, case management, client-centered 3.31 advocacy, client education, consultation, counseling, crisis 3.32 intervention, and referral; 3.33 (2) providing for the direct or indirect benefit of clients 3.34 through administrative, educational, policy, or research 3.35 services including, but not limited to: 3.36 (i) advocating for policies, programs, or services to 4.1 improve the well-being of clients; 4.2 (ii) conducting research related to social work services; 4.3 (iii) developing and administering programs which provide 4.4 social work services; 4.5 (iv) engaging in community organization to address social 4.6 problems through planned collective action; 4.7 (v) supervising individuals who provide social work 4.8 services to clients; 4.9 (vi) supervising social workers in order to comply with the 4.10 supervised practice requirements specified in sections 148D.100 4.11 to 148D.125; and 4.12 (vii) teaching professional social work knowledge, skills, 4.13 and values to students; and 4.14 (3) engaging in clinical practice. 4.15 Subd. 10. [PROFESSIONAL NAME.] "Professional name" means 4.16 the name a licensed social worker uses in making representations 4.17 of the social worker's professional status to the public and 4.18 which has been designated to the board in writing pursuant to 4.19 section 148D.090. 4.20 Subd. 11. [PROFESSIONAL SOCIAL WORK KNOWLEDGE, SKILLS, AND 4.21 VALUES.] "Professional social work knowledge, skills, and values" 4.22 means the knowledge, skills, and values taught in programs 4.23 accredited by the Council on Social Work Education, the Canadian 4.24 Association of Schools of Social Work, or a similar 4.25 accreditation body designated by the board. Professional social 4.26 work knowledge, skills, and values include, but are not limited 4.27 to, principles of person-in-environment and the values, 4.28 principles, and standards described in the Code of Ethics of the 4.29 National Association of Social Workers. 4.30 Subd. 12. [SEXUAL CONDUCT.] "Sexual conduct" means any 4.31 physical contact or conduct that may be reasonably interpreted 4.32 as sexual, or any oral, written, electronic, or other 4.33 communication that suggests engaging in physical contact or 4.34 conduct that may be reasonably interpreted as sexual. 4.35 Subd. 13. [SOCIAL WORKER.] "Social worker" means an 4.36 individual who: 5.1 (1) is licensed as a social worker; or 5.2 (2) has obtained a social work degree from a program 5.3 accredited by the Council on Social Work Education, the Canadian 5.4 Association of Schools of Social Work, or a similar 5.5 accreditation body designated by the board and engages in the 5.6 practice of social work. 5.7 Subd. 14. [STUDENT.] "Student" means an individual who is 5.8 taught professional social work knowledge, skills, and values in 5.9 a program that has been accredited by the Council on Social Work 5.10 Education, the Canadian Association of Schools of Social Work, 5.11 or a similar accreditation body designated by the board. 5.12 Subd. 15. [SUPERVISEE.] "Supervisee" means an individual 5.13 provided evaluation and supervision or direction by a social 5.14 worker. 5.15 Subd. 16. [SUPERVISION.] "Supervision" means a 5.16 professional relationship between a supervisor and a social 5.17 worker in which the supervisor provides evaluation and direction 5.18 of the services provided by the social worker to promote 5.19 competent and ethical services to clients through the continuing 5.20 development of the social worker's knowledge and application of 5.21 accepted professional social work knowledge, skills, and values. 5.22 APPLICABILITY 5.23 Sec. 4. [148D.015] [SCOPE.] 5.24 This chapter applies to all applicants and licensees, all 5.25 persons who use the title social worker, and all persons in or 5.26 out of this state who provide social work services to clients 5.27 who reside in this state unless there are specific applicable 5.28 exemptions provided by law. 5.29 Sec. 5. [148D.020] [CHAPTER 214.] 5.30 Chapter 214 applies to the Board of Social Work unless 5.31 superseded by this chapter. 5.32 BOARD 5.33 Sec. 6. [148D.025] [BOARD OF SOCIAL WORK.] 5.34 Subdivision 1. [CREATION.] The Board of Social Work 5.35 consists of 15 members appointed by the governor. The members 5.36 are: 6.1 (1) ten social workers licensed pursuant to section 6.2 148D.055; and 6.3 (2) five public members as defined in section 214.02. 6.4 Subd. 2. [QUALIFICATIONS OF BOARD MEMBERS.] (a) All social 6.5 worker members must have engaged in the practice of social work 6.6 in Minnesota for at least one year during the ten years 6.7 preceding their appointments. 6.8 (b) Five social worker members must be licensed social 6.9 workers. The other five members must be a licensed graduate 6.10 social worker, a licensed independent social worker, or a 6.11 licensed independent clinical social worker. 6.12 (c) Eight social worker members must be engaged at the time 6.13 of their appointment in the practice of social work in Minnesota 6.14 in the following settings: 6.15 (1) one member must be engaged in the practice of social 6.16 work in a county agency; 6.17 (2) one member must be engaged in the practice of social 6.18 work in a state agency; 6.19 (3) one member must be engaged in the practice of social 6.20 work in an elementary, middle, or secondary school; 6.21 (4) one member must be employed in a hospital or nursing 6.22 home licensed under chapter 144 or 144A; 6.23 (5) two members must be engaged in the practice of social 6.24 work in a private agency; 6.25 (6) one member must be engaged in the practice of social 6.26 work in a clinical social work setting; and 6.27 (7) one member must be an educator engaged in regular 6.28 teaching duties at a program of social work accredited by the 6.29 Council on Social Work Education or a similar accreditation body 6.30 designated by the board. 6.31 (d) At the time of their appointments, at least six members 6.32 must reside outside of the seven-county metropolitan area. 6.33 (e) At the time of their appointments, at least five 6.34 members must be persons with expertise in communities of color. 6.35 Subd. 3. [OFFICERS.] The board must annually elect from 6.36 its membership a chair, vice-chair, and secretary-treasurer. 7.1 Subd. 4. [BYLAWS.] The board must adopt bylaws to govern 7.2 its proceedings. 7.3 Subd. 5. [EXECUTIVE DIRECTOR.] The board must appoint and 7.4 employ an executive director who is not a member of the board. 7.5 Sec. 7. [148D.030] [DUTIES OF THE BOARD.] 7.6 Subdivision 1. [DUTIES.] The board must perform the duties 7.7 necessary to promote and protect the public health, safety, and 7.8 welfare through the licensure and regulation of persons who 7.9 practice social work in this state. These duties include, but 7.10 are not limited to: 7.11 (1) establishing the qualifications and procedures for 7.12 individuals to be licensed as social workers; 7.13 (2) establishing standards of practice for social workers; 7.14 (3) holding examinations or contracting with the 7.15 Association of Social Work Boards or a similar examination body 7.16 designated by the board to hold examinations to assess 7.17 applicants' qualifications; 7.18 (4) issuing licenses to qualified individuals pursuant to 7.19 sections 148D.055 and 148D.060; 7.20 (5) taking disciplinary, adversarial, corrective, or other 7.21 action pursuant to sections 148D.255 to 148D.270 when an 7.22 individual violates the requirements of this chapter; 7.23 (6) assessing fees pursuant to sections 148D.175 and 7.24 148D.180; and 7.25 (7) educating social workers and the public on the 7.26 requirements of the board. 7.27 Subd. 2. [RULES.] The board may adopt and enforce rules to 7.28 carry out the duties specified in subdivision 1. 7.29 Sec. 8. [148D.035] [VARIANCES.] 7.30 If the effect of a requirement pursuant to this chapter is 7.31 unreasonable, impossible to execute, absurd, or would impose an 7.32 extreme hardship on a licensee, the board may grant a variance 7.33 if the variance is consistent with promoting and protecting the 7.34 public health, safety, and welfare. A variance must not be 7.35 granted for core licensing standards such as substantive 7.36 educational and examination requirements. 8.1 Sec. 9. [148D.040] [IMMUNITY.] 8.2 Board members, board employees, and persons engaged on 8.3 behalf of the board are immune from civil liability for any 8.4 actions, transactions, or publications in the lawful execution 8.5 of or relating to their duties under this chapter. 8.6 CONTESTED CASES 8.7 Sec. 10. [148D.045] [CONTESTED CASE HEARING.] 8.8 An applicant or a licensee who is the subject of a 8.9 disciplinary or adversarial action by the board pursuant to this 8.10 chapter may request a contested case hearing under sections 8.11 14.57 to 14.62. An applicant or a licensee who desires to 8.12 request a contested case hearing must submit a written request 8.13 to the board within 90 days after the date on which the board 8.14 mailed the notification of the adverse action, except as 8.15 otherwise provided in this chapter. 8.16 LICENSING 8.17 Sec. 11. [148D.050] [LICENSING; SCOPE OF PRACTICE.] 8.18 Subdivision 1. [REQUIREMENTS.] The practice of social work 8.19 must comply with the requirements of subdivision 2, 3, 4, or 5. 8.20 Subd. 2. [LICENSED SOCIAL WORKER.] A licensed social 8.21 worker may engage in social work practice except that a licensed 8.22 social worker must not engage in clinical practice. 8.23 Subd. 3. [LICENSED GRADUATE SOCIAL WORKER.] A licensed 8.24 graduate social worker may engage in social work practice except 8.25 that a licensed graduate social worker must not engage in 8.26 clinical practice except under the supervision of a licensed 8.27 independent clinical social worker or an alternate supervisor 8.28 pursuant to section 148D.120. 8.29 Subd. 4. [LICENSED INDEPENDENT SOCIAL WORKER.] A licensed 8.30 independent social worker may engage in social work practice 8.31 except that a licensed independent social worker must not engage 8.32 in clinical practice except under the supervision of a licensed 8.33 independent clinical social worker or an alternate supervisor 8.34 pursuant to section 148D.120. 8.35 Subd. 5. [LICENSED INDEPENDENT CLINICAL SOCIAL WORKER.] A 8.36 licensed independent clinical social worker may engage in social 9.1 work practice, including clinical practice. 9.2 Sec. 12. [148D.055] [LICENSE REQUIREMENTS.] 9.3 Subdivision 1. [LICENSE REQUIRED.] (a) In order to 9.4 practice social work, an individual must have a social work 9.5 license under this section or section 148D.060, except when the 9.6 individual is exempt from licensure pursuant to section 148D.065. 9.7 (b) Individuals who teach professional social work 9.8 knowledge, skills, and values to students and who have a social 9.9 work degree from a program accredited by the Council on Social 9.10 Work Education, the Canadian Association of Schools of Social 9.11 Work, or a similar accreditation body designated by the board 9.12 must have a social work license under this section or section 9.13 148D.060, except when the individual is exempt from licensure 9.14 pursuant to section 148D.065. 9.15 Subd. 2. [QUALIFICATIONS FOR LICENSURE BY EXAMINATION AS A 9.16 LICENSED SOCIAL WORKER.] (a) Except as provided in paragraph 9.17 (i), to be licensed as a licensed social worker, an applicant 9.18 for licensure by examination must provide evidence satisfactory 9.19 to the board that the applicant: 9.20 (1) has received a baccalaureate degree in social work from 9.21 a program accredited by the Council on Social Work Education, 9.22 the Canadian Association of Schools of Social Work, or a similar 9.23 accreditation body designated by the board; 9.24 (2) has passed the bachelors or equivalent examination 9.25 administered by the Association of Social Work Boards or a 9.26 similar examination body designated by the board. Unless an 9.27 applicant applies for licensure by endorsement pursuant to 9.28 subdivision 7, an examination is not valid if it was taken and 9.29 passed eight or more years prior to submitting a completed, 9.30 signed application form provided by the board. The examination 9.31 may be taken prior to completing degree requirements; 9.32 (3) has submitted a completed, signed application form 9.33 provided by the board, including the applicable application fee 9.34 specified in section 148D.180. For applications submitted 9.35 electronically, a "signed application" means providing an 9.36 attestation as specified by the board; 10.1 (4) has submitted the criminal background check fee and a 10.2 form provided by the board authorizing a criminal background 10.3 check pursuant to subdivision 8; 10.4 (5) has paid the applicable license fee specified in 10.5 section 148D.180; and 10.6 (6) has not engaged in conduct that was or would be in 10.7 violation of the standards of practice specified in sections 10.8 148D.195 to 148D.240. If the applicant has engaged in conduct 10.9 that was or would be in violation of the standards of practice, 10.10 the board may take action pursuant to sections 148D.255 to 10.11 148D.270. 10.12 (b) An application that is not completed and signed, or 10.13 that is not accompanied by the correct fee, must be returned to 10.14 the applicant, along with any fee submitted, and is void. 10.15 (c) A licensee granted a license by the board pursuant to 10.16 paragraph (a) must meet the supervised practice requirements 10.17 specified in sections 148D.100 to 148D.125. If a licensee does 10.18 not meet the supervised practice requirements, the board may 10.19 take action pursuant to sections 148D.255 to 148D.270. 10.20 (d) By submitting an application for licensure, an 10.21 applicant authorizes the board to investigate any information 10.22 provided or requested in the application. The board may request 10.23 that the applicant provide additional information, verification, 10.24 or documentation. 10.25 (e) Within one year of the time the board receives an 10.26 application for licensure, the applicant must meet all the 10.27 requirements specified in paragraph (a) and must provide all of 10.28 the information requested by the board pursuant to paragraph 10.29 (d). If within one year the applicant does not meet all the 10.30 requirements, or does not provide all of the information 10.31 requested, the applicant is considered ineligible and the 10.32 application for licensure must be closed. 10.33 (f) Except as provided in paragraph (g), an applicant may 10.34 not take more than three times the bachelors or equivalent 10.35 examination administered by the Association of Social Work 10.36 Boards, or a similar examination body designated by the board. 11.1 An applicant must receive a passing score on the bachelors or 11.2 equivalent examination administered by the Association of Social 11.3 Work Boards or a similar examination body designated by the 11.4 board in no more than 18 months after the date the applicant 11.5 first failed the examination. 11.6 (g) Notwithstanding paragraph (f), the board may allow an 11.7 applicant to take, for a fourth or subsequent time, the 11.8 bachelors or equivalent examination administered by the 11.9 Association of Social Work Boards or a similar examination body 11.10 designated by the board if the applicant: 11.11 (1) meets all requirements specified in paragraphs (a) to 11.12 (e) other than passing the bachelors or equivalent examination 11.13 administered by the Association of Social Work Boards or a 11.14 similar examination body designated by the board; 11.15 (2) provides to the board a description of the efforts the 11.16 applicant has made to improve the applicant's score and 11.17 demonstrates to the board's satisfaction that the efforts are 11.18 likely to improve the score; and 11.19 (3) provides to the board letters of recommendation from 11.20 two licensed social workers attesting to the applicant's ability 11.21 to practice social work competently and ethically in accordance 11.22 with professional social work knowledge, skills, and values. 11.23 (h) An individual must not practice social work until the 11.24 individual passes the examination and receives a social work 11.25 license under this section or section 148D.060. If the board 11.26 has reason to believe that an applicant may be practicing social 11.27 work without a license, and the applicant has failed the 11.28 bachelors or equivalent examination administered by the 11.29 Association of Social Work Boards or a similar examination body 11.30 designated by the board, the board may notify the applicant's 11.31 employer that the applicant is not licensed as a social worker. 11.32 (i) An applicant who was born in a foreign country, who has 11.33 taken and failed to pass the examination specified in paragraph 11.34 (a), clause (2), at least once since January 1, 2000, and for 11.35 whom English is a second language, is eligible for licensure as 11.36 a social worker if the applicant: 12.1 (1) provides evidence to the board of compliance with the 12.2 requirements in paragraph (a), clauses (1) and (3) to (6), and 12.3 in paragraphs (b) to (e) and (h); and 12.4 (2) provides to the board letters of recommendation and 12.5 experience ratings from two licensed social workers and one 12.6 professor from the applicant's social work program who can 12.7 attest to the applicant's competence. 12.8 This paragraph expires August 1, 2007. 12.9 Subd. 3. [QUALIFICATIONS FOR LICENSURE BY EXAMINATION AS A 12.10 LICENSED GRADUATE SOCIAL WORKER.] (a) Except as provided in 12.11 paragraph (i), to be licensed as a licensed graduate social 12.12 worker, an applicant for licensure by examination must provide 12.13 evidence satisfactory to the board that the applicant: 12.14 (1) has received a graduate degree in social work from a 12.15 program accredited by the Council on Social Work Education, the 12.16 Canadian Association of Schools of Social Work, or a similar 12.17 accreditation body designated by the board; 12.18 (2) has passed the masters or equivalent examination 12.19 administered by the Association of Social Work Boards or a 12.20 similar examination body designated by the board. Unless an 12.21 applicant applies for licensure by endorsement pursuant to 12.22 section 148D.055, subdivision 7, an examination is not valid if 12.23 it was taken and passed eight or more years prior to submitting 12.24 a completed, signed application form provided by the board. The 12.25 examination may be taken prior to completing degree 12.26 requirements; 12.27 (3) has submitted a completed, signed application form 12.28 provided by the board, including the applicable application fee 12.29 specified in section 148D.180. For applications submitted 12.30 electronically, a "signed application" means providing an 12.31 attestation as specified by the board; 12.32 (4) has submitted the criminal background check fee and a 12.33 form provided by the board authorizing a criminal background 12.34 check pursuant to subdivision 8; 12.35 (5) has paid the applicable license fee specified in 12.36 section 148D.180; and 13.1 (6) has not engaged in conduct that was or would be in 13.2 violation of the standards of practice specified in sections 13.3 148D.195 to 148D.240. If the applicant has engaged in conduct 13.4 that was or would be in violation of the standards of practice, 13.5 the board may take action pursuant to sections 148D.255 to 13.6 148D.270. 13.7 (b) An application which is not completed and signed, or 13.8 which is not accompanied by the correct fee, must be returned to 13.9 the applicant, along with any fee submitted, and is void. 13.10 (c) A licensee granted a license by the board pursuant to 13.11 paragraph (a) must meet the supervised practice requirements 13.12 specified in sections 148D.100 to 148D.125. If a licensee does 13.13 not meet the supervised practice requirements, the board may 13.14 take action pursuant to sections 148D.255 to 148D.270. 13.15 (d) By submitting an application for licensure, an 13.16 applicant authorizes the board to investigate any information 13.17 provided or requested in the application. The board may request 13.18 that the applicant provide additional information, verification, 13.19 or documentation. 13.20 (e) Within one year of the time the board receives an 13.21 application for licensure, the applicant must meet all the 13.22 requirements specified in paragraph (a) and must provide all of 13.23 the information requested by the board pursuant to paragraph 13.24 (d). If within one year the applicant does not meet all the 13.25 requirements, or does not provide all of the information 13.26 requested, the applicant is considered ineligible and the 13.27 application for licensure must be closed. 13.28 (f) Except as provided in paragraph (g), an applicant may 13.29 not take more than three times the masters or equivalent 13.30 examination administered by the Association of Social Work 13.31 Boards or a similar examination body designated by the board. 13.32 An applicant must receive a passing score on the masters or 13.33 equivalent examination administered by the Association of Social 13.34 Work Boards or a similar examination body designated by the 13.35 board in no more than 18 months after the date the applicant 13.36 first failed the examination. 14.1 (g) Notwithstanding paragraph (f), the board may allow an 14.2 applicant to take, for a fourth or subsequent time, the masters 14.3 or equivalent examination administered by the Association of 14.4 Social Work Boards or a similar examination body designated by 14.5 the board if the applicant: 14.6 (1) meets all requirements specified in paragraphs (a) to 14.7 (e) other than passing the masters or equivalent examination 14.8 administered by the Association of Social Work boards or a 14.9 similar examination body designated by the board; 14.10 (2) provides to the board a description of the efforts the 14.11 applicant has made to improve the applicant's score and 14.12 demonstrates to the board's satisfaction that the efforts are 14.13 likely to improve the score; and 14.14 (3) provides to the board letters of recommendation from 14.15 two licensed social workers attesting to the applicant's ability 14.16 to practice social work competently and ethically in accordance 14.17 with professional social work knowledge, skills, and values. 14.18 (h) An individual must not practice social work until the 14.19 individual passes the examination and receives a social work 14.20 license under this section or section 148D.060. If the board 14.21 has reason to believe that an applicant may be practicing social 14.22 work without a license, and the applicant has failed the masters 14.23 or equivalent examination administered by the Association of 14.24 Social Work Boards or a similar examination body designated by 14.25 the board, the board may notify the applicant's employer that 14.26 the applicant is not licensed as a social worker. 14.27 (i) An applicant who was born in a foreign country, who has 14.28 taken and failed to pass the examination specified in paragraph 14.29 (a), clause (2), at least once since January 1, 2000, and for 14.30 whom English is a second language, is eligible for licensure as 14.31 a social worker if the applicant: 14.32 (1) provides evidence to the board of compliance with the 14.33 requirements in paragraph (a), clauses (1) and (3) to (6), and 14.34 in paragraphs (b) to (e) and (h); and 14.35 (2) provides to the board letters of recommendation and 14.36 experience ratings from two licensed social workers and one 15.1 professor from the applicant's social work program who can 15.2 attest to the applicant's competence. 15.3 This paragraph expires August 1, 2007. 15.4 Subd. 4. [QUALIFICATIONS FOR LICENSURE BY EXAMINATION AS A 15.5 LICENSED INDEPENDENT SOCIAL WORKER.] (a) Except as provided in 15.6 paragraph (i), to be licensed as a licensed independent social 15.7 worker, an applicant for licensure by examination must provide 15.8 evidence satisfactory to the board that the applicant: 15.9 (1) has received a graduate degree in social work from a 15.10 program accredited by the Council on Social Work Education, the 15.11 Canadian Association of Schools of Social Work, or a similar 15.12 accreditation body designated by the board; 15.13 (2) has practiced social work as defined in section 15.14 148D.010, and has met the supervised practice requirements 15.15 specified in sections 148D.100 to 148D.125; 15.16 (3) has passed the advanced generalist or equivalent 15.17 examination administered by the Association of Social Work 15.18 Boards or a similar examination body designated by the board. 15.19 Unless an applicant applies for licensure by endorsement 15.20 pursuant to subdivision 7, an examination is not valid if it was 15.21 taken and passed eight or more years prior to submitting a 15.22 completed, signed application form provided by the board; 15.23 (4) has submitted a completed, signed application form 15.24 provided by the board, including the applicable application fee 15.25 specified in section 148D.180. For applications submitted 15.26 electronically, a "signed application" means providing an 15.27 attestation as specified by the board; 15.28 (5) has submitted the criminal background check fee and a 15.29 form provided by the board authorizing a criminal background 15.30 check pursuant to subdivision 8; 15.31 (6) has paid the applicable license fee specified in 15.32 section 148D.180; and 15.33 (7) has not engaged in conduct that was or would be in 15.34 violation of the standards of practice specified in sections 15.35 148D.195 to 148D.240. If the applicant has engaged in conduct 15.36 that was or would be in violation of the standards of practice, 16.1 the board may take action pursuant to sections 148D.255 to 16.2 148D.270. 16.3 (b) An application which is not completed and signed, or 16.4 which is not accompanied by the correct fee, must be returned to 16.5 the applicant, along with any fee submitted, and is void. 16.6 (c) A licensed independent social worker who practices 16.7 clinical social work must meet the supervised practice 16.8 requirements specified in sections 148D.100 to 148D.125. If a 16.9 licensee does not meet the supervised practice requirements, the 16.10 board may take action pursuant to sections 148D.255 to 148D.270. 16.11 (d) By submitting an application for licensure, an 16.12 applicant authorizes the board to investigate any information 16.13 provided or requested in the application. The board may request 16.14 that the applicant provide additional information, verification, 16.15 or documentation. 16.16 (e) Within one year of the time the board receives an 16.17 application for licensure, the applicant must meet all the 16.18 requirements specified in paragraph (a) and must provide all of 16.19 the information requested by the board pursuant to paragraph 16.20 (d). If within one year the applicant does not meet all the 16.21 requirements, or does not provide all of the information 16.22 requested, the applicant is considered ineligible and the 16.23 application for licensure must be closed. 16.24 (f) Except as provided in paragraph (g), an applicant may 16.25 not take more than three times the advanced generalist or 16.26 equivalent examination administered by the Association of Social 16.27 Work Boards or a similar examination body designated by the 16.28 board. An applicant must receive a passing score on the masters 16.29 or equivalent examination administered by the Association of 16.30 Social Work Boards or a similar examination body designated by 16.31 the board in no more than 18 months after the first time the 16.32 applicant failed the examination. 16.33 (g) Notwithstanding paragraph (f), the board may allow an 16.34 applicant to take, for a fourth or subsequent time, the advanced 16.35 generalist or equivalent examination administered by the 16.36 Association of Social Work Boards or a similar examination body 17.1 designated by the board if the applicant: 17.2 (1) meets all requirements specified in paragraphs (a) to 17.3 (e) other than passing the advanced generalist or equivalent 17.4 examination administered by the Association of Social Work 17.5 Boards or a similar examination body designated by the board; 17.6 (2) provides to the board a description of the efforts the 17.7 applicant has made to improve the applicant's score and 17.8 demonstrates to the board's satisfaction that the efforts are 17.9 likely to improve the score; and 17.10 (3) provides to the board letters of recommendation from 17.11 two licensed social workers attesting to the applicant's ability 17.12 to practice social work competently and ethically in accordance 17.13 with professional social work knowledge, skills, and values. 17.14 (h) An individual must not practice social work until the 17.15 individual passes the examination and receives a social work 17.16 license under this section or section 148D.060. If the board 17.17 has reason to believe that an applicant may be practicing social 17.18 work without a license, except as provided in section 148D.065, 17.19 and the applicant has failed the advanced generalist or 17.20 equivalent examination administered by the Association of Social 17.21 Work Boards or a similar examination body designated by the 17.22 board, the board may notify the applicant's employer that the 17.23 applicant is not licensed as a social worker. 17.24 (i) An applicant who was born in a foreign country, who has 17.25 taken and failed to pass the examination specified in paragraph 17.26 (a), clause (3), at least once since January 1, 2000, and for 17.27 whom English is a second language, is eligible for licensure as 17.28 a social worker if the applicant: 17.29 (1) provides evidence to the board of compliance with the 17.30 requirements in paragraph (a), clauses (1), (2), and (4) to (7), 17.31 and in paragraphs (b) to (e) and (h); and 17.32 (2) provides to the board letters of recommendation and 17.33 experience ratings from two licensed social workers and one 17.34 professor from the applicant's social work program who can 17.35 attest to the applicant's competence. 17.36 This paragraph expires August 1, 2007. 18.1 Subd. 5. [QUALIFICATIONS FOR LICENSURE BY EXAMINATION AS A 18.2 LICENSED INDEPENDENT CLINICAL SOCIAL WORKER.] (a) Except as 18.3 provided in paragraph (h), to be licensed as a licensed 18.4 independent clinical social worker, an applicant for licensure 18.5 by examination must provide evidence satisfactory to the board 18.6 that the applicant: 18.7 (1) has received a graduate degree in social work from a 18.8 program accredited by the Council on Social Work Education, the 18.9 Canadian Association of Schools of Social Work, or a similar 18.10 accreditation body designated by the board; 18.11 (2) has practiced clinical social work as defined in 18.12 section 148D.010, including both diagnosis and treatment, and 18.13 has met the supervised practice requirements specified in 18.14 sections 148D.100 to 148D.125; 18.15 (3) has passed the clinical or equivalent examination 18.16 administered by the Association of Social Work Boards or a 18.17 similar examination body designated by the board. Unless an 18.18 applicant applies for licensure by endorsement pursuant to 18.19 subdivision 7, an examination is not valid if it was taken and 18.20 passed eight or more years prior to submitting a completed, 18.21 signed application form provided by the board; 18.22 (4) has submitted a completed, signed application form 18.23 provided by the board, including the applicable application fee 18.24 specified in section 148D.180. For applications submitted 18.25 electronically, a "signed application" means providing an 18.26 attestation as specified by the board; 18.27 (5) has submitted the criminal background check fee and a 18.28 form provided by the board authorizing a criminal background 18.29 check pursuant to subdivision 8; 18.30 (6) has paid the license fee specified in section 148D.180; 18.31 and 18.32 (7) has not engaged in conduct that was or would be in 18.33 violation of the standards of practice specified in sections 18.34 148D.195 to 148D.240. If the applicant has engaged in conduct 18.35 that was or would be in violation of the standards of practice, 18.36 the board may take action pursuant to sections 148D.255 to 19.1 148D.270. 19.2 (b) An application which is not completed and signed, or 19.3 which is not accompanied by the correct fee, must be returned to 19.4 the applicant, along with any fee submitted, and is void. 19.5 (c) By submitting an application for licensure, an 19.6 applicant authorizes the board to investigate any information 19.7 provided or requested in the application. The board may request 19.8 that the applicant provide additional information, verification, 19.9 or documentation. 19.10 (d) Within one year of the time the board receives an 19.11 application for licensure, the applicant must meet all the 19.12 requirements specified in paragraph (a) and must provide all of 19.13 the information requested by the board pursuant to paragraph 19.14 (c). If within one year the applicant does not meet all the 19.15 requirements, or does not provide all of the information 19.16 requested, the applicant is considered ineligible and the 19.17 application for licensure must be closed. 19.18 (e) Except as provided in paragraph (f), an applicant may 19.19 not take more than three times the clinical or equivalent 19.20 examination administered by the Association of Social Work 19.21 Boards or a similar examination body designated by the board. 19.22 An applicant must receive a passing score on the clinical or 19.23 equivalent examination administered by the Association of Social 19.24 Work Boards or a similar examination body designated by the 19.25 board no later than 18 months after the first time the applicant 19.26 failed the examination. 19.27 (f) Notwithstanding paragraph (e), the board may allow an 19.28 applicant to take, for a fourth or subsequent time, the clinical 19.29 or equivalent examination administered by the Association of 19.30 Social Work Boards or a similar examination body designated by 19.31 the board if the applicant: 19.32 (1) meets all requirements specified in paragraphs (a) to 19.33 (d) other than passing the clinical or equivalent examination 19.34 administered by the Association of Social Work Boards or a 19.35 similar examination body designated by the board; 19.36 (2) provides to the board a description of the efforts the 20.1 applicant has made to improve the applicant's score and 20.2 demonstrates to the board's satisfaction that the efforts are 20.3 likely to improve the score; and 20.4 (3) provides to the board letters of recommendation from 20.5 two licensed social workers attesting to the applicant's ability 20.6 to practice social work competently and ethically in accordance 20.7 with professional social work knowledge, skills, and values. 20.8 (g) An individual must not practice social work until the 20.9 individual passes the examination and receives a social work 20.10 license under this section or section 148D.060. If the board 20.11 has reason to believe that an applicant may be practicing social 20.12 work without a license, and the applicant has failed the 20.13 clinical or equivalent examination administered by the 20.14 Association of Social Work Boards or a similar examination body 20.15 designated by the board, the board may notify the applicant's 20.16 employer that the applicant is not licensed as a social worker. 20.17 (h) An applicant who was born in a foreign country, who has 20.18 taken and failed to pass the examination specified in paragraph 20.19 (a), clause (3), at least once since January 1, 2000, and for 20.20 whom English is a second language, is eligible for licensure as 20.21 a social worker if the applicant: 20.22 (1) provides evidence to the board of compliance with the 20.23 requirements in paragraph (a), clauses (1), (2), and (4) to (7), 20.24 and paragraphs (b) to (d) and (g); and 20.25 (2) provides to the board letters of recommendation and 20.26 experience ratings from two licensed social workers and one 20.27 professor from the applicant's social work program who can 20.28 attest to the applicant's competence. 20.29 This paragraph expires August 1, 2007. 20.30 Subd. 6. [DEGREES FROM OUTSIDE THE UNITED STATES OR 20.31 CANADA.] If an applicant receives a degree from a program 20.32 outside the United States or Canada that is not accredited by 20.33 the Council on Social Work Education, the Canadian Association 20.34 of Schools of Social Work, or a similar examination body 20.35 designated by the board, the degree does not fulfill the 20.36 requirements specified in subdivision 2, paragraph (a), clause 21.1 (1); 3, paragraph (a), clause (1); 4, paragraph (a), clause (1); 21.2 or 5, paragraph (a), clause (1), unless the Council on Social 21.3 Work Education or a similar accreditation body designated by the 21.4 board has determined through the council's international 21.5 equivalency determination service that the degree earned is 21.6 equivalent to the degree required. 21.7 Subd. 7. [LICENSURE BY ENDORSEMENT.] (a) An applicant for 21.8 licensure by endorsement must hold a current license or 21.9 credential to practice social work in another jurisdiction. 21.10 (b) An applicant for licensure by endorsement who meets the 21.11 qualifications of paragraph (a) and who demonstrates to the 21.12 satisfaction of the board that the applicant passed the 21.13 examination administered by the Association of Social Work 21.14 Boards or a similar examination body designated by the board for 21.15 the applicable license in Minnesota is not required to retake 21.16 the licensing examination. 21.17 (c) An application for licensure by endorsement must meet 21.18 the applicable license requirements specified in subdivisions 1 21.19 to 6 and submit the licensure by endorsement application fee 21.20 specified in section 148D.180. 21.21 Subd. 8. [CRIMINAL BACKGROUND CHECKS.] (a) Except as 21.22 provided in paragraph (b), an initial license application must 21.23 be accompanied by: 21.24 (1) a form provided by the board authorizing the board to 21.25 complete a criminal background check; and 21.26 (2) the criminal background check fee specified by the 21.27 Bureau of Criminal Apprehension. 21.28 Criminal background check fees collected by the board must 21.29 be used to reimburse the Bureau of Criminal Apprehension for the 21.30 criminal background checks. 21.31 (b) An applicant who has previously submitted a license 21.32 application authorizing the board to complete a criminal 21.33 background check is exempt from the requirement specified in 21.34 paragraph (a). 21.35 (c) If a criminal background check indicates that an 21.36 applicant has engaged in criminal behavior, the board may take 22.1 action pursuant to sections 148D.255 to 148D.270. 22.2 Subd. 9. [EFFECTIVE DATE.] The effective date of an 22.3 initial license is the day on which the board receives the 22.4 applicable license fee from an applicant approved for licensure. 22.5 Subd. 10. [EXPIRATION DATE.] The expiration date of an 22.6 initial license is the last day of the licensee's birth month in 22.7 the second calendar year following the effective date of the 22.8 initial license. 22.9 Subd. 11. [CHANGE IN LICENSE.] (a) A licensee who changes 22.10 from a licensed social worker to a licensed graduate social 22.11 worker, or from a licensed graduate social worker to a licensed 22.12 independent social worker, or from a licensed graduate social 22.13 worker or licensed independent social worker to a licensed 22.14 independent clinical social worker, must pay the prorated share 22.15 of the fee for the new license. 22.16 (b) The effective date of the new license is the day on 22.17 which the board receives the applicable license fee from an 22.18 applicant approved for the new license. 22.19 (c) The expiration date of the new license is the same date 22.20 as the expiration date of the license held by the licensee prior 22.21 to the change in the license. 22.22 Sec. 13. [148D.060] [TEMPORARY LICENSES.] 22.23 Subdivision 1. [STUDENTS AND OTHER PERSONS NOT CURRENTLY 22.24 LICENSED IN ANOTHER JURISDICTION.] The board may issue a 22.25 temporary license to practice social work to an applicant who is 22.26 not licensed or credentialed to practice social work in any 22.27 jurisdiction but has: 22.28 (1) applied for a license under section 148D.055; 22.29 (2) applied for a temporary license on a form provided by 22.30 the board; 22.31 (3) submitted a form provided by the board authorizing the 22.32 board to complete a criminal background check; 22.33 (4) passed the applicable licensure examination provided 22.34 for in section 148D.055; 22.35 (5) attested on a form provided by the board that the 22.36 applicant has completed the requirements for a baccalaureate or 23.1 graduate degree in social work from a program accredited by the 23.2 Council on Social Work Education, the Canadian Association of 23.3 Schools of Social Work, or a similar accreditation body 23.4 designated by the board; and 23.5 (6) not engaged in conduct that was or would be in 23.6 violation of the standards of practice specified in sections 23.7 148D.195 to 148D.240. If the applicant has engaged in conduct 23.8 that was or would be in violation of the standards of practice, 23.9 the board may take action pursuant to sections 148D.255 to 23.10 148D.270. 23.11 Subd. 2. [EMERGENCY SITUATIONS AND PERSONS CURRENTLY 23.12 LICENSED IN ANOTHER JURISDICTION.] The board may issue a 23.13 temporary license to practice social work to an applicant who is 23.14 licensed or credentialed to practice social work in another 23.15 jurisdiction, may or may not have applied for a license under 23.16 section 148D.055, and has: 23.17 (1) applied for a temporary license on a form provided by 23.18 the board; 23.19 (2) submitted a form provided by the board authorizing the 23.20 board to complete a criminal background check; 23.21 (3) submitted evidence satisfactory to the board that the 23.22 applicant is currently licensed or credentialed to practice 23.23 social work in another jurisdiction; 23.24 (4) attested on a form provided by the board that the 23.25 applicant has completed the requirements for a baccalaureate or 23.26 graduate degree in social work from a program accredited by the 23.27 Council on Social Work Education, the Canadian Association of 23.28 Schools of Social Work, or a similar accreditation body 23.29 designated by the board; and 23.30 (5) not engaged in conduct that was or would be in 23.31 violation of the standards of practice specified in sections 23.32 148D.195 to 148D.240. If the applicant has engaged in conduct 23.33 that was or would be in violation of the standards of practice, 23.34 the board may take action pursuant to sections 148D.255 to 23.35 148D.270. 23.36 Subd. 3. [TEACHERS.] The board may issue a temporary 24.1 license to practice social work to an applicant whose permanent 24.2 residence is outside the United States, who is teaching social 24.3 work at an academic institution in Minnesota for a period not to 24.4 exceed 12 months, who may or may not have applied for a license 24.5 under section 148D.055, and who has: 24.6 (1) applied for a temporary license on a form provided by 24.7 the board; 24.8 (2) submitted a form provided by the board authorizing the 24.9 board to complete a criminal background check; 24.10 (3) attested on a form provided by the board that the 24.11 applicant has completed the requirements for a baccalaureate or 24.12 graduate degree in social work; and 24.13 (4) has not engaged in conduct that was or would be in 24.14 violation of the standards of practice specified in sections 24.15 148D.195 to 148D.240. If the applicant has engaged in conduct 24.16 that was or would be in violation of the standards of practice, 24.17 the board may take action pursuant to sections 148D.255 to 24.18 148D.270. 24.19 Subd. 4. [TEMPORARY LICENSE APPLICATION FEE.] An applicant 24.20 for a temporary license must pay the application fee described 24.21 in section 148D.180 plus the required fee for the cost of the 24.22 criminal background check. Only one fee for the cost of the 24.23 criminal background check must be submitted when the applicant 24.24 is applying for both a temporary license and a license under 24.25 section 148D.055. 24.26 Subd. 5. [TEMPORARY LICENSE TERM.] (a) A temporary license 24.27 is valid until expiration, or until the board issues or denies 24.28 the license pursuant to section 148D.055, or until the board 24.29 revokes the temporary license, whichever comes first. A 24.30 temporary license is nonrenewable. 24.31 (b) A temporary license issued pursuant to subdivision 1 or 24.32 2 expires after six months. 24.33 (c) A temporary license issued pursuant to subdivision 3 24.34 expires after 12 months. 24.35 Subd. 6. [LICENSEE WITH A TEMPORARY LICENSE WHO HAS 24.36 COMPLETED REQUIREMENTS FOR A BACCALAUREATE DEGREE.] A licensee 25.1 with a temporary license who has provided evidence to the board 25.2 that the licensee has completed the requirements for a 25.3 baccalaureate degree in social work from a program accredited by 25.4 the Council on Social Work Education, the Canadian Association 25.5 of Schools of Social Work, or a similar accreditation body 25.6 designated by the board may temporarily engage in social work 25.7 practice except that a licensee with a temporary license may not 25.8 engage in clinical social work practice. 25.9 Subd. 7. [LICENSEE WITH A TEMPORARY LICENSE WHO HAS 25.10 COMPLETED REQUIREMENTS FOR A GRADUATE DEGREE.] A licensee with a 25.11 temporary license who has provided evidence to the board that 25.12 the licensee has completed the requirements for a graduate 25.13 degree in social work from a program accredited by the Council 25.14 on Social Work Education, the Canadian Association of Schools of 25.15 Social Work, or a similar accreditation body designated by the 25.16 board may temporarily engage in social work practice, including 25.17 clinical practice. 25.18 Subd. 8. [SUPERVISION REQUIREMENTS.] (a) Except as 25.19 provided in paragraph (b), an applicant who is not currently 25.20 licensed or credentialed to practice social work in another 25.21 jurisdiction and who obtains a temporary license may practice 25.22 social work only under the supervision of an individual licensed 25.23 as a social worker who is eligible to provide supervision under 25.24 sections 148D.100 to 148D.125. Before the applicant is approved 25.25 for licensure, the applicant's supervisor must attest to the 25.26 board's satisfaction that the applicant has practiced social 25.27 work under supervision. This supervision applies toward the 25.28 supervision required after licensure. 25.29 (b) If an applicant is currently licensed or credentialed 25.30 to practice social work in another jurisdiction, and receives a 25.31 temporary license pursuant to subdivision 3, the requirements 25.32 specified in paragraph (a) do not apply. However, if an 25.33 applicant with a temporary license chooses to practice social 25.34 work under supervision, the supervision applies to the 25.35 requirements specified in sections 148D.100 to 148D.125. 25.36 Subd. 9. [PROHIBITION ON PRACTICE.] An applicant for a 26.1 temporary license must not practice social work in Minnesota, 26.2 except as provided in section 148D.065, until the applicant has 26.3 been granted a temporary license. 26.4 Subd. 10. [REPRESENTATION OF PROFESSIONAL STATUS.] In 26.5 making representations of professional status to the public, a 26.6 licensee with a temporary license must state that the licensee 26.7 has a temporary license. 26.8 Subd. 11. [STANDARDS OF PRACTICE.] A licensee with a 26.9 temporary license must conduct all professional activities as a 26.10 social worker in accordance with the requirements of sections 26.11 148D.195 to 148D.240. 26.12 Subd. 12. [INELIGIBILITY.] An applicant who is currently 26.13 practicing social work in Minnesota in a setting that is not 26.14 exempt under section 148D.065 at the time of application is 26.15 ineligible for a temporary license. 26.16 Subd. 13. [REVOCATION OF TEMPORARY LICENSE.] The board may 26.17 immediately revoke the temporary license of any licensee who 26.18 violates any requirements of this section. The revocation must 26.19 be made for cause, without notice or opportunity to be heard. A 26.20 licensee whose temporary license is revoked must immediately 26.21 return the temporary license to the board. 26.22 Sec. 14. [148D.065] [EXEMPTIONS.] 26.23 Subdivision 1. [OTHER PROFESSIONALS.] Nothing in this 26.24 chapter may be construed to prevent members of other professions 26.25 or occupations from performing functions for which they are 26.26 qualified or licensed. This exception includes but is not 26.27 limited to: licensed physicians, registered nurses, licensed 26.28 practical nurses, licensed psychologists, psychological 26.29 practitioners, probation officers, members of the clergy and 26.30 Christian Science practitioners, attorneys, marriage and family 26.31 therapists, alcohol and drug counselors, professional 26.32 counselors, school counselors, and registered occupational 26.33 therapists or certified occupational therapist assistants. 26.34 These persons must not, however, hold themselves out to the 26.35 public by any title or description stating or implying that they 26.36 are engaged in the practice of social work, or that they are 27.1 licensed to engage in the practice of social work. Persons 27.2 engaged in the practice of social work are not exempt from the 27.3 board's jurisdiction solely by the use of one of the titles in 27.4 this subdivision. 27.5 Subd. 2. [STUDENTS.] An internship, externship, or any 27.6 other social work experience that is required for the completion 27.7 of an accredited program of social work does not constitute the 27.8 practice of social work under this chapter. 27.9 Subd. 3. [GEOGRAPHIC WAIVER.] A geographic waiver may be 27.10 granted by the board on a case-by-case basis to agencies with 27.11 special regional hiring problems. The waiver is for the purpose 27.12 of permitting agencies to hire individuals who do not meet the 27.13 qualifications of section 148D.055 or 148D.060 to practice 27.14 social work. 27.15 Subd. 4. [CITY, COUNTY, AND STATE AGENCY SOCIAL 27.16 WORKERS.] The licensure of city, county, and state agency social 27.17 workers is voluntary. City, county, and state agencies 27.18 employing social workers are not required to employ licensed 27.19 social workers. 27.20 Subd. 5. [FEDERALLY RECOGNIZED TRIBES AND PRIVATE 27.21 NONPROFIT AGENCIES WITH A MINORITY FOCUS.] The licensure of 27.22 social workers who are employed by federally recognized tribes, 27.23 or by private nonprofit agencies whose primary service focus 27.24 addresses ethnic minority populations, and who are themselves 27.25 members of ethnic minority populations within those agencies, is 27.26 voluntary. 27.27 Sec. 15. [148D.070] [LICENSE RENEWALS.] 27.28 Subdivision 1. [LICENSE RENEWAL TERM.] (a) If a license is 27.29 renewed, the license must be renewed for a two-year renewal 27.30 term. The renewal term is the period from the effective date of 27.31 an initial or renewed license to the expiration date of the 27.32 license. 27.33 (b) The effective date of a renewed license is the day 27.34 following the expiration date of the expired license. 27.35 (c) The expiration date of a renewed license is the last 27.36 day of the licensee's birth month in the second calendar year 28.1 following the effective date of the renewed license. 28.2 Subd. 2. [MAILING LICENSE RENEWAL NOTICES.] The board must 28.3 mail a notice for license renewal to a licensee at least 45 days 28.4 before the expiration date of the license. Mailing the notice 28.5 by United States mail to the licensee's last known mailing 28.6 address constitutes valid mailing. Failure to receive the 28.7 renewal notice does not relieve a licensee of the obligation to 28.8 renew a license and to pay the renewal fee. 28.9 Subd. 3. [SUBMITTING LICENSE RENEWAL APPLICATIONS.] (a) In 28.10 order to renew a license, a licensee must submit: 28.11 (1) a completed, signed application for license renewal; 28.12 and 28.13 (2) the applicable renewal fee specified in section 28.14 148D.180. 28.15 The completed, signed application and renewal fee must be 28.16 received by the board prior to midnight of the day of the 28.17 license expiration date. For renewals submitted electronically, 28.18 a "signed application" means providing an attestation as 28.19 specified by the board. 28.20 (b) An application which is not completed and signed, or 28.21 which is not accompanied by the correct fee, must be returned to 28.22 the applicant, along with any fee submitted, and is void. 28.23 (c) The completed, signed application must include 28.24 documentation that the licensee has met the continuing education 28.25 requirements specified in sections 148D.130 to 148D.170 and, if 28.26 applicable, the supervised practice requirements specified in 28.27 sections 148D.100 to 148D.125. 28.28 (d) By submitting a renewal application, an applicant 28.29 authorizes the board to: 28.30 (1) investigate any information provided or requested in 28.31 the application. The board may request that the applicant 28.32 provide additional information, verification, or documentation; 28.33 (2) conduct an audit to determine if the applicant has met 28.34 the continuing education requirements specified in sections 28.35 148D.130 to 148D.170; and 28.36 (3) if applicable, conduct an audit to determine whether 29.1 the applicant has met the supervision requirements specified in 29.2 sections 148D.100 to 148D.125. 29.3 (e) If a licensee's application for license renewal meets 29.4 the requirements specified in paragraph (a), the licensee may 29.5 continue to practice after the license expiration date until the 29.6 board approves or denies the application. 29.7 Subd. 4. [RENEWAL LATE FEE.] An application that is 29.8 received after the license expiration date must be accompanied 29.9 by the renewal late fee specified in section 148D.180 in 29.10 addition to the applicable renewal fee. The application, 29.11 renewal fee, and renewal late fee must be received by the board 29.12 within 60 days of the license expiration date, or the license 29.13 automatically expires. 29.14 Subd. 5. [EXPIRED LICENSE.] (a) If an application does not 29.15 meet the requirements specified in subdivisions 3 and 4, the 29.16 license automatically expires. A licensee whose license has 29.17 expired may reactivate a license by meeting the requirements in 29.18 section 148D.080 or be relicensed by meeting the requirements 29.19 specified in section 148D.055. 29.20 (b) The board may take action pursuant to sections 148D.255 29.21 to 148D.270 based on a licensee's conduct before the expiration 29.22 of the license. 29.23 (c) An expired license may be reactivated within one year 29.24 of the expiration date specified in section 148D.080. After one 29.25 year of the expiration date, an individual may apply for a new 29.26 license pursuant to section 148D.055. 29.27 Sec. 16. [148D.075] [INACTIVE LICENSES.] 29.28 Subdivision 1. [INACTIVE STATUS.] (a) A licensee qualifies 29.29 for inactive status under either of the circumstances described 29.30 in paragraph (b) or (c). 29.31 (b) A licensee qualifies for inactive status when the 29.32 licensee is granted temporary leave from active practice. A 29.33 licensee qualifies for temporary leave from active practice if 29.34 the licensee demonstrates to the satisfaction of the board that 29.35 the licensee is not engaged in the practice of social work in 29.36 any setting, including settings in which social workers are 30.1 exempt from licensure pursuant to section 148D.065. A licensee 30.2 who is granted temporary leave from active practice may 30.3 reactivate the license pursuant to section 148D.080. 30.4 (c) A licensee qualifies for inactive status when a 30.5 licensee is granted an emeritus license. A licensee qualifies 30.6 for an emeritus license if the licensee demonstrates to the 30.7 satisfaction of the board that: 30.8 (i) the licensee is retired from social work practice; and 30.9 (ii) the licensee is not engaged in the practice of social 30.10 work in any setting, including settings in which social workers 30.11 are exempt from licensure pursuant to section 148D.065. 30.12 A licensee who possesses an emeritus license may reactivate the 30.13 license pursuant to section 148D.080. 30.14 Subd. 2. [APPLICATION.] A licensee may apply for inactive 30.15 status: 30.16 (1) at any time by submitting an application for a 30.17 temporary leave from active practice or for an emeritus license; 30.18 or 30.19 (2) as an alternative to applying for the renewal of a 30.20 license by so recording on the application for license renewal 30.21 and submitting the completed, signed application to the board. 30.22 An application that is not completed or signed, or that is 30.23 not accompanied by the correct fee, must be returned to the 30.24 applicant, along with any fee submitted, and is void. For 30.25 applications submitted electronically, a "signed application" 30.26 means providing an attestation as specified by the board. 30.27 Subd. 3. [FEE.] (a) Regardless of when the application for 30.28 inactive status is submitted, the temporary leave or emeritus 30.29 license fee specified in section 148D.180, whichever is 30.30 applicable, must accompany the application. A licensee who is 30.31 approved for inactive status before the license expiration date 30.32 is not entitled to receive a refund for any portion of the 30.33 license or renewal fee. 30.34 (b) If an application for temporary leave is received after 30.35 the license expiration date, the licensee must pay a renewal 30.36 late fee as specified in section 148D.180 in addition to the 31.1 temporary leave fee. 31.2 Subd. 4. [TIME LIMITS FOR TEMPORARY LEAVES.] A licensee 31.3 may maintain an inactive license on temporary leave for no more 31.4 than five consecutive years. If a licensee does not apply for 31.5 reactivation within 60 days following the end of the consecutive 31.6 five-year period, the license automatically expires. 31.7 Subd. 5. [TIME LIMITS FOR AN EMERITUS LICENSE.] A licensee 31.8 with an emeritus license may not apply for reactivation pursuant 31.9 to section 148D.080 after five years following the granting of 31.10 the emeritus license. However, after five years following the 31.11 granting of the emeritus license, an individual may apply for 31.12 new licensure pursuant to section 148D.055. 31.13 Subd. 6. [PROHIBITION ON PRACTICE.] (a) Except as provided 31.14 in paragraph (b), a licensee whose license is inactive must not 31.15 practice, attempt to practice, offer to practice, or advertise 31.16 or hold out as authorized to practice social work. 31.17 (b) The board may grant a variance to the requirements of 31.18 paragraph (a) if a licensee on inactive status provides 31.19 emergency social work services. A variance is granted only if 31.20 the board provides the variance in writing to the licensee. The 31.21 board may impose conditions or restrictions on the variance. 31.22 Subd. 7. [REPRESENTATIONS OF PROFESSIONAL STATUS.] In 31.23 making representations of professional status to the public, a 31.24 licensee whose license is inactive must state that the license 31.25 is inactive and that the licensee cannot practice social work. 31.26 Subd. 8. [DISCIPLINARY OR OTHER ACTION.] The board may 31.27 resolve any pending complaints against a licensee before 31.28 approving an application for inactive status. The board may 31.29 take action pursuant to sections 148D.255 to 148D.270 against a 31.30 licensee whose license is inactive based on conduct occurring 31.31 before the license is inactive or conduct occurring while the 31.32 license is inactive. 31.33 Sec. 17. [148D.080] [REACTIVATIONS.] 31.34 Subdivision 1. [MAILING NOTICES TO LICENSEES ON TEMPORARY 31.35 LEAVE.] The board must mail a notice for reactivation to a 31.36 licensee on temporary leave at least 45 days before the 32.1 expiration date of the license pursuant to section 148D.075, 32.2 subdivision 4. Mailing the notice by United States mail to the 32.3 licensee's last known mailing address constitutes valid 32.4 mailing. Failure to receive the reactivation notice does not 32.5 relieve a licensee of the obligation to comply with the 32.6 provisions of this section to reactivate a license. 32.7 Subd. 2. [REACTIVATION FROM A TEMPORARY LEAVE OR EMERITUS 32.8 STATUS.] To reactivate a license from a temporary leave or 32.9 emeritus status, a licensee must do the following within the 32.10 time period specified in section 148D.075, subdivisions 4 and 5: 32.11 (1) complete an application form specified by the board; 32.12 (2) document compliance with the continuing education 32.13 requirements specified in subdivision 4; 32.14 (3) submit a supervision plan, if required; 32.15 (4) pay the reactivation of an inactive licensee fee 32.16 specified in section 148D.180; and 32.17 (5) pay the wall certificate fee in accordance with section 32.18 148D.095, subdivision 1, paragraph (b) or (c), if the licensee 32.19 needs a duplicate license. 32.20 Subd. 3. [REACTIVATION OF AN EXPIRED LICENSE.] To 32.21 reactivate an expired license, a licensee must do the following 32.22 within one year of the expiration date: 32.23 (1) complete an application form specified by the board; 32.24 (2) document compliance with the continuing education 32.25 requirements that were in effect at the time the license 32.26 expired; 32.27 (3) document compliance with the supervision requirements, 32.28 if applicable, that were in effect at the time the license 32.29 expired; and 32.30 (4) pay the reactivation of an expired license fee 32.31 specified in section 148D.180. 32.32 Subd. 4. [CONTINUING EDUCATION REQUIREMENTS.] (a) A 32.33 licensee who is on temporary leave or who has an emeritus 32.34 license must obtain the continuing education hours that would be 32.35 required if the license was active. At the time of 32.36 reactivation, the licensee must document compliance with the 33.1 continuing education requirements specified in sections 148D.130 33.2 to 148D.170. 33.3 (b) A licensee applying for reactivation pursuant to 33.4 subdivision 2 or 3 may apply for a variance to the continuing 33.5 education requirements pursuant to sections 148D.130 to 148D.170. 33.6 Subd. 5. [REACTIVATION OF A VOLUNTARILY TERMINATED 33.7 LICENSE.] To reactivate a voluntarily terminated license, a 33.8 licensee must do the following within one year of the date the 33.9 voluntary termination takes effect: 33.10 (1) complete an application form specified by the board; 33.11 (2) document compliance with the continued education 33.12 requirements that were in effect at the time the license was 33.13 voluntarily terminated; 33.14 (3) document compliance with the supervision requirements, 33.15 if applicable, that were in effect at the time the license was 33.16 voluntarily terminated; and 33.17 (4) pay the reactivation of an expired or voluntarily 33.18 terminated license fee specified in section 148D.180. 33.19 Sec. 18. [148D.085] [VOLUNTARY TERMINATIONS.] 33.20 Subdivision 1. [REQUESTS FOR VOLUNTARY TERMINATION.] (a) A 33.21 licensee may request voluntary termination of a license if the 33.22 licensee demonstrates to the satisfaction of the board that the 33.23 licensee is not engaged in the practice of social work in any 33.24 setting except settings in which social workers are exempt from 33.25 licensure pursuant to section 148D.065. 33.26 (b) A licensee may apply for voluntary termination: 33.27 (1) at any time by submitting an application; or 33.28 (2) as an alternative to applying for the renewal of a 33.29 license by so recording on the application for license renewal 33.30 and submitting the completed, signed application to the board. 33.31 For applications submitted electronically, a "signed 33.32 application" means providing an attestation as specified by the 33.33 board. An application that is not completed and signed must be 33.34 returned to the applicant and is void. 33.35 (c) The board may resolve any pending complaints against a 33.36 licensee before approving a request for voluntary termination. 34.1 Subd. 2. [APPLICATION FOR NEW LICENSURE.] A licensee who 34.2 has voluntarily terminated a license may not reactivate the 34.3 license after one year following the date the voluntary 34.4 termination takes effect. However, a licensee who has 34.5 voluntarily terminated a license may apply for a new license 34.6 pursuant to section 148D.055. 34.7 Subd. 3. [PROHIBITION ON PRACTICE.] A licensee who has 34.8 voluntarily terminated a license must not practice, attempt to 34.9 practice, offer to practice, or advertise or hold out as 34.10 authorized to practice social work, except when the individual 34.11 is exempt from licensure pursuant to section 148D.065. 34.12 Subd. 4. [DISCIPLINARY OR OTHER ACTION.] The board may 34.13 take action pursuant to sections 148D.255 to 148D.270 against a 34.14 licensee whose license has been terminated based on conduct 34.15 occurring before the license is terminated or for practicing 34.16 social work without a license. 34.17 Sec. 19. [148D.090] [NAME; CHANGE OF NAME OR ADDRESS.] 34.18 Subdivision 1. [NAME.] A licensee must use the licensee's 34.19 legal name or a professional name. If the licensee uses a 34.20 professional name, the licensee must inform the board in writing 34.21 of both the licensee's professional name and legal name and must 34.22 comply with the requirements of this section. 34.23 Subd. 2. [LEGAL NAME CHANGE.] Within 30 days after 34.24 changing the licensee's legal name, a licensee must: 34.25 (1) request a new license wall certificate; 34.26 (2) provide legal verification of the name change; and 34.27 (3) pay the license wall certificate fee specified in 34.28 section 148D.180. 34.29 Subd. 3. [PROFESSIONAL NAME CHANGE.] Within 30 days after 34.30 changing the licensee's professional name, a licensee must: 34.31 (1) request a new license wall certificate; 34.32 (2) provide a notarized statement attesting to the name 34.33 change; and 34.34 (3) pay the license wall certificate fee specified in 34.35 section 148D.180. 34.36 Subd. 4. [ADDRESS OR TELEPHONE CHANGE.] When a licensee 35.1 changes a mailing address, home address, work address, e-mail 35.2 address, or daytime public telephone number, the licensee must 35.3 notify the board of the change electronically or in writing no 35.4 more than 30 days after the date of the change. 35.5 Sec. 20. [148D.095] [LICENSE CERTIFICATE OR CARD.] 35.6 Subdivision 1. [LICENSE WALL CERTIFICATE.] (a) The board 35.7 must issue a new license wall certificate when the board issues 35.8 a new license. No fee in addition to the applicable license fee 35.9 specified in section 148D.180 is required. 35.10 (b) The board must replace a license wall certificate when: 35.11 (1) a licensee submits an affidavit to the board that the 35.12 original license wall certificate was lost, stolen, or 35.13 destroyed; and 35.14 (2) the licensee submits the license wall certificate fee 35.15 specified in section 148D.180. 35.16 (c) The board must issue a revised license wall certificate 35.17 when: 35.18 (1) a licensee requests a revised license wall certificate 35.19 pursuant to section 148D.095; and 35.20 (2) submits the license wall certificate fee specified in 35.21 section 148D.180. 35.22 (d) The board must issue an additional license wall 35.23 certificate when: 35.24 (1) a licensee submits a written request for a new 35.25 certificate because the licensee practices in more than one 35.26 location; and 35.27 (2) the licensee submits the license wall certificate fee 35.28 specified in section 148D.180. 35.29 Subd. 2. [LICENSE CARD.] (a) The board must issue a new 35.30 license card when the board issues a new license. No fee in 35.31 addition to the applicable license fee specified in section 35.32 148D.180 is required. 35.33 (b) The board must replace a license card when a licensee 35.34 submits: 35.35 (1) an affidavit to the board that the original license 35.36 card was lost, stolen, or destroyed; and 36.1 (2) the license card fee specified in section 148D.180. 36.2 (c) The board must issue a revised license card when the 36.3 licensee submits a written request for a new license wall 36.4 certificate because of a new professional or legal name pursuant 36.5 to section 148D.090, subdivision 2 or 3. No fee in addition to 36.6 the one specified in subdivision 1, paragraph (b), is required. 36.7 SUPERVISED PRACTICE 36.8 Sec. 21. [148D.100] [LICENSED SOCIAL WORKERS; SUPERVISED 36.9 PRACTICE.] 36.10 Subdivision 1. [SUPERVISION REQUIRED AFTER LICENSURE.] 36.11 After receiving a license from the board as a licensed social 36.12 worker, the licensed social worker must obtain at least 75 hours 36.13 of supervision in accordance with the requirements of this 36.14 section. 36.15 Subd. 2. [PRACTICE REQUIREMENTS.] The supervision required 36.16 by subdivision 1 must be obtained during the first 4,000 hours 36.17 of postbaccalaureate social work practice authorized by law. At 36.18 least three hours of supervision must be obtained during every 36.19 160 hours of practice. 36.20 Subd. 3. [TYPES OF SUPERVISION.] (a) Thirty-seven and 36.21 one-half hours of the supervision required by subdivision 1 must 36.22 consist of one-on-one in-person supervision. 36.23 (b) Thirty-seven and one-half hours must consist of one or 36.24 more of the following types of supervision, subject to the 36.25 limitation in clause (3): 36.26 (1) one-on-one in-person supervision; 36.27 (2) in-person group supervision; or 36.28 (3) electronic supervision such as by telephone or video 36.29 conferencing, provided that electronic supervision must not 36.30 exceed 25 hours. 36.31 (c) To qualify as in-person group supervision, the group 36.32 must not exceed seven members including the supervisor. 36.33 Subd. 4. [SUPERVISOR REQUIREMENTS.] The supervision 36.34 required by subdivision 1 must be provided by a supervisor who: 36.35 (1) is a licensed social worker who has completed the 36.36 supervised practice requirements; 37.1 (2) is a licensed graduate social worker, licensed 37.2 independent social worker, or licensed independent clinical 37.3 social worker; or 37.4 (3) meets the requirements specified in section 148D.120, 37.5 subdivision 2. 37.6 Subd. 5. [SUPERVISEE REQUIREMENTS.] The supervisee must: 37.7 (1) to the satisfaction of the supervisor, practice 37.8 competently and ethically in accordance with professional social 37.9 work knowledge, skills, and values; 37.10 (2) receive supervision in the following content areas: 37.11 (i) development of professional values and 37.12 responsibilities; 37.13 (ii) practice skills; 37.14 (iii) authorized scope of practice; 37.15 (iv) ensuring continuing competence; and 37.16 (v) ethical standards of practice; 37.17 (3) submit a supervision plan in accordance with section 37.18 148D.125, subdivision 1; and 37.19 (4) if the board audits the supervisee's supervised 37.20 practice, submit verification of supervised practice in 37.21 accordance with section 148D.125, subdivision 3. 37.22 Subd. 6. [AFTER COMPLETION OF SUPERVISION REQUIREMENTS.] A 37.23 licensed social worker who fulfills the supervision requirements 37.24 specified in subdivisions 1 to 5 is not required to be 37.25 supervised after completion of the supervision requirements. 37.26 Subd. 7. [ATTESTATION.] The social worker and the social 37.27 worker's supervisor must attest that the supervisee has met or 37.28 has made progress on meeting the applicable supervision 37.29 requirements in accordance with section 148D.125, subdivision 2. 37.30 Sec. 22. [148D.105] [LICENSED GRADUATE SOCIAL WORKERS; 37.31 SUPERVISED PRACTICE.] 37.32 Subdivision 1. [SUPERVISION REQUIRED AFTER 37.33 LICENSURE.] After receiving a license from the board as a 37.34 licensed graduate social worker, a licensed graduate social 37.35 worker must obtain at least 75 hours of supervision in 37.36 accordance with the requirements of this section. 38.1 Subd. 2. [PRACTICE REQUIREMENTS.] The supervision required 38.2 by subdivision 1 must be obtained during the first 4,000 hours 38.3 of postgraduate social work practice authorized by law. At 38.4 least three hours of supervision must be obtained during every 38.5 160 hours of practice. 38.6 Subd. 3. [TYPES OF SUPERVISION.] (a) Thirty-seven and 38.7 one-half hours of the supervision required by subdivision 1 must 38.8 consist of one-on-one in-person supervision. 38.9 (b) Thirty-seven and one-half hours must consist of one or 38.10 more of the following types of supervision, subject to the 38.11 limitation in clause (3): 38.12 (1) one-on-one in-person supervision; 38.13 (2) in-person group supervision; or 38.14 (3) electronic supervision such as by telephone or video 38.15 conferencing, provided that electronic supervision must not 38.16 exceed 25 hours. 38.17 (c) To qualify as in-person group supervision, the group 38.18 must not exceed seven members including the supervisor. 38.19 Subd. 4. [SUPERVISOR REQUIREMENTS.] The supervision 38.20 required by subdivision 1 must be provided by a supervisor who 38.21 meets the requirements specified in section 148D.120. The 38.22 supervision must be provided: 38.23 (1) if the supervisee is not engaged in clinical practice, 38.24 by a (i) licensed independent social worker, (ii) licensed 38.25 graduate social worker who has completed the supervised practice 38.26 requirements, or (iii) licensed independent clinical social 38.27 worker; 38.28 (2) if the supervisee is engaged in clinical practice, by a 38.29 licensed independent clinical social worker; or 38.30 (3) by a supervisor who meets the requirements specified in 38.31 section 148D.120, subdivision 2. 38.32 Subd. 5. [SUPERVISEE REQUIREMENTS.] The supervisee must: 38.33 (1) to the satisfaction of the supervisor, practice 38.34 competently and ethically in accordance with professional social 38.35 work knowledge, skills, and values; 38.36 (2) receive supervision in the following content areas: 39.1 (i) development of professional values and 39.2 responsibilities; 39.3 (ii) practice skills; 39.4 (iii) authorized scope of practice; 39.5 (iv) ensuring continuing competence; and 39.6 (v) ethical standards of practice; 39.7 (3) submit a supervision plan in accordance with section 39.8 148D.125, subdivision 1; and 39.9 (4) verify supervised practice in accordance with section 39.10 148D.125, subdivision 3, if: 39.11 (i) the board audits the supervisee's supervised practice; 39.12 or 39.13 (ii) a licensed graduate social worker applies for a 39.14 licensed independent social worker or licensed independent 39.15 clinical social worker license. 39.16 Subd. 6. [LICENSED GRADUATE SOCIAL WORKERS WHO PRACTICE 39.17 CLINICAL SOCIAL WORK.] (a) A licensed graduate social worker 39.18 must not engage in clinical social work practice except under 39.19 supervision by a licensed independent clinical social worker or 39.20 an alternate supervisor designated pursuant to section 148D.120, 39.21 subdivision 2. 39.22 (b) Except as provided in paragraph (c), a licensed 39.23 graduate social worker must not engage in clinical social work 39.24 practice under supervision for more than 8,000 hours. In order 39.25 to practice clinical social work for more than 8,000 hours, a 39.26 licensed graduate social worker must obtain a licensed 39.27 independent clinical social worker license. 39.28 (c) Notwithstanding the requirements of paragraph (b), the 39.29 board may grant a licensed graduate social worker permission to 39.30 engage in clinical social work practice for more than 8,000 39.31 hours if the licensed graduate social worker petitions the board 39.32 and demonstrates to the board's satisfaction that for reasons of 39.33 personal hardship the licensed graduate social worker should be 39.34 granted an extension to continue practicing clinical social work 39.35 under supervision for up to an additional 2,000 hours. 39.36 (d) Upon completion of 4,000 hours of clinical social work 40.1 practice and 75 hours of supervision in accordance with the 40.2 requirements of this section, a licensed graduate social worker 40.3 is eligible to apply for a licensed independent clinical social 40.4 worker license pursuant to section 148D.115, subdivision 1. 40.5 Subd. 7. [LICENSED GRADUATE SOCIAL WORKERS WHO DO NOT 40.6 PRACTICE CLINICAL SOCIAL WORK.] A licensed graduate social 40.7 worker who fulfills the supervision requirements specified in 40.8 subdivisions 1 to 5, and who does not practice clinical social 40.9 work, is not required to be supervised after completion of the 40.10 supervision requirements. 40.11 Subd. 8. [ATTESTATION.] A social worker and the social 40.12 worker's supervisor must attest that the supervisee has met or 40.13 has made progress on meeting the applicable supervision 40.14 requirements in accordance with section 148D.125, subdivision 2. 40.15 Sec. 23. [148D.110] [LICENSED INDEPENDENT SOCIAL WORKERS; 40.16 SUPERVISED PRACTICE.] 40.17 Subdivision 1. [SUPERVISION REQUIRED BEFORE 40.18 LICENSURE.] Before becoming licensed as a licensed independent 40.19 social worker, a person must have obtained at least 75 hours of 40.20 supervision during 4,000 hours of postgraduate social work 40.21 practice authorized by law in accordance with the requirements 40.22 of section 148D.105, subdivisions 3, 4, and 5. At least three 40.23 hours of supervision must be obtained during every 160 hours of 40.24 practice. 40.25 Subd. 2. [LICENSED INDEPENDENT SOCIAL WORKERS WHO PRACTICE 40.26 CLINICAL SOCIAL WORK AFTER LICENSURE.] (a) After licensure, a 40.27 licensed independent social worker must not engage in clinical 40.28 social work practice except under supervision by a licensed 40.29 independent clinical social worker or an alternate supervisor 40.30 designated pursuant to section 148D.120, subdivision 2. 40.31 (b) Except as provided in paragraph (c), a licensed 40.32 independent social worker must not engage in clinical social 40.33 work practice under supervision for more than 8,000 hours. In 40.34 order to practice clinical social work for more than 8,000 40.35 hours, a licensed independent social worker must obtain a 40.36 licensed independent clinical social worker license. 41.1 (c) Notwithstanding the requirements of paragraph (b), the 41.2 board may grant a licensed independent social worker permission 41.3 to engage in clinical social work practice for more than 8,000 41.4 hours if the licensed independent social worker petitions the 41.5 board and demonstrates to the board's satisfaction that for 41.6 reasons of personal hardship the licensed independent social 41.7 worker should be granted an extension to continue practicing 41.8 clinical social work under supervision for up to an additional 41.9 2,000 hours. 41.10 Subd. 3. [LICENSED INDEPENDENT SOCIAL WORKERS WHO DO NOT 41.11 PRACTICE CLINICAL SOCIAL WORK AFTER LICENSURE.] After licensure, 41.12 a licensed independent social worker is not required to be 41.13 supervised if the licensed independent social worker does not 41.14 practice clinical social work. 41.15 Sec. 24. [148D.115] [LICENSED INDEPENDENT CLINICAL SOCIAL 41.16 WORKERS; SUPERVISED PRACTICE.] 41.17 Subdivision 1. [SUPERVISION REQUIRED BEFORE 41.18 LICENSURE.] Before becoming licensed as a licensed independent 41.19 clinical social worker, a person must have obtained at least 75 41.20 hours of supervision during 4,000 hours of postgraduate clinical 41.21 practice authorized by law in accordance with the requirements 41.22 of section 148D.105, subdivisions 3, 4, and 5. At least three 41.23 hours of supervision must be obtained during every 160 hours of 41.24 practice. 41.25 Subd. 2. [NO SUPERVISION REQUIRED AFTER LICENSURE.] After 41.26 licensure, a licensed independent clinical social worker is not 41.27 required to be supervised. 41.28 Sec. 25. [148D.120] [REQUIREMENTS OF SUPERVISORS.] 41.29 Subdivision 1. [SUPERVISORS LICENSED AS SOCIAL WORKERS.] 41.30 (a) Except as provided in paragraph (b), to be eligible to 41.31 provide supervision under this section, a social worker must 41.32 attest, on a form provided by the board, that he or she has met 41.33 the applicable licensure requirements specified in sections 41.34 148D.100 to 148D.115. 41.35 (b) If the board determines that supervision is not 41.36 obtainable from an individual meeting the requirements specified 42.1 in paragraph (a), the board may approve an alternate supervisor 42.2 pursuant to subdivision 2. 42.3 Subd. 2. [ALTERNATE SUPERVISORS.] (a) The board may 42.4 approve an alternate supervisor if: 42.5 (1) the board determines that supervision is not obtainable 42.6 pursuant to paragraph (b); 42.7 (2) the licensee requests in the supervision plan submitted 42.8 pursuant to section 148D.125, subdivision 1, that an alternate 42.9 supervisor conduct the supervision; 42.10 (3) the licensee describes the proposed supervision and the 42.11 name and qualifications of the proposed alternate supervisor; 42.12 and 42.13 (4) the requirements of paragraph (d) are met. 42.14 (b) The board may determine that supervision is not 42.15 obtainable if: 42.16 (1) the licensee provides documentation as an attachment to 42.17 the supervision plan submitted pursuant to section 148D.125, 42.18 subdivision 1, that the licensee has conducted a thorough search 42.19 for a supervisor meeting the applicable licensure requirements 42.20 specified in sections 148D.100 to 148D.115; 42.21 (2) the licensee demonstrates to the board's satisfaction 42.22 that the search was unsuccessful; and 42.23 (3) the licensee describes the extent of the search and the 42.24 names and locations of the persons and organizations contacted. 42.25 (c) The following are not grounds for a determination that 42.26 supervision is unobtainable: 42.27 (1) obtaining a supervisor who meets the requirements of 42.28 subdivision 1 would present the licensee with a financial 42.29 hardship; 42.30 (2) the licensee is unable to obtain a supervisor who meets 42.31 the requirements of subdivision 1 within the licensee's agency 42.32 or organization and the agency or organization will not allow 42.33 outside supervision; or 42.34 (3) the specialized nature of the licensee's practice 42.35 requires supervision from a practitioner other than an 42.36 individual licensed as a social worker. 43.1 (d) An alternate supervisor must: 43.2 (1) be an unlicensed social worker who is employed in, and 43.3 provides the supervision in, a setting exempt from licensure by 43.4 section 148D.065, and who has qualifications equivalent to the 43.5 applicable requirements specified in sections 148D.100 to 43.6 148D.115; or 43.7 (2) be a licensed marriage and family therapist or a mental 43.8 health professional as established by section 245.462, 43.9 subdivision 18, or 245.4871, subdivision 27, or an equivalent 43.10 mental health professional, as determined by the board, who is 43.11 licensed or credentialed by a state, territorial, provincial, or 43.12 foreign licensing agency. 43.13 In order to qualify to provide clinical supervision of a 43.14 licensed graduate social worker or licensed independent social 43.15 worker engaged in clinical practice, the alternate supervisor 43.16 must be a mental health professional as established by section 43.17 245.462, subdivision 18, or 245.4871, subdivision 27, or an 43.18 equivalent mental health professional, as determined by the 43.19 board, who is licensed or credentialed by a state, territorial, 43.20 provincial, or foreign licensing agency. 43.21 Sec. 26. [148D.125] [DOCUMENTATION OF SUPERVISION.] 43.22 Subdivision 1. [SUPERVISION PLAN.] (a) A social worker 43.23 must submit, on a form provided by the board, a supervision plan 43.24 for meeting the supervision requirements specified in sections 43.25 148D.100 to 148D.120. 43.26 (b) The supervision plan must be submitted no later than 90 43.27 days after the licensee begins a social work practice position 43.28 after becoming licensed. 43.29 (c) For failure to submit the supervision plan within 90 43.30 days after beginning a social work practice position, a licensee 43.31 must pay the supervision plan late fee specified in section 43.32 148D.180 when the licensee applies for license renewal. 43.33 (d) A license renewal application submitted pursuant to 43.34 paragraph (a) must not be approved unless the board has received 43.35 a supervision plan. 43.36 (e) The supervision plan must include the following: 44.1 (1) the name of the supervisee, the name of the agency in 44.2 which the supervisee is being supervised, and the supervisee's 44.3 position title; 44.4 (2) the name and qualifications of the person providing the 44.5 supervision; 44.6 (3) the number of hours of one-on-one in-person supervision 44.7 and the number and type of additional hours of supervision to be 44.8 completed by the supervisee; 44.9 (4) the supervisee's position description; 44.10 (5) a brief description of the supervision the supervisee 44.11 will receive in the following content areas: 44.12 (i) clinical practice, if applicable; 44.13 (ii) development of professional social work knowledge, 44.14 skills, and values; 44.15 (iii) practice methods; 44.16 (iv) authorized scope of practice; 44.17 (v) ensuring continuing competence; and 44.18 (vi) ethical standards of practice; and 44.19 (6) if applicable, a detailed description of the 44.20 supervisee's clinical social work practice, addressing: 44.21 (i) the client population, the range of presenting issues, 44.22 and the diagnoses; 44.23 (ii) the clinical modalities that were utilized; and 44.24 (iii) the process utilized for determining clinical 44.25 diagnoses, including the diagnostic instruments used and the 44.26 role of the supervisee in the diagnostic process. 44.27 (f) The board must receive a revised supervision plan 44.28 within 90 days of any of the following changes: 44.29 (1) the supervisee has a new supervisor; 44.30 (2) the supervisee begins a new social work position; 44.31 (3) the scope or content of the supervisee's social work 44.32 practice changes substantially; 44.33 (4) the number of practice or supervision hours changes 44.34 substantially; or 44.35 (5) the type of supervision changes as supervision is 44.36 described in section 148D.100, subdivision 3, or 148D.105, 45.1 subdivision 3, or as required in section 148D.115, subdivision 4. 45.2 (g) For failure to submit a revised supervised plan as 45.3 required in paragraph (f), a supervisee must pay the supervision 45.4 plan late fee specified in section 148D.180, when the supervisee 45.5 applies for license renewal. 45.6 (h) The board must approve the supervisor and the 45.7 supervision plan. 45.8 Subd. 2. [ATTESTATION.] (a) When a supervisee submits 45.9 renewal application materials to the board, the supervisee and 45.10 supervisor must submit an attestation providing the following 45.11 information on a form provided by the board: 45.12 (1) the name of the supervisee, the name of the agency in 45.13 which the supervisee is being supervised, and the supervisee's 45.14 position title; 45.15 (2) the name and qualifications of the supervisor; 45.16 (3) the number of hours and dates of each type of 45.17 supervision completed; 45.18 (4) the supervisee's position description; 45.19 (5) a declaration that the supervisee has not engaged in 45.20 conduct in violation of the standards of practice specified in 45.21 sections 148D.195 to 148D.240; 45.22 (6) a declaration that the supervisee has practiced 45.23 competently and ethically in accordance with professional social 45.24 work knowledge, skills, and values; and 45.25 (7) a list of the content areas in which the supervisee has 45.26 received supervision, including the following: 45.27 (i) clinical practice, if applicable; 45.28 (ii) development of professional social work knowledge, 45.29 skills, and values; 45.30 (iii) practice methods; 45.31 (iv) authorized scope of practice; 45.32 (v) ensuring continuing competence; and 45.33 (vi) ethical standards of practice. 45.34 (b) The information provided on the attestation form must 45.35 demonstrate to the board's satisfaction that the supervisee has 45.36 met or has made progress on meeting the applicable supervised 46.1 practice requirements. 46.2 Subd. 3. [VERIFICATION OF SUPERVISED PRACTICE.] (a) In 46.3 addition to receiving the attestation required pursuant to 46.4 subdivision 2, the board must receive verification of supervised 46.5 practice if: 46.6 (1) the board audits the supervision of a supervisee 46.7 pursuant to section 148D.070, subdivision 3; or 46.8 (2) an applicant applies for a license as a licensed 46.9 independent social worker or as a licensed independent clinical 46.10 social worker. 46.11 (b) When verification of supervised practice is required 46.12 pursuant to paragraph (a), the board must receive from the 46.13 supervisor the following information on a form provided by the 46.14 board: 46.15 (1) the name of the supervisee, the name of the agency in 46.16 which the supervisee is being supervised, and the supervisee's 46.17 position title; 46.18 (2) the name and qualifications of the supervisor; 46.19 (3) the number of hours and dates of each type of 46.20 supervision completed; 46.21 (4) the supervisee's position description; 46.22 (5) a declaration that the supervisee has not engaged in 46.23 conduct in violation of the standards of practice specified in 46.24 sections 148D.195 to 148D.240; 46.25 (6) a declaration that the supervisee has practiced 46.26 ethically and competently in accordance with professional social 46.27 work knowledge, skills, and values; 46.28 (7) a list of the content areas in which the supervisee has 46.29 received supervision, including the following: 46.30 (i) clinical practice, if applicable; 46.31 (ii) development of professional social work knowledge, 46.32 skills, and values; 46.33 (iii) practice methods; 46.34 (iv) authorized scope of practice; 46.35 (v) ensuring continuing competence; and 46.36 (vi) ethical standards of practice; and 47.1 (8) if applicable, a detailed description of the 47.2 supervisee's clinical social work practice, addressing: 47.3 (i) the client population, the range of presenting issues, 47.4 and the diagnoses; 47.5 (ii) the clinical modalities that were utilized; and 47.6 (iii) the process utilized for determining clinical 47.7 diagnoses, including the diagnostic instruments used and the 47.8 role of the supervisee in the diagnostic process. 47.9 (c) The information provided on the verification form must 47.10 demonstrate to the board's satisfaction that the supervisee has 47.11 met the applicable supervised practice requirements. 47.12 Subd. 4. [ALTERNATIVE VERIFICATION OF SUPERVISED 47.13 PRACTICE.] Notwithstanding the requirements of subdivision 3, 47.14 the board may accept alternative verification of supervised 47.15 practice if a supervisee demonstrates to the satisfaction of the 47.16 board that the supervisee is unable to locate a former 47.17 supervisor to provide the required information. 47.18 CONTINUING EDUCATION 47.19 Sec. 27. [148D.130] [CLOCK HOURS REQUIRED.] 47.20 Subdivision 1. [TOTAL CLOCK HOURS REQUIRED.] At the time 47.21 of license renewal, a licensee must provide evidence 47.22 satisfactory to the board that the licensee has, during the 47.23 renewal term, completed at least 30 clock hours of continuing 47.24 education. 47.25 Subd. 2. [ETHICS REQUIREMENT.] At least two of the clock 47.26 hours required under subdivision 1 must be in social work ethics. 47.27 Subd. 3. [INDEPENDENT STUDY.] Independent study must not 47.28 consist of more than ten clock hours of continuing education per 47.29 renewal term. Independent study must be for publication, public 47.30 presentation, or professional development. Independent study 47.31 includes, but is not limited to, electronic study. 47.32 Subd. 4. [COURSEWORK.] One credit of coursework in a 47.33 semester-based academic institution is the equivalent of 15 47.34 clock hours. 47.35 Subd. 5. [PRORATED RENEWAL TERM.] If the licensee's 47.36 renewal term is prorated to be less or more than 24 months, the 48.1 required number of continuing education clock hours is prorated 48.2 proportionately. 48.3 Sec. 28. [148D.135] [APPROVAL OF CLOCK HOURS.] 48.4 Subdivision 1. [WAYS OF APPROVING CLOCK HOURS.] The clock 48.5 hours required under section 148D.130 must be approved in one or 48.6 more of the following ways: 48.7 (1) the hours must be offered by a continuing education 48.8 provider approved by the board; 48.9 (2) the hours must be offered by a continuing education 48.10 provider approved by the Association of Social Work Boards or a 48.11 similar examination body designated by the board; 48.12 (3) the hours must be earned through a continuing education 48.13 program approved by the National Association of Social Workers; 48.14 or 48.15 (4) the hours must be earned through a continuing education 48.16 program approved by the board. 48.17 Subd. 2. [PREAPPROVAL NOT REQUIRED.] Providers and 48.18 programs are not required to be preapproved but must meet the 48.19 requirements specified in this section. 48.20 Sec. 29. [148D.140] [VARIANCES.] 48.21 The board may grant a variance to the continuing education 48.22 requirements specified in section 148D.130, when a licensee 48.23 demonstrates to the satisfaction of the board that the licensee 48.24 is unable to complete the required number of clock hours during 48.25 the renewal term. The board may allow a licensee to complete 48.26 the required number of clock hours within a time frame specified 48.27 by the board. The board must not allow a licensee to complete 48.28 less than the required number of clock hours. 48.29 Sec. 30. [148D.145] [CONTINUING EDUCATION PROVIDERS 48.30 APPROVED BY THE BOARD.] 48.31 Subdivision 1. [BOARD APPROVAL.] (a) The board must 48.32 approve a continuing education provider who: 48.33 (1) submits a completed application to the board which 48.34 provides the information required by subdivision 2 and which 48.35 meets the criteria specified in subdivision 3; and 48.36 (2) pays the provider fee specified in section 148D.180. 49.1 (b) An approval is valid for programs offered no later than 49.2 one year from the date the application is approved by the board. 49.3 Subd. 2. [INFORMATION REQUIRED.] The information that must 49.4 be provided to the board includes, but is not limited to, the 49.5 following: 49.6 (1) the name of the continuing education provider; 49.7 (2) the address, telephone number, and e-mail address of a 49.8 contact person for the provider; 49.9 (3) a signed statement that indicates the provider 49.10 understands and agrees to abide by the criteria specified in 49.11 subdivision 3; and 49.12 (4) a signed statement that indicates the provider agrees 49.13 to furnish a certificate of attendance to each participant in a 49.14 program offered by the provider. 49.15 Subd. 3. [CRITERIA FOR PROGRAMS OFFERED BY CONTINUING 49.16 EDUCATION PROVIDERS.] (a) A continuing education provider must 49.17 employ the following criteria in determining whether to offer a 49.18 continuing education program: 49.19 (1) whether the material to be presented will promote the 49.20 standards of practice described in sections 148D.195 to 49.21 148D.240; 49.22 (2) whether the material to be presented will contribute to 49.23 the practice of social work as defined in section 148D.010; 49.24 (3) whether the material to be presented is intended for 49.25 the benefit of practicing social workers; and 49.26 (4) whether the persons presenting the program are 49.27 qualified in the subject matter being presented. 49.28 (b) The material presented must not be primarily procedural 49.29 or primarily oriented towards business practices or 49.30 self-development. 49.31 Subd. 4. [AUDITS.] (a) The board may audit programs 49.32 offered by a continuing education provider approved by the board 49.33 to determine compliance with the requirements of this section. 49.34 (b) A continuing education provider audited by the board 49.35 must provide the documentation specified in subdivision 5. 49.36 Subd. 5. [INFORMATION REQUIRED TO BE MAINTAINED BY 50.1 CONTINUING EDUCATION PROVIDERS.] For three years following the 50.2 end of each program offered by a continuing education provider, 50.3 the provider must maintain the following information: 50.4 (1) the title of the program; 50.5 (2) a description of the content and objectives of the 50.6 program; 50.7 (3) the date of the program; 50.8 (4) the number of clock hours credited for participation in 50.9 the program; 50.10 (5) the program location; 50.11 (6) the names and qualifications of the primary presenters; 50.12 (7) a description of the primary audience the program was 50.13 designed for; and 50.14 (8) a list of the participants in the program. 50.15 Sec. 31. [148D.150] [CONTINUING EDUCATION PROVIDERS 50.16 APPROVED BY THE ASSOCIATION OF SOCIAL WORK BOARDS.] 50.17 In order to receive credit for a program offered by a 50.18 continuing education provider approved by the Association of 50.19 Social Work Boards or a similar examination body designated by 50.20 the board, the provider must be listed on the Association of 50.21 Social Work Boards Web site as a provider currently approved by 50.22 the Association of Social Work Boards or a similar examination 50.23 body designated by the board. 50.24 Sec. 32. [148D.155] [CONTINUING EDUCATION PROGRAMS 50.25 APPROVED BY THE NATIONAL ASSOCIATION OF SOCIAL WORKERS.] 50.26 In order to receive credit for a program approved by the 50.27 National Association of Social Workers, the program must be 50.28 listed on the National Association of Social Workers Web site as 50.29 a program currently approved by the National Association of 50.30 Social Workers. 50.31 Sec. 33. [148D.160] [CONTINUING EDUCATION PROGRAMS 50.32 APPROVED BY THE BOARD.] 50.33 Subdivision 1. [REQUIRED PROGRAM CONTENT.] In order to be 50.34 approved by the board, a continuing education program must: 50.35 (1) promote the standards of practice described in sections 50.36 148D.195 to 148D.240; 51.1 (2) contribute to the practice of social work as defined in 51.2 section 148D.010; and 51.3 (3) not be primarily procedural or be primarily oriented 51.4 towards business practices or self-development. 51.5 Subd. 2. [TYPES OF CONTINUING EDUCATION PROGRAMS.] In 51.6 order to be approved by the board, a continuing education 51.7 program must be one of the following: academic coursework 51.8 offered by an institution of higher learning; educational 51.9 workshops, seminars, or conferences offered by an organization 51.10 or individual; staff training offered by a public or private 51.11 employer; or independent study. 51.12 Sec. 34. [148D.165] [CONTINUING EDUCATION REQUIREMENTS OF 51.13 LICENSEES.] 51.14 Subdivision 1. [INFORMATION REQUIRED TO BE MAINTAINED BY 51.15 LICENSEES.] For one year following the expiration date of a 51.16 license, the licensee must maintain documentation of clock hours 51.17 earned during the previous renewal term. The documentation must 51.18 include the following: 51.19 (1) for educational workshops or seminars offered by an 51.20 organization or at a conference, a copy of the certificate of 51.21 attendance issued by the presenter or sponsor giving the 51.22 following information: 51.23 (i) the name of the sponsor or presenter of the program; 51.24 (ii) the title of the workshop or seminar; 51.25 (iii) the dates the licensee participated in the program; 51.26 and 51.27 (iv) the number of clock hours completed; 51.28 (2) for academic coursework offered by an institution of 51.29 higher learning, a copy of a transcript giving the following 51.30 information: 51.31 (i) the name of the institution offering the course; 51.32 (ii) the title of the course; 51.33 (iii) the dates the licensee participated in the course; 51.34 and 51.35 (iv) the number of credits completed; 51.36 (3) for staff training offered by public or private 52.1 employers, a copy of the certificate of attendance issued by the 52.2 employer giving the following information: 52.3 (i) the name of the employer; 52.4 (ii) the title of the staff training; 52.5 (iii) the dates the licensee participated in the program; 52.6 and 52.7 (iv) the number of clock hours completed; and 52.8 (4) for independent study, including electronic study, a 52.9 written summary of the study conducted, including the following 52.10 information: 52.11 (i) the topics studied; 52.12 (ii) a description of the applicability of the study to the 52.13 licensee's authorized scope of practice; 52.14 (iii) the titles and authors of books and articles 52.15 consulted or the name of the organization offering the study; 52.16 (iv) the dates the licensee conducted the study; and 52.17 (v) the number of clock hours the licensee conducted the 52.18 study. 52.19 Subd. 2. [AUDITS.] The board may audit license renewal and 52.20 reactivation applications to determine compliance with the 52.21 requirements of sections 148D.130 to 148D.170. A licensee 52.22 audited by the board must provide the documentation specified in 52.23 subdivision 1 regardless of whether the provider or program has 52.24 been approved by the board, the Association of Social Work 52.25 Boards, or a similar examination body designated by the board, 52.26 or the National Association of Social Workers. 52.27 Sec. 35. [148D.170] [REVOCATION OF CONTINUING EDUCATION 52.28 APPROVALS.] 52.29 The board may revoke approval of a provider or of a program 52.30 offered by a provider, or of an individual program approved by 52.31 the board, if the board determines subsequent to the approval 52.32 that the provider or program failed to meet the requirements of 52.33 sections 148D.130 to 148D.170. 52.34 FEES 52.35 Sec. 36. [148D.175] [FEES.] 52.36 The fees specified in section 148D.180 are nonrefundable 53.1 and must be deposited in the state government special revenue 53.2 fund. 53.3 Sec. 37. [148D.180] [FEE AMOUNTS.] 53.4 Subdivision 1. [APPLICATION FEES.] Application fees for 53.5 licensure are as follows: 53.6 (1) for a licensed social worker, $45; 53.7 (2) for a licensed graduate social worker, $45; 53.8 (3) for a licensed independent social worker, $90; 53.9 (4) for a licensed independent clinical social worker, $90; 53.10 (5) for a temporary license, $50; and 53.11 (6) for a licensure by endorsement, $150. 53.12 The fee for criminal background checks is the fee charged 53.13 by the Bureau of Criminal Apprehension. The criminal background 53.14 check fee must be included with the application fee as required 53.15 pursuant to section 148D.055. 53.16 Subd. 2. [LICENSE FEES.] License fees are as follows: 53.17 (1) for a licensed social worker, $115.20; 53.18 (2) for a licensed graduate social worker, $201.60; 53.19 (3) for a licensed independent social worker, $302.40; 53.20 (4) for a licensed independent clinical social worker, 53.21 $331.20; 53.22 (5) for an emeritus license, $50; and 53.23 (6) for a temporary leave fee, the same as the renewal fee 53.24 specified in subdivision 3. 53.25 If the licensee's initial license term is less or more than 53.26 24 months, the required license fees must be prorated 53.27 proportionately. 53.28 Subd. 3. [RENEWAL FEES.] Renewal fees for licensure are as 53.29 follows: 53.30 (1) for a licensed social worker, $115.20; 53.31 (2) for a licensed graduate social worker, $201.60; 53.32 (3) for a licensed independent social worker, $302.40; and 53.33 (4) for a licensed independent clinical social worker, 53.34 $331.20. 53.35 Subd. 4. [CONTINUING EDUCATION PROVIDER FEES.] Continuing 53.36 education provider fees are as follows: 54.1 (1) for a provider who offers programs totaling one to 54.2 eight clock hours in a one-year period pursuant to section 54.3 148D.145, $50; 54.4 (2) for a provider who offers programs totaling nine to 16 54.5 clock hours in a one-year period pursuant to section 148D.145, 54.6 $100; 54.7 (3) for a provider who offers programs totaling 17 to 32 54.8 clock hours in a one-year period pursuant to section 148D.145, 54.9 $200; 54.10 (4) for a provider who offers programs totaling 33 to 48 54.11 clock hours in a one-year period pursuant to section 148D.145, 54.12 $400; and 54.13 (5) for a provider who offers programs totaling 49 or more 54.14 clock hours in a one-year period pursuant to section 148D.145, 54.15 $600. 54.16 Subd. 5. [LATE FEES.] Late fees are as follows: 54.17 (1) renewal late fee, one-half of the renewal fee specified 54.18 in subdivision 3; and 54.19 (2) supervision plan late fee, $40. 54.20 Subd. 6. [LICENSE CARDS AND WALL CERTIFICATES.] (a) The 54.21 fee for a license card as specified in section 148D.095 is $10. 54.22 (b) The fee for a license wall certificate as specified in 54.23 section 148D.095 is $30. 54.24 Subd. 7. [REACTIVATION FEES.] Reactivation fees are as 54.25 follows: 54.26 (1) reactivation from a temporary leave or emeritus status, 54.27 the prorated share of the renewal fee specified in subdivision 54.28 3; and 54.29 (2) reactivation of an expired license, 1-1/2 times the 54.30 renewal fees specified in subdivision 3. 54.31 Subd. 8. [TEMPORARY FEE REDUCTION.] For fiscal years 2006, 54.32 2007, 2008, and 2009, the following fee changes are effective: 54.33 (1) in subdivision 1, the application fee for a licensed 54.34 independent social worker is reduced to $45; 54.35 (2) in subdivision 1, the application fee for a licensed 54.36 independent clinical social worker is reduced to $45; 55.1 (3) in subdivision 1, the application fee for a licensure 55.2 by endorsement is reduced to $85; 55.3 (4) in subdivision 2, the license fee for a licensed social 55.4 worker is reduced to $90; 55.5 (5) in subdivision 2, the license fee for a licensed 55.6 graduate social worker is reduced to $160; 55.7 (6) in subdivision 2, the license fee for a licensed 55.8 independent social worker is reduced to $240; 55.9 (7) in subdivision 2, the license fee for a licensed 55.10 independent clinical social worker is reduced to $265; 55.11 (8) in subdivision 3, the renewal fee for a licensed social 55.12 worker is reduced to $90; 55.13 (9) in subdivision 3, the renewal fee for a licensed 55.14 graduate social worker is reduced to $160; 55.15 (10) in subdivision 3, the renewal fee for a licensed 55.16 independent social worker is reduced to $240; 55.17 (11) in subdivision 3, the renewal fee for a licensed 55.18 independent clinical social worker is reduced to $265; and 55.19 (12) in subdivision 5, the renewal late fee is reduced to 55.20 one-third of the renewal fee specified in subdivision 3. 55.21 This subdivision expires on June 30, 2009. 55.22 COMPLIANCE 55.23 Sec. 38. [148D.185] [PURPOSE OF COMPLIANCE LAWS.] 55.24 The purpose of sections 148D.185 to 148D.290 is to protect 55.25 the public by ensuring that all persons licensed as social 55.26 workers meet minimum standards of practice. The board shall 55.27 promptly and fairly investigate and resolve all complaints 55.28 alleging violations of statutes and rules that the board is 55.29 empowered to enforce and (1) take appropriate disciplinary 55.30 action, adversarial action, or other action justified by the 55.31 facts, or (2) enter into corrective action agreements or 55.32 stipulations to cease practice, when doing so is consistent with 55.33 the board's obligation to protect the public. 55.34 Sec. 39. [148D.190] [GROUNDS FOR ACTION.] 55.35 Subdivision 1. [SCOPE.] The grounds for action in 55.36 subdivisions 2 to 4 and the standards of practice requirements 56.1 in sections 148D.195 to 148D.240 apply to all licensees and 56.2 applicants. 56.3 Subd. 2. [VIOLATIONS.] The board has grounds to take 56.4 action pursuant to sections 148D.255 to 148D.270 when a social 56.5 worker violates: 56.6 (1) a statute or rule enforced by the board, including this 56.7 section and sections 148D.195 to 148D.240; 56.8 (2) a federal or state law or rule related to the practice 56.9 of social work; or 56.10 (3) an order, stipulation, or agreement agreed to or issued 56.11 by the board. 56.12 Subd. 3. [CONDUCT BEFORE LICENSURE.] A violation of the 56.13 requirements specified in this section and sections 148D.195 to 56.14 148D.240 is grounds for the board to take action under sections 56.15 148D.255 to 148D.270. The board's jurisdiction to exercise the 56.16 powers provided in this section extends to an applicant or 56.17 licensee's conduct that occurred before licensure if: 56.18 (1) the conduct did not meet the minimum accepted and 56.19 prevailing standards of professional social work practice at the 56.20 time the conduct occurred; or 56.21 (2) the conduct adversely affects the applicant or 56.22 licensee's present ability to practice social work in conformity 56.23 with the requirements of sections 148D.195 to 148D.240. 56.24 Subd. 4. [UNAUTHORIZED PRACTICE.] The board has grounds to 56.25 take action pursuant to sections 148D.255 to 148D.270 when a 56.26 social worker: 56.27 (1) practices outside the scope of practice authorized by 56.28 section 148D.050; 56.29 (2) engages in the practice of social work without a social 56.30 work license under section 148D.055 or 148D.060, except when the 56.31 social worker is exempt from licensure pursuant to section 56.32 148D.065; 56.33 (3) provides social work services to a client who receives 56.34 social work services in this state, and is not licensed pursuant 56.35 to section 148D.055 or 148D.060, except when the social worker 56.36 is exempt from licensure pursuant to section 148D.065. 57.1 STANDARDS OF PRACTICE 57.2 Sec. 40. [148D.195] [REPRESENTATIONS TO CLIENTS AND 57.3 PUBLIC.] 57.4 Subdivision 1. [REQUIRED DISPLAYS AND INFORMATION FOR 57.5 CLIENTS.] (a) A social worker must conspicuously display at the 57.6 social worker's places of practice, or make available as a 57.7 handout for all clients, information that the client has the 57.8 right to the following: 57.9 (1) to be informed of the social worker's license status, 57.10 education, training, and experience; 57.11 (2) to examine public data on the social worker maintained 57.12 by the board; 57.13 (3) to report a complaint about the social worker's 57.14 practice to the board; and 57.15 (4) to be informed of the board's mailing address, e-mail 57.16 address, Web site address, and telephone number. 57.17 (b) A social worker must conspicuously display the social 57.18 worker's wall certificate at the social worker's places of 57.19 practice and office locations. Additional wall certificates may 57.20 be requested pursuant to section 148D.095. 57.21 Subd. 2. [REPRESENTATIONS.] (a) No applicant or other 57.22 individual may be represented to the public by any title 57.23 incorporating the words "social work" or "social worker" unless 57.24 the individual holds a license pursuant to sections 148D.055 and 57.25 148D.060 or practices in a setting exempt from licensure 57.26 pursuant to section 148D.065. 57.27 (b) In all professional use of a social worker's name, the 57.28 social worker must use the license designation "LSW" or 57.29 "licensed social worker" for a licensed social worker, "LGSW" or 57.30 "licensed graduate social worker" for a licensed graduate social 57.31 worker, "LISW" or "licensed independent social worker" for a 57.32 licensed independent social worker, or "LICSW" or "licensed 57.33 independent clinical social worker" for a licensed independent 57.34 clinical social worker. 57.35 (c) Public statements or advertisements must not be 57.36 untruthful, misleading, false, fraudulent, deceptive, or 58.1 potentially exploitative of clients, former clients, interns, 58.2 students, supervisees, or the public. 58.3 (d) A social worker must not: 58.4 (1) use licensure status as a claim, promise, or guarantee 58.5 of successful service; 58.6 (2) obtain a license by cheating or employing fraud or 58.7 deception; 58.8 (3) make false statements or misrepresentations to the 58.9 board or in materials submitted to the board; or 58.10 (4) engage in conduct that has the potential to deceive or 58.11 defraud a social work client, intern, student, supervisee, or 58.12 the public. 58.13 Subd. 3. [INFORMATION ON CREDENTIALS.] (a) A social worker 58.14 must provide accurate and factual information concerning the 58.15 social worker's credentials, education, training, and experience 58.16 when the information is requested by clients, potential clients, 58.17 or other persons or organizations. 58.18 (b) A social worker must not misrepresent directly or by 58.19 implication the social worker's license, degree, professional 58.20 certifications, affiliations, or other professional 58.21 qualifications in any oral or written communications to clients, 58.22 potential clients, or other persons or organizations. A social 58.23 worker must take reasonable steps to prevent such 58.24 misrepresentations by other social workers. 58.25 (c) A social worker must not hold out as a person licensed 58.26 as a social worker without having a social work license pursuant 58.27 to sections 148D.055 and 148D.060. 58.28 (d) A social worker must not misrepresent directly or by 58.29 implication (1) affiliations with institutions or organizations, 58.30 or (2) purposes or characteristics of institutions or 58.31 organizations with which the social worker is or has been 58.32 affiliated. 58.33 Sec. 41. [148D.200] [COMPETENCE.] 58.34 Subdivision 1. [COMPETENCE.] (a) A social worker must 58.35 provide services and hold out as competent only to the extent 58.36 the social worker's education, training, license, consultation 59.1 received, supervision experience, or other relevant professional 59.2 experience demonstrate competence in the services provided. A 59.3 social worker must make a referral to a competent professional 59.4 when the services required are beyond the social worker's 59.5 competence or authorized scope of practice. 59.6 (b) When generally recognized standards do not exist with 59.7 respect to an emerging area of practice, including but not 59.8 limited to providing social work services through electronic 59.9 means, a social worker must take the steps necessary, such as 59.10 consultation or supervision, to ensure the competence of the 59.11 social worker's work and to protect clients from harm. 59.12 Subd. 2. [SUPERVISION OR CONSULTATION.] Notwithstanding 59.13 the completion of supervision requirements as specified in 59.14 sections 148D.100 to 148D.125, a social worker must obtain 59.15 supervision or engage in consultation when appropriate or 59.16 necessary for competent and ethical practice. 59.17 Subd. 3. [DELEGATION OF SOCIAL WORK RESPONSIBILITIES.] (a) 59.18 A social worker must not delegate a social work responsibility 59.19 to another individual when the social worker knows or reasonably 59.20 should know that the individual is not licensed when required to 59.21 be licensed pursuant to sections 148D.055 and 148D.060. 59.22 (b) A social worker must not delegate a social work 59.23 responsibility to another individual when the social worker 59.24 knows or reasonably should know that the individual is not 59.25 competent to assume the responsibility or perform the task. 59.26 Sec. 42. [148D.205] [IMPAIRMENT.] 59.27 Subdivision 1. [GROUNDS FOR ACTION.] The board has grounds 59.28 to take action under sections 148D.255 to 148D.270 when a social 59.29 worker is unable to practice with reasonable skill and safety by 59.30 reason of illness, use of alcohol, drugs, chemicals, or any 59.31 other materials, or as a result of any mental, physical, or 59.32 psychological condition. 59.33 Subd. 2. [SELF-REPORTING.] A social worker regulated by 59.34 the board who is unable to practice with reasonable skill and 59.35 safety by reason of illness, use of alcohol, drugs, chemicals, 59.36 or any other materials, or as a result of any mental, physical, 60.1 or psychological condition, must report to the board or the 60.2 health professionals services program. 60.3 Sec. 43. [148D.210] [PROFESSIONAL AND ETHICAL CONDUCT.] 60.4 The board has grounds to take action under sections 60.5 148D.255 to 148D.270 when a social worker: 60.6 (1) engages in unprofessional or unethical conduct, 60.7 including any departure from or failure to conform to the 60.8 minimum accepted ethical and other prevailing standards of 60.9 professional social work practice, without actual injury to a 60.10 social work client, intern, student, supervisee or the public 60.11 needing to be established; 60.12 (2) engages in conduct that has the potential to cause harm 60.13 to a client, intern, student, supervisee, or the public; 60.14 (3) demonstrates a willful or careless disregard for the 60.15 health, welfare, or safety of a client, intern, student, or 60.16 supervisee; or 60.17 (4) engages in acts or conduct adversely affecting the 60.18 applicant or licensee's current ability or fitness to engage in 60.19 social work practice, whether or not the acts or conduct 60.20 occurred while engaged in the practice of social work. 60.21 Sec. 44. [148D.215] [RESPONSIBILITIES TO CLIENTS.] 60.22 Subdivision 1. [RESPONSIBILITY TO CLIENTS.] A social 60.23 worker's primary professional responsibility is to the client. 60.24 A social worker must respect the client's interests, including 60.25 the interest in self-determination, except when required to do 60.26 otherwise by law. 60.27 Subd. 2. [NONDISCRIMINATION.] A social worker must not 60.28 discriminate against a client, intern, student, or supervisee or 60.29 in providing services to a client, intern, or supervisee on the 60.30 basis of age, gender, sexual orientation, race, color, national 60.31 origin, religion, illness, disability, political affiliation, or 60.32 social or economic status. 60.33 Subd. 3. [RESEARCH.] When undertaking research activities, 60.34 a social worker must use accepted protocols for the protection 60.35 of human subjects, including (1) establishing appropriate 60.36 safeguards to protect the subject's vulnerability, and (2) 61.1 obtaining the subjects' informed consent. 61.2 Sec. 45. [148D.220] [RELATIONSHIPS WITH CLIENTS, FORMER 61.3 CLIENTS, AND OTHER INDIVIDUALS.] 61.4 Subdivision 1. [SOCIAL WORKER RESPONSIBILITY.] (a) A 61.5 social worker is responsible for acting professionally in 61.6 relationships with clients or former clients. A client or a 61.7 former client's initiation of, or attempt to engage in, or 61.8 request to engage in, a personal, sexual, or business 61.9 relationship is not a defense to a violation of this section. 61.10 (b) When a relationship is permitted by this section, 61.11 social workers who engage in such a relationship assume the full 61.12 burden of demonstrating that the relationship will not be 61.13 detrimental to the client or the professional relationship. 61.14 Subd. 2. [PROFESSIONAL BOUNDARIES.] A social worker must 61.15 maintain appropriate professional boundaries with a client. A 61.16 social worker must not engage in practices with clients that 61.17 create an unacceptable risk of client harm or of impairing a 61.18 social worker's objectivity or professional judgment. A social 61.19 worker must not act or fail to act in a way that, as judged by a 61.20 reasonable and prudent social worker, inappropriately encourages 61.21 the client to relate to the social worker outside of the 61.22 boundaries of the professional relationship, or in a way that 61.23 interferes with the client's ability to benefit from social work 61.24 services from the social worker. 61.25 Subd. 3. [MISUSE OF PROFESSIONAL RELATIONSHIP.] A social 61.26 worker must not use the professional relationship with a client, 61.27 student, supervisee, or intern to further the social worker's 61.28 personal, emotional, financial, sexual, religious, political, or 61.29 business benefit or interests. 61.30 Subd. 4. [IMPROPER TERMINATION.] A social worker must not 61.31 terminate a professional relationship for the purpose of 61.32 beginning a personal, sexual, or business relationship with a 61.33 client. 61.34 Subd. 5. [PERSONAL RELATIONSHIP WITH A CLIENT.] (a) Except 61.35 as provided in paragraph (b), a social worker must not engage in 61.36 a personal relationship with a client that creates a risk of 62.1 client harm or of impairing a social worker's objectivity or 62.2 professional judgment. 62.3 (b) Notwithstanding paragraph (a), if a social worker is 62.4 unable to avoid a personal relationship with a client, the 62.5 social worker must take appropriate precautions, such as 62.6 consultation or supervision, to address the potential for risk 62.7 of client harm or of impairing a social worker's objectivity or 62.8 professional judgment. 62.9 Subd. 6. [PERSONAL RELATIONSHIP WITH A FORMER CLIENT.] A 62.10 social worker may engage in a personal relationship with a 62.11 former client after appropriate termination of the professional 62.12 relationship, except: 62.13 (1) as prohibited by subdivision 8; or 62.14 (2) if a reasonable and prudent social worker would 62.15 conclude after appropriate assessment that (i) the former client 62.16 is emotionally dependent on the social worker or continues to 62.17 relate to the social worker as a client, or (ii) the social 62.18 worker is emotionally dependent on the client or continues to 62.19 relate to the former client as a social worker. 62.20 Subd. 7. [SEXUAL CONDUCT WITH A CLIENT.] A social worker 62.21 must not engage in or suggest sexual conduct with a client. 62.22 Subd. 8. [SEXUAL CONDUCT WITH A FORMER CLIENT.] (a) A 62.23 social worker who has engaged in diagnosing, counseling, or 62.24 treating a client with mental, emotional, or behavioral 62.25 disorders must not engage in or suggest sexual conduct with the 62.26 former client under any circumstances unless: 62.27 (1) the social worker did not intentionally or 62.28 unintentionally coerce, exploit, deceive, or manipulate the 62.29 former client at any time; 62.30 (2) the social worker did not represent to the former 62.31 client that sexual conduct with the social worker is consistent 62.32 with or part of the client's treatment; 62.33 (3) the social worker's sexual conduct was not detrimental 62.34 to the former client at any time; 62.35 (4) the former client is not emotionally dependent on the 62.36 social worker and does not continue to relate to the social 63.1 worker as a client; and 63.2 (5) the social worker is not emotionally dependent on the 63.3 client and does not continue to relate to the former client as a 63.4 social worker. 63.5 (b) If there is an alleged violation of paragraph (a), the 63.6 social worker assumes the full burden of demonstrating to the 63.7 board that the social worker did not intentionally or 63.8 unintentionally coerce, exploit, deceive, or manipulate the 63.9 client, and the social worker's sexual conduct was not 63.10 detrimental to the client at any time. Upon request, a social 63.11 worker must provide information to the board addressing: 63.12 (1) the amount of time that has passed since termination of 63.13 services; 63.14 (2) the duration, intensity, and nature of services; 63.15 (3) the circumstances of termination of services; 63.16 (4) the former client's emotional, mental, and behavioral 63.17 history; 63.18 (5) the former client's current emotional, mental, and 63.19 behavioral status; 63.20 (6) the likelihood of adverse impact on the former client; 63.21 and 63.22 (7) the existence of actions, conduct, or statements made 63.23 by the social worker during the course of services suggesting or 63.24 inviting the possibility of a sexual relationship with the 63.25 client following termination of services. 63.26 (c) A social worker who has provided social work services 63.27 other than those described in paragraph (a) to a client must not 63.28 engage in or suggest sexual conduct with the former client if a 63.29 reasonable and prudent social worker would conclude after 63.30 appropriate assessment that engaging in such behavior with the 63.31 former client would create an unacceptable risk of harm to the 63.32 former client. 63.33 Subd. 9. [SEXUAL CONDUCT WITH A STUDENT, SUPERVISEE, OR 63.34 INTERN.] (a) A social worker must not engage in or suggest 63.35 sexual conduct with a student while the social worker has 63.36 authority over any part of the student's academic program. 64.1 (b) A social worker supervising an intern must not engage 64.2 in or suggest sexual conduct with the intern during the course 64.3 of the internship. 64.4 (c) A social worker practicing social work as a supervisor 64.5 must not engage in or suggest sexual conduct with a supervisee 64.6 during the period of supervision. 64.7 Subd. 10. [SEXUAL HARASSMENT.] A social worker must not 64.8 engage in any physical, oral, written, or electronic behavior 64.9 that a client, former client, student, supervisee, or intern may 64.10 reasonably interpret as sexually harassing or sexually demeaning. 64.11 Subd. 11. [BUSINESS RELATIONSHIP WITH A CLIENT.] A social 64.12 worker must not purchase goods or services from a client or 64.13 otherwise engage in a business relationship with a client except 64.14 when: 64.15 (1) a social worker purchases goods or services from the 64.16 client and a reasonable and prudent social worker would 64.17 determine that it is not practical or reasonable to obtain the 64.18 goods or services from another provider; and 64.19 (2) engaging in the business relationship will not be 64.20 detrimental to the client or the professional relationship. 64.21 Subd. 12. [BUSINESS RELATIONSHIP WITH A FORMER CLIENT.] A 64.22 social worker may purchase goods or services from a former 64.23 client or otherwise engage in a business relationship with a 64.24 former client after appropriate termination of the professional 64.25 relationship unless a reasonable and prudent social worker would 64.26 conclude after appropriate assessment that: 64.27 (1) the former client is emotionally dependent on the 64.28 social worker and purchasing goods or services from the former 64.29 client or otherwise engaging in a business relationship with the 64.30 former client would be detrimental to the former client; or 64.31 (2) the social worker is emotionally dependent on the 64.32 former client and purchasing goods or services from the former 64.33 client or otherwise engaging in a business relationship with the 64.34 former client would be detrimental to the former client. 64.35 Subd. 13. [PREVIOUS SEXUAL, PERSONAL, OR BUSINESS 64.36 RELATIONSHIP.] (a) A social worker must not engage in a social 65.1 worker/client relationship with an individual with whom the 65.2 social worker had a previous sexual relationship. 65.3 (b) A social worker must not engage in a social 65.4 worker/client relationship with an individual with whom the 65.5 social worker had a previous personal or business relationship 65.6 if a reasonable and prudent social worker would conclude after 65.7 appropriate assessment that the social worker/client 65.8 relationship would create an unacceptable risk of client harm or 65.9 that the social worker's objectivity or professional judgment 65.10 may be impaired. 65.11 Subd. 14. [GIVING ALCOHOL OR OTHER DRUGS TO A CLIENT.] (a) 65.12 Unless authorized by law, a social worker must not offer 65.13 medication or controlled substances to a client. 65.14 (b) A social worker must not accept medication or 65.15 controlled substances from a client except that if authorized by 65.16 law, a social worker may accept medication or controlled 65.17 substances from a client for purposes of disposal or to monitor 65.18 use. 65.19 (c) A social worker must not offer alcoholic beverages to a 65.20 client except when such an offer is authorized or prescribed by 65.21 a physician or is in accordance with a client's care plan. 65.22 (d) A social worker must not accept alcoholic beverages 65.23 from a client. 65.24 Subd. 15. [RELATIONSHIP WITH A CLIENT'S FAMILY OR 65.25 HOUSEHOLD MEMBER.] Subdivisions 1 to 14 apply to a social 65.26 worker's relationship with a client's family or household member 65.27 when a reasonable and prudent social worker would conclude after 65.28 appropriate assessment that a relationship with a family or 65.29 household member would create an unacceptable risk of harm to 65.30 the client. 65.31 Sec. 46. [148D.225] [TREATMENT AND INTERVENTION SERVICES.] 65.32 Subdivision 1. [ASSESSMENT OR DIAGNOSIS.] A social worker 65.33 must base treatment and intervention services on an assessment 65.34 or diagnosis. A social worker must evaluate, on an ongoing 65.35 basis, the appropriateness of the assessment or diagnosis. 65.36 Subd. 2. [ASSESSMENT OR DIAGNOSTIC INSTRUMENTS.] A social 66.1 worker must not use an assessment or diagnostic instrument 66.2 without adequate training. A social worker must follow 66.3 standards and accepted procedures for using an assessment or 66.4 diagnostic instrument. A social worker must inform a client of 66.5 the purpose before administering the instrument and must make 66.6 the results available to the client. 66.7 Subd. 3. [PLAN FOR SERVICES.] A social worker must develop 66.8 a plan for services that includes goals based on the assessment 66.9 or diagnosis. A social worker must evaluate, on an ongoing 66.10 basis, the appropriateness of the plan and the client's progress 66.11 toward the goals. 66.12 Subd. 4. [RECORDS.] (a) A social worker must make and 66.13 maintain current and accurate records, appropriate to the 66.14 circumstances, of all services provided to a client. At a 66.15 minimum, the records must contain documentation of: 66.16 (1) the assessment or diagnosis; 66.17 (2) the content of the service plan; 66.18 (3) progress with the plan and any revisions of assessment, 66.19 diagnosis, or plan; 66.20 (4) any fees charged and payments made; 66.21 (5) copies of all client-written authorizations for release 66.22 of information; and 66.23 (6) other information necessary to provide appropriate 66.24 services. 66.25 (b) These records must be maintained by the social worker 66.26 for at least seven years after the last date of service to the 66.27 client. Social workers who are employed by an agency or other 66.28 entity are not required to: 66.29 (1) maintain personal or separate records; or 66.30 (2) personally retain records at the conclusion of their 66.31 employment. 66.32 Subd. 5. [TERMINATION OF SERVICES.] A social worker must 66.33 terminate a professional relationship with a client when the 66.34 social worker reasonably determines that the client is not 66.35 likely to benefit from continued services or the services are no 66.36 longer needed, unless the social worker is required by law to 67.1 provide services. A social worker who anticipates terminating 67.2 services must give reasonable notice to the client in a manner 67.3 that is appropriate to the needs of the client. The social 67.4 worker must provide appropriate referrals as needed or upon 67.5 request of the client. 67.6 Sec. 47. [148D.230] [CONFIDENTIALITY AND RECORDS.] 67.7 Subdivision 1. [INFORMED CONSENT.] (a) A social worker 67.8 must obtain valid, informed consent, appropriate to the 67.9 circumstances, before providing services to clients. When 67.10 obtaining informed consent, the social worker must determine 67.11 whether the client has the capacity to provide informed 67.12 consent. If the client does not have the capacity to provide 67.13 consent, the social worker must obtain consent for the services 67.14 from the client's legal representative. The social worker must 67.15 not provide services, unless authorized or required by law, if 67.16 the client or the client's legal representative does not consent 67.17 to the services. 67.18 (b) If a social worker determines that a client does not 67.19 have the capacity to provide consent, and the client does not 67.20 have a legal representative, the social worker: 67.21 (1) must, except as provided in clause (2), secure a legal 67.22 representative for a client before providing services; or 67.23 (2) may, notwithstanding clause (1), provide services, 67.24 except when prohibited by other applicable law, that are 67.25 necessary to ensure the client's safety or to preserve the 67.26 client's property or financial resources. 67.27 (c) A social worker must use clear and understandable 67.28 language, including using an interpreter proficient in the 67.29 client's primary language as necessary, to inform clients of the 67.30 plan of services, risks related to the plan, limits to services, 67.31 relevant costs, terms of payment, reasonable alternatives, the 67.32 client's right to refuse or withdraw consent, and the time frame 67.33 covered by the consent. 67.34 Subd. 2. [MANDATORY REPORTING AND DISCLOSURE OF CLIENT 67.35 INFORMATION.] At the beginning of a professional relationship 67.36 and during the professional relationship as necessary and 68.1 appropriate, a social worker must inform the client of those 68.2 circumstances under which the social worker may be required to 68.3 disclose client information specified in subdivision 3, 68.4 paragraph (a), without the client's consent. 68.5 Subd. 3. [CONFIDENTIALITY OF CLIENT INFORMATION.] (a) A 68.6 social worker must ensure the confidentiality of all client 68.7 information obtained in the course of the social worker/client 68.8 relationship and all client information otherwise obtained by 68.9 the social worker that is relevant to the social worker/client 68.10 relationship. Except as provided in this section, client 68.11 information may be disclosed or released only with the client's 68.12 or the client's legal representative's valid informed consent, 68.13 appropriate to the circumstances, except when otherwise required 68.14 by law. A social worker must seek consent to disclose or 68.15 release client information only when such disclosure or release 68.16 is necessary to provide social work services. 68.17 (b) A social worker must continue to maintain 68.18 confidentiality of the client information specified in paragraph 68.19 (a) upon termination of the professional relationship including 68.20 upon the death of the client, except as provided under this 68.21 section or other applicable law. 68.22 (c) A social worker must limit access to the client 68.23 information specified in paragraph (a) in a social worker's 68.24 agency to appropriate agency staff whose duties require access. 68.25 Subd. 4. [RELEASE OF CLIENT INFORMATION WITH WRITTEN 68.26 INFORMED CONSENT.] (a) Except as provided in subdivision 5, 68.27 client information specified in subdivision 3, paragraph (a), 68.28 may be released only with the client's or the client's legal 68.29 representative's written informed consent. The written informed 68.30 consent must: 68.31 (1) explain to whom the client's records may be released; 68.32 (2) explain the purpose for the release; and 68.33 (3) state an expiration date for the authorized release of 68.34 the records. 68.35 (b) A social worker may provide client information 68.36 specified in subdivision 3, paragraph (a), to a third party for 69.1 the purpose of payment for services rendered only with the 69.2 client's written informed consent. 69.3 (c) Except as provided in subdivision 5, a social worker 69.4 may disclose client information specified in subdivision 3, 69.5 paragraph (a), only with the client's or the client's legal 69.6 representative's written informed consent. When it is not 69.7 practical to obtain written informed consent before providing 69.8 necessary services, a social worker may disclose or release 69.9 client information with the client's or the client's legal 69.10 representative's oral informed consent. 69.11 (d) Unless otherwise authorized by law, a social worker 69.12 must obtain a client's written informed consent before taking a 69.13 photograph of the client or making an audio or video recording 69.14 of the client, or allowing a third party to do the same. The 69.15 written informed consent must explain: 69.16 (1) the purpose of the photograph or the recording and how 69.17 the photograph or recording will be used, how it will be stored, 69.18 and when it will be destroyed; and 69.19 (2) how the client may have access to the photograph or 69.20 recording. 69.21 Subd. 5. [RELEASE OF CLIENT INFORMATION WITHOUT WRITTEN 69.22 INFORMED CONSENT.] (a) A social worker may disclose client 69.23 information specified in subdivision 3, paragraph (a), without 69.24 the written consent of the client or the client's legal 69.25 representative only under the following circumstances or under 69.26 the circumstances described in paragraph (b): 69.27 (1) when mandated or authorized by federal or state law, 69.28 including the mandatory reporting requirements under the duty to 69.29 warn, maltreatment of minors, and vulnerable adult laws 69.30 specified in section 148D.240, subdivisions 6 to 8; 69.31 (2) when the board issues a subpoena to the social worker; 69.32 or 69.33 (3) when a court of competent jurisdiction orders release 69.34 of the client records or information. 69.35 (b) When providing services authorized or required by law 69.36 to a client who does not have the capacity to provide consent 70.1 and who does not have a legal representative, a social worker 70.2 must disclose or release client records or information as 70.3 necessary to provide services to ensure the client's safety or 70.4 to preserve the client's property or financial resources. 70.5 Subd. 6. [RELEASE OF CLIENT RECORDS OR INFORMATION.] When 70.6 releasing client records or information under this section, a 70.7 social worker must release current, accurate, and complete 70.8 records or information. 70.9 Sec. 48. [148D.235] [FEES AND BILLING PRACTICES.] 70.10 Subdivision 1. [FEES AND PAYMENTS.] (a) A social worker 70.11 must ensure that a client or a client's legal representative is 70.12 informed of all fees at the initial session or meeting with the 70.13 client, and that payment for services is arranged with the 70.14 client or the client's legal representative at the beginning of 70.15 the professional relationship. Upon request from a client or a 70.16 client's legal representative, a social worker must provide in a 70.17 timely manner a written payment plan or a written explanation of 70.18 the charges for any services rendered. 70.19 (b) When providing services authorized or required by law 70.20 to a client who does not have the capacity to provide consent 70.21 and who does not have a legal representative, a social worker 70.22 may submit reasonable bills to an appropriate payer for services 70.23 provided. 70.24 Subd. 2. [BILLING FOR SERVICES NOT PROVIDED.] A social 70.25 worker must not bill for services that have not been provided 70.26 except that, with prior notice to the client, a social worker 70.27 may bill for failed appointments or for cancellations without 70.28 sufficient notice. A social worker may bill only for provided 70.29 services which are necessary and appropriate. Financial 70.30 responsibility for failed appointment billings resides solely 70.31 with the client and such costs may not be billed to public or 70.32 private payers. 70.33 Subd. 3. [NO PAYMENT FOR REFERRALS.] A social worker must 70.34 not accept or give a commission, rebate, or other form of 70.35 remuneration solely or primarily to profit from the referral of 70.36 a client. 71.1 Subd. 4. [FEES AND BILLING PRACTICES.] A social worker 71.2 must not engage in improper or fraudulent billing practices, 71.3 including, but not limited to, violations of the federal 71.4 Medicare and Medicaid laws or state medical assistance laws. 71.5 Sec. 49. [148D.240] [REPORTING REQUIREMENTS.] 71.6 Subdivision 1. [FAILURE TO SELF-REPORT ADVERSE 71.7 ACTIONS.] The board has grounds to take action under sections 71.8 148D.255 to 148D.270 when a social worker fails to report to the 71.9 board within 90 days: 71.10 (1) having been disciplined, sanctioned, or found to have 71.11 violated a state, territorial, provincial, or foreign licensing 71.12 agency's laws or rules; 71.13 (2) having been convicted of committing a felony, gross 71.14 misdemeanor, or misdemeanor reasonably related to the practice 71.15 of social work; 71.16 (3) having had a finding or verdict of guilt, whether or 71.17 not the adjudication of guilt is withheld or not entered, of 71.18 committing a felony, gross misdemeanor, or misdemeanor 71.19 reasonably related to the practice of social work; 71.20 (4) having admitted to committing, or entering a no contest 71.21 plea to committing, a felony, gross misdemeanor, or misdemeanor 71.22 reasonably related to the practice of social work; or 71.23 (5) having been denied licensure by a state, territorial, 71.24 provincial, or foreign licensing agency. 71.25 Subd. 2. [FAILURE TO SUBMIT APPLICATION INFORMATION.] The 71.26 board has grounds to take action under sections 148D.255 to 71.27 148D.270 when an applicant or licensee fails to submit with an 71.28 application the following information: 71.29 (1) the dates and dispositions of any malpractice 71.30 settlements or awards made relating to the social work services 71.31 provided by the applicant or licensee; or 71.32 (2) the dates and dispositions of any civil litigations or 71.33 arbitrations relating to the social work services provided by 71.34 the applicant or licensee. 71.35 Subd. 3. [REPORTING OTHER LICENSED HEALTH 71.36 PROFESSIONALS.] An applicant or licensee must report to the 72.1 appropriate health-related licensing board conduct by a licensed 72.2 health professional which would constitute grounds for 72.3 disciplinary action under the statutes and rules enforced by 72.4 that board. 72.5 Subd. 4. [REPORTING UNLICENSED PRACTICE.] An applicant or 72.6 licensee must report to the board conduct by an unlicensed 72.7 person which constitutes the practice of social work, as defined 72.8 in section 148D.010, except when the unlicensed person is exempt 72.9 from licensure pursuant to section 148D.065. 72.10 Subd. 5. [FAILURE TO REPORT OTHER APPLICANTS OR LICENSEES 72.11 AND UNLICENSED PRACTICE.] The board has grounds to take action 72.12 under sections 148D.255 to 148.270 when an applicant or licensee 72.13 fails to report to the board conduct: 72.14 (1) by another licensee or applicant which the applicant or 72.15 licensee has reason to believe may reasonably constitute grounds 72.16 for disciplinary action under this section; or 72.17 (2) by an unlicensed person that constitutes the practice 72.18 of social work when a license is required to practice social 72.19 work. 72.20 Subd. 6. [DUTY TO WARN.] A licensee must comply with the 72.21 duty to warn established by section 148.975. 72.22 Subd. 7. [REPORTING MALTREATMENT OF MINORS.] An applicant 72.23 or licensee must comply with the reporting of maltreatment of 72.24 minors established by section 626.556. 72.25 Subd. 8. [REPORTING MALTREATMENT OF VULNERABLE ADULTS.] An 72.26 applicant or licensee must comply with the reporting of 72.27 maltreatment of vulnerable adults established by section 626.557. 72.28 Subd. 9. [SUBPOENAS.] The board may issue subpoenas 72.29 pursuant to section 148D.245 and chapter 214 for the production 72.30 of any reports required by this section or any related documents. 72.31 INVESTIGATIONS 72.32 Sec. 50. [148D.245] [INVESTIGATIVE POWERS AND PROCEDURES.] 72.33 Subdivision 1. [SUBPOENAS.] (a) The board may issue 72.34 subpoenas and compel the attendance of witnesses and the 72.35 production of all necessary papers, books, records, documents, 72.36 and other evidentiary material as part of its investigation of 73.1 an applicant or licensee under this section or chapter 214. 73.2 (b) If any person fails or refuses to appear or testify 73.3 regarding any matter about which the person may be lawfully 73.4 questioned, or fails or refuses to produce any papers, books, 73.5 records, documents, or other evidentiary materials in the matter 73.6 to be heard, after having been required by order of the board or 73.7 by a subpoena of the board to do so, the board may institute a 73.8 proceeding in any district court to enforce the board's order or 73.9 subpoena. 73.10 (c) The board or a designated member of the board acting on 73.11 behalf of the board may issue subpoenas or administer oaths to 73.12 witnesses or take affirmations. Depositions may be taken within 73.13 or out of the state in the manner provided by law for the taking 73.14 of depositions in civil actions. 73.15 (d) A subpoena or other process or paper may be served upon 73.16 any person named therein, by mail or by any officer authorized 73.17 to serve subpoenas or other process or paper in civil actions, 73.18 with the same fees and mileage and in the same manner as 73.19 prescribed by law for service of process issued out of the 73.20 district court of this state. 73.21 (e) Fees, mileage, and other costs must be paid as the 73.22 board directs. 73.23 Subd. 2. [CLASSIFICATION OF DATA.] (a) Any records 73.24 obtained as part of an investigation must be treated as 73.25 investigative data under section 13.41 and be classified as 73.26 confidential data. 73.27 (b) Notwithstanding paragraph (a), client records must be 73.28 treated as private data under chapter 13. Client records must 73.29 be protected as private data in the records of the board and in 73.30 administrative or judicial proceedings unless the client 73.31 authorizes the board in writing to make public the identity of 73.32 the client or a portion or all of the client's records. 73.33 Subd. 3. [MENTAL OR PHYSICAL EXAMINATION; CHEMICAL 73.34 DEPENDENCY EVALUATION.] (a) If the board has (1) probable cause 73.35 to believe that an applicant or licensee has violated a statute 73.36 or rule enforced by the board, or an order issued by the board 74.1 and (2) the board believes the applicant may have a 74.2 health-related condition relevant to the violation, the board 74.3 may issue an order directing the applicant or licensee to submit 74.4 to one or more of the following: a mental examination, a 74.5 physical examination, or a chemical dependency evaluation. 74.6 (b) An examination or evaluation order issued by the board 74.7 must include: 74.8 (1) factual specifications on which the order is based; 74.9 (2) the purpose of the examination or evaluation; 74.10 (3) the name of the person or entity that will conduct the 74.11 examination or evaluation; and 74.12 (4) the means by which the examination or evaluation will 74.13 be paid for. 74.14 (c) Every applicant or licensee must submit to a mental 74.15 examination, a physical examination, or a chemical dependency 74.16 evaluation when ordered to do so in writing by the board. 74.17 (d) By submitting to a mental examination, a physical 74.18 examination, or a chemical dependency evaluation, an applicant 74.19 or licensee waives all objections to the admissibility of the 74.20 examiner or evaluator's testimony or reports on the grounds that 74.21 the testimony or reports constitute a privileged communication. 74.22 Subd. 4. [FAILURE TO SUBMIT TO AN EXAMINATION.] (a) If an 74.23 applicant or licensee fails to submit to an examination or 74.24 evaluation ordered by the board pursuant to subdivision 3, 74.25 unless the failure was due to circumstances beyond the control 74.26 of the applicant or licensee, the failure is an admission that 74.27 the applicant or licensee violated a statute or rule enforced by 74.28 the board as specified in the examination or evaluation order 74.29 issued by the board. The failure may result in an application 74.30 being denied or other adversarial, corrective, or disciplinary 74.31 action being taken by the board without a contested case hearing. 74.32 (b) If an applicant or licensee requests a contested case 74.33 hearing after the board denies an application or takes other 74.34 disciplinary or adversarial action, the only issues which may be 74.35 determined at the hearing are: 74.36 (1) whether the board had probable cause to issue the 75.1 examination or evaluation order; and 75.2 (2) whether the failure to submit to the examination or 75.3 evaluation was due to circumstances beyond the control of the 75.4 applicant or licensee. 75.5 (c) Neither the record of a proceeding under this 75.6 subdivision nor an order issued by the board may be admissible, 75.7 subject to subpoena, or be used against the applicant or 75.8 licensee in a proceeding in which the board is not a party or 75.9 decision maker. 75.10 (d) Information obtained under this subdivision must be 75.11 treated as private data under chapter 13. An order issued by 75.12 the board as the result of an applicant's or licensee's failure 75.13 to submit to an examination or evaluation must be treated as 75.14 public data under chapter 13. 75.15 Subd. 5. [ACCESS TO DATA AND RECORDS.] (a) In addition to 75.16 ordering a physical or mental examination or chemical dependency 75.17 evaluation, and notwithstanding section 13.384, 144.651, 595.02, 75.18 or any other statute limiting access to health records, the 75.19 board or a designated member of the board acting on behalf of 75.20 the board may subpoena physical, mental, and chemical dependency 75.21 health records relating to an applicant or licensee without the 75.22 applicant's or licensee's consent if: 75.23 (1) the board has probable cause to believe that the 75.24 applicant or licensee has violated chapter 214, a statute or 75.25 rule enforced by the board, or an order issued by the board; and 75.26 (2) the board has reason to believe that the records are 75.27 relevant and necessary to the investigation. 75.28 (b) An applicant, licensee, insurance company, government 75.29 agency, health care facility, or provider as defined in section 75.30 144.335, subdivision 1, paragraph (b), must comply with any 75.31 subpoena of the board under this subdivision and is not liable 75.32 in any action for damages for releasing information subpoenaed 75.33 by the board under this subdivision unless the information 75.34 provided is false and the person or entity providing the 75.35 information knew or had reason to know that the information was 75.36 false. 76.1 (c) Information on individuals obtained under this 76.2 subdivision must be treated as investigative data under section 76.3 13.41 and be classified as confidential data. 76.4 (d) If an applicant, licensee, person, or entity does not 76.5 comply with any subpoena of the board under this subdivision, 76.6 the board may institute a proceeding in any district court to 76.7 enforce the board's subpoena. 76.8 Subd. 6. [EVIDENCE OF PAST SEXUAL CONDUCT.] If, in a 76.9 proceeding for taking action against an applicant or licensee 76.10 under this section, the charges involve sexual contact with a 76.11 client or former client, the board or administrative law judge 76.12 must not consider evidence of the client's or former client's 76.13 previous sexual conduct. Reference to the client's or former 76.14 client's previous sexual conduct must not be made during the 76.15 proceedings or in the findings, except by motion of the 76.16 complainant, unless the evidence would be admissible under the 76.17 applicable provisions of section 609.347, subdivision 3. 76.18 Subd. 7. [INVESTIGATIONS INVOLVING VULNERABLE ADULTS OR 76.19 CHILDREN IN NEED OF PROTECTION.] (a) Except as provided in 76.20 paragraph (b), if the board receives a complaint about a social 76.21 worker regarding the social worker's involvement in a case of 76.22 vulnerable adults or children in need of protection, the county 76.23 or other appropriate public authority may request that the board 76.24 suspend its investigation, and the board must comply until such 76.25 time as the court issues its findings on the case. 76.26 (b) Notwithstanding paragraph (a), the board may continue 76.27 with an investigation if the board determines that doing so is 76.28 in the best interests of the vulnerable adult or child and is 76.29 consistent with the board's obligation to protect the public. 76.30 If the board chooses to continue an investigation, the board 76.31 must notify the county or other appropriate public authority in 76.32 writing and state its reasons for doing so. 76.33 Subd. 8. [NOTIFICATION OF COMPLAINANT.] (a) In no more 76.34 than 14 calendar days after receiving a complaint regarding a 76.35 licensee, the board must notify the complainant that the board 76.36 has received the complaint. 77.1 (b) The board must periodically notify the complainant of 77.2 the status of the complaint. 77.3 Subd. 9. [NOTIFICATION OF LICENSEE.] (a) Except as 77.4 provided in paragraph (b), in no more than 60 calendar days 77.5 after receiving a complaint regarding a licensee, the board must 77.6 notify the licensee that the board has received the complaint 77.7 and inform the licensee of: 77.8 (1) the substance of the complaint; 77.9 (2) the sections of the law that allegedly have been 77.10 violated; and 77.11 (3) whether an investigation is being conducted. 77.12 (b) Paragraph (a) does not apply if: 77.13 (1) the board determines that such notice would compromise 77.14 the board's investigation pursuant to section 214.10; or 77.15 (2) the board determines that such notice cannot reasonably 77.16 be accomplished within this time. 77.17 (c) The board must periodically notify the licensee of the 77.18 status of the complaint. 77.19 Subd. 10. [RESOLUTION OF COMPLAINTS.] In no more than one 77.20 year after receiving a complaint regarding a licensee, the board 77.21 must resolve or dismiss the complaint unless the board 77.22 determines that resolving or dismissing the complaint cannot 77.23 reasonably be accomplished within this time. 77.24 Sec. 51. [148D.250] [OBLIGATION TO COOPERATE.] 77.25 Subdivision 1. [OBLIGATION TO COOPERATE.] An applicant or 77.26 licensee who is the subject of an investigation, or who is 77.27 questioned by or on behalf of the board in connection with an 77.28 investigation, must cooperate fully with the investigation. 77.29 Cooperation includes, but is not limited to: 77.30 (1) responding fully and promptly to any question relating 77.31 to the investigation; 77.32 (2) as reasonably requested by the board, providing copies 77.33 of client and other records in the applicant's or licensee's 77.34 possession relating to the investigation; 77.35 (3) executing release of records as reasonably requested by 77.36 the board; and 78.1 (4) appearing at conferences, hearings, or meetings 78.2 scheduled by the board, as required in sections 148D.255 to 78.3 148D.270 and chapter 214. 78.4 Subd. 2. [INVESTIGATION.] A social worker must not 78.5 knowingly withhold relevant information, give false or 78.6 misleading information, or do anything to obstruct an 78.7 investigation of the social worker or another social worker by 78.8 the board or by another state or federal regulatory or law 78.9 enforcement authority. 78.10 Subd. 3. [PAYMENT FOR COPIES.] The board must pay for 78.11 copies requested by the board. 78.12 Subd. 4. [ACCESS TO CLIENT RECORDS.] Notwithstanding any 78.13 law to the contrary, an applicant or licensee must allow the 78.14 board access to any records of a client provided services by the 78.15 applicant or licensee under investigation. If the client has 78.16 not signed a consent permitting access to the client's records, 78.17 the applicant or licensee must delete any data in the records 78.18 that identifies the client before providing the records to the 78.19 board. 78.20 Subd. 5. [CLASSIFICATION OF DATA.] Any records obtained 78.21 pursuant to this subdivision must be treated as investigative 78.22 data pursuant to section 13.41 and be classified as confidential 78.23 data. 78.24 TYPES OF ACTIONS 78.25 Sec. 52. [148D.255] [TYPES OF ACTIONS.] 78.26 Subdivision 1. [ACTIONS.] The board may take disciplinary 78.27 action pursuant to section 148D.260, adversarial but 78.28 nondisciplinary action pursuant to section 148D.265, or 78.29 voluntary action pursuant to section 148D.270. Any action taken 78.30 under sections 148D.260 to 148D.270 is public data. 78.31 Subd. 2. [DISCIPLINARY ACTION.] For purposes of section 78.32 148D.260, "disciplinary action" means an action taken by the 78.33 board against an applicant or licensee that addresses a 78.34 complaint alleging a violation of a statute or rule the board is 78.35 empowered to enforce. 78.36 Subd. 3. [ADVERSARIAL BUT NONDISCIPLINARY ACTION.] For 79.1 purposes of section 148D.265, "adversarial but nondisciplinary 79.2 action" means a nondisciplinary action taken by the board that 79.3 addresses a complaint alleging a violation of a statute or rule 79.4 the board is empowered to enforce. 79.5 Subd. 4. [VOLUNTARY ACTION.] For purposes of section 79.6 148D.270, "voluntary action" means a nondisciplinary action 79.7 agreed to by the board or a designated board member and an 79.8 applicant or licensee that, through educational or other 79.9 corrective means, addresses a complaint alleging a violation of 79.10 a statute or rule that the board is empowered to enforce. 79.11 Sec. 53. [148D.260] [DISCIPLINARY ACTIONS.] 79.12 Subdivision 1. [GENERAL DISCIPLINARY ACTIONS.] (a) When 79.13 the board has grounds for disciplinary actions under this 79.14 chapter, the board may take one or more of the following 79.15 disciplinary actions: 79.16 (1) deny an application; 79.17 (2) permanently revoke a license to practice social work; 79.18 (3) indefinitely or temporarily suspend a license to 79.19 practice social work; 79.20 (4) impose restrictions on a licensee's scope of practice; 79.21 (5) impose conditions required for the licensee to maintain 79.22 licensure, including, but not limited to, additional education, 79.23 supervision, and requiring the passing of an examination 79.24 provided for in section 148D.055; 79.25 (6) reprimand a licensee; 79.26 (7) impose a civil penalty of up to $10,000 for each 79.27 violation in order to discourage future violations or to deprive 79.28 the licensee of any economic advantage gained by reason of the 79.29 violation; or 79.30 (8) impose a fee to reimburse the board for all or part of 79.31 the cost of the proceedings resulting in disciplinary action, 79.32 including, but not limited to, the amount paid by the board for 79.33 services received from or expenses incurred by the Office of 79.34 Administrative Hearings, the Office of the Attorney General, 79.35 court reporters, witnesses, board members, board staff, or the 79.36 amount paid by the board for reproducing records. 80.1 (b) Disciplinary action taken by the board under this 80.2 subdivision is in effect pending determination of an appeal 80.3 unless the court, upon petition and for good cause shown, 80.4 decides otherwise. 80.5 Subd. 2. [REPRIMANDS.] (a) In addition to the board's 80.6 authority to issue a reprimand pursuant to subdivision 1, a 80.7 designated board member reviewing a complaint as provided for in 80.8 chapter 214 may issue a reprimand to a licensee. The designated 80.9 board member must notify the licensee that the reprimand will 80.10 become final disciplinary action unless the licensee requests a 80.11 hearing by the board within 14 calendar days. 80.12 (b) If the licensee requests a hearing within 14 calendar 80.13 days, the board must schedule a hearing unless the designated 80.14 board member withdraws the reprimand. 80.15 (c) The hearing must be scheduled within 14 working days of 80.16 the time the licensee submits a request for the hearing. 80.17 (d) The designated board member who issued the reprimand 80.18 may participate in the hearing but must not deliberate or vote 80.19 on the decision by the board. 80.20 (e) The only evidence permitted at the hearing is 80.21 affidavits or other documents except for testimony by the 80.22 licensee or other witnesses whose testimony the board chair has 80.23 authorized for good cause. 80.24 (f) If testimony is authorized, the testimony is subject to 80.25 cross-examination. 80.26 (g) After the hearing, the board must affirm or dismiss the 80.27 reprimand. 80.28 Subd. 3. [TEMPORARY SUSPENSIONS.] (a) In addition to any 80.29 other remedy provided by statute, the board or a designated 80.30 board member may, without a hearing, temporarily suspend a 80.31 license to practice social work if the board or the designated 80.32 board member finds that: 80.33 (1) the licensee has violated a statute or rule enforced by 80.34 the board, any other federal or state law or rule related to the 80.35 practice of social work, or an order, stipulation, or agreement 80.36 agreed to or issued by the board; and 81.1 (2) continued practice by the licensee would create a 81.2 serious risk of harm to others. 81.3 (b) The suspension is in effect upon service of a written 81.4 order on the licensee specifying the statute, rule, order, 81.5 stipulation, or agreement violated. Service of the order is 81.6 effective if the order is served on the licensee or the 81.7 licensee's attorney personally or by first class mail to the 81.8 most recent address provided to the board for the licensee or 81.9 the licensee's attorney. 81.10 (c) The temporary suspension remains in effect until after 81.11 the board issues an order pursuant to paragraph (e), or if there 81.12 is a contested case hearing, after the board issues a written 81.13 final order pursuant to paragraph (g). 81.14 (d) If the licensee requests in writing within five 81.15 calendar days of service of the order that the board hold a 81.16 hearing, the board must hold a hearing on the sole issue of 81.17 whether to continue, modify, or lift the suspension. The board 81.18 must hold the hearing within ten working days of receipt of the 81.19 licensee's written request. Evidence presented by the board or 81.20 licensee must be in affidavit form only, except that the 81.21 licensee or the licensee's attorney may present oral argument. 81.22 (e) Within five working days after the hearing, the board 81.23 must issue its order. If the licensee contests the order, the 81.24 board must schedule a contested case hearing under chapter 14. 81.25 The contested case hearing must be scheduled to occur within 45 81.26 calendar days after issuance of the order. 81.27 (f) The administrative law judge must issue a report within 81.28 30 calendar days after the contested case hearing is concluded. 81.29 (g) The board must issue a final order within 30 calendar 81.30 days after the board receives the administrative law judge's 81.31 report. 81.32 Sec. 54. [148D.265] [ADVERSARIAL BUT NONDISCIPLINARY 81.33 ACTIONS.] 81.34 Subdivision 1. [AUTOMATIC SUSPENSIONS.] (a) A license to 81.35 practice social work is automatically suspended if: 81.36 (1) a guardian of a licensee is appointed by order of a 82.1 court pursuant to sections 524.5-101 and 524.5.102; or 82.2 (2) the licensee is committed by order of a court pursuant 82.3 to chapter 253B. 82.4 (b) A license remains suspended until: 82.5 (1) the licensee is restored to capacity by a court; and 82.6 (2) upon petition by the licensee and after a hearing or an 82.7 agreement with the licensee, the board terminates the suspension. 82.8 (c) If the board terminates the suspension, it may do so 82.9 with or without conditions or restrictions, including, but not 82.10 limited to, participation in the health professional services 82.11 program. 82.12 Subd. 2. [CEASE AND DESIST ORDERS.] (a) The board or a 82.13 designated board member may issue a cease and desist order to 82.14 stop a person from engaging in unauthorized practice or from 82.15 violating or threatening to violate a statute or rule enforced 82.16 by the board or an order, stipulation, or agreement agreed to or 82.17 issued by the board. 82.18 (b) The cease and desist order must state the reason for 82.19 its issuance and give notice of the person's right to request a 82.20 hearing under sections 14.57 to 14.62. If the person fails to 82.21 request a hearing in writing postmarked within 15 calendar days 82.22 after service of the cease and desist order, the order is the 82.23 final order of the board and is not reviewable by a court or 82.24 agency. 82.25 (c) If the board receives a written request for a hearing 82.26 postmarked within 15 calendar days after service of the cease 82.27 and desist order, the board must schedule a hearing within 30 82.28 calendar days of receiving the request. 82.29 (d) The administrative law judge must issue a report within 82.30 30 calendar days after the contested case hearing is concluded. 82.31 (e) Within 30 calendar days after the board receives the 82.32 administrative law judge's report, the board must issue a final 82.33 order modifying, vacating, or making permanent the cease and 82.34 desist order. The final order remains in effect until modified 82.35 or vacated by the board. 82.36 (f) If a person does not comply with a cease and desist 83.1 order, the board may institute a proceeding in any district 83.2 court to obtain injunctive relief or other appropriate relief, 83.3 including but not limited to, a civil penalty payable to the 83.4 board of up to $10,000 for each violation. 83.5 (g) A cease and desist order issued pursuant to this 83.6 subdivision does not relieve a person from criminal prosecution 83.7 by a competent authority or from disciplinary action by the 83.8 board. 83.9 Subd. 3. [INJUNCTIVE RELIEF.] (a) In addition to any other 83.10 remedy provided by law, the board may bring an action in 83.11 district court for injunctive relief to restrain any 83.12 unauthorized practice or violation or threatened violation of 83.13 any statute or rule, stipulation, or agreement agreed to or 83.14 enforced by the board or an order issued by the board. 83.15 (b) A temporary restraining order may be granted in the 83.16 proceeding if continued activity by a person would create an 83.17 imminent risk of harm to others. 83.18 (c) Injunctive relief granted pursuant to this subdivision 83.19 does not relieve a person from criminal prosecution by a 83.20 competent authority or from disciplinary action by the board. 83.21 (d) In bringing an action for injunctive relief, the board 83.22 need not show irreparable harm. 83.23 Sec. 55. [148D.270] [VOLUNTARY ACTIONS.] 83.24 Subdivision 1. [AGREEMENTS FOR CORRECTIVE ACTION.] (a) The 83.25 board or a designated board member may enter into an agreement 83.26 for corrective action with an applicant or licensee when the 83.27 board or a designated board member determines that a complaint 83.28 alleging a violation of a statute or rule enforced by the board 83.29 or an order issued by the board may best be resolved through an 83.30 agreement for corrective action when disciplinary action is not 83.31 required to protect the public. 83.32 (b) An agreement for corrective action must: 83.33 (1) be in writing; 83.34 (2) specify the facts upon which the agreement is based; 83.35 (3) clearly indicate the corrective action agreed upon; and 83.36 (4) provide that the complaint that resulted in the 84.1 agreement must be dismissed by the board or the designated board 84.2 member upon successful completion of the corrective action. 84.3 (c) The board or designated board member may determine 84.4 successful completion when the applicant or licensee submits a 84.5 request for dismissal that documents the applicant's or 84.6 licensee's successful completion of the corrective action. The 84.7 burden of proof is on the applicant or licensee to prove 84.8 successful completion. 84.9 (d) An agreement for corrective action is not disciplinary 84.10 action but must be treated as public data under chapter 13. 84.11 (e) The board may impose a fee to reimburse the board for 84.12 all or part of the costs of the proceedings resulting in a 84.13 corrective action, including, but not limited to, the amount 84.14 paid by the board for services received from or expenses 84.15 incurred by the Office of the Attorney General, board members, 84.16 board staff, or the amount paid by the board for reproducing 84.17 records. 84.18 (f) The board or designated board member must not enter 84.19 into an agreement for corrective action when the complaint 84.20 alleged sexual conduct with a client unless there is 84.21 insufficient evidence to justify disciplinary action but there 84.22 is a basis for corrective action. 84.23 Subd. 2. [STIPULATIONS TO CEASE PRACTICING SOCIAL 84.24 WORK.] (a) The board or a designated board member may enter into 84.25 a stipulation to cease practicing social work with a licensee if 84.26 the board or designated board member determines that the 84.27 licensee is unable to practice social work competently or safely 84.28 or that the social worker's continued practice creates an 84.29 unacceptable risk of safety to clients, potential clients, or 84.30 the public. 84.31 (b) A stipulation to cease practicing social work must: 84.32 (1) be in writing; 84.33 (2) specify the facts upon which the stipulation is based; 84.34 (3) clearly indicate that the licensee must not practice 84.35 social work and must not hold out to the public that the social 84.36 worker is licensed; and 85.1 (4) specify the term of the stipulation or when and under 85.2 what circumstances the licensee may petition the board for 85.3 termination of the stipulation. 85.4 (c) A stipulation to cease practicing social work is not 85.5 disciplinary action but must be treated as public data under 85.6 chapter 13. 85.7 (d) Nothing in this subdivision prevents the board or 85.8 designated board member from taking any other disciplinary or 85.9 adversarial action authorized by sections 148D.255 to 148D.265 85.10 in lieu of or in addition to entering into a stipulation to 85.11 cease practicing social work. 85.12 REQUIREMENTS OF NONLICENSEES 85.13 Sec. 56. [148D.275] [UNAUTHORIZED PRACTICE.] 85.14 No individual may: 85.15 (1) engage in the practice of social work without a social 85.16 work license under sections 148D.055 and 148D.060, except when 85.17 the individual is exempt from licensure pursuant to section 85.18 148D.065; 85.19 (2) provide social work services to a client who resides in 85.20 this state when the individual providing the services is not 85.21 licensed as a social worker pursuant to sections 148D.055 to 85.22 148D.060, except when the individual is exempt from licensure 85.23 pursuant to section 148D.065. 85.24 Sec. 57. [148D.280] [USE OF TITLES.] 85.25 No individual may be presented to the public by any title 85.26 incorporating the words "social work" or "social worker" or in 85.27 the titles in section 148D.195, unless that individual holds a 85.28 license pursuant to sections 148D.055 and 148D.060, or practices 85.29 in a setting exempt from licensure pursuant to section 148D.065. 85.30 Sec. 58. [148D.285] [REPORTING REQUIREMENTS.] 85.31 Subdivision 1. [INSTITUTIONS.] A state agency, political 85.32 subdivision, agency of a local unit of government, private 85.33 agency, hospital, clinic, prepaid medical plan, or other health 85.34 care institution or organization must report to the board: 85.35 (1) any adversarial action, disciplinary action, or other 85.36 sanction for conduct that might constitute grounds for action 86.1 under section 148D.190; 86.2 (2) the resignation of any applicant or licensee prior to 86.3 the conclusion of any proceeding for adversarial action, 86.4 disciplinary action, or other sanction for conduct that might 86.5 constitute grounds for action under section 148D.190; or 86.6 (3) the resignation of any applicant or licensee prior to 86.7 the commencement of a proceeding for adversarial action, 86.8 disciplinary action, or other sanction for conduct that might 86.9 constitute grounds for action under section 148D.190, but after 86.10 the applicant or licensee had knowledge that a proceeding was 86.11 contemplated or in preparation. 86.12 Subd. 2. [PROFESSIONAL SOCIETIES AND ASSOCIATIONS.] A 86.13 state or local professional society or association whose members 86.14 consist primarily of licensed social workers must report to the 86.15 board any adversarial action, disciplinary action, or other 86.16 sanction taken against a member. 86.17 Subd. 3. [IMMUNITY.] An individual, professional society 86.18 or association, state agency, political subdivision, agency of a 86.19 local unit of government, private agency, hospital, clinic, 86.20 prepaid medical plan, other health care institution or 86.21 organization or other entity is immune from civil liability or 86.22 criminal prosecution for submitting in good faith a report under 86.23 subdivision 1 or 2 or for otherwise reporting, providing 86.24 information, or testifying about violations or alleged 86.25 violations of this chapter. 86.26 Sec. 59. [148D.290] [PENALTIES.] 86.27 An individual or other entity that violates section 86.28 148D.275, 148D.280, or 148D.285 is guilty of a misdemeanor. 86.29 Sec. 60. Minnesota Statutes 2004, section 214.06, 86.30 subdivision 1, is amended to read: 86.31 Subdivision 1. [FEE ADJUSTMENT.] Notwithstanding any law 86.32 to the contrary, the commissioner of health as authorized by 86.33 section 214.13, all health-related licensing boards and all 86.34 non-health-related licensing boards shall by rule, with the 86.35 approval of the commissioner of finance, adjust, as needed, any 86.36 fee which the commissioner of health or the board is empowered 87.1 to assess. As provided in section 16A.1285, the adjustment 87.2 shall be an amount sufficient so that the total fees collected 87.3 by each board willas closely as possible equalbe based on 87.4 anticipated expendituresduring the fiscal biennium, including 87.5 expenditures for the programs authorized by sections214.17 to87.6214.25 and 214.31 to 214.37214.10, 214.103, 214.11, 214.17 to 87.7 214.24, 214.28 to 214.37, and 214.40, except that a 87.8 health-related licensing board may have anticipated expenditures 87.9 in excess of anticipated revenues in a biennium by using 87.10 accumulated surplus revenues from fees collected by that board 87.11 in previous bienniums. A health-related licensing board shall 87.12 not spend more money than the amount appropriated by the 87.13 legislature for a biennium. For members of an occupation 87.14 registered after July 1, 1984, by the commissioner of health 87.15 under the provisions of section 214.13, the fee established must 87.16 include an amount necessary to recover, over a five-year period, 87.17 the commissioner's direct expenditures for adoption of the rules 87.18 providing for registration of members of the occupation. All 87.19 fees received shall be deposited in the state treasury.Fees87.20received by the commissioner of health or health-related87.21licensing boards must be credited to the health occupations87.22licensing account in the state government special revenue fund.87.23 Sec. 61. Minnesota Statutes 2004, section 214.06, is 87.24 amended by adding a subdivision to read: 87.25 Subd. 1a. [HEALTH OCCUPATIONS LICENSING ACCOUNT.] Fees 87.26 received by the commissioner of health or health-related 87.27 licensing boards must be credited to the health occupations 87.28 licensing account in the state government special revenue fund. 87.29 The commissioner of finance shall ensure that the revenues and 87.30 expenditures of each health-related licensing board are tracked 87.31 separately in the health occupations licensing account. 87.32 Sec. 62. [REPEALER.] 87.33 Subdivision 1. [REPEAL OF STATUTES.] Minnesota Statutes 87.34 2004, sections 148B.18; 148B.185; 148B.19; 148B.20; 148B.21; 87.35 148B.215; 148B.22; 148B.224; 148B.225; 148B.226; 148B.24; 87.36 148B.25; 148B.26; 148B.27; 148B.28; 148B.281; 148B.282; 88.1 148B.283; 148B.284; 148B.285; 148B.286; 148B.287; 148B.288; and 88.2 148B.289, are repealed. 88.3 Subd. 2. [REPEAL OF RULES.] Minnesota Rules, parts 88.4 8740.0100; 8740.0110; 8740.0120; 8740.0122; 8740.0130; 88.5 8740.0155; 8740.0185; 8740.0187; 8740.0200; 8740.0240; 88.6 8740.0260; 8740.0285; 8740.0300; 8740.0310; 8740.0315; 88.7 8740.0320; 8740.0325; 8740.0330; 8740.0335; 8740.0340; and 88.8 8740.0345, are repealed. 88.9 Sec. 63. [EFFECTIVE DATE.] 88.10 Sections 1 to 60 and 62 are effective January 1, 2006. 88.11 Section 61 is effective July 1, 2005. 88.12 ARTICLE 2 88.13 BOARD OF SOCIAL WORK 88.14 CONFORMING AMENDMENTS 88.15 Section 1. Minnesota Statutes 2004, section 13.383, 88.16 subdivision 10, is amended to read: 88.17 Subd. 10. [SOCIAL WORKERS.] (a) [DISCIPLINARY DATA 88.18 GENERALLY.] Data held by the Board of Social Work in connection 88.19 with disciplinary matters are classified under 88.20 sections148B.281, subdivisions 2 and 5, and 148B.285148D.255 88.21 to 148D.270. 88.22 (b) [REPORTS OF VIOLATIONS.] Certain reports of violations 88.23 submitted to the Board of Social Work are classified 88.24 undersection 148B.284sections 148D.240 to 148D.250. 88.25 (c) [CLIENT RECORDS.] Client records of a patient cared 88.26 for by a social worker who is under review by the Board of 88.27 Social Work are classified undersections 148B.282 and 148B.286,88.28subdivision 3section 148D.230. 88.29 Sec. 2. Minnesota Statutes 2004, section 13.411, 88.30 subdivision 5, is amended to read: 88.31 Subd. 5. [SOCIAL WORKERS.] Residence addresses and 88.32 telephone numbers of social worker licensees are classified 88.33 undersection 148B.285, subdivision 5chapter 148D. 88.34 Sec. 3. Minnesota Statutes 2004, section 144.335, 88.35 subdivision 1, is amended to read: 88.36 Subdivision 1. [DEFINITIONS.] For the purposes of this 89.1 section, the following terms have the meanings given them: 89.2 (a) "Patient" means a natural person who has received 89.3 health care services from a provider for treatment or 89.4 examination of a medical, psychiatric, or mental condition, the 89.5 surviving spouse and parents of a deceased patient, or a person 89.6 the patient appoints in writing as a representative, including a 89.7 health care agent acting pursuant to chapter 145C, unless the 89.8 authority of the agent has been limited by the principal in the 89.9 principal's health care directive. Except for minors who have 89.10 received health care services pursuant to sections 144.341 to 89.11 144.347, in the case of a minor, patient includes a parent or 89.12 guardian, or a person acting as a parent or guardian in the 89.13 absence of a parent or guardian. 89.14 (b) "Provider" means (1) any person who furnishes health 89.15 care services and is regulated to furnish the services pursuant 89.16 to chapter 147, 147A, 147B, 147C, 147D, 148, 148B, 148C, 148D, 89.17 150A, 151, 153, or 153A, or Minnesota Rules, chapter 4666; (2) a 89.18 home care provider licensed under section 144A.46; (3) a health 89.19 care facility licensed pursuant to this chapter or chapter 144A; 89.20 (4) a physician assistant registered under chapter 147A; and (5) 89.21 an unlicensed mental health practitioner regulated pursuant to 89.22 sections 148B.60 to 148B.71. 89.23 (c) "Individually identifiable form" means a form in which 89.24 the patient is or can be identified as the subject of the health 89.25 records. 89.26 Sec. 4. Minnesota Statutes 2004, section 144A.46, 89.27 subdivision 2, is amended to read: 89.28 Subd. 2. [EXEMPTIONS.] The following individuals or 89.29 organizations are exempt from the requirement to obtain a home 89.30 care provider license: 89.31 (1) a person who is licensed as a registered nurse under 89.32 sections 148.171 to 148.285 and who independently provides 89.33 nursing services in the home without any contractual or 89.34 employment relationship to a home care provider or other 89.35 organization; 89.36 (2) a personal care assistant who provides services to only 90.1 one individual under the medical assistance program as 90.2 authorized under sections 256B.0625, subdivision 19a, and 90.3 256B.04, subdivision 16; 90.4 (3) a person or organization that exclusively offers, 90.5 provides, or arranges for personal care assistant services to 90.6 only one individual under the medical assistance program as 90.7 authorized under sections 256B.0625, subdivision 19a, and 90.8 256B.04, subdivision 16; 90.9 (4) a person who is licensed under sections 148.65 to 90.10 148.78 and who independently provides physical therapy services 90.11 in the home without any contractual or employment relationship 90.12 to a home care provider or other organization; 90.13 (5) a provider that is licensed by the commissioner of 90.14 human services to provide semi-independent living services under 90.15 Minnesota Rules, parts 9525.0500 to 9525.0660 when providing 90.16 home care services to a person with a developmental disability; 90.17 (6) a provider that is licensed by the commissioner of 90.18 human services to provide home and community-based services 90.19 under Minnesota Rules, parts 9525.2000 to 9525.2140 when 90.20 providing home care services to a person with a developmental 90.21 disability; 90.22 (7) a person or organization that provides only home 90.23 management services, if the person or organization is registered 90.24 under section 144A.461; or 90.25 (8) a person who is licensed as a social worker under 90.26sections 148B.18 to 148B.289chapter 148D and who provides 90.27 social work services in the home independently and not through 90.28 any contractual or employment relationship with a home care 90.29 provider or other organization. 90.30 An exemption under this subdivision does not excuse the 90.31 individual from complying with applicable provisions of the home 90.32 care bill of rights. 90.33 Sec. 5. Minnesota Statutes 2004, section 147.09, is 90.34 amended to read: 90.35 147.09 [EXEMPTIONS.] 90.36 Section 147.081 does not apply to, control, prevent or 91.1 restrict the practice, service, or activities of: 91.2 (1) A person who is a commissioned medical officer of, a 91.3 member of, or employed by, the armed forces of the United 91.4 States, the United States Public Health Service, the Veterans 91.5 Administration, any federal institution or any federal agency 91.6 while engaged in the performance of official duties within this 91.7 state, if the person is licensed elsewhere. 91.8 (2) A licensed physician from a state or country who is in 91.9 actual consultation here. 91.10 (3) A licensed or registered physician who treats the 91.11 physician's home state patients or other participating patients 91.12 while the physicians and those patients are participating 91.13 together in outdoor recreation in this state as defined by 91.14 section 86A.03, subdivision 3. A physician shall first register 91.15 with the board on a form developed by the board for that 91.16 purpose. The board shall not be required to promulgate the 91.17 contents of that form by rule. No fee shall be charged for this 91.18 registration. 91.19 (4) A student practicing under the direct supervision of a 91.20 preceptor while the student is enrolled in and regularly 91.21 attending a recognized medical school. 91.22 (5) A student who is in continuing training and performing 91.23 the duties of an intern or resident or engaged in postgraduate 91.24 work considered by the board to be the equivalent of an 91.25 internship or residency in any hospital or institution approved 91.26 for training by the board, provided the student has a residency 91.27 permit issued by the board under section 147.0391. 91.28 (6) A person employed in a scientific, sanitary, or 91.29 teaching capacity by the state university, the Department of 91.30 Education, a public or private school, college, or other bona 91.31 fide educational institution, a nonprofit organization, which 91.32 has tax-exempt status in accordance with the Internal Revenue 91.33 Code, section 501(c)(3), and is organized and operated primarily 91.34 for the purpose of conducting scientific research directed 91.35 towards discovering the causes of and cures for human diseases, 91.36 or the state Department of Health, whose duties are entirely of 92.1 a research, public health, or educational character, while 92.2 engaged in such duties; provided that if the research includes 92.3 the study of humans, such research shall be conducted under the 92.4 supervision of one or more physicians licensed under this 92.5 chapter. 92.6 (7) Physician's assistants registered in this state. 92.7 (8) A doctor of osteopathy duly licensed by the state Board 92.8 of Osteopathy under Minnesota Statutes 1961, sections 148.11 to 92.9 148.16, prior to May 1, 1963, who has not been granted a license 92.10 to practice medicine in accordance with this chapter provided 92.11 that the doctor confines activities within the scope of the 92.12 license. 92.13 (9) Any person licensed by a health related licensing 92.14 board, as defined in section 214.01, subdivision 2, or 92.15 registered by the commissioner of health pursuant to section 92.16 214.13, including psychological practitioners with respect to 92.17 the use of hypnosis; provided that the person confines 92.18 activities within the scope of the license. 92.19 (10) A person who practices ritual circumcision pursuant to 92.20 the requirements or tenets of any established religion. 92.21 (11) A Christian Scientist or other person who endeavors to 92.22 prevent or cure disease or suffering exclusively by mental or 92.23 spiritual means or by prayer. 92.24 (12) A physician licensed to practice medicine in another 92.25 state who is in this state for the sole purpose of providing 92.26 medical services at a competitive athletic event. The physician 92.27 may practice medicine only on participants in the athletic 92.28 event. A physician shall first register with the board on a 92.29 form developed by the board for that purpose. The board shall 92.30 not be required to adopt the contents of the form by rule. The 92.31 physician shall provide evidence satisfactory to the board of a 92.32 current unrestricted license in another state. The board shall 92.33 charge a fee of $50 for the registration. 92.34 (13) A psychologist licensed under section 148.907 or a 92.35 social worker licensed undersection 148B.21chapter 148D who 92.36 uses or supervises the use of a penile or vaginal plethysmograph 93.1 in assessing and treating individuals suspected of engaging in 93.2 aberrant sexual behavior and sex offenders. 93.3 (14) Any person issued a training course certificate or 93.4 credentialed by the Emergency Medical Services Regulatory Board 93.5 established in chapter 144E, provided the person confines 93.6 activities within the scope of training at the certified or 93.7 credentialed level. 93.8 (15) An unlicensed complementary and alternative health 93.9 care practitioner practicing according to chapter 146A. 93.10 Sec. 6. Minnesota Statutes 2004, section 214.01, 93.11 subdivision 2, is amended to read: 93.12 Subd. 2. [HEALTH-RELATED LICENSING BOARD.] "Health-related 93.13 licensing board" means the Board of Examiners of Nursing Home 93.14 Administrators established pursuant to section 144A.19, the 93.15 Office of Unlicensed Complementary and Alternative Health Care 93.16 Practice established pursuant to section 146A.02, the Board of 93.17 Medical Practice created pursuant to section 147.01, the Board 93.18 of Nursing created pursuant to section 148.181, the Board of 93.19 Chiropractic Examiners established pursuant to section 148.02, 93.20 the Board of Optometry established pursuant to section 148.52, 93.21 the Board of Physical Therapy established pursuant to section 93.22 148.67, the Board of Psychology established pursuant to section 93.23 148.90, the Board of Social Work pursuant to section148B.1993.24 148D.025, the Board of Marriage and Family Therapy pursuant to 93.25 section 148B.30, the Office of Mental Health Practice 93.26 established pursuant to section 148B.61, the Board of Behavioral 93.27 Health and Therapy established by section 148B.51, the Alcohol 93.28 and Drug Counselors Licensing Advisory Council established 93.29 pursuant to section 148C.02, the Board of Dietetics and 93.30 Nutrition Practice established under section 148.622, the Board 93.31 of Dentistry established pursuant to section 150A.02, the Board 93.32 of Pharmacy established pursuant to section 151.02, the Board of 93.33 Podiatric Medicine established pursuant to section 153.02, and 93.34 the Board of Veterinary Medicine, established pursuant to 93.35 section 156.01. 93.36 Sec. 7. Minnesota Statutes 2004, section 245.462, 94.1 subdivision 18, is amended to read: 94.2 Subd. 18. [MENTAL HEALTH PROFESSIONAL.] "Mental health 94.3 professional" means a person providing clinical services in the 94.4 treatment of mental illness who is qualified in at least one of 94.5 the following ways: 94.6 (1) in psychiatric nursing: a registered nurse who is 94.7 licensed under sections 148.171 to 148.285; and: 94.8 (i) who is certified as a clinical specialist or as a nurse 94.9 practitioner in adult or family psychiatric and mental health 94.10 nursing by a national nurse certification organization; or 94.11 (ii) who has a master's degree in nursing or one of the 94.12 behavioral sciences or related fields from an accredited college 94.13 or university or its equivalent, with at least 4,000 hours of 94.14 post-master's supervised experience in the delivery of clinical 94.15 services in the treatment of mental illness; 94.16 (2) in clinical social work: a person licensed as an 94.17 independent clinical social worker undersection 148B.21,94.18subdivision 6chapter 148D, or a person with a master's degree 94.19 in social work from an accredited college or university, with at 94.20 least 4,000 hours of post-master's supervised experience in the 94.21 delivery of clinical services in the treatment of mental 94.22 illness; 94.23 (3) in psychology: an individual licensed by the Board of 94.24 Psychology under sections 148.88 to 148.98 who has stated to the 94.25 Board of Psychology competencies in the diagnosis and treatment 94.26 of mental illness; 94.27 (4) in psychiatry: a physician licensed under chapter 147 94.28 and certified by the American Board of Psychiatry and Neurology 94.29 or eligible for board certification in psychiatry; 94.30 (5) in marriage and family therapy: the mental health 94.31 professional must be a marriage and family therapist licensed 94.32 under sections 148B.29 to 148B.39 with at least two years of 94.33 post-master's supervised experience in the delivery of clinical 94.34 services in the treatment of mental illness; or 94.35 (6) in allied fields: a person with a master's degree from 94.36 an accredited college or university in one of the behavioral 95.1 sciences or related fields, with at least 4,000 hours of 95.2 post-master's supervised experience in the delivery of clinical 95.3 services in the treatment of mental illness. 95.4 Sec. 8. Minnesota Statutes 2004, section 245.4871, 95.5 subdivision 27, is amended to read: 95.6 Subd. 27. [MENTAL HEALTH PROFESSIONAL.] "Mental health 95.7 professional" means a person providing clinical services in the 95.8 diagnosis and treatment of children's emotional disorders. A 95.9 mental health professional must have training and experience in 95.10 working with children consistent with the age group to which the 95.11 mental health professional is assigned. A mental health 95.12 professional must be qualified in at least one of the following 95.13 ways: 95.14 (1) in psychiatric nursing, the mental health professional 95.15 must be a registered nurse who is licensed under sections 95.16 148.171 to 148.285 and who is certified as a clinical specialist 95.17 in child and adolescent psychiatric or mental health nursing by 95.18 a national nurse certification organization or who has a 95.19 master's degree in nursing or one of the behavioral sciences or 95.20 related fields from an accredited college or university or its 95.21 equivalent, with at least 4,000 hours of post-master's 95.22 supervised experience in the delivery of clinical services in 95.23 the treatment of mental illness; 95.24 (2) in clinical social work, the mental health professional 95.25 must be a person licensed as an independent clinical social 95.26 worker undersection 148B.21, subdivision 6chapter 148D, or a 95.27 person with a master's degree in social work from an accredited 95.28 college or university, with at least 4,000 hours of 95.29 post-master's supervised experience in the delivery of clinical 95.30 services in the treatment of mental disorders; 95.31 (3) in psychology, the mental health professional must be 95.32 an individual licensed by the board of psychology under sections 95.33 148.88 to 148.98 who has stated to the board of psychology 95.34 competencies in the diagnosis and treatment of mental disorders; 95.35 (4) in psychiatry, the mental health professional must be a 95.36 physician licensed under chapter 147 and certified by the 96.1 American board of psychiatry and neurology or eligible for board 96.2 certification in psychiatry; 96.3 (5) in marriage and family therapy, the mental health 96.4 professional must be a marriage and family therapist licensed 96.5 under sections 148B.29 to 148B.39 with at least two years of 96.6 post-master's supervised experience in the delivery of clinical 96.7 services in the treatment of mental disorders or emotional 96.8 disturbances; or 96.9 (6) in allied fields, the mental health professional must 96.10 be a person with a master's degree from an accredited college or 96.11 university in one of the behavioral sciences or related fields, 96.12 with at least 4,000 hours of post-master's supervised experience 96.13 in the delivery of clinical services in the treatment of 96.14 emotional disturbances. 96.15 Sec. 9. Minnesota Statutes 2004, section 256B.0625, 96.16 subdivision 38, is amended to read: 96.17 Subd. 38. [PAYMENTS FOR MENTAL HEALTH SERVICES.] Payments 96.18 for mental health services covered under the medical assistance 96.19 program that are provided by masters-prepared mental health 96.20 professionals shall be 80 percent of the rate paid to 96.21 doctoral-prepared professionals. Payments for mental health 96.22 services covered under the medical assistance program that are 96.23 provided by masters-prepared mental health professionals 96.24 employed by community mental health centers shall be 100 percent 96.25 of the rate paid to doctoral-prepared professionals. For 96.26 purposes of reimbursement of mental health professionals under 96.27 the medical assistance program, all social workers who: 96.28 (1) have received a master's degree in social work from a 96.29 program accredited by the Council on Social Work Education; 96.30 (2) are licensed at the level of graduate social worker or 96.31 independent social worker; and 96.32 (3) are practicing clinical social work under appropriate 96.33 supervision, as defined bysection 148B.18chapter 148D; meet 96.34 all requirements under Minnesota Rules, part 9505.0323, subpart 96.35 24, and shall be paid accordingly. 96.36 Sec. 10. Minnesota Statutes 2004, section 256J.08, 97.1 subdivision 73a, is amended to read: 97.2 Subd. 73a. [QUALIFIED PROFESSIONAL.] (a) For physical 97.3 illness, injury, or incapacity, a "qualified professional" means 97.4 a licensed physician, a physician's assistant, a nurse 97.5 practitioner, or a licensed chiropractor. 97.6 (b) For mental retardation and intelligence testing, a 97.7 "qualified professional" means an individual qualified by 97.8 training and experience to administer the tests necessary to 97.9 make determinations, such as tests of intellectual functioning, 97.10 assessments of adaptive behavior, adaptive skills, and 97.11 developmental functioning. These professionals include licensed 97.12 psychologists, certified school psychologists, or certified 97.13 psychometrists working under the supervision of a licensed 97.14 psychologist. 97.15 (c) For learning disabilities, a "qualified professional" 97.16 means a licensed psychologist or school psychologist with 97.17 experience determining learning disabilities. 97.18 (d) For mental health, a "qualified professional" means a 97.19 licensed physician or a qualified mental health professional. A 97.20 "qualified mental health professional" means: 97.21 (1) for children, in psychiatric nursing, a registered 97.22 nurse who is licensed under sections 148.171 to 148.285, and who 97.23 is certified as a clinical specialist in child and adolescent 97.24 psychiatric or mental health nursing by a national nurse 97.25 certification organization or who has a master's degree in 97.26 nursing or one of the behavioral sciences or related fields from 97.27 an accredited college or university or its equivalent, with at 97.28 least 4,000 hours of post-master's supervised experience in the 97.29 delivery of clinical services in the treatment of mental 97.30 illness; 97.31 (2) for adults, in psychiatric nursing, a registered nurse 97.32 who is licensed under sections 148.171 to 148.285, and who is 97.33 certified as a clinical specialist in adult psychiatric and 97.34 mental health nursing by a national nurse certification 97.35 organization or who has a master's degree in nursing or one of 97.36 the behavioral sciences or related fields from an accredited 98.1 college or university or its equivalent, with at least 4,000 98.2 hours of post-master's supervised experience in the delivery of 98.3 clinical services in the treatment of mental illness; 98.4 (3) in clinical social work, a person licensed as an 98.5 independent clinical social worker undersection 148B.21,98.6subdivision 6chapter 148D, or a person with a master's degree 98.7 in social work from an accredited college or university, with at 98.8 least 4,000 hours of post-master's supervised experience in the 98.9 delivery of clinical services in the treatment of mental 98.10 illness; 98.11 (4) in psychology, an individual licensed by the Board of 98.12 Psychology under sections 148.88 to 148.98, who has stated to 98.13 the Board of Psychology competencies in the diagnosis and 98.14 treatment of mental illness; 98.15 (5) in psychiatry, a physician licensed under chapter 147 98.16 and certified by the American Board of Psychiatry and Neurology 98.17 or eligible for board certification in psychiatry; and 98.18 (6) in marriage and family therapy, the mental health 98.19 professional must be a marriage and family therapist licensed 98.20 under sections 148B.29 to 148B.39, with at least two years of 98.21 post-master's supervised experience in the delivery of clinical 98.22 services in the treatment of mental illness. 98.23 Sec. 11. Minnesota Statutes 2004, section 319B.02, 98.24 subdivision 19, is amended to read: 98.25 Subd. 19. [PROFESSIONAL SERVICES.] "Professional services" 98.26 means services of the type required or permitted to be furnished 98.27 by a professional under a license, registration, or certificate 98.28 issued by the state of Minnesota to practice medicine and 98.29 surgery under sections 147.01 to 147.22, as a physician 98.30 assistant pursuant to sections 147A.01 to 147A.27, chiropractic 98.31 under sections 148.01 to 148.105, registered nursing under 98.32 sections 148.171 to 148.285, optometry under sections 148.52 to 98.33 148.62, psychology under sections 148.88 to 148.98, social work 98.34 undersections 148B.18 to 148B.289chapter 148D, dentistry and 98.35 dental hygiene under sections 150A.01 to 150A.12, pharmacy under 98.36 sections 151.01 to 151.40, podiatric medicine under sections 99.1 153.01 to 153.25, veterinary medicine under sections 156.001 to 99.2 156.14, architecture, engineering, surveying, landscape 99.3 architecture, geoscience, and certified interior design under 99.4 sections 326.02 to 326.15, accountancy under chapter 326A, or 99.5 law under sections 481.01 to 481.17, or under a license or 99.6 certificate issued by another state under similar laws. 99.7 Professional services includes services of the type required to 99.8 be furnished by a professional pursuant to a license or other 99.9 authority to practice law under the laws of a foreign nation. 99.10 Sec. 12. Minnesota Statutes 2004, section 319B.40, is 99.11 amended to read: 99.12 319B.40 [PROFESSIONAL HEALTH SERVICES.] 99.13 (a) Individuals who furnish professional services pursuant 99.14 to a license, registration, or certificate issued by the state 99.15 of Minnesota to practice medicine pursuant to sections 147.01 to 99.16 147.22, as a physician assistant pursuant to sections 147A.01 to 99.17 147A.27, chiropractic pursuant to sections 148.01 to 148.106, 99.18 registered nursing pursuant to sections 148.171 to 148.285, 99.19 optometry pursuant to sections 148.52 to 148.62, psychology 99.20 pursuant to sections 148.88 to 148.98, social work pursuant to 99.21sections 148B.18 to 148B.289chapter 148D, dentistry pursuant to 99.22 sections 150A.01 to 150A.12, pharmacy pursuant to sections 99.23 151.01 to 151.40, or podiatric medicine pursuant to sections 99.24 153.01 to 153.26 are specifically authorized to practice any of 99.25 these categories of services in combination if the individuals 99.26 are organized under this chapter. 99.27 (b) This authorization does not authorize an individual to 99.28 practice any profession, or furnish a professional service, for 99.29 which the individual is not licensed, registered, or certified, 99.30 but otherwise applies regardless of any contrary provision of a 99.31 licensing statute or rules adopted pursuant to that statute, 99.32 related to practicing and organizing in combination with other 99.33 health services professionals. 99.34 Sec. 13. [EFFECTIVE DATE.] 99.35 This article is effective January 1, 2006. 99.36 ARTICLE 3 100.1 PHYSICAL THERAPISTS 100.2 Section 1. Minnesota Statutes 2004, section 148.65, is 100.3 amended by adding a subdivision to read: 100.4 Subd. 3. [PHYSICAL THERAPIST ASSISTANT.] "Physical 100.5 therapist assistant" means a graduate of a physical therapist 100.6 assistant educational program accredited by the Commission on 100.7 Accreditation in Physical Therapy Education (CAPTE) or a 100.8 recognized comparable national accrediting agency approved by 100.9 the board. The physical therapist assistant, under the 100.10 direction and supervision of the physical therapist, performs 100.11 physical therapy interventions and assists with coordination, 100.12 communication, and documentation; and patient-client-related 100.13 instruction. The physical therapist is not required to be 100.14 on-site except as required under Minnesota Rules, part 100.15 5601.1500, but must be easily available by telecommunications. 100.16 Sec. 2. Minnesota Statutes 2004, section 148.65, is 100.17 amended by adding a subdivision to read: 100.18 Subd. 4. [PHYSICAL THERAPY AIDE.] "Physical therapy aide" 100.19 means a person, working under the direct supervision of a 100.20 physical therapist, who is not a physical therapist assistant as 100.21 defined in subdivision 3, who performs tasks as provided under 100.22 Minnesota Rules, part 5601.1400. 100.23 Sec. 3. Minnesota Statutes 2004, section 148.65, is 100.24 amended by adding a subdivision to read: 100.25 Subd. 5. [STUDENT PHYSICAL THERAPIST.] "Student physical 100.26 therapist" means a person in a professional educational program, 100.27 approved by the board under section 148.705, who is satisfying 100.28 supervised clinical education requirements by performing 100.29 physical therapy under the on-site supervision of a licensed 100.30 physical therapist. "On-site supervision" means the physical 100.31 therapist is easily available for instruction to the student 100.32 physical therapist. The physical therapist shall have direct 100.33 contact with the patient during at least every second treatment 100.34 session by the student physical therapist. Telecommunications, 100.35 except within the facility, does not meet the requirement of 100.36 on-site supervision. 101.1 Sec. 4. Minnesota Statutes 2004, section 148.65, is 101.2 amended by adding a subdivision to read: 101.3 Subd. 6. [STUDENT PHYSICAL THERAPIST ASSISTANT.] "Student 101.4 physical therapist assistant" means a person in a physical 101.5 therapist assistant educational program accredited by the 101.6 Commission on Accreditation in Physical Therapy Education 101.7 (CAPTE) or a recognized comparable national accrediting agency 101.8 approved by the board. The student physical therapist 101.9 assistant, under the direct supervision of the physical 101.10 therapist, or the direct supervision of the physical therapist 101.11 and physical therapist assistant, performs physical therapy 101.12 interventions and assists with coordination, communication, 101.13 documentation, and patient-client-related instruction. "Direct 101.14 supervision" means the physical therapist is physically present 101.15 and immediately available to provide instruction to the student 101.16 physical therapist assistant. 101.17 Sec. 5. Minnesota Statutes 2004, section 148.65, is 101.18 amended by adding a subdivision to read: 101.19 Subd. 7. [SUPPORTIVE PERSONNEL.] "Supportive personnel" 101.20 means a physical therapist assistant and a physical therapy aide. 101.21 Sec. 6. Minnesota Statutes 2004, section 148.706, is 101.22 amended to read: 101.23 148.706 [SUPERVISION OF ASSISTANTSAND, AIDES, AND 101.24 STUDENTS.] 101.25 Every physical therapist who uses the services ofana 101.26 physical therapist assistant or physical therapy aide for the 101.27 purpose of assisting in the practice of physical therapy is 101.28 responsible for functions performed by the assistant or aide 101.29 while engaged in such assistance. The physical therapist shall 101.30permit the assistant or aide to perform only those functions101.31which the therapist is authorized by rule to delegate to a101.32physical therapist assistant or assign to a physical therapy101.33aide and shall provide supervision as specifieddelegate duties 101.34 to the physical therapist assistant and assign tasks to the 101.35 physical therapy aide in accordance with Minnesota Rules, part 101.36 5601.1400. Physical therapists who instruct student physical 102.1 therapists and student physical therapist assistants are 102.2 responsible for the functions performed by the students and 102.3 shall supervise the students as provided under section 148.65, 102.4 subdivisions 5 and 6. 102.5 Sec. 7. [148.735] [CANCELLATION OF LICENSE IN GOOD 102.6 STANDING.] 102.7 Subdivision 1. [BOARD APPROVAL; REPORTING.] A physical 102.8 therapist holding an active license to practice physical therapy 102.9 in the state may, upon approval of the board, be granted license 102.10 cancellation if the board is not investigating the person as a 102.11 result of a complaint or information received or if the board 102.12 has not begun disciplinary proceedings against the person. Such 102.13 action by the board shall be reported as a cancellation of a 102.14 license in good standing. 102.15 Subd. 2. [FEES NONREFUNDABLE.] A physical therapist who 102.16 receives board approval for license cancellation is not entitled 102.17 to a refund of any license fees paid for the licensure year in 102.18 which cancellation of the license occurred. 102.19 Subd. 3. [NEW LICENSE AFTER CANCELLATION.] If a physical 102.20 therapist who has been granted board approval for license 102.21 cancellation desires to resume the practice of physical therapy 102.22 in Minnesota, that physical therapist must obtain a new license 102.23 by applying for licensure and fulfilling the requirements then 102.24 in existence for obtaining an initial license to practice 102.25 physical therapy in Minnesota. 102.26 Sec. 8. [148.736] [CANCELLATION OF CREDENTIALS UNDER 102.27 DISCIPLINARY ORDER.] 102.28 Subdivision 1. [BOARD APPROVAL; REPORTING.] A physical 102.29 therapist, whose right to practice is under suspension, 102.30 condition, limitation, qualification, or restriction by the 102.31 board may be granted cancellation of credentials by approval of 102.32 the board. Such action by the board shall be reported as 102.33 cancellation while under discipline. Credentials, for purposes 102.34 of this section, means board authorized documentation of the 102.35 privilege to practice physical therapy. 102.36 Subd. 2. [FEES NONREFUNDABLE.] A physical therapist who 103.1 receives board approval for credential cancellation is not 103.2 entitled to a refund of any fees paid for the credentialing year 103.3 in which cancellation of the credential occurred. 103.4 Subd. 3. [NEW CREDENTIAL AFTER CANCELLATION.] If a 103.5 physical therapist who has been granted board approval for 103.6 credential cancellation desires to resume the practice of 103.7 physical therapy in Minnesota, that physical therapist must 103.8 obtain a new credential by applying to the board and fulfilling 103.9 the requirements then in existence for obtaining an initial 103.10 credential to practice physical therapy in Minnesota. 103.11 Sec. 9. [148.737] [CANCELLATION OF LICENSE FOR 103.12 NONRENEWAL.] 103.13 The Board of Physical Therapy shall not renew, reissue, 103.14 reinstate, or restore a license that has lapsed on or after 103.15 January 1, 2006, and has not been renewed within two annual 103.16 license renewal cycles starting January 1, 2008. A licensee 103.17 whose license is canceled for nonrenewal must obtain a new 103.18 license by applying for licensure and fulfilling all 103.19 requirements then in existence for an initial license to 103.20 practice physical therapy in Minnesota. 103.21 Sec. 10. Minnesota Statutes 2004, section 148.75, is 103.22 amended to read: 103.23 148.75 [LICENSES; DENIAL, SUSPENSION, REVOCATION.] 103.24 (a) The state Board of Physical Therapy may refuse to grant 103.25 a license to any physical therapist, or may suspend or revoke 103.26 the license of any physical therapist for any of the following 103.27 grounds: 103.28 (1) using drugs or intoxicating liquors to an extent which 103.29 affects professional competence; 103.30 (2) conviction of a felony; 103.31 (3) conviction for violating any state or federal narcotic 103.32 law; 103.33 (4) obtaining a license or attempting to obtain a license 103.34 by fraud or deception; 103.35 (5) conduct unbecoming a person licensed as a physical 103.36 therapist or conduct detrimental to the best interests of the 104.1 public; 104.2 (6) gross negligence in the practice of physical therapy as 104.3 a physical therapist; 104.4 (7) treating human ailments by physical therapy after an 104.5 initial 30-day period of patient admittance to treatment has 104.6 lapsed, except by the order or referral of a person licensed in 104.7 this state in the practice of medicine as defined in section 104.8 147.081, the practice of chiropractic as defined in section 104.9 148.01, the practice of podiatry as defined in section 153.01, 104.10 or the practice of dentistry as defined in section 150A.05 and 104.11 whose license is in good standing; or when a previous diagnosis 104.12 exists indicating an ongoing condition warranting physical 104.13 therapy treatment, subject to periodic review defined by board 104.14 of physical therapy rule; 104.15 (8) treating human ailments, without referral, by physical 104.16 therapy treatment without first having practiced one year under 104.17 a physician's orders as verified by the board's records; 104.18 (9) failing to consult with the patient's health care 104.19 provider who prescribed the physical therapy treatment if the 104.20 treatment is altered by the physical therapist from the original 104.21 written order. The provision does not include written orders to 104.22 "evaluate and treat"; 104.23 (10) treating human ailments other than by physical therapy 104.24 unless duly licensed or registered to do so under the laws of 104.25 this state; 104.26 (11) inappropriate delegation to a physical therapist 104.27 assistant or inappropriate task assignment to an aide or 104.28 inadequate supervision ofeither level of supportive personnela 104.29 student physical therapist, physical therapist assistant, 104.30 student physical therapist assistant, or a physical therapy 104.31 aide; 104.32 (12) practicing as a physical therapist performing medical 104.33 diagnosis, the practice of medicine as defined in section 104.34 147.081, or the practice of chiropractic as defined in section 104.35 148.01; 104.36 (13) failing to comply with a reasonable request to obtain 105.1 appropriate clearance for mental or physical conditions that 105.2 would interfere with the ability to practice physical therapy, 105.3 and that may be potentially harmful to patients; 105.4 (14) dividing fees with, or paying or promising to pay a 105.5 commission or part of the fee to, any person who contacts the 105.6 physical therapist for consultation or sends patients to the 105.7 physical therapist for treatment; 105.8 (15) engaging in an incentive payment arrangement, other 105.9 than that prohibited by clause (14), that tends to promote 105.10 physical therapy overuse, that allows the referring person or 105.11 person who controls the availability of physical therapy 105.12 services to a client to profit unreasonably as a result of 105.13 patient treatment; 105.14 (16) practicing physical therapy and failing to refer to a 105.15 licensed health care professional a patient whose medical 105.16 condition at the time of evaluation has been determined by the 105.17 physical therapist to be beyond the scope of practice of a 105.18 physical therapist;and105.19 (17) failing to report to the board other licensed physical 105.20 therapists who violate this section; and 105.21 (18) practice of physical therapy under lapsed or 105.22 nonrenewed credentials. 105.23 (b) A license to practice as a physical therapist is 105.24 suspended if (1) a guardian of the physical therapist is 105.25 appointed by order of a court pursuant to sections 524.5-101 to 105.26 524.5-502, for reasons other than the minority of the physical 105.27 therapist; or (2) the physical therapist is committed by order 105.28 of a court pursuant to chapter 253B. The license remains 105.29 suspended until the physical therapist is restored to capacity 105.30 by a court and, upon petition by the physical therapist, the 105.31 suspension is terminated by the Board of Physical Therapy after 105.32 a hearing. 105.33 Sec. 11. [148.754] [EXAMINATION; ACCESS TO MEDICAL DATA.] 105.34 (a) If the board has probable cause to believe that a 105.35 physical therapist comes under section 148.75, paragraph (a), it 105.36 may direct the physical therapist to submit to a mental or 106.1 physical examination. For the purpose of this paragraph, every 106.2 physical therapist is deemed to have consented to submit to a 106.3 mental or physical examination when directed in writing by the 106.4 board and further to have waived all objections to the 106.5 admissibility of the examining physicians' testimony or 106.6 examination reports on the ground that they constitute a 106.7 privileged communication. Failure of the physical therapist to 106.8 submit to an examination when directed constitutes an admission 106.9 of the allegations against the person, unless the failure was 106.10 due to circumstances beyond the person's control, in which case 106.11 a default and final order may be entered without the taking of 106.12 testimony or presentation of evidence. A physical therapist 106.13 affected under this paragraph shall, at reasonable intervals, be 106.14 given an opportunity to demonstrate that the person can resume 106.15 the competent practice of physical therapy with reasonable skill 106.16 and safety to the public. 106.17 (b) In any proceeding under paragraph (a), neither the 106.18 record of proceedings nor the orders entered by the board shall 106.19 be used against a physical therapist in any other proceeding. 106.20 (c) In addition to ordering a physical or mental 106.21 examination, the board may, notwithstanding section 13.384, 106.22 144.651, or any other law limiting access to medical or other 106.23 health data, obtain medical data and health records relating to 106.24 a physical therapist or applicant without the person's or 106.25 applicant's consent if the board has probable cause to believe 106.26 that a physical therapist comes under paragraph (a). The 106.27 medical data may be requested from a provider, as defined in 106.28 section 144.335, subdivision 1, paragraph (b), an insurance 106.29 company, or a government agency, including the Department of 106.30 Human Services. A provider, insurance company, or government 106.31 agency shall comply with any written request of the board under 106.32 this paragraph and is not liable in any action for damages for 106.33 releasing the data requested by the board if the data are 106.34 released pursuant to a written request under this paragraph, 106.35 unless the information is false and the provider giving the 106.36 information knew, or had reason to believe, the information was 107.1 false. Information obtained under this paragraph is classified 107.2 as private under sections 13.01 to 13.87. 107.3 Sec. 12. [148.755] [TEMPORARY SUSPENSION OF LICENSE.] 107.4 In addition to any other remedy provided by law, the board 107.5 may, without a hearing, temporarily suspend the license of a 107.6 physical therapist if the board finds that the physical 107.7 therapist has violated a statute or rule which the board is 107.8 empowered to enforce and continued practice by the physical 107.9 therapist would create a serious risk of harm to the public. 107.10 The suspension shall take effect upon written notice to the 107.11 physical therapist, specifying the statute or rule violated. 107.12 The suspension shall remain in effect until the board issues a 107.13 final order in the matter after a hearing. At the time it 107.14 issues the suspension notice, the board shall schedule a 107.15 disciplinary hearing to be held pursuant to the Administrative 107.16 Procedure Act, chapter 14. The physical therapist shall be 107.17 provided with at least 20 days' notice of any hearing held 107.18 pursuant to this section. The hearing shall be scheduled to 107.19 begin no later than 30 days after the issuance of the suspension 107.20 order. 107.21 Sec. 13. [REPEALER.] 107.22 Minnesota Rules, part 5601.0100, subparts 3 and 4, are 107.23 repealed. 107.24 ARTICLE 4 107.25 DENTISTRY 107.26 Section 1. Minnesota Statutes 2004, section 150A.01, 107.27 subdivision 6a, is amended to read: 107.28 Subd. 6a. [FACULTY DENTIST.] "Faculty dentist" means a 107.29 person who is licensed to practice dentistry as a faculty member 107.30 of a school of dentistry, pursuant to section 150A.06, 107.31 subdivision 1a. 107.32 Sec. 2. Minnesota Statutes 2004, section 150A.06, 107.33 subdivision 1a, is amended to read: 107.34 Subd. 1a. [FACULTY DENTISTS.] (a) Faculty members of a 107.35 school of dentistry must be licensed in order to practice 107.36 dentistry as defined in section 150A.05. The board may issue to 108.1 members of the faculty of a school of dentistry a license 108.2 designated as either a "limited faculty license" or a "full 108.3 faculty license" entitling the holder to practice dentistry 108.4 within the terms described in paragraph (b) or (c). The dean of 108.5 a school of dentistry and program directors of a Minnesota 108.6 dental hygiene or dental assisting school accredited by the 108.7 Commission on Dental Accreditation of the American Dental 108.8 Association shall certify to the board those members of the 108.9 school's faculty who practice dentistry but are not licensed to 108.10 practice dentistry in Minnesota. A faculty member who practices 108.11 dentistry as defined in section 150A.05, before beginning duties 108.12 in a school of dentistry or a dental hygiene or dental assisting 108.13 school, shall apply to the board for a limited or full faculty 108.14 license.The license expires the next July 1 and may, at the108.15discretion of the board, be renewed on a yearly basis.Pursuant 108.16 to Minnesota Rules, chapter 3100, and at the discretion of the 108.17 board, a limited faculty license must be renewed annually and a 108.18 full faculty license must be renewed biennially. The faculty 108.19 applicant shall pay a nonrefundable fee set by the board for 108.20 issuing and renewing the faculty license. The faculty license 108.21 is valid during the time the holder remains a member of the 108.22 faculty of a school of dentistry or a dental hygiene or dental 108.23 assisting school and subjects the holder to this chapter. 108.24 (b) The board may issue to dentist members of the faculty 108.25 of a Minnesota school of dentistry, dental hygiene, or dental 108.26 assisting accredited by the Commission on Dental Accreditation 108.27 of the American Dental Association, a license designated as a 108.28 limited faculty license entitling the holder to practice 108.29 dentistry within the school and its affiliated teaching 108.30 facilities, but only for the purposes of teaching or conducting 108.31 research. The practice of dentistry at a school facility for 108.32 purposes other than teaching or research is not allowed unless 108.33 the dentist was a faculty member on August 1, 1993. 108.34 (c) The board may issue to dentist members of the faculty 108.35 of a Minnesota school of dentistry, dental hygiene, or dental 108.36 assisting accredited by the Commission on Dental Accreditation 109.1 of the American Dental Association a license designated as a 109.2 full faculty license entitling the holder to practice dentistry 109.3 within the school and its affiliated teaching facilities and 109.4 elsewhere if the holder of the license is employed 50 percent 109.5 time or more by the school in the practice of teaching or 109.6 research, and upon successful review by the board of the 109.7 applicant's qualifications as described in subdivisions 1, 1c, 109.8 and 4 and board rule. The board, at its discretion, may waive 109.9 specific licensing prerequisites. 109.10 Sec. 3. [150A.091] [FEES.] 109.11 Subdivision 1. [FEE REFUNDS.] No fee may be refunded for 109.12 any reason. 109.13 Subd. 2. [APPLICATION FEES.] Each applicant for licensure 109.14 or registration shall submit with a license or registration 109.15 application a nonrefundable fee in the following amounts in 109.16 order to administratively process an application: 109.17 (1) dentist, $140; 109.18 (2) limited faculty dentist, $140; 109.19 (3) resident dentist, $55; 109.20 (4) dental hygienist, $55; 109.21 (5) registered dental assistant, $35; and 109.22 (6) dental assistant with a limited registration, $15. 109.23 Subd. 3. [INITIAL LICENSE OR REGISTRATION FEES.] Along 109.24 with the application fee, each of the following licensees or 109.25 registrants shall submit a separate prorated initial license or 109.26 registration fee. The prorated initial fee shall be established 109.27 by the board based on the number of months of the licensee's or 109.28 registrant's initial term as described in Minnesota Rules, part 109.29 3100.1700, subpart 1a, not to exceed the following monthly fee 109.30 amounts: 109.31 (1) dentist, $14 times the number of months of the initial 109.32 term; 109.33 (2) dental hygienist, $5 times the number of months of the 109.34 initial term; 109.35 (3) registered dental assistant, $3 times the number of 109.36 months of initial term; and 110.1 (4) dental assistant with a limited registration, $1 times 110.2 the number of months of the initial term. 110.3 Subd. 4. [ANNUAL LICENSE FEES.] Each limited faculty or 110.4 resident dentist shall submit with an annual license renewal 110.5 application a fee established by the board not to exceed the 110.6 following amounts: 110.7 (1) limited faculty dentist, $168; and 110.8 (2) resident dentist, $59. 110.9 Subd. 5. [BIENNIAL LICENSE OR REGISTRATION FEES.] Each of 110.10 the following licensees or registrants shall submit with a 110.11 biennial license or registration renewal application a fee as 110.12 established by the board, not to exceed the following amounts: 110.13 (1) dentist, $336; 110.14 (2) dental hygienist, $118; 110.15 (3) registered dental assistant, $80; and 110.16 (4) dental assistant with a limited registration, $24. 110.17 Subd. 6. [ANNUAL LICENSE LATE FEE.] Applications for 110.18 renewal of any license received after the time specified in 110.19 Minnesota Rules, part 3100.1750, must be assessed a late fee 110.20 equal to 50 percent of the annual renewal fee. 110.21 Subd. 7. [BIENNIAL LICENSE OR REGISTRATION LATE 110.22 FEE.] Applications for renewal of any license or registration 110.23 received after the time specified in Minnesota Rules, part 110.24 3100.1700, must be assessed a late fee equal to 25 percent of 110.25 the biennial renewal fee. 110.26 Subd. 8. [DUPLICATE LICENSE OR REGISTRATION FEE.] Each 110.27 licensee or registrant shall submit, with a request for issuance 110.28 of a duplicate of the original license or registration, or of an 110.29 annual or biennial renewal of it, a fee in the following amounts: 110.30 (1) original dentist or dental hygiene license, $35; and 110.31 (2) initial and renewal registration certificates and 110.32 license renewal certificates, $10. 110.33 Subd. 9. [LICENSURE AND REGISTRATION BY CREDENTIALS.] Each 110.34 applicant for licensure as a dentist or dental hygienist or for 110.35 registration as a registered dental assistant by credentials 110.36 pursuant to section 150A.06, subdivisions 4 and 8, and Minnesota 111.1 Rules, part 3100.1400, shall submit with the license or 111.2 registration application a fee in the following amounts: 111.3 (1) dentist, $725; 111.4 (2) dental hygienist, $175; and 111.5 (3) registered dental assistant, $35. 111.6 Subd. 10. [REINSTATEMENT FEE.] No dentist, dental 111.7 hygienist, or registered dental assistant whose license or 111.8 registration has been suspended or revoked may have the license 111.9 or registration reinstated or a new license or registration 111.10 issued until a fee has been submitted to the board in the 111.11 following amounts: 111.12 (1) dentist, $140; 111.13 (2) dental hygienist, $55; and 111.14 (3) registered dental assistant, $35. 111.15 Subd. 11. [CERTIFICATE APPLICATION FEE FOR 111.16 ANESTHESIA/SEDATION.] Each dentist shall submit with a general 111.17 anesthesia or conscious sedation application a fee as 111.18 established by the board not to exceed the following amounts: 111.19 (1) for both a general anesthesia and conscious sedation 111.20 application, $50; 111.21 (2) for a general anesthesia application only, $50; and 111.22 (3) for a conscious sedation application only, $50. 111.23 Subd. 12. [DUPLICATE CERTIFICATE FEE FOR 111.24 ANESTHESIA/SEDATION.] Each dentist shall submit with a request 111.25 for issuance of a duplicate of the original general anesthesia 111.26 or conscious sedation certificate a fee in the amount of $10. 111.27 Subd. 13. [ON-SITE INSPECTION FEE.] An on-site inspection 111.28 fee must be paid to the individual, organization, or agency 111.29 conducting the inspection and be limited to a maximum fee as 111.30 determined by the board. Travel, lodging, and other expenses 111.31 are not part of the on-site inspection fee. 111.32 Subd. 14. [AFFIDAVIT OF LICENSURE.] Each licensee or 111.33 registrant shall submit with a request for an affidavit of 111.34 licensure a fee in the amount of $10. 111.35 Subd. 15. [VERIFICATION OF LICENSURE.] Each institution or 111.36 corporation shall submit with a request for verification of a 112.1 license or registration a fee in the amount of $5 for each 112.2 license or registration to be verified. 112.3 [EFFECTIVE DATE.] Subdivisions 11 and 12 are effective 112.4 ........ 112.5 ARTICLE 5 112.6 PHYSICIAN ASSISTANTS 112.7 Section 1. Minnesota Statutes 2004, section 147A.18, 112.8 subdivision 1, is amended to read: 112.9 Subdivision 1. [DELEGATION.] (a) A supervising physician 112.10 may delegate to a physician assistant who is registered with the 112.11 board, certified by the National Commission on Certification of 112.12 Physician Assistants or successor agency approved by the board, 112.13 and who is under the supervising physician's supervision, the 112.14 authority to prescribe, dispense, and administer legend drugs, 112.15 medical devices, and controlled substances subject to the 112.16 requirements in this section. The authority to dispense 112.17 includes, but is not limited to, the authority to request, 112.18 receive, and dispense sample drugs. This authority to dispense 112.19 extends only to those drugs described in the written agreement 112.20 developed under paragraph (b). 112.21 (b) The agreement between the physician assistant and 112.22 supervising physician and any alternate supervising physicians 112.23 must include a statement by the supervising physician regarding 112.24 delegation or nondelegation of the functions of prescribing, 112.25 dispensing, and administering of legend drugs and medical 112.26 devices to the physician assistant. The statement must include 112.27 a protocol indicating categories of drugs for which the 112.28 supervising physician delegates prescriptive and dispensing 112.29 authority. The delegation must be appropriate to the physician 112.30 assistant's practice and within the scope of the physician 112.31 assistant's training. Physician assistants who have been 112.32 delegated the authority to prescribe, dispense, and administer 112.33 legend drugs and medical devices shall provide evidence of 112.34 current certification by the National Commission on 112.35 Certification of Physician Assistants or its successor agency 112.36 when registering or reregistering as physician assistants. 113.1 Physician assistants who have been delegated the authority to 113.2 prescribe controlled substances must present evidence of the 113.3 certification and hold a valid DEA certificate. Supervising 113.4 physicians shall retrospectively review the prescribing, 113.5 dispensing, and administering of legend and controlled drugs and 113.6 medical devices by physician assistants, when this authority has 113.7 been delegated to the physician assistant as part of the 113.8 delegation agreement between the physician and the physician 113.9 assistant. This review must take placeat least weeklyas 113.10 outlined in the internal protocol. The process and schedule for 113.11 the review must be outlined in the delegation agreement. 113.12 (c) The board may establish by rule: 113.13 (1) a system of identifying physician assistants eligible 113.14 to prescribe, administer, and dispense legend drugs and medical 113.15 devices; 113.16 (2) a system of identifying physician assistants eligible 113.17 to prescribe, administer, and dispense controlled substances; 113.18 (3) a method of determining the categories of legend and 113.19 controlled drugs and medical devices that each physician 113.20 assistant is allowed to prescribe, administer, and dispense; and 113.21 (4) a system of transmitting to pharmacies a listing of 113.22 physician assistants eligible to prescribe legend and controlled 113.23 drugs and medical devices. 113.24 Sec. 2. Minnesota Statutes 2004, section 147A.18, 113.25 subdivision 3, is amended to read: 113.26 Subd. 3. [OTHER REQUIREMENTS AND RESTRICTIONS.] (a) The 113.27 supervising physician and the physician assistant must complete, 113.28 sign, and date an internal protocol which lists each category of 113.29 drug or medical device, or controlled substance the physician 113.30 assistant may prescribe, dispense, and administer. The 113.31 supervising physician and physician assistant shall submit the 113.32 internal protocol to the board upon request. The supervising 113.33 physician may amend the internal protocol as necessary, within 113.34 the limits of the completed delegation form in subdivision 5. 113.35 The supervising physician and physician assistant must sign and 113.36 date any amendments to the internal protocol. Any amendments 114.1 resulting in a change to an addition or deletion to categories 114.2 delegated in the delegation form in subdivision 5 must be 114.3 submitted to the board according to this chapter, along with the 114.4 fee required. 114.5 (b) The supervising physician and physician assistant shall 114.6 review delegation of prescribing, dispensing, and administering 114.7 authority on an annual basis at the time of reregistration. The 114.8 internal protocol must be signed and dated by the supervising 114.9 physician and physician assistant after review. Any amendments 114.10 to the internal protocol resulting in changes to the delegation 114.11 form in subdivision 5 must be submitted to the board according 114.12 to this chapter, along with the fee required. 114.13 (c) Each prescription initiated by a physician assistant 114.14 shall indicate the following: 114.15 (1) the date of issue; 114.16 (2) the name and address of the patient; 114.17 (3) the name and quantity of the drug prescribed; 114.18 (4) directions for use; and 114.19 (5) the name,and address, and telephone numberof the 114.20 prescribing physician assistantand of the physician serving as114.21supervisor. 114.22 (d) In prescribing, dispensing, and administering legend 114.23 drugs and medical devices, including controlled substances as 114.24 defined in section 152.01, subdivision 4, a physician assistant 114.25 must conform with the agreement, chapter 151, and this chapter. 114.26 ARTICLE 6 114.27 RESPIRATORY THERAPISTS 114.28 Section 1. Minnesota Statutes 2004, section 147C.05, is 114.29 amended to read: 114.30 147C.05 [SCOPE OF PRACTICE.] 114.31 (a) The practice of respiratory care by a registered 114.32 respiratory care practitioner includes, but is not limited to, 114.33 the following services: 114.34 (1) providing and monitoring therapeutic administration of 114.35 medical gases, aerosols, humidification, and pharmacological 114.36 agents related to respiratory care procedures, but not including 115.1 administration of general anesthesia; 115.2 (2) carrying out therapeutic application and monitoring of 115.3 mechanical ventilatory support; 115.4 (3) providing cardiopulmonary resuscitation and maintenance 115.5 of natural airways and insertion and maintenance of artificial 115.6 airways; 115.7 (4) assessing and monitoring signs, symptoms, and general 115.8 behavior relating to, and general physical response to, 115.9 respiratory care treatment or evaluation for treatment and 115.10 diagnostic testing, including determination of whether the 115.11 signs, symptoms, reactions, behavior, or general response 115.12 exhibit abnormal characteristics; 115.13 (5) obtaining physiological specimens and interpreting 115.14 physiological data including: 115.15 (i) analyzing arterial and venous blood gases; 115.16 (ii) assessing respiratory secretions; 115.17 (iii) measuring ventilatory volumes, pressures, and flows; 115.18 (iv) testing pulmonary function; 115.19 (v) testing and studying the cardiopulmonary system; and 115.20 (vi) diagnostic testing of breathing patterns related to 115.21 sleep disorders; 115.22 (6) assisting hemodynamic monitoring and support of the 115.23 cardiopulmonary system; 115.24 (7) assessing and making suggestions for modifications in 115.25 the treatment regimen based on abnormalities, protocols, or 115.26 changes in patient response to respiratory care treatment; 115.27 (8) providing cardiopulmonary rehabilitation including 115.28 respiratory-care related educational components, postural 115.29 drainage, chest physiotherapy, breathing exercises, aerosolized 115.30 administration of medications, and equipment use and 115.31 maintenance; 115.32 (9) instructing patients and their families in techniques 115.33 for the prevention, alleviation, and rehabilitation of 115.34 deficiencies, abnormalities, and diseases of the cardiopulmonary 115.35 system; and 115.36 (10) transcribing and implementing physician orders for 116.1 respiratory care services. 116.2 (b) Patient service by a practitioner must be limited to: 116.3 (1) services within the training and experience of the 116.4 practitioner; and 116.5 (2) services within the parameters of the laws, rules, and 116.6 standards of the facilities in which the respiratory care 116.7 practitioner practices. 116.8 (c) Respiratory care services provided by a registered 116.9 respiratory care practitioner, whether delivered in a health 116.10 care facility or the patient's residence, must not be provided 116.11 except upon referral from a physician. 116.12 (d) This section does not prohibit an individual licensed 116.13 or registered as a respiratory therapist in another state or 116.14 country from providing respiratory care in an emergency in this 116.15 state, providing respiratory care as a member of an organ 116.16 harvesting team, or from providing respiratory care on board an 116.17 ambulance as part of an ambulance treatment team. 116.18 ARTICLE 7 116.19 LICENSED PROFESSIONAL COUNSELORS, 116.20 ALCOHOL AND DRUG COUNSELORS 116.21 Section 1. Minnesota Statutes 2004, section 148B.53, 116.22 subdivision 1, is amended to read: 116.23 Subdivision 1. [GENERAL REQUIREMENTS.] (a) To be licensed 116.24 as a licensed professional counselor (LPC), an applicant must 116.25 provide evidence satisfactory to the board that the applicant: 116.26 (1) is at least 18 years of age; 116.27 (2) is of good moral character; 116.28 (3) has completed a master's or doctoral degree program in 116.29 counseling or a related field, as determined by the board based 116.30 on the criteria in paragraph (b), that includes a minimum of 48 116.31 semester hours or 72 quarter hours and a supervised field 116.32 experience of not fewer than 700 hours that is counseling in 116.33 nature; 116.34 (4) has submitted to the board a plan for supervision 116.35 during the first 2,000 hours of professional practice or has 116.36 submitted proof of supervised professional practice that is 117.1 acceptable to the board; and 117.2 (5) has demonstrated competence in professional counseling 117.3 by passing the National Counseling Exam (NCE) administered by 117.4 the National Board for Certified Counselors, Inc. (NBCC) 117.5including obtaining a passing score on the examination accepted117.6by the board based on the determinations made by the NBCCor an 117.7 equivalent national examination as determined by the board, and 117.8 ethical, oral, and situational examinations if prescribed by the 117.9 board. 117.10 (b) The degree described in paragraph (a), clause (3), must 117.11 be from a counseling program recognized by the Council for 117.12 Accreditation of Counseling and Related Education Programs 117.13 (CACREP) or from an institution of higher education that is 117.14 accredited by a regional accrediting organization recognized by 117.15 the Council for Higher Education Accreditation (CHEA). Except 117.16 as provided in paragraph (e), specific academic course content 117.17 and training mustmeet standards established by the CACREP,117.18includinginclude course work in each of the following subject 117.19 areas: 117.20 (1) the helping relationship, including counseling theory 117.21 and practice; 117.22 (2) human growth and development; 117.23 (3) lifestyle and career development; 117.24 (4) group dynamics, processes, counseling, and consulting; 117.25 (5) assessment and appraisal; 117.26 (6) social and cultural foundations, including 117.27 multicultural issues; 117.28 (7) principles of etiology, treatment planning, and 117.29 prevention of mental and emotional disorders and dysfunctional 117.30 behavior; 117.31 (8) family counseling and therapy; 117.32 (9) research and evaluation; and 117.33 (10) professional counseling orientation and ethics. 117.34 (c) To be licensed as a professional counselor, a 117.35 psychological practitioner licensed under section 148.908 need 117.36 only show evidence of licensure under that section and is not 118.1 required to comply with paragraph (a), clauses (1) to (3) and 118.2 (5), or paragraph (b). 118.3 (d) To be licensed as a professional counselor, a Minnesota 118.4 licensed psychologist need only show evidence of licensure from 118.5 the Minnesota Board of Psychology and is not required to comply 118.6 with paragraph (a) or (b). 118.7 (e) If the degree described in paragraph (a), clause (3), 118.8 is from a counseling program recognized by the Council for 118.9 Accreditation of Counseling and Related Education Programs 118.10 (CACREP), the applicant is deemed to have met the specific 118.11 course work requirements of paragraph (b). 118.12 Sec. 2. Minnesota Statutes 2004, section 148B.53, 118.13 subdivision 3, is amended to read: 118.14 Subd. 3. [FEE.]Each applicant shall pay a118.15 Nonrefundablefeefees are as follows: 118.16 (1) initial license application fee for licensed 118.17 professional counseling (LPC) - $250; 118.18 (2) annual active license renewal fee for LPC - $200 or 118.19 equivalent; 118.20 (3) annual inactive license renewal fee for LPC - $100; 118.21 (4) license renewal late fee - $100 per month or portion 118.22 thereof; 118.23 (5) copy of board order or stipulation - $10; 118.24 (6) certificate of good standing or license verification - 118.25 $10; 118.26 (7) duplicate certificate fee - $10; 118.27 (8) professional firm renewal fee - $25; 118.28 (9) initial registration fee - $50; and 118.29 (10) annual registration renewal fee - $25. 118.30 Sec. 3. [148B.531] [POSTDEGREE COMPLETION OF DEGREE 118.31 REQUIREMENTS FOR LICENSURE.] 118.32 An individual whose degree upon which licensure is to be 118.33 based included less than 48 semester hours or 72 quarter hours, 118.34 who did not complete 700 hours of supervised professional 118.35 practice as part of the degree program, or who did not complete 118.36 course work in all of the content areas required by section 119.1 148B.53, subdivision 1, paragraph (b), may complete these 119.2 requirements postdegree, in order to obtain licensure, if: 119.3 (1) all course work and field experiences are completed 119.4 through an institution of higher education that is accredited by 119.5 a regional accrediting organization recognized by the Council 119.6 for Higher Education Accreditation (CHEA) or through a 119.7 counseling program recognized by the Council for Accreditation 119.8 of Counseling and Related Education Programs (CACREP); 119.9 (2) all course work and field experiences are taken and 119.10 passed for credit; and 119.11 (3) no more than 20 semester credits or 30 quarter credits 119.12 are completed postdegree for purposes of licensure unless the 119.13 credits are earned as part of an organized sequence of study. 119.14 Sec. 4. Minnesota Statutes 2004, section 148B.54, 119.15 subdivision 2, is amended to read: 119.16 Subd. 2. [CONTINUING EDUCATION.] At the completion of the 119.17 firsttwofour years of licensure, a licensee must provide 119.18 evidence satisfactory to the board of completion of 12 119.19 additional postgraduate semester credit hours or its equivalent 119.20 in counseling as determined by the board, except that no 119.21 licensee shall be required to show evidence of greater than 60 119.22 semester hours or its equivalent. Thereafter, at the time of 119.23 renewal, each licensee shall provide evidence satisfactory to 119.24 the board that the licensee has completed during each two-year 119.25 period at least the equivalent of 40 clock hours of professional 119.26 postdegree continuing education in programs approved by the 119.27 board and continues to be qualified to practice under sections 119.28 148B.50 to 148B.593. 119.29 Sec. 5. [148B.555] [EXPERIENCED COUNSELOR TRANSITION.] 119.30 (a) An applicant for licensure who, prior to December 31, 119.31 2003, completed a master's or doctoral degree program in 119.32 counseling or a related field, as determined by the board, and 119.33 whose degree was from a counseling program recognized by the 119.34 Council for Accreditation of Counseling and Related Education 119.35 Programs (CACREP) or from an institution of higher education 119.36 that is accredited by a regional accrediting organization 120.1 recognized by the Council for Higher Education Accreditation 120.2 (CHEA), need not comply with the requirements of section 120.3 148B.53, subdivision 1, paragraph (a), clause (3), or (b), so 120.4 long as the applicant can document five years of full-time 120.5 postdegree work experience within the practice of professional 120.6 counseling as defined under section 148B.50, subdivisions 4 and 120.7 5. 120.8 (b) This section expires July 1, 2007. 120.9 Sec. 6. [148B.561] [RETALIATORY PROVISIONS.] 120.10 If by the laws of any state or the rulings or decisions of 120.11 the appropriate officers or boards thereof, any burden, 120.12 obligation, requirement, disqualification, or disability is put 120.13 upon licensed professional counselors licensed and in good 120.14 standing in this state, affecting the right of these licensed 120.15 professional counselors to be registered or licensed in that 120.16 state, then the same or like burden, obligation, requirement, 120.17 disqualification, or disability may be put upon the licensure in 120.18 this state of licensed professional counselors registered in 120.19 that state. 120.20 Sec. 7. Minnesota Statutes 2004, section 148B.59, is 120.21 amended to read: 120.22 148B.59 [GROUNDS FOR DISCIPLINARY ACTION; FORMS OF 120.23 DISCIPLINARY ACTION; RESTORATION OF LICENSE.] 120.24 (a) The board may impose disciplinary action as described 120.25 in paragraph (b) against an applicant or licensee whom the 120.26 board, by a preponderance of the evidence, determines: 120.27 (1) has violated a statute, rule, or order that the board 120.28 issued or is empowered to enforce; 120.29 (2) has engaged in fraudulent, deceptive, or dishonest 120.30 conduct, whether or not the conduct relates to the practice of 120.31 licensed professional counseling, that adversely affects the 120.32 person's ability or fitness to practice professional counseling; 120.33 (3) has engaged in unprofessional conduct or any other 120.34 conduct which has the potential for causing harm to the public, 120.35 including any departure from or failure to conform to the 120.36 minimum standards of acceptable and prevailing practice without 121.1 actual injury having to be established; 121.2 (4) has been convicted of or has pled guilty or nolo 121.3 contendere to a felony or other crime, an element of which is 121.4 dishonesty or fraud, or has been shown to have engaged in acts 121.5 or practices tending to show that the applicant or licensee is 121.6 incompetent or has engaged in conduct reflecting adversely on 121.7 the applicant's or licensee's ability or fitness to engage in 121.8 the practice of professional counseling; 121.9 (5) has employed fraud or deception in obtaining or 121.10 renewing a license, or in passing an examination; 121.11 (6) has had any counseling license, certificate, 121.12 registration, privilege to take an examination, or other similar 121.13 authority denied, revoked, suspended, canceled, limited, or not 121.14 renewed for cause in any jurisdiction or has surrendered or 121.15 voluntarily terminated a license or certificate during a board 121.16 investigation of a complaint, as part of a disciplinary order, 121.17 or while under a disciplinary order; 121.18 (7) has failed to meet any requirement for the issuance or 121.19 renewal of the person's license. The burden of proof is on the 121.20 applicant or licensee to demonstrate the qualifications or 121.21 satisfy the requirements for a license under the Licensed 121.22 Professional Counseling Act; 121.23 (8) has failed to cooperate with an investigation of the 121.24 board; 121.25 (9) has demonstrated an inability to practice professional 121.26 counseling with reasonable skill and safety to clients due to 121.27 any mental or physical illness or condition; 121.28 (10) has engaged in fee splitting. This clause does not 121.29 apply to the distribution of revenues from a partnership, group 121.30 practice, nonprofit corporation, or professional corporation to 121.31 its partners, shareholders, members, or employees if the 121.32 revenues consist only of fees for services performed by the 121.33 licensee or under a licensee's administrative authority. Fee 121.34 splitting includes, but is not limited to: 121.35 (i) dividing fees with another person or a professional 121.36 corporation, unless the division is in proportion to the 122.1 services provided and the responsibility assumed by each 122.2 professional;and122.3 (ii) referring a client to any health care provider as 122.4 defined in section 144.335 in which the referring licensee has a 122.5 significant financial interest, unless the licensee has 122.6 disclosed in advance to the client the licensee's own financial 122.7 interest;orand 122.8 (iii) paying, offering to pay, receiving, or agreeing to 122.9 receive a commission, rebate, or remuneration, directly or 122.10 indirectly, primarily for the referral of clients; 122.11 (11) has engaged in conduct with apatientclient that is 122.12 sexual or may reasonably be interpreted by thepatientclient as 122.13 sexual, or in any verbal behavior that is seductive or sexually 122.14 demeaning to apatientclient; 122.15 (12) has been subject to a corrective action or similar 122.16 action in another jurisdiction or by another regulatory 122.17 authority; or 122.18 (13) has been adjudicated as mentally incompetent, mentally 122.19 ill, or mentally retarded or as a chemically dependent person, a 122.20 person dangerous to the public, a sexually dangerous person, or 122.21 a person who has a sexual psychopathic personality by a court of 122.22 competent jurisdiction within this state or an equivalent 122.23 adjudication from another state. Adjudication automatically 122.24 suspends a license for the duration thereof unless the board 122.25 orders otherwise. 122.26 (b) If grounds for disciplinary action exist under 122.27 paragraph (a), the board may take one or more of the following 122.28 actions: 122.29 (1) refuse to grant or renew a license; 122.30 (2) revoke a license; 122.31 (3) suspend a license; 122.32 (4) impose limitations or conditions on a licensee's 122.33 practice of professional counseling, including, but not limited 122.34 to, limiting the scope of practice to designated competencies, 122.35 imposing retraining or rehabilitation requirements, requiring 122.36 the licensee to practice under supervision, or conditioning 123.1 continued practice on the demonstration of knowledge or skill by 123.2 appropriate examination or other review of skill and competence; 123.3 (5) censure or reprimand the licensee; 123.4 (6) refuse to permit an applicant to take the licensure 123.5 examination or refuse to release an applicant's examination 123.6 grade if the board finds that it is in the public interest; or 123.7 (7) impose a civil penalty not exceeding $10,000 for each 123.8 separate violation, the amount of the civil penalty to be fixed 123.9 so as to deprive the applicant or licensee of any economic 123.10 advantage gained by reason of the violation charged, to 123.11 discourage similar violations or to reimburse the board for the 123.12 cost of the investigation and proceeding, including, but not 123.13 limited to, fees paid for services provided by the Office of 123.14 Administrative Hearings, legal and investigative services 123.15 provided by the Office of the Attorney General, court reporters, 123.16 witnesses, reproduction of records, board members' per diem 123.17 compensation, board staff time, and travel costs and expenses 123.18 incurred by board staff and board members. 123.19 (c) In lieu of or in addition to paragraph (b), the board 123.20 may require, as a condition of continued licensure, termination 123.21 of suspension, reinstatement of license, examination, or release 123.22 of examination grades, that the applicant or licensee: 123.23 (1) submit to a quality review, as specified by the board, 123.24 of the applicant's or licensee's ability, skills, or quality of 123.25 work; and 123.26 (2) complete to the satisfaction of the board educational 123.27 courses specified by the board. 123.28 The board may also refer a licensee, if appropriate, to the 123.29 health professionals services program described in sections 123.30 214.31 to 214.37. 123.31 (d) Service of the order is effective if the order is 123.32 served on the applicant, licensee, or counsel of record 123.33 personally or by mail to the most recent address provided to the 123.34 board for the licensee, applicant, or counsel of record. The 123.35 order shall state the reasons for the entry of the order. 123.36 Sec. 8. [148B.5901] [TEMPORARY SUSPENSION OF LICENSE.] 124.1 (a) In addition to any other remedy provided by law, the 124.2 board may issue an order to temporarily suspend the credentials 124.3 of a licensee after conducting a preliminary inquiry to 124.4 determine if the board reasonably believes that the licensee has 124.5 violated a statute or rule that the board is empowered to 124.6 enforce and whether continued practice by the licensee would 124.7 create an imminent risk of harm to others. 124.8 (b) The order may prohibit the licensee from engaging in 124.9 the practice of licensed professional counseling in whole or in 124.10 part and may condition the end of a suspension on the licensee's 124.11 compliance with a statute, rule, or order that the board has 124.12 issued or is empowered to enforce. 124.13 (c) The order shall give notice of the right to a hearing 124.14 according to this subdivision and shall state the reasons for 124.15 the entry of the order. 124.16 (d) Service of the order is effective when the order is 124.17 served on the licensee personally or by certified mail, which is 124.18 complete upon receipt, refusal, or return for nondelivery to the 124.19 most recent address provided to the board for the licensee. 124.20 (e) At the time the board issues a temporary suspension 124.21 order, the board shall schedule a hearing to be held before its 124.22 own members. The hearing shall begin no later than 60 days 124.23 after issuance of the temporary suspension order or within 15 124.24 working days of the date of the board's receipt of a request for 124.25 hearing by a licensee, on the sole issue of whether there is a 124.26 reasonable basis to continue, modify, or lift the temporary 124.27 suspension. The hearing is not subject to chapter 14. Evidence 124.28 presented by the board or the licensee shall be in affidavit 124.29 form only. The licensee or counsel of record may appear for 124.30 oral argument. 124.31 (f) Within five working days of the hearing, the board 124.32 shall issue its order and, if the suspension is continued, 124.33 schedule a contested case hearing within 30 days of the issuance 124.34 of the order. Notwithstanding chapter 14, the administrative 124.35 law judge shall issue a report within 30 days after closing the 124.36 contested case hearing record. The board shall issue a final 125.1 order within 30 days of receipt of the administrative law 125.2 judge's report. 125.3 Sec. 9. [148B.5905] [MENTAL, PHYSICAL, OR CHEMICAL 125.4 DEPENDENCY EXAMINATION OR EVALUATION; ACCESS TO MEDICAL DATA.] 125.5 (a) If the board has probable cause to believe section 125.6 148B.59, paragraph (a), clause (9), applies to a licensee or 125.7 applicant, the board may direct the person to submit to a 125.8 mental, physical, or chemical dependency examination or 125.9 evaluation. For the purpose of this section, every licensee and 125.10 applicant is deemed to have consented to submit to a mental, 125.11 physical, or chemical dependency examination or evaluation when 125.12 directed in writing by the board and to have waived all 125.13 objections to the admissibility of the examining professionals' 125.14 testimony or examination reports on the grounds that the 125.15 testimony or examination reports constitute a privileged 125.16 communication. Failure of a licensee or applicant to submit to 125.17 an examination when directed by the board constitutes an 125.18 admission of the allegations against the person, unless the 125.19 failure was due to circumstances beyond the person's control, in 125.20 which case a default and final order may be entered without the 125.21 taking of testimony or presentation of evidence. A licensee or 125.22 applicant affected under this paragraph shall at reasonable 125.23 intervals be given an opportunity to demonstrate that the person 125.24 can resume the competent practice of licensed professional 125.25 counseling with reasonable skill and safety to the public. In 125.26 any proceeding under this paragraph, neither the record of 125.27 proceedings nor the orders entered by the board shall be used 125.28 against a licensee or applicant in any other proceeding. 125.29 (b) In addition to ordering a physical or mental 125.30 examination, the board may, notwithstanding section 13.384, 125.31 144.651, or any other law limiting access to medical or other 125.32 health data, obtain medical data and health records relating to 125.33 a licensee or applicant without the licensee's or applicant's 125.34 consent if the board has probable cause to believe that section 125.35 148B.59, paragraph (a), clause (9), applies to the licensee or 125.36 applicant. The medical data may be requested from a provider, 126.1 as defined in section 144.335, subdivision 1, paragraph (b); an 126.2 insurance company; or a government agency, including the 126.3 Department of Human Services. A provider, insurance company, or 126.4 government agency shall comply with any written request of the 126.5 board under this subdivision and is not liable in any action for 126.6 damages for releasing the data requested by the board if the 126.7 data are released pursuant to a written request under this 126.8 subdivision, unless the information is false and the provider 126.9 giving the information knew, or had reason to believe, the 126.10 information was false. Information obtained under this 126.11 subdivision is classified as private under sections 13.01 to 126.12 13.87. 126.13 Sec. 10. [148B.5925] [ASSESSMENT TOOL SECURITY.] 126.14 Notwithstanding section 144.335, subdivision 2, paragraphs 126.15 (a) and (b), a provider shall not be required to provide copies 126.16 of assessment tools, assessment tool materials, or scoring keys 126.17 to any individual who has completed an assessment tool or to an 126.18 individual not qualified to administer, score, and interpret the 126.19 assessment tool, if the provider reasonably determines that 126.20 access would compromise the objectivity, fairness, or integrity 126.21 of the assessment process for the individual or others. If the 126.22 provider makes this determination, the provider shall, at the 126.23 discretion of the individual who has completed the assessment 126.24 tool, release the information either to another provider who is 126.25 qualified to administer, score, and interpret the assessment 126.26 tool or furnish a summary of the assessment tool results to the 126.27 individual or to a third party designated by the individual. 126.28 Sec. 11. Minnesota Statutes 2004, section 148C.03, 126.29 subdivision 1, is amended to read: 126.30 Subdivision 1. [GENERAL.] The commissioner shall, after126.31consultation with the advisory council or a committee126.32established by rule: 126.33 (a) adopt and enforce rules for licensure of alcohol and 126.34 drug counselors, including establishing standards and methods of 126.35 determining whether applicants and licensees are qualified under 126.36 section 148C.04. The rules must provide for examinations and 127.1 establish standards for the regulation of professional conduct. 127.2 The rules must be designed to protect the public; 127.3 (b)develop and, at least twice a year, administer an127.4examination to assess applicants' knowledge and skills. The127.5commissioner may contract for the administration of an127.6examination with an entity designated by the commissioner. The127.7examinations must be psychometrically valid and reliable; must127.8be written and oral, with the oral examination based on a127.9written case presentation; must minimize cultural bias; and must127.10be balanced in various theories relative to the practice of127.11alcohol and drug counseling;127.12(c)issue licenses to individuals qualified under sections 127.13 148C.01 to 148C.11; 127.14(d)(c) issue copies of the rules for licensure to all 127.15 applicants; 127.16(e)(d) adopt rules to establish and implement procedures, 127.17 including a standard disciplinary process and rules of 127.18 professional conduct; 127.19(f)(e) carry out disciplinary actions against licensees; 127.20(g)(f) establish, with the advice and recommendations of127.21the advisory council,written internal operating procedures for 127.22 receiving and investigating complaints and for taking 127.23 disciplinary actions as appropriate; 127.24(h)(g) educate the public about the existence and content 127.25 of the rules for alcohol and drug counselor licensing to enable 127.26 consumers to file complaints against licensees who may have 127.27 violated the rules; 127.28(i)(h) evaluate the rules in order to refine and improve 127.29 the methods used to enforce the commissioner's standards; and 127.30(j)(i) collect license fees for alcohol and drug 127.31 counselors. 127.32 Sec. 12. Minnesota Statutes 2004, section 148C.04, 127.33 subdivision 3, is amended to read: 127.34 Subd. 3. [REQUIREMENTS FOR LICENSURE BEFORE JULY 1, 2008.] 127.35 An applicant for a license must furnish evidence satisfactory to 127.36 the commissioner that the applicant has met all the requirements 128.1 in clauses (1) to (3). The applicant must have: 128.2 (1) received an associate degree, or an equivalent number 128.3 of credit hours, and a certificate in alcohol and drug 128.4 counseling, including 18 semester credits or 270 clock hours of 128.5 academic course work in accordance with subdivision 5a, 128.6 paragraph (a), from an accredited school or educational program 128.7 and 880 clock hours of supervised alcohol and drug counseling 128.8 practicum; 128.9 (2) completed one of the following: 128.10 (i) a written case presentation and satisfactorily passed 128.11 an oral examinationestablished by the commissionerthat 128.12 demonstrates competence in the core functions as determined by 128.13 the board; or 128.14 (ii) satisfactorily completed 2,000 hours of supervised 128.15 postdegree equivalent professional practice according to 128.16 subdivision 5b; and 128.17 (3) satisfactorily passedawrittenexamination as128.18established by the commissionerexaminations for licensure as 128.19 determined by the board. 128.20 Sec. 13. Minnesota Statutes 2004, section 148C.04, 128.21 subdivision 4, is amended to read: 128.22 Subd. 4. [REQUIREMENTS FOR LICENSURE AFTER JULY 1, 2008.] 128.23 An applicant for a license must submit evidence to the 128.24 commissioner that the applicant has met one of the following 128.25 requirements: 128.26 (1) the applicant must have: 128.27 (i) received a bachelor's degree from an accredited school 128.28 or educational program, including 18 semester credits or 270 128.29 clock hours of academic course work in accordance with 128.30 subdivision 5a, paragraph (a), from an accredited school or 128.31 educational program and 880 clock hours of supervised alcohol 128.32 and drug counseling practicum; 128.33 (ii) completed a written case presentation and 128.34 satisfactorily passed an oral examinationestablished by the128.35commissionerthat demonstrates competence in the core functions 128.36 as determined by the board, submitted to the board a plan for 129.1 supervision during the first 2,000 hours of professional 129.2 practice, or submitted proof of supervised professional practice 129.3 that is acceptable to the board; and 129.4 (iii) satisfactorily passedawrittenexamination as129.5established by the commissionerexaminations for licensure 129.6 determined by the board; or 129.7 (2) the applicant must meet the requirements of section 129.8 148C.07. 129.9 Sec. 14. Minnesota Statutes 2004, section 148C.04, is 129.10 amended by adding a subdivision to read: 129.11 Subd. 5b. [SUPERVISED POSTDEGREE PROFESSIONAL PRACTICE.] 129.12 (a) For the purpose of meeting the requirements of this 129.13 subdivision, "supervision" means documented interactive 129.14 consultation, which, subject to the limitations in paragraph 129.15 (d), clause (2), may be conducted in person, by telephone, or by 129.16 audio or audiovisual electronic device, with a supervisor as 129.17 defined in paragraph (c). The supervision shall be adequate to 129.18 ensure the quality and competence of the activities supervised. 129.19 Supervisory consultation shall include discussions on the nature 129.20 and content of the practice of the supervisee, including, but 129.21 not limited to, a review of a representative sample of 129.22 counseling services in the supervisee's practice. 129.23 (b) "Postdegree professional practice" means required 129.24 postdegree paid or volunteer work experience and training that 129.25 involves the professional oversight by a supervisor approved by 129.26 the board and that satisfies the supervision requirements in 129.27 paragraph (d). 129.28 (c) For purposes of this subdivision, the supervisor shall: 129.29 (1) be a licensed alcohol and drug counselor or other 129.30 qualified professional as determined by the board; 129.31 (2) have four years of experience in providing alcohol and 129.32 drug counseling; 129.33 (3) have received a minimum of 12 hours of training in 129.34 clinical and ethical supervision, which may include graduate 129.35 course work, continuing education courses, workshops, or a 129.36 combination thereof; and 130.1 (4) supervise no more than three persons in postdegree 130.2 professional practice. 130.3 (d) (1) The content of supervision must include: 130.4 (i) knowledge, skills, values, and ethics with specific 130.5 application to the practice issues faced by the supervisee, 130.6 including the core functions under section 148C.01, subdivision 130.7 9; 130.8 (ii) the standards of practice and ethical conduct, with 130.9 particular emphasis given to the counselor's role and 130.10 appropriate responsibilities, professional boundaries, and power 130.11 dynamics; and 130.12 (iii) the supervisee's permissible scope of practice, as 130.13 defined in section 148C.01, subdivision 10. 130.14 (2) The supervision shall be obtained at the rate of one 130.15 hour of supervision per 40 hours of professional practice, for a 130.16 total of 50 hours of supervision. The supervision must be 130.17 evenly distributed over the course of the supervised 130.18 professional practice. At least 75 percent of the required 130.19 supervision hours must be received in person. The remaining 25 130.20 percent of the required hours may be received by telephone, or 130.21 by audio or audiovisual electronic device. At least 50 percent 130.22 of the required hours of supervision must be received on an 130.23 individual basis. The remaining 50 percent may be received in a 130.24 group setting. 130.25 (3) The supervision shall be completed in no fewer than 12 130.26 consecutive months and no more than 36 consecutive months. 130.27 (4) The applicant shall include, with an application for 130.28 licensure, verification of completion of the 2,000 hours of 130.29 supervised professional practice. Verification shall be on a 130.30 form specified by the board. The supervisor or supervisors 130.31 shall verify that the supervisee has completed the required 130.32 hours of supervision in accordance with this subdivision. The 130.33 supervised practice required under this subdivision shall be 130.34 unacceptable if the supervisor attests that the supervisee's 130.35 performance, competence, or adherence to the standards of 130.36 practice and ethical conduct has been unsatisfactory. 131.1 Sec. 15. Minnesota Statutes 2004, section 148C.04, 131.2 subdivision 6, is amended to read: 131.3 Subd. 6. [TEMPORARY PERMIT REQUIREMENTS.] (a) The 131.4 commissioner shall issue a temporary permit to practice alcohol 131.5 and drug counseling prior to being licensed under this chapter 131.6 if the person: 131.7 (1) either: 131.8 (i) submits verification of a current and unrestricted 131.9 credential for the practice of alcohol and drug counseling from 131.10 a national certification body or a certification or licensing 131.11 body from another state, United States territory, or federally 131.12 recognized tribal authority; 131.13 (ii) submits verification of the completion of at least 64 131.14 semester credits, including 270 clock hours or 18 semester 131.15 credits of formal classroom education in alcohol and drug 131.16 counseling and at least 880 clock hours of alcohol and drug 131.17 counseling practicum from an accredited school or educational 131.18 program; 131.19 (iii) applies to renew a lapsed license according to the 131.20 requirements of section 148C.055, subdivision 3, clauses (1) and 131.21 (2), or section 148C.055, subdivision 4, clauses (1) and (2); or 131.22 (iv) meets the requirements of section 148C.11, subdivision 131.23 1, paragraph (c), or 6, clauses (1), (2), and (5); 131.24 (2) applies, in writing, on an application form provided by 131.25 the commissioner, which includes the nonrefundable temporary 131.26 permit fee as specified in section 148C.12 and an affirmation by 131.27 the person's supervisor, as defined in paragraph (c), clause 131.28 (1), which is signed and dated by the person and the person's 131.29 supervisor; and 131.30 (3) has not been disqualified to practice temporarily on 131.31 the basis of a background investigation under section 148C.09, 131.32 subdivision 1a. 131.33 (b) The commissioner must notify the person in writing 131.34 within 90 days from the date the completed application and all 131.35 required information is received by the commissioner whether the 131.36 person is qualified to practice under this subdivision. 132.1 (c) A person practicing under this subdivision: 132.2 (1) may practice under tribal jurisdiction or under the 132.3 direct supervision of a person who is licensed under this 132.4 chapter; 132.5 (2) is subject to the Rules of Professional Conduct set by 132.6 rule; and 132.7 (3) is not subject to the continuing education requirements 132.8 of section 148C.075. 132.9 (d) A person practicing under this subdivision must use the 132.10 title or description stating or implying that the person is a 132.11 trainee engaged in the practice of alcohol and drug counseling. 132.12 (e) A person practicing under this subdivision must 132.13 annually submit a renewal application on forms provided by the 132.14 commissioner with the renewal fee required in section 148C.12, 132.15 subdivision 3, and the commissioner may renew the temporary 132.16 permit if the trainee meets the requirements of this 132.17 subdivision. A trainee may renew a practice permit no more than 132.18 five times. 132.19 (f) A temporary permit expires if not renewed, upon a 132.20 change of employment of the trainee or upon a change in 132.21 supervision, or upon the granting or denial by the commissioner 132.22 of a license. 132.23 Sec. 16. Minnesota Statutes 2004, section 148C.091, 132.24 subdivision 1, is amended to read: 132.25 Subdivision 1. [FORMS OF DISCIPLINARY ACTION.] When the 132.26 commissioner finds that an applicant or a licensed alcohol and 132.27 drug counselor has violated a provision or provisions of 132.28 sections 148C.01 to 148C.11, or rules promulgated under this 132.29 chapter, the commissioner may take one or more of the following 132.30 actions: 132.31 (1) refuse to grant a license; 132.32 (2) revoke the license; 132.33 (3) suspend the license; 132.34 (4) impose limitations or conditions; 132.35 (5) impose a civil penalty not exceeding $10,000 for each 132.36 separate violation, the amount of the civil penalty to be fixed 133.1 so as to deprive the counselor of any economic advantage gained 133.2 by reason of the violation charged or to reimburse the 133.3 commissioner for all costs of the investigation and proceeding; 133.4 including, but not limited to, the amount paid by the 133.5 commissioner for services from the Office of Administrative 133.6 Hearings, attorney fees, court reports, witnesses, reproduction 133.7 of records,advisory council members' per diem compensation,133.8 staff time, and expense incurred byadvisory council members and133.9 staff of the department; 133.10 (6) order the counselor to provide uncompensated 133.11 professional service under supervision at a designated public 133.12 hospital, clinic, or other health care institution; 133.13 (7) censure or reprimand the counselor; or 133.14 (8) any other action justified by the case. 133.15 Sec. 17. Minnesota Statutes 2004, section 148C.10, 133.16 subdivision 2, is amended to read: 133.17 Subd. 2. [USE OF TITLES.] No person shall present 133.18 themselves or any other individual to the public by any title 133.19 incorporating the words "licensed alcohol and drug counselor" or 133.20 otherwise hold themselves out to the public by any title or 133.21 description stating or implying that they are licensed or 133.22 otherwise qualified to practice alcohol and drug counseling 133.23 unless that individual holds a valid license. Persons issued a 133.24 temporary permit must use titles consistent with section 133.25 148C.04, subdivision 6, paragraph(c)(d). 133.26 Sec. 18. Minnesota Statutes 2004, section 148C.11, 133.27 subdivision 1, is amended to read: 133.28 Subdivision 1. [OTHER PROFESSIONALS.] (a) Nothing in this 133.29 chapter prevents members of other professions or occupations 133.30 from performing functions for which they are qualified or 133.31 licensed. This exception includes, but is not limited to,: 133.32 licensed physicians,; registered nurses,; licensed practical 133.33 nurses,; licensed psychological practitioners,; members of the 133.34 clergy,; American Indian medicine men and women,; licensed 133.35 attorneys,; probation officers,; licensed marriage and family 133.36 therapists,; licensed social workers,; social workers employed 134.1 by city, county, or state agencies; licensed professional 134.2 counselors,; licensed school counselors,; registered 134.3 occupational therapists or occupational therapy assistants,; 134.4 city, county, or state employees when providing assessments or 134.5 case management under Minnesota Rules, chapter 9530; and until 134.6 July 1, 2005, individuals providing integrated dual-diagnosis 134.7 treatment in adult mental health rehabilitative programs 134.8 certified by the Department of Human Services under section 134.9 256B.0622 or 256B.0623. 134.10 (b) Nothing in this chapter prohibits technicians and 134.11 resident managers in programs licensed by the Department of 134.12 Human Services from discharging their duties as provided in 134.13 Minnesota Rules, chapter 9530. 134.14 (c) Any person who is exempt under thissectionsubdivision 134.15 but who elects to obtain a license under this chapter is subject 134.16 to this chapter to the same extent as other licensees. The 134.17 commissioner shall issue a license without examination to an 134.18 applicant who is licensed or registered in a profession 134.19 identified in paragraph (a) if the applicant: 134.20 (1) shows evidence of current licensure or registration; 134.21 and 134.22 (2) has submitted to the commissioner a plan for 134.23 supervision during the first 2,000 hours of professional 134.24 practice or has submitted proof of supervised professional 134.25 practice that is acceptable to the commissioner. 134.26 (d)These personsAny person who is exempt from licensure 134.27 under this section must not, however,use a title incorporating 134.28 the words "alcohol and drug counselor" or "licensed alcohol and 134.29 drug counselor" or otherwise hold themselves out to the public 134.30 by any title or description stating or implying that they are 134.31 engaged in the practice of alcohol and drug counseling, or that 134.32 they are licensed to engage in the practice of alcohol and drug 134.33 counseling unless that person is also licensed as an alcohol and 134.34 drug counselor. Persons engaged in the practice of alcohol and 134.35 drug counseling are not exempt from the commissioner's 134.36 jurisdiction solely by the use of one of the above titles. 135.1 Sec. 19. Minnesota Statutes 2004, section 148C.11, 135.2 subdivision 4, is amended to read: 135.3 Subd. 4. [HOSPITAL ALCOHOL AND DRUG COUNSELORS.] Effective 135.4 January 1,20062007, hospitals employing alcohol and drug 135.5 counselors shall be required to employ licensed alcohol and drug 135.6 counselors. An alcohol or drug counselor employed by a hospital 135.7 must be licensed as an alcohol and drug counselor in accordance 135.8 with this chapter. 135.9 Sec. 20. Minnesota Statutes 2004, section 148C.11, 135.10 subdivision 5, is amended to read: 135.11 Subd. 5. [CITY, COUNTY, AND STATE AGENCY ALCOHOL AND DRUG 135.12 COUNSELORS.] Effective January 1,20062007, city, county, and 135.13 state agencies employing alcohol and drug counselors shall be 135.14 required to employ licensed alcohol and drug counselors. An 135.15 alcohol and drug counselor employed by a city, county, or state 135.16 agency must be licensed as an alcohol and drug counselor in 135.17 accordance with this chapter. 135.18 Sec. 21. Minnesota Statutes 2004, section 148C.11, 135.19 subdivision 6, is amended to read: 135.20 Subd. 6. [TRANSITION PERIOD FOR HOSPITAL AND CITY, COUNTY, 135.21 AND STATE AGENCY ALCOHOL AND DRUG COUNSELORS.] For the period 135.22 between July 1, 2003, and January 1,20062007, the commissioner 135.23 shall grant a license to an individual who is employed as an 135.24 alcohol and drug counselor at a Minnesota school district or 135.25 hospital, or a city, county, or state agency in Minnesota, if 135.26 the individual meets the requirements in section 148C.0351 and: 135.27 (1) was employed as an alcohol and drug counselor at a 135.28 school district, a hospital, or a city, county, or state agency 135.29 before August 1, 2002;(2)has 8,000 hours of alcohol and drug 135.30 counselor work experience;(3)has completed a written case 135.31 presentation and satisfactorily passed an oral examination 135.32 established by the commissioner;(4)and has satisfactorily 135.33 passed a written examination as established by the commissioner; 135.34and (5) meets the requirements in section 148C.0351or 135.35 (2) is credentialed as a board certified counselor (BCC) or 135.36 board certified counselor reciprocal (BCCR) by the Minnesota 136.1 Certification Board; or 136.2 (3) has 14,000 hours of supervised alcohol and drug 136.3 counselor work experience as documented by the employer. 136.4 Sec. 22. Minnesota Statutes 2004, section 148C.12, 136.5 subdivision 3, is amended to read: 136.6 Subd. 3. [TEMPORARY PERMIT FEE.] The initial fee for 136.7 applicants under section 148C.04, subdivision 6, paragraph (a), 136.8 is $100. The fee for annual renewal of a temporary permit 136.9 is$100$150, but when the first expiration date occurs in less 136.10 or more than one year, the fee must be prorated. 136.11 Sec. 23. [AUTHORIZATION FOR EXPEDITED RULEMAKING 136.12 AUTHORITY.] 136.13 The Board of Behavioral Health and Therapy may use the 136.14 expedited rulemaking process under Minnesota Statutes, section 136.15 14.389, for adopting and amending rules to conform with sections 136.16 1 to 14. 136.17 Sec. 24. [REPEALER.] 136.18 (a) Minnesota Statutes 2004, sections 148C.02 and 148C.12, 136.19 subdivision 4, are repealed. 136.20 (b) Minnesota Rules, parts 4747.0030, subparts 11 and 16; 136.21 4747.1200; and 4747.1300, are repealed. 136.22 Sec. 25. [EFFECTIVE DATE.] 136.23 Sections 1 to 24 are effective July 1, 2005. 136.24 ARTICLE 8 136.25 AUDIOLOGISTS, HEARING AID DISPENSERS 136.26 Section 1. Minnesota Statutes 2004, section 148.512, 136.27 subdivision 6, is amended to read: 136.28 Subd. 6. [AUDIOLOGIST.] "Audiologist" means a natural 136.29 person who engages in the practice of audiology, meets the 136.30 qualifications required by sections 148.511 to148.5196136.31 148.5198, and is licensed by the commissioner under a general, 136.32 clinical fellowship, doctoral externship, or temporary license. 136.33 Audiologist also means a natural person using any descriptive 136.34 word with the title audiologist. 136.35 Sec. 2. Minnesota Statutes 2004, section 148.512, is 136.36 amended by adding a subdivision to read: 137.1 Subd. 10a. [HEARING AID.] "Hearing aid" means an 137.2 instrument, or any of its parts, worn in the ear canal and 137.3 designed to or represented as being able to aid or enhance human 137.4 hearing. "Hearing aid" includes the aid's parts, attachments, 137.5 or accessories, including, but not limited to, ear molds and 137.6 behind the ear (BTE) devices with or without an ear mold. 137.7 Batteries and cords are not parts, attachments, or accessories 137.8 of a hearing aid. Surgically implanted hearing aids, and 137.9 assistive listening devices not worn within the ear canal, are 137.10 not hearing aids. 137.11 Sec. 3. Minnesota Statutes 2004, section 148.512, is 137.12 amended by adding a subdivision to read: 137.13 Subd. 10b. [HEARING AID DISPENSING.] "Hearing aid 137.14 dispensing" means making ear mold impressions, prescribing, or 137.15 recommending a hearing aid, assisting the consumer in aid 137.16 selection, selling hearing aids at retail, or testing human 137.17 hearing in connection with these activities regardless of 137.18 whether the person conducting these activities has a monetary 137.19 interest in the dispensing of hearing aids to the consumer. 137.20 Sec. 4. Minnesota Statutes 2004, section 148.513, is 137.21 amended by adding a subdivision to read: 137.22 Subd. 2a. [HEARING AID DISPENSERS.] An audiologist must 137.23 not hold out as a licensed hearing aid dispenser. 137.24 Sec. 5. Minnesota Statutes 2004, section 148.515, is 137.25 amended by adding a subdivision to read: 137.26 Subd. 6. [DISPENSING AUDIOLOGIST EXAMINATION 137.27 REQUIREMENTS.] (a) Audiologists are exempt from the written 137.28 examination requirement in section 153A.14, subdivision 2h, 137.29 paragraph (a), clause (1). 137.30 (b) After July 31, 2005, all applicants for audiologist 137.31 licensure under sections 148.512 to 148.5198 must achieve a 137.32 passing score on the practical tests of proficiency described in 137.33 section 153A.14, subdivision 2h, paragraph (a), clause (2), 137.34 within the time period described in section 153A.14, subdivision 137.35 2h, paragraph (c). 137.36 (c) In order to dispense hearing aids as a sole proprietor, 138.1 member of a partnership, or for a limited liability company, 138.2 corporation, or any other entity organized for profit, a 138.3 licensee who obtained audiologist licensure under sections 138.4 148.512 to 148.5198, before August 1, 2005, and who is not 138.5 certified to dispense hearing aids under chapter 153A, must 138.6 achieve a passing score on the practical tests of proficiency 138.7 described in section 153A.14, subdivision 2h, paragraph (a), 138.8 clause (2), within the time period described in section 153A.14, 138.9 subdivision 2h, paragraph (c). All other audiologist licensees 138.10 who obtained licensure before August 1, 2005, are exempt from 138.11 the practical tests. 138.12 Sec. 6. Minnesota Statutes 2004, section 148.5194, is 138.13 amended by adding a subdivision to read: 138.14 Subd. 7. [AUDIOLOGIST SURCHARGE FEE.] (a) The biennial 138.15 surcharge fee for audiologists is $235. The commissioner shall 138.16 prorate the fee for clinical fellowship, doctoral externship, 138.17 temporary, and first time licensees according to the number of 138.18 months that have elapsed between the date the license is issued 138.19 and the date the license expires or must be renewed under 138.20 section 148.5191, subdivision 4. 138.21 (b) Effective November 1, 2005, the commissioner shall 138.22 collect the $235 audiologist surcharge fee prorated according to 138.23 the number of months remaining until the next scheduled license 138.24 renewal. 138.25 Sec. 7. Minnesota Statutes 2004, section 148.5195, 138.26 subdivision 3, is amended to read: 138.27 Subd. 3. [GROUNDS FOR DISCIPLINARY ACTION BY 138.28 COMMISSIONER.] The commissioner may take any of the disciplinary 138.29 actions listed in subdivision 4 on proof that the individual has: 138.30 (1) intentionally submitted false or misleading information 138.31 to the commissioner or the advisory council; 138.32 (2) failed, within 30 days, to provide information in 138.33 response to a written request, via certified mail, by the 138.34 commissioner or advisory council; 138.35 (3) performed services of a speech-language pathologist or 138.36 audiologist in an incompetent or negligent manner; 139.1 (4) violated sections 148.511 to148.5196148.5198; 139.2 (5) failed to perform services with reasonable judgment, 139.3 skill, or safety due to the use of alcohol or drugs, or other 139.4 physical or mental impairment; 139.5 (6) violated any state or federal law, rule, or regulation, 139.6 and the violation is a felony or misdemeanor, an essential 139.7 element of which is dishonesty, or which relates directly or 139.8 indirectly to the practice of speech-language pathology or 139.9 audiology. Conviction for violating any state or federal law 139.10 which relates to speech-language pathology or audiology is 139.11 necessarily considered to constitute a violation, except as 139.12 provided in chapter 364; 139.13 (7) aided or abetted another person in violating any 139.14 provision of sections 148.511 to148.5196148.5198; 139.15 (8) been or is being disciplined by another jurisdiction, 139.16 if any of the grounds for the discipline is the same or 139.17 substantially equivalent to those under sections 148.511 to 139.18 148.5196; 139.19 (9) not cooperated with the commissioner or advisory 139.20 council in an investigation conducted according to subdivision 139.21 1; 139.22 (10) advertised in a manner that is false or misleading; 139.23 (11) engaged in conduct likely to deceive, defraud, or harm 139.24 the public; or demonstrated a willful or careless disregard for 139.25 the health, welfare, or safety of a client; 139.26 (12) failed to disclose to the consumer any fee splitting 139.27 or any promise to pay a portion of a fee to any other 139.28 professional other than a fee for services rendered by the other 139.29 professional to the client; 139.30 (13) engaged in abusive or fraudulent billing practices, 139.31 including violations of federal Medicare and Medicaid laws, Food 139.32 and Drug Administration regulations, or state medical assistance 139.33 laws; 139.34 (14) obtained money, property, or services from a consumer 139.35 through the use of undue influence, high pressure sales tactics, 139.36 harassment, duress, deception, or fraud; 140.1 (15) performed services for a client who had no possibility 140.2 of benefiting from the services; 140.3 (16) failed to refer a client for medical evaluation or to 140.4 other health care professionals when appropriate or when a 140.5 client indicated symptoms associated with diseases that could be 140.6 medically or surgically treated; 140.7 (17)if the individual is a dispenser of hearing140.8instruments as defined by section 153A.13, subdivision 5,had 140.9 the certification required by chapter 153A,denied, suspended, 140.10 or revoked according to chapter 153A; 140.11 (18) used the term doctor of audiology, doctor of 140.12 speech-language pathology, AuD, or SLPD without having obtained 140.13 the degree from an institution accredited by the North Central 140.14 Association of Colleges and Secondary Schools, the Council on 140.15 Academic Accreditation in Audiology and Speech-Language 140.16 Pathology, the United States Department of Education, or an 140.17 equivalent;or140.18 (19) failed to comply with the requirements of section 140.19 148.5192 regarding supervision of speech-language pathology 140.20 assistants.; or 140.21 (20) if the individual is an audiologist or certified 140.22 hearing aid dispenser: 140.23 (i) prescribed or otherwise recommended to a consumer or 140.24 potential consumer the use of a hearing aid, unless the 140.25 prescription from a physician or recommendation from an 140.26 audiologist or certified dispenser is in writing, is based on an 140.27 audiogram that is delivered to the consumer or potential 140.28 consumer when the prescription or recommendation is made, and 140.29 bears the following information in all capital letters of 140.30 12-point or larger boldface type: "THIS PRESCRIPTION OR 140.31 RECOMMENDATION MAY BE FILLED BY, AND HEARING AIDS MAY BE 140.32 PURCHASED FROM, THE LICENSED AUDIOLOGIST OR CERTIFIED DISPENSER 140.33 OF YOUR CHOICE"; 140.34 (ii) failed to give a copy of the audiogram, upon which the 140.35 prescription or recommendation is based, to the consumer when 140.36 the consumer requests a copy; 141.1 (iii) failed to provide the consumer rights brochure 141.2 required by section 148.5197, subdivision 3; 141.3 (iv) failed to comply with restrictions on sales of hearing 141.4 aids in sections 148.5197, subdivision 3, and 148.5198; 141.5 (v) failed to return a consumer's hearing aid used as a 141.6 trade-in or for a discount in the price of a new hearing aid 141.7 when requested by the consumer upon cancellation of the purchase 141.8 agreement; 141.9 (vi) failed to follow Food and Drug Administration or 141.10 Federal Trade Commission regulations relating to dispensing 141.11 hearing aids; 141.12 (vii) failed to dispense a hearing aid in a competent 141.13 manner or without appropriate training; 141.14 (viii) delegated hearing instrument dispensing authority to 141.15 a person not authorized to dispense a hearing instrument under 141.16 this chapter or chapter 153A; 141.17 (ix) failed to comply with the requirements of an employer 141.18 or supervisor of a hearing aid dispenser trainee; or 141.19 (x) violated a state or federal court order or judgment, 141.20 including a conciliation court judgment, relating to the 141.21 activities of the individual's hearing aid dispensing. 141.22 Sec. 8. Minnesota Statutes 2004, section 148.5196, 141.23 subdivision 1, is amended to read: 141.24 Subdivision 1. [MEMBERSHIP.] The commissioner shall 141.25 appointeight12 persons to a Speech-Language Pathologist and 141.26 Audiologist Advisory Council. Theeight12 persons must include: 141.27 (1)twothree public members, as defined in section 214.02. 141.28 Two of the public members shall be either persons receiving 141.29 services of a speech-language pathologist or audiologist, or 141.30 family members of or caregivers to such persons, and at least 141.31 one of the public members shall be either a hearing instrument 141.32 user or an advocate of one; 141.33 (2)twothree speech-language pathologists licensed under 141.34 sections 148.511 to 148.5196, one of whom is currently and has 141.35 been, for the five years immediately preceding the appointment, 141.36 engaged in the practice of speech-language pathology in 142.1 Minnesota and each of whom is employed in a different employment 142.2 setting including, but not limited to, private practice, 142.3 hospitals, rehabilitation settings, educational settings, and 142.4 government agencies; 142.5 (3) one speech-language pathologist licensed under sections 142.6 148.511 to 148.5196, who is currently and has been, for the five 142.7 years immediately preceding the appointment, employed by a 142.8 Minnesota public school district or a Minnesota public school 142.9 district consortium that is authorized by Minnesota Statutes and 142.10 who is licensed in speech-language pathology by the Minnesota 142.11 Board of Teaching; 142.12 (4)twothree audiologists licensed under sections 148.511 142.13 to 148.5196,onetwo of whomisare currently andhashave 142.14 been, for the five years immediately preceding the appointment, 142.15 engaged in the practice of audiology and the dispensing of 142.16 hearing instruments in Minnesota and each of whom is employed in 142.17 a different employment setting including, but not limited to, 142.18 private practice, hospitals, rehabilitation settings, 142.19 educational settings, industry, and government agencies;and142.20 (5) one nonaudiologist hearing instrument dispenser 142.21 recommended by a professional association representing hearing 142.22 instrument dispensers; and 142.23 (6) one physician licensed under chapter 147 and certified 142.24 by the American Board of Otolaryngology, Head and Neck Surgery. 142.25 Sec. 9. [148.5197] [HEARING AID DISPENSING.] 142.26 Subdivision 1. [CONTENT OF CONTRACTS.] Oral statements 142.27 made by an audiologist or certified dispenser regarding the 142.28 provision of warranties, refunds, and service on the hearing aid 142.29 or aids dispensed must be written on, and become part of, the 142.30 contract of sale, specify the item or items covered, and 142.31 indicate the person or business entity obligated to provide the 142.32 warranty, refund, or service. 142.33 Subd. 2. [REQUIRED USE OF LICENSE NUMBER.] The 142.34 audiologist's license number or certified dispenser's 142.35 certificate number must appear on all contracts, bills of sale, 142.36 and receipts used in the sale of hearing aids. 143.1 Subd. 3. [CONSUMER RIGHTS INFORMATION.] An audiologist or 143.2 certified dispenser shall, at the time of the recommendation or 143.3 prescription, give a consumer rights brochure, prepared by the 143.4 commissioner and containing information about legal requirements 143.5 pertaining to dispensing of hearing aids, to each potential 143.6 consumer of a hearing aid. The brochure must contain 143.7 information about the consumer information center described in 143.8 section 153A.18. A contract for a hearing aid must note the 143.9 receipt of the brochure by the consumer, along with the 143.10 consumer's signature or initials. 143.11 Subd. 4. [LIABILITY FOR CONTRACTS.] Owners of entities in 143.12 the business of dispensing hearing aids, employers of 143.13 audiologists or persons who dispense hearing aids, supervisors 143.14 of trainees or audiology students, and hearing aid dispensers 143.15 conducting the transaction at issue are liable for satisfying 143.16 all terms of contracts, written or oral, made by their agents, 143.17 employees, assignees, affiliates, or trainees, including terms 143.18 relating to products, repairs, warranties, service, and 143.19 refunds. The commissioner may enforce the terms of hearing aid 143.20 contracts against the principal, employer, supervisor, or 143.21 dispenser who conducted the transaction and may impose any 143.22 remedy provided for in this chapter. 143.23 Sec. 10. [148.5198] [RESTRICTION ON SALE OF HEARING AIDS.] 143.24 Subdivision 1. [45-CALENDAR-DAY GUARANTEE AND BUYER RIGHT 143.25 TO CANCEL.] (a) An audiologist or certified dispenser dispensing 143.26 a hearing aid in this state must comply with paragraphs (b) and 143.27 (c). 143.28 (b) The audiologist or certified dispenser must provide the 143.29 buyer with a 45-calendar-day written money-back guarantee. The 143.30 guarantee must permit the buyer to cancel the purchase for any 143.31 reason within 45 calendar days after receiving the hearing aid 143.32 by giving or mailing written notice of cancellation to the 143.33 audiologist or certified dispenser. If the buyer mails the 143.34 notice of cancellation, the 45-calendar-day period is counted 143.35 using the postmark date, to the date of receipt by the 143.36 audiologist or certified dispenser. If the hearing aid must be 144.1 repaired, remade, or adjusted during the 45-calendar-day 144.2 money-back guarantee period, the running of the 45-calendar-day 144.3 period is suspended one day for each 24-hour period that the 144.4 hearing aid is not in the buyer's possession. A repaired, 144.5 remade, or adjusted hearing aid must be claimed by the buyer 144.6 within three business days after notification of availability, 144.7 after which time the running of the 45-calendar-day period 144.8 resumes. The guarantee must entitle the buyer, upon 144.9 cancellation, to receive a refund of payment within 30 days of 144.10 return of the hearing aid to the audiologist or certified 144.11 dispenser. The audiologist or certified dispenser may retain as 144.12 a cancellation fee no more than $250 of the buyer's total 144.13 purchase price of the hearing aid. 144.14 (c) The audiologist or certified dispenser shall provide 144.15 the buyer with a contract written in plain English, that 144.16 contains uniform language and provisions that meet the 144.17 requirements under the Plain Language Contract Act, sections 144.18 325G.29 to 325G.36. The contract must include, but is not 144.19 limited to, the following: in immediate proximity to the space 144.20 reserved for the signature of the buyer, or on the first page if 144.21 there is no space reserved for the signature of the buyer, a 144.22 clear and conspicuous disclosure of the following specific 144.23 statement in all capital letters of no less than 12-point 144.24 boldface type: "MINNESOTA STATE LAW GIVES THE BUYER THE RIGHT 144.25 TO CANCEL THIS PURCHASE FOR ANY REASON AT ANY TIME PRIOR TO 144.26 MIDNIGHT OF THE 45TH CALENDAR DAY AFTER RECEIPT OF THE HEARING 144.27 AID(S). THIS CANCELLATION MUST BE IN WRITING AND MUST BE GIVEN 144.28 OR MAILED TO THE AUDIOLOGIST OR CERTIFIED DISPENSER. IF THE 144.29 BUYER DECIDES TO RETURN THE HEARING AID(S) WITHIN THIS 144.30 45-CALENDAR-DAY PERIOD, THE BUYER WILL RECEIVE A REFUND OF THE 144.31 TOTAL PURCHASE PRICE OF THE AID(S) FROM WHICH THE AUDIOLOGIST OR 144.32 CERTIFIED DISPENSER MAY RETAIN AS A CANCELLATION FEE NO MORE 144.33 THAN $250." 144.34 Subd. 2. [ITEMIZED REPAIR BILL.] Any audiologist, 144.35 certified dispenser, or company who agrees to repair a hearing 144.36 aid must provide the owner of the hearing aid, or the owner's 145.1 representative, with a bill that describes the repair and 145.2 services rendered. The bill must also include the repairing 145.3 audiologist's, certified dispenser's, or company's name, 145.4 address, and telephone number. 145.5 This subdivision does not apply to an audiologist, 145.6 certified dispenser, or company that repairs a hearing aid 145.7 pursuant to an express warranty covering the entire hearing aid 145.8 and the warranty covers the entire cost, both parts and labor, 145.9 of the repair. 145.10 Subd. 3. [REPAIR WARRANTY.] Any guarantee of hearing aid 145.11 repairs must be in writing and delivered to the owner of the 145.12 hearing aid, or the owner's representative, stating the 145.13 repairing audiologist's, certified dispenser's, or company's 145.14 name, address, telephone number, length of guarantee, model, and 145.15 serial number of the hearing aid and all other terms and 145.16 conditions of the guarantee. 145.17 Subd. 4. [MISDEMEANOR.] A person found to have violated 145.18 this section is guilty of a misdemeanor. 145.19 Subd. 5. [ADDITIONAL.] In addition to the penalty provided 145.20 in subdivision 4, a person found to have violated this section 145.21 is subject to the penalties and remedies provided in section 145.22 325F.69, subdivision 1. 145.23 Subd. 6. [ESTIMATES.] Upon the request of the owner of a 145.24 hearing aid or the owner's representative for a written estimate 145.25 and prior to the commencement of repairs, a repairing 145.26 audiologist, certified dispenser, or company shall provide the 145.27 customer with a written estimate of the price of repairs. If a 145.28 repairing audiologist, certified dispenser, or company provides 145.29 a written estimate of the price of repairs, it must not charge 145.30 more than the total price stated in the estimate for the 145.31 repairs. If the repairing audiologist, certified dispenser, or 145.32 company after commencing repairs determines that additional work 145.33 is necessary to accomplish repairs that are the subject of a 145.34 written estimate and if the repairing audiologist, certified 145.35 dispenser, or company did not unreasonably fail to disclose the 145.36 possible need for the additional work when the estimate was 146.1 made, the repairing audiologist, certified dispenser, or company 146.2 may charge more than the estimate for the repairs if the 146.3 repairing audiologist, certified dispenser, or company 146.4 immediately provides the owner or owner's representative a 146.5 revised written estimate pursuant to this section and receives 146.6 authorization to continue with the repairs. If continuation of 146.7 the repairs is not authorized, the repairing audiologist, 146.8 certified dispenser, or company shall return the hearing aid as 146.9 close as possible to its former condition and shall release the 146.10 hearing aid to the owner or owner's representative upon payment 146.11 of charges for repairs actually performed and not in excess of 146.12 the original estimate. 146.13 Sec. 11. Minnesota Statutes 2004, section 153A.13, 146.14 subdivision 5, is amended to read: 146.15 Subd. 5. [DISPENSER OF HEARING INSTRUMENTS.] "Dispenser of 146.16 hearing instruments" means a natural person who engages in 146.17 hearing instrument dispensing whether or not certified by the 146.18 commissioner of health or licensed by an existing health-related 146.19 board, except that a person described as follows is not a 146.20 dispenser of hearing instruments: 146.21 (1) a student participating in supervised field work that 146.22 is necessary to meet requirements of an accredited educational 146.23 program if the student is designated by a title which clearly 146.24 indicates the student's status as a student trainee; or 146.25 (2) a person who helps a dispenser of hearing instruments 146.26 in an administrative or clerical manner and does not engage in 146.27 hearing instrument dispensing. 146.28 A person who offers to dispense a hearing instrument, or a 146.29 person who advertises, holds out to the public, or otherwise 146.30 represents that the person is authorized to dispense hearing 146.31 instruments must be certified by the commissioner except when 146.32 the person is an audiologist as defined in section 148.512. 146.33 Sec. 12. Minnesota Statutes 2004, section 153A.14, 146.34 subdivision 2h, is amended to read: 146.35 Subd. 2h. [CERTIFICATION BY EXAMINATION.] An applicant 146.36 must achieve a passing score, as determined by the commissioner, 147.1 on an examination according to paragraphs (a) to (c). 147.2 (a) The examination must include, but is not limited to: 147.3 (1) A written examination approved by the commissioner 147.4 covering the following areas as they pertain to hearing 147.5 instrument selling: 147.6 (i) basic physics of sound; 147.7 (ii) the anatomy and physiology of the ear; 147.8 (iii) the function of hearing instruments; and 147.9 (iv) the principles of hearing instrument selection; and147.10(v) state and federal laws, rules, and regulations. 147.11 (2) Practical tests of proficiency in the following 147.12 techniques as they pertain to hearing instrument selling: 147.13 (i) pure tone audiometry, including air conduction testing 147.14 and bone conduction testing; 147.15 (ii) live voice or recorded voice speech audiometry 147.16 including speech recognition (discrimination) testing, most 147.17 comfortable loudness level, and uncomfortable loudness 147.18 measurements of tolerance thresholds; 147.19 (iii) masking when indicated; 147.20 (iv) recording and evaluation of audiograms and speech 147.21 audiometry to determine proper selection and fitting of a 147.22 hearing instrument; 147.23 (v) taking ear mold impressions;and147.24 (vi) using an otoscope for the visual observation of the 147.25 entire ear canal; and 147.26 (vii) state and federal laws, rules, and regulations. 147.27 (b) The examination shall be administered by the 147.28 commissioner at least twice a year. 147.29 (c) An applicant must achieve a passing score on all 147.30 portions of the examination within a two-year period. An 147.31 applicant who does not achieve a passing score on all portions 147.32 of the examination within a two-year period must retake the 147.33 entire examination and achieve a passing score on each portion 147.34 of the examination. An applicant who does not apply for 147.35 certification within one year of successful completion of the 147.36 examination must retake the examination and achieve a passing 148.1 score on each portion of the examination. An applicant may not 148.2 take any part of the examination more than three times in a 148.3 two-year period. 148.4 Sec. 13. Minnesota Statutes 2004, section 153A.14, 148.5 subdivision 2i, is amended to read: 148.6 Subd. 2i. [CONTINUING EDUCATION REQUIREMENT.] On forms 148.7 provided by the commissioner, each certified dispenser must 148.8 submit with the application for renewal of certification 148.9 evidence of completion of ten course hours of continuing 148.10 education earned within the 12-month period of July 1 to June 30 148.11 immediately preceding renewal. Continuing education courses 148.12 must be directly related to hearing instrument dispensing and 148.13 approved by the International Hearing Societyor qualify for148.14continuing education approved for Minnesota licensed148.15audiologists. Evidence of completion of the ten course hours of 148.16 continuing education must be submitted with renewal applications 148.17 by October 1 of each year. This requirement does not apply to 148.18 dispensers certified for less than one year. The first report 148.19 of evidence of completion of the continuing education credits 148.20 shall be due October 1, 1997. 148.21 Sec. 14. Minnesota Statutes 2004, section 153A.14, 148.22 subdivision 4, is amended to read: 148.23 Subd. 4. [DISPENSING OF HEARING INSTRUMENTS WITHOUT 148.24 CERTIFICATE.] Except as provided in subdivisions 4a and 4c, and 148.25 in sections 148.512 to 148.5198, it is unlawful for any person 148.26 not holding a valid certificate to dispense a hearing instrument 148.27 as defined in section 153A.13, subdivision 3. A person who 148.28 dispenses a hearing instrument without the certificate required 148.29 by this section is guilty of a gross misdemeanor. 148.30 Sec. 15. Minnesota Statutes 2004, section 153A.14, 148.31 subdivision 4c, is amended to read: 148.32 Subd. 4c. [RECIPROCITY.] (a) A person applying for 148.33 certification as a hearing instrument dispenser under 148.34 subdivision 1 who has dispensed hearing instruments in another 148.35 jurisdiction may dispense hearing instruments as a trainee under 148.36 indirect supervision if the person: 149.1 (1) satisfies the provisions of subdivision 4a, paragraph 149.2 (a); 149.3 (2) submits a signed and dated affidavit stating that the 149.4 applicant is not the subject of a disciplinary action or past 149.5 disciplinary action in this or another jurisdiction and is not 149.6 disqualified on the basis of section 153A.15, subdivision 1; and 149.7 (3) provides a copy of a current credential as a hearing 149.8 instrument dispenser, an audiologist, or both,held in the 149.9 District of Columbia or a state or territory of the United 149.10 States. 149.11 (b) A person becoming a trainee under this subdivision who 149.12 fails to take and pass the practical examination described in 149.13 subdivision 2h, paragraph (a), clause (2), when next offered 149.14 must cease dispensing hearing instruments unless under direct 149.15 supervision. 149.16 Sec. 16. Minnesota Statutes 2004, section 153A.14, 149.17 subdivision 9, is amended to read: 149.18 Subd. 9. [CONSUMER RIGHTSINFORMATION.] A hearing 149.19 instrument dispenser shall, at the time of the recommendation or149.20prescription, give a consumer rights brochure, prepared by the149.21commissioner and containing information about legal requirements149.22pertaining to sales of hearing instruments, to each potential149.23buyer of a hearing instrument. A sales contract for a hearing149.24instrument must note the receipt of the brochure by the buyer,149.25along with the buyer's signature or initialscomply with the 149.26 requirements of sections 148.5195, subdivision 3, clause (20); 149.27 148.5197; and 148.5198. 149.28 Sec. 17. Minnesota Statutes 2004, section 153A.15, 149.29 subdivision 1, is amended to read: 149.30 Subdivision 1. [PROHIBITED ACTS.] The commissioner may 149.31 take enforcement action as provided under subdivision 2 against 149.32 a dispenser of hearing instruments for the following acts and 149.33 conduct: 149.34 (1)prescribing or otherwise recommending to a consumer or149.35potential consumer the use of a hearing instrument, unless the149.36prescription from a physician or recommendation from a hearing150.1instrument dispenser or audiologist is in writing, is based on150.2an audiogram that is delivered to the consumer or potential150.3consumer when the prescription or recommendation is made, and150.4bears the following information in all capital letters of150.512-point or larger boldface type: "THIS PRESCRIPTION OR150.6RECOMMENDATION MAY BE FILLED BY, AND HEARING INSTRUMENTS MAY BE150.7PURCHASED FROM, THE CERTIFIED DISPENSER OF YOUR CHOICE";150.8(2) failing to give a copy of the audiogram, upon which the150.9prescription or recommendation is based, to the consumer when150.10there has been a charge for the audiogram and the consumer150.11requests a copy;150.12(3)dispensing a hearing instrument to a minor person 18 150.13 years or younger unless evaluated by an audiologist for hearing 150.14 evaluation and hearing aid evaluation; 150.15(4) failing to provide the consumer rights brochure150.16required by section 153A.14, subdivision 9;150.17(5)(2) being disciplined through a revocation, suspension, 150.18 restriction, or limitation by another state for conduct subject 150.19 to action under this chapter; 150.20(6)(3) presenting advertising that is false or misleading; 150.21(7)(4) providing the commissioner with false or misleading 150.22 statements of credentials, training, or experience; 150.23(8)(5) engaging in conduct likely to deceive, defraud, or 150.24 harm the public; or demonstrating a willful or careless 150.25 disregard for the health, welfare, or safety of a consumer; 150.26(9)(6) splitting fees or promising to pay a portion of a 150.27 fee to any other professional other than a fee for services 150.28 rendered by the other professional to the client; 150.29(10)(7) engaging in abusive or fraudulent billing 150.30 practices, including violations of federal Medicare and Medicaid 150.31 laws, Food and Drug Administration regulations, or state medical 150.32 assistance laws; 150.33(11)(8) obtaining money, property, or services from a 150.34 consumer through the use of undue influence, high pressure sales 150.35 tactics, harassment, duress, deception, or fraud; 150.36(12) failing to comply with restrictions on sales of151.1hearing aids in sections 153A.14, subdivision 9, and 153A.19;151.2(13)(9) performing the services of a certified hearing 151.3 instrument dispenser in an incompetent or negligent manner; 151.4(14)(10) failing to comply with the requirements of this 151.5 chapter as an employer, supervisor, or trainee; 151.6(15)(11) failing to provide information in a timely manner 151.7 in response to a request by the commissioner, commissioner's 151.8 designee, or the advisory council; 151.9(16)(12) being convicted within the past five years of 151.10 violating any laws of the United States, or any state or 151.11 territory of the United States, and the violation is a felony, 151.12 gross misdemeanor, or misdemeanor, an essential element of which 151.13 relates to hearing instrument dispensing, except as provided in 151.14 chapter 364; 151.15(17)(13) failing to cooperate with the commissioner, the 151.16 commissioner's designee, or the advisory council in any 151.17 investigation; 151.18(18)(14) failing to perform hearing instrument dispensing 151.19 with reasonable judgment, skill, or safety due to the use of 151.20 alcohol or drugs, or other physical or mental impairment; 151.21(19)(15) failing to fully disclose actions taken against 151.22 the applicant or the applicant's legal authorization to dispense 151.23 hearing instruments in this or another state; 151.24(20)(16) violating a state or federal court order or 151.25 judgment, including a conciliation court judgment, relating to 151.26 the activities of the applicant in hearing instrument 151.27 dispensing; 151.28(21)(17) having been or being disciplined by the 151.29 commissioner of the Department of Health, or other authority, in 151.30 this or another jurisdiction, if any of the grounds for the 151.31 discipline are the same or substantially equivalent to those in 151.32 sections 153A.13 to 153A.19; 151.33(22)(18) misrepresenting the purpose of hearing tests, or 151.34 in any way communicating that the hearing test or hearing test 151.35 protocol required by section 153A.14, subdivision 4b, is a 151.36 medical evaluation, a diagnostic hearing evaluation conducted by 152.1 an audiologist, or is other than a test to select a hearing 152.2 instrument, except that the hearing instrument dispenser can 152.3 determine the need for or recommend the consumer obtain a 152.4 medical evaluation consistent with requirements of the United 152.5 States Food and Drug Administration; 152.6(23)(19) violating any of the provisions of sections 152.7 148.5195, subdivision 3, clause (20); 148.5197; 148.5198; and 152.8 153A.13 to153A.19153A.18; and 152.9(24)(20) aiding or abetting another person in violating 152.10 any of the provisions of sections 148.5195, subdivision 3, 152.11 clause (20); 148.5197; 148.5198; and 153A.13 to153A.19153A.18. 152.12 Sec. 18. Minnesota Statutes 2004, section 153A.20, 152.13 subdivision 1, is amended to read: 152.14 Subdivision 1. [MEMBERSHIP.] The commissioner shall 152.15 appointnineseven persons to a Hearing Instrument Dispenser 152.16 Advisory Council. 152.17 (a) Thenineseven persons must include: 152.18 (1) three public members, as defined in section 214.02. At 152.19 least one of the public members shall be a hearing instrument 152.20 user and one of the public members shall be either a hearing 152.21 instrument user or an advocate of one; and 152.22 (2) three hearing instrument dispensers certified under 152.23 sections 153A.14 to 153A.20, each of whom is currently, and has 152.24 been for the five years immediately preceding their appointment, 152.25 engaged in hearing instrument dispensing in Minnesota and who 152.26 represent the occupation of hearing instrument dispensing and 152.27 who are not audiologists; and 152.28 (3)three audiologists who are certified hearing instrument152.29dispensers or areone audiologist licensed asaudiologistsan 152.30 audiologist under chapter 148 who dispenses hearing instruments, 152.31 recommended by a professional association representing 152.32 audiologists and speech-language pathologists. 152.33 (b) The factors the commissioner may consider when 152.34 appointing advisory council members include, but are not limited 152.35 to, professional affiliation, geographical location, and type of 152.36 practice. 153.1 (c) No two members of the advisory council shall be 153.2 employees of, or have binding contracts requiring sales 153.3 exclusively for, the same hearing instrument manufacturer or the 153.4 same employer. 153.5 Sec. 19. [REVISOR'S INSTRUCTION.] 153.6 The revisor of statutes shall change references from 153.7 "sections 148.511 to 148.5196" to "sections 148.511 to 148.5198" 153.8 wherever they appear in Minnesota Statutes and Minnesota Rules, 153.9 and change "153A.19" to "148.5197" in Minnesota Statutes, 153.10 section 325G.203. 153.11 Sec. 20. [REPEALER.] 153.12 Minnesota Statutes 2004, sections 153A.14, subdivisions 2a, 153.13 8, and 10; and 153A.19, are repealed. 153.14 Sec. 21. [EFFECTIVE DATE.] 153.15 Sections 1 to 18 and 20 are effective August 1, 2005. 153.16 ARTICLE 9 153.17 PENALTY FEES 153.18 Section 1. Minnesota Statutes 2004, section 148.5194, is 153.19 amended by adding a subdivision to read: 153.20 Subd. 8. [PENALTY FEES.] (a) The penalty fee for 153.21 practicing speech-language pathology or audiology without a 153.22 current license after the credential has expired and before it 153.23 is renewed is the amount of the license renewal fee for any part 153.24 of the first month, plus the license renewal fee for any part of 153.25 any subsequent month up to 36 months. 153.26 (b) The penalty fee for applicants who engage in the 153.27 unauthorized practice of speech-language pathology or audiology 153.28 before being issued a license is the amount of the license 153.29 application fee for any part of the first month, plus the 153.30 license application fee for any part of any subsequent month up 153.31 to 36 months. This paragraph does not apply to applicants not 153.32 qualifying for a license who engage in the unauthorized practice 153.33 of speech-language pathology or audiology. 153.34 (c) The penalty fee for failing to submit a continuing 153.35 education report by the due date with the correct number or type 153.36 of hours in the correct time period is $100 plus $20 for each 154.1 missing clock hour. The licensee must obtain the missing number 154.2 of continuing education hours by the next reporting due date. 154.3 (d) Civil penalties and discipline incurred by licensees 154.4 prior to August 1, 2005, for conduct described in paragraph (a), 154.5 (b), or (c) shall be recorded as nondisciplinary penalty fees. 154.6 For conduct described in paragraph (a) or (b) occurring after 154.7 August 1, 2005, and exceeding six months, payment of a penalty 154.8 fee does not preclude any disciplinary action reasonably 154.9 justified by the individual case. 154.10 Sec. 2. Minnesota Statutes 2004, section 148.6445, is 154.11 amended by adding a subdivision to read: 154.12 Subd. 11. [PENALTY FEES.] (a) The penalty fee for 154.13 practicing occupational therapy without a current license after 154.14 the credential has expired and before it is renewed is the 154.15 amount of the license renewal fee for any part of the first 154.16 month, plus the license renewal fee for any part of any 154.17 subsequent month up to 36 months. 154.18 (b) The penalty fee for applicants who engage in the 154.19 unauthorized practice of occupational therapy before being 154.20 issued a license is the amount of the license application fee 154.21 for any part of the first month, plus the license application 154.22 fee for any part of any subsequent month up to 36 months. This 154.23 paragraph does not apply to applicants not qualifying for a 154.24 license who engage in the unauthorized practice of occupational 154.25 therapy. 154.26 (c) The penalty fee for failing to submit a continuing 154.27 education report by the due date with the correct number or type 154.28 of hours in the correct time period is $100 plus $20 for each 154.29 missing clock hour. The licensee must obtain the missing number 154.30 of continuing education hours by the next reporting due date. 154.31 (d) Civil penalties and discipline incurred by licensees 154.32 prior to August 1, 2005, for conduct described in paragraph (a), 154.33 (b), or (c) shall be recorded as nondisciplinary penalty fees. 154.34 For conduct described in paragraph (a) or (b) occurring after 154.35 August 1, 2005, and exceeding six months, payment of a penalty 154.36 fee does not preclude any disciplinary action reasonably 155.1 justified by the individual case. 155.2 Sec. 3. Minnesota Statutes 2004, section 148C.12, is 155.3 amended by adding a subdivision to read: 155.4 Subd. 11. [PENALTY FEES.] (a) The penalty fee for 155.5 practicing alcohol and drug counseling without a current license 155.6 after the credential has expired and before it is renewed is the 155.7 amount of the license renewal fee for any part of the first 155.8 month, plus the license renewal fee for any part of any 155.9 subsequent month up to 36 months. 155.10 (b) The penalty fee for applicants who engage in the 155.11 unauthorized practice of alcohol and drug counseling before 155.12 being issued a license is the amount of the license application 155.13 fee for any part of the first month, plus the license 155.14 application fee for any part of any subsequent month up to 36 155.15 months. This paragraph does not apply to applicants not 155.16 qualifying for a license who engage in the unauthorized practice 155.17 of alcohol and drug counseling. 155.18 (c) The penalty fee for failing to submit a continuing 155.19 education report by the due date with the correct number or type 155.20 of hours in the correct time period is $100 plus $20 for each 155.21 missing clock hour. The licensee must obtain the correct number 155.22 of continuing education hours by the next reporting due date. 155.23 (d) Civil penalties and discipline incurred by licensees 155.24 prior to August 1, 2005, for conduct described in paragraph (a), 155.25 (b), or (c) shall be recorded as nondisciplinary penalty fees. 155.26 For conduct described in paragraph (a) or (b) occurring after 155.27 August 1, 2005, and exceeding 12 months, payment of a penalty 155.28 fee does not preclude any disciplinary action reasonably 155.29 justified by the individual case. 155.30 Sec. 4. [153A.175] [PENALTY FEES.] 155.31 (a) The penalty fee for holding oneself out as a hearing 155.32 instrument dispenser without a current certificate after the 155.33 credential has expired and before it is renewed is one-half the 155.34 amount of the certificate renewal fee for any part of the first 155.35 day, plus one-half the certificate renewal fee for any part of 155.36 any subsequent days up to 30 days. 156.1 (b) The penalty fee for applicants who hold themselves out 156.2 as hearing instrument dispensers after expiration of the trainee 156.3 period and before being issued a certificate is one-half the 156.4 amount of the certificate application fee for any part of the 156.5 first day, plus one-half the certificate application fee for any 156.6 part of any subsequent days up to 30 days. This paragraph does 156.7 not apply to applicants not qualifying for a certificate who 156.8 hold themselves out as hearing instrument dispensers. 156.9 (c) The penalty fee for failing to submit a continuing 156.10 education report by the due date with the correct number or type 156.11 of hours in the correct time period is $200 plus $200 for each 156.12 missing clock hour. The certificate holder must obtain the 156.13 missing number of continuing education hours by the next 156.14 reporting due date. 156.15 (d) Civil penalties and discipline incurred by certificate 156.16 holders prior to August 1, 2005, for conduct described in 156.17 paragraph (a), (b), or (c) shall be recorded as nondisciplinary 156.18 penalty fees. Payment of a penalty fee does not preclude any 156.19 disciplinary action reasonably justified by the individual case.