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HF 1191

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 04/02/2012 01:01pm

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Current Version - 1st Engrossment

A bill for an act
relating to health occupations; modifying provisions for licensure of social
workers;amending Minnesota Statutes 2010, sections 148E.055, subdivision
1; 148E.060, subdivisions 1, 2, 3, 5, by adding a subdivision; 148E.065,
subdivisions 2, 4, 5, by adding subdivisions; 148E.120; 148E.195, subdivision 2,
by adding a subdivision; 148E.280; proposing coding for new law in Minnesota
Statutes, chapter 148E; repealing Minnesota Statutes 2010, section 148E.065,
subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 148E.055, subdivision 1, is amended to
read:


Subdivision 1.

License required.

(a) In order to practice social work, an individual
must have a social work license under this section or section 148E.060, except when the
individual is exempt from licensure according to section 148E.065.

(b) Individuals who teach professional social work knowledge, skills, and values to
students and who have a social work degree from a program accredited by the Council
on Social Work Education, the Canadian Association of Schools of Social Work, or a
similar accreditation accrediting body designated by the board must have a social work
license under this section or section 148E.060, except when the individual is exempt from
licensure according to section 148E.065.

(c) Effective July 1, 2014, an individual employed by a city, county, or state agency
must be licensed if:

(1) the individual is presented to the public by any title incorporating the words
"social work" or "social worker"; or

(2) the individual has a baccalaureate or graduate degree in social work from a
program accredited by the Council on Social Work Education, the Canadian Association
of Schools of Social Work, or a similar accrediting body designated by the board, and
the individual engages in the practice of social work, including clinical social work, if
authorized under this chapter.

(d) Effective July 1, 2014, an individual employed by a private nonprofit agency
whose primary service focus addresses ethnic minority populations, and who is a member
of ethnic minority populations within those agencies, previously exempt from licensure
under sections 148D.065, subdivision 5, and 148E.065, subdivision 5, must be licensed if:

(1) the individual is presented to the public by any title incorporating the words
"social work" or "social worker"; or

(2) the individual has a baccalaureate or graduate degree in social work from a
program accredited by the Council on Social Work Education, the Canadian Association
of Schools of Social Work, or a similar accrediting body designated by the board, and
the individual engages in the practice of social work, including clinical social work, if
authorized under this chapter.

EFFECTIVE DATE.

This section is effective August 1, 2012.

Sec. 2.

[148E.0555] LICENSE REQUIREMENTS; GRANDPARENTING.

Subdivision 1.

Grandparenting period.

(a) The board shall issue a license to an
applicant who meets all the requirements in this section and has submitted a completed,
signed application and the required fee between January 1, 2012, and December 31, 2012.

(b) If the applicant does not provide all of the information requested by the board
by December 31, 2013, the applicant is considered ineligible and the application for
licensure is closed.

Subd. 2.

Eligible agency personnel.

When submitting the application for licensure,
the applicant must provide evidence satisfactory to the board that the applicant is currently
employed by a:

(1) Minnesota city, county, or state agency, and:

(i) at any time within three years of the date of submitting an application for
licensure was presented to the public by any title incorporating the words "social work" or
"social worker," while employed by that agency for a minimum of six months; or

(ii) at any time within three years of the date of submitting an application for
licensure was engaged in the practice of social work, including clinical social work, as
described in section 148E.010, subdivisions 6 and 11, while employed by that agency
for a minimum of six months; or

(2) private nonprofit, nontribal agency whose primary service focus addresses ethnic
minority populations, and the applicant is a member of an ethnic minority population
within the agency, previously exempt from licensure under sections 148D.065, subdivision
5, and 148E.065, subdivision 5, and:

(i) at any time within three years of the date of submitting an application for
licensure was presented to the public by any title incorporating the words "social work" or
"social worker," while employed by that agency for a minimum of six months; or

(ii) at any time within three years of the date of submitting an application for
licensure was engaged in the practice of social work, including clinical social work, as
described under section 148E.010, subdivisions 6 and 11, while employed by that agency
for a minimum of six months.

Subd. 3.

Qualifications during grandparenting for licensure as LSW.

(a) To
be licensed as a licensed social worker, an applicant for licensure under this section
must provide evidence satisfactory to the board that the individual has completed a
baccalaureate degree:

(1) in social work from a program accredited by the Council on Social Work
Education, the Canadian Association of Schools of Social Work, or a similar accrediting
body designated by the board; or

(2) in psychology, sociology, human services, or social/behavioral sciences from an
accredited college or university; or

(3) with a major in any field from an accredited college or university, and one year of
experience in the practice of social work as described in section 148E.010, subdivision 11.

(b) To be licensed as a licensed social worker, an applicant for licensure under this
section must provide evidence satisfactory to the board that the individual has:

(1) submitted a completed, signed application and the license fee in section
148E.180;

(2) for applications submitted electronically, provided an attestation as specified
by the board;

(3) submitted the criminal background check fee and a form provided by the board
authorizing a criminal background check;

(4) paid the applicable license fee in section 148E.180; and

(5) not engaged in conduct that was or would be in violation of the standards of
practice specified in sections 148D.195 to 148D.240 and 148E.195 to 148E.240. If the
applicant has engaged in conduct that was or would be in violation of the standards of
practice, the board may take action according to sections 148E.255 to 148E.270.

(c) An application that is not completed and signed, or that is not accompanied by
the correct license fee, must be returned to the applicant, along with any fee submitted,
and is void.

(d) By submitting an application for licensure, an applicant authorizes the board to
investigate any information provided or requested in the application. The board may
request that the applicant provide additional information, verification, or documentation.

(e) Within one year of the time the board receives an application for licensure, the
applicant must meet all the requirements and provide all of the information requested by
the board according to paragraphs (a) and (b).

(f) Prelicensure supervised practice hours may be applied to meet the requirements
of this section. Hours obtained prior to August 1, 2011, must meet the supervised practice
requirements in sections 148D.100 to 148D.125, and hours obtained on or after August 1,
2011, must meet the supervised practice requirements in sections 148E.100 to 148E.125.

(g) In addition to the required supervisors listed in sections 148D.120 and 148E.120,
an alternate supervisor may include a qualified professional who has a bachelor's or
graduate degree, and the authority to direct the practice of the applicant, including but
not limited to an agency director, or agency or consulting supervisor, as determined
appropriate by the board.

(h) Unless completed at the time of application for licensure, a licensee granted a
license by the board under this section must meet the supervised practice requirements
in sections 148E.100 to 148E.125. If a licensee does not meet the supervised practice
requirements, the board may take action according to sections 148E.255 to 148E.270.

Subd. 4.

Qualifications during grandparenting for licensure as LGSW.

(a) To
be licensed as a licensed graduate social worker, an applicant for licensure under this
section must provide evidence satisfactory to the board that the individual has completed
a graduate degree:

(1) in social work from a program accredited by the Council on Social Work
Education, the Canadian Association of Schools of Social Work, or a similar accrediting
body designated by the board; or

(2) in psychology, sociology, marriage and family therapy, human services, or
social/behavioral sciences from an accredited college or university; or

(3) with a major in any field from an accredited college or university, and one year
of experience in the practice of social work as described in section 148E.010, subdivisions
6 and 11.

(b) To be licensed as a licensed graduate social worker, an applicant for licensure
under this section must provide evidence satisfactory to the board that the individual has:

(1) submitted a completed, signed application and the license fee in section
148E.180;

(2) for applications submitted electronically, provided an attestation as specified
by the board;

(3) submitted the criminal background check fee and a form provided by the board
authorizing a criminal background check;

(4) paid the applicable license fee in section 148E.180; and

(5) not engaged in conduct that was or would be in violation of the standards of
practice specified in sections 148D.195 to 148D.240 and 148E.195 to 148E.240. If the
applicant has engaged in conduct that was or would be in violation of the standards of
practice, the board may take action according to sections 148E.255 to 148E.270.

(c) An application that is not completed and signed, or that is not accompanied by
the correct license fee, must be returned to the applicant, along with any fee submitted,
and is void.

(d) By submitting an application for licensure, an applicant authorizes the board to
investigate any information provided or requested in the application. The board may
request that the applicant provide additional information, verification, or documentation.

(e) Within one year of the time the board receives an application for licensure, the
applicant must meet all the requirements and provide all of the information requested by
the board according to paragraphs (a) and (b).

(f) Prelicensure supervised practice hours may be applied to meet the requirements
of this section. Hours obtained prior to August 1, 2011, must meet the supervised practice
requirements in sections 148D.100 to 148D.125, and hours obtained on or after August 1,
2011, must meet the supervised practice requirements in sections 148E.100 to 148E.125.

(g) In addition to the required supervisors listed in sections 148D.120 and 148E.120,
an alternate supervisor of nonclinical practice may include a qualified professional who
has a bachelor's or graduate degree, and the authority to direct the practice of the applicant,
including but not limited to an agency director, or agency or consulting supervisor, as
determined appropriate by the board.

(h) Unless completed at the time of application for licensure, a licensee granted a
license by the board under this section must meet the supervised practice requirements
specified in sections 148E.100 to 148E.125. If a licensee does not meet the supervised
practice requirements, the board may take action according to sections 148E.255 to
148E.270.

Subd. 5.

Qualifications during grandparenting for licensure as LISW.

(a) To
be licensed as a licensed independent social worker, an applicant for licensure under this
section must provide evidence satisfactory to the board that the individual has completed
a graduate degree:

(1) in social work from a program accredited by the Council on Social Work
Education, the Canadian Association of Schools of Social Work, or a similar accrediting
body designated by the board; or

(2) in psychology, sociology, marriage and family therapy, human services, or
social/behavioral sciences from an accredited college or university; or

(3) with a major in any field from an accredited college or university, and one year
of experience in the practice of social work according to section 148E.010, subdivision 11.

(b) To be licensed as a licensed independent social worker, an applicant for licensure
under this section must provide evidence satisfactory to the board that the individual has:

(1) practiced social work as defined in section 148E.010, subdivision 11, and has
met the supervised practice requirements as follows: (i) for hours obtained prior to
August 1, 2011, has met the requirements in sections 148D.100 to 148D.125; (ii) for
hours obtained after August 1, 2011, has met the requirements in sections 148E.100 to
148E.125; and (iii) in addition to the supervisors listed in section 148D.120 or 148E.120,
an alternate supervisor of nonclinical practice may include a qualified professional who
has a bachelor's or graduate degree and the authority to direct the practice of the applicant,
including but not limited to an agency director, or agency or consulting supervisor as
determined by the board.

(2) submitted a completed, signed application and the license fee in section
148E.180;

(3) for applications submitted electronically, provided an attestation as specified
by the board;

(4) submitted the criminal background check fee and a form provided by the board
authorizing a criminal background check;

(5) paid the applicable license fee specified in section 148E.180; and

(6) not engaged in conduct that was or would be in violation of the standards of
practice specified in sections 148D.195 to 148D.240 and 148E.195 to 148E.240. If the
applicant has engaged in conduct that was or would be in violation of the standards of
practice, the board may take action according to sections 148E.255 to 148E.270.

(c) An application that is not completed, signed, and accompanied by the correct
license fee, must be returned to the applicant, along with any fee submitted, and is void.

(d) By submitting an application for licensure, an applicant authorizes the board to
investigate any information provided or requested in the application. The board may
request that the applicant provide additional information, verification, or documentation.

(e) Within one year of the time the board receives an application for licensure, the
applicant must meet all the requirements and provide all of the information requested by
the board according to paragraphs (a) and (b).

(f) Upon licensure, a licensed independent social worker who practices clinical
social work must meet the supervised practice requirements specified in sections 148E.100
to 148E.125. If a licensee does not meet the supervised practice requirements, the board
may take action according to sections 148E.255 to 148E.270.

Subd. 6.

Qualifications during grandparenting for licensure as LICSW.

(a) To
be licensed as a licensed independent clinical social worker, an applicant for licensure
under this section must provide evidence satisfactory to the board that the individual has:

(1) completed a graduate degree in social work from a program accredited by the
Council on Social Work Education, the Canadian Association of Schools of Social Work,
or a similar accrediting body designated by the board; or

(2) completed a graduate degree and is a mental health professional according to
section 245.462, subdivision 18, clauses (1) to (6).

(b) To be licensed as a licensed independent clinical social worker, an applicant
for licensure under this section must provide evidence satisfactory to the board that the
individual has:

(1) practiced clinical social work as defined in section 148E.010, subdivision 6,
including both diagnosis and treatment, and has met the supervised practice requirements
specified in sections 148E.100 to 148E.125, excluding the 1,800 hours of direct clinical
client contact specified in section 148E.115, subdivision 1, except that supervised practice
hours obtained prior to August 1, 2011, must meet the requirements in sections 148D.100
to 148D.125;

(2) submitted a completed, signed application and the license fee in section
148E.180;

(3) for applications submitted electronically, provided an attestation as specified
by the board;

(4) submitted the criminal background check fee and a form provided by the board
authorizing a criminal background check;

(5) paid the license fee in section 148E.180; and

(6) not engaged in conduct that was or would be in violation of the standards of
practice specified in sections 148D.195 to 148D.240 and 148E.195 to 148E.240. If the
applicant has engaged in conduct that was or would be in violation of the standards of
practice, the board may take action according to sections 148E.255 to 148E.270.

(c) An application which is not completed, signed, and accompanied by the correct
license fee, must be returned to the applicant, along with any fee submitted, and is void.

(d) By submitting an application for licensure, an applicant authorizes the board to
investigate any information provided or requested in the application. The board may
request that the applicant provide additional information, verification, or documentation.

(e) Within one year of the time the board receives an application for licensure, the
applicant must meet all the requirements and provide all of the information requested
by the board.

EFFECTIVE DATE.

This section is effective August 1, 2012.

Sec. 3.

[148E.0556] LISW TRANSITION PERIOD EXCEPTION.

At any time on or after January 1, 2012, until December 31, 2015, to qualify for a
licensed independent social worker license, an applicant must submit an application to the
board for a licensed independent social worker license and:

(1) hold a current licensed graduate social worker license issued through
grandparenting under section 148E.0555, subdivision 4, and:

(i) meet all requirements in effect at the time of application according to section
148E.055, subdivision 4, paragraph (a), excluding clause (1); and

(ii) meet the supervised practice requirements according to section 148E.055,
subdivision 4, paragraph (a), clause (2); or

(2) hold a current licensed graduate social worker issued through grandparenting
prior to July 1, 1996, and:

(i) meet all requirements in effect at the time of application according to section
148E.055, subdivision 4, paragraph (a), excluding clause (1); and

(ii) meet the supervised practice requirements according to section 148E.055,
subdivision 4, paragraph (a), clause (2).

EFFECTIVE DATE.

This section is effective August 1, 2012.

Sec. 4.

[148E.0557] LICSW TRANSITION PERIOD EXCEPTION.

At any time on or after January 1, 2012, until December 31, 2015, to qualify for
a licensed independent clinical social worker license, an applicant must submit an
application to the board for a licensed independent clinical social worker license and:

(1) hold a current licensed graduate social worker or licensed independent social
worker license issued through grandparenting under section 148E.0555, subdivision 4
or 5, and:

(i) meet all requirements in effect at the time of application according to section
148E.055, subdivision 5, paragraph (a), excluding clause (1); and

(ii) meet the supervised practice requirements according to section 148E.055,
subdivision 5, paragraph (a), clause (3); or

(2) hold a current licensed graduate social worker or licensed independent social
worker license issued through grandparenting prior to July 1, 1996, and:

(i) meet all requirements in effect at the time of application according to section
148E.055, subdivision 5, paragraph (a), excluding clause (1); and

(ii) meet the supervised practice requirements according to section 148E.055,
subdivision 5, paragraph (a), clause (3).

EFFECTIVE DATE.

This section is effective August 1, 2012.

Sec. 5.

Minnesota Statutes 2010, section 148E.060, subdivision 1, is amended to read:


Subdivision 1.

Students and other persons not currently licensed in another
jurisdiction.

(a) The board may issue a temporary license to practice social work to an
applicant who is not licensed or credentialed to practice social work in any jurisdiction
but has:

(1) applied for a license under section 148E.055;

(2) applied for a temporary license on a form provided by the board;

(3) submitted a form provided by the board authorizing the board to complete a
criminal background check;

(4) passed the applicable licensure examination provided for in section 148E.055;

(5) attested on a form provided by the board that the applicant has completed the
requirements for a baccalaureate or graduate degree in social work from a program
accredited by the Council on Social Work Education, the Canadian Association of Schools
of Social Work, or a similar accreditation accrediting body designated by the board, or a
doctorate in social work from an accredited university; and

(6) not engaged in conduct that was or would be in violation of the standards of
practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
conduct that was or would be in violation of the standards of practice, the board may take
action according to sections 148E.255 to 148E.270.

(b) A temporary license issued under this subdivision expires after six months.

EFFECTIVE DATE.

This section is effective August 1, 2012.

Sec. 6.

Minnesota Statutes 2010, section 148E.060, subdivision 2, is amended to read:


Subd. 2.

Emergency situations and persons currently licensed in another
jurisdiction.

(a) The board may issue a temporary license to practice social work to an
applicant who is licensed or credentialed to practice social work in another jurisdiction,
may or may not have applied for a license under section 148E.055, and has:

(1) applied for a temporary license on a form provided by the board;

(2) submitted a form provided by the board authorizing the board to complete a
criminal background check;

(3) submitted evidence satisfactory to the board that the applicant is currently
licensed or credentialed to practice social work in another jurisdiction;

(4) attested on a form provided by the board that the applicant has completed the
requirements for a baccalaureate or graduate degree in social work from a program
accredited by the Council on Social Work Education, the Canadian Association of Schools
of Social Work, or a similar accreditation accrediting body designated by the board, or a
doctorate in social work from an accredited university; and

(5) not engaged in conduct that was or would be in violation of the standards of
practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
conduct that was or would be in violation of the standards of practice, the board may take
action according to sections 148E.255 to 148E.270.

(b) A temporary license issued under this subdivision expires after six months.

EFFECTIVE DATE.

This section is effective August 1, 2012.

Sec. 7.

Minnesota Statutes 2010, section 148E.060, is amended by adding a subdivision
to read:


Subd. 2a.

Programs in candidacy status.

(a) The board may issue a temporary
license to practice social work to an applicant who has completed the requirements for a
baccalaureate or graduate degree in social work from a program in candidacy status with
the Council on Social Work Education, the Canadian Association of Schools of Social
Work, or a similar accrediting body designated by the board, and has:

(1) applied for a license under section 148E.055;

(2) applied for a temporary license on a form provided by the board;

(3) submitted a form provided by the board authorizing the board to complete a
criminal background check;

(4) passed the applicable licensure examination provided for in section 148E.055;
and

(5) not engaged in conduct that is in violation of the standards of practice specified
in sections 148E.195 to 148E.240. If the applicant has engaged in conduct that is in
violation of the standards of practice, the board may take action according to sections
148E.255 to 148E.270.

(b) A temporary license issued under this subdivision expires after 12 months but
may be extended at the board's discretion upon a showing that the social work program
remains in good standing with the Council on Social Work Education, the Canadian
Association of Schools of Social Work, or a similar accrediting body designated by the
board. If the board receives notice from the Council on Social Work Education, the
Canadian Association of Schools of Social Work, or a similar accrediting body designated
by the board that the social work program is not in good standing, or that the accreditation
will not be granted to the social work program, the temporary license is immediately
revoked.

EFFECTIVE DATE.

This section is effective August 1, 2012.

Sec. 8.

Minnesota Statutes 2010, section 148E.060, subdivision 3, is amended to read:


Subd. 3.

Teachers.

(a) The board may issue a temporary license to practice social
work to an applicant whose permanent residence is outside the United States, who is
teaching social work at an academic institution in Minnesota for a period not to exceed
12 months, who may or may not have applied for a license under section 148E.055, and
who has:

(1) applied for a temporary license on a form provided by the board;

(2) submitted a form provided by the board authorizing the board to complete a
criminal background check;

(3) attested on a form provided by the board that the applicant has completed the
requirements for a baccalaureate or graduate degree in social work; and

(4) has not engaged in conduct that was or would be in violation of the standards
of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
conduct that was or would be in violation of the standards of practice, the board may take
action according to sections 148E.255 to 148E.270.

(b) A temporary license issued under this subdivision expires after 12 months.

EFFECTIVE DATE.

This section is effective August 1, 2012.

Sec. 9.

Minnesota Statutes 2010, section 148E.060, subdivision 5, is amended to read:


Subd. 5.

Temporary license term.

(a) A temporary license is valid until expiration,
or until the board issues or denies the license according to section 148E.055, or until
the board revokes the temporary license, whichever comes first. A temporary license is
nonrenewable.

(b) A temporary license issued according to subdivision 1 or 2 expires after six
months.

(c) A temporary license issued according to subdivision 3 expires after 12 months.

EFFECTIVE DATE.

This section is effective August 1, 2011.

Sec. 10.

Minnesota Statutes 2010, section 148E.065, subdivision 2, is amended to read:


Subd. 2.

Students.

An internship, externship, or any other social work experience
that is required for the completion of an accredited program of social work does not
constitute the practice of social work under this chapter. Students exempted under this
section may use the title "social work intern."

EFFECTIVE DATE.

This section is effective August 1, 2012.

Sec. 11.

Minnesota Statutes 2010, section 148E.065, subdivision 4, is amended to read:


Subd. 4.

City, county, and state agency social workers.

The licensure of city,
county, and state agency social workers is voluntary. City, county, and state agencies
employing social workers are not required to employ licensed social workers.

This subdivision expires July 1, 2016.

EFFECTIVE DATE.

This section is effective August 1, 2012.

Sec. 12.

Minnesota Statutes 2010, section 148E.065, is amended by adding a
subdivision to read:


Subd. 4a.

City, county, and state social workers.

(a) Beginning July 1, 2016, the
licensure of city, county, and state agency social workers is voluntary, except an individual
who is newly employed by a city or state agency after July 1, 2016, must be licensed
if the individual who provides social work services, as those services are defined in
section 148E.010, subdivision 11, paragraph (b), is presented to the public by any title
incorporating the words "social work" or "social worker."

(b) City, county, and state agencies employing social workers are not required to
employ licensed social workers.

EFFECTIVE DATE.

This section is effective July 1, 2012.

Sec. 13.

Minnesota Statutes 2010, section 148E.065, subdivision 5, is amended to read:


Subd. 5.

Tribes and private nonprofit agencies; voluntary licensure.

The
licensure of social workers who are employed by federally recognized tribes, or by private
nonprofit agencies whose primary service focus addresses ethnic minority populations,
and who are themselves members of ethnic minority populations within those agencies, is
voluntary.

This subdivision expires July 1, 2016.

EFFECTIVE DATE.

This section is effective August 1, 2012.

Sec. 14.

Minnesota Statutes 2010, section 148E.065, is amended by adding a
subdivision to read:


Subd. 5a.

Tribes and private nonprofit agencies; voluntary licensure.

(a) The
licensure of social workers who are employed by federally recognized tribes is voluntary.

(b) The licensure of private, nonprofit, nontribal agency social workers whose
primary service focus addresses ethnic minority populations, and who are themselves
members of ethnic minority populations within those agencies, is voluntary until July 1,
2016, when newly employed individuals who practice social work must be licensed as
required under section 148E.055, subdivision 1.

EFFECTIVE DATE.

This section is effective July 1, 2012.

Sec. 15.

Minnesota Statutes 2010, section 148E.120, is amended to read:


148E.120 REQUIREMENTS OF SUPERVISORS.

Subdivision 1.

Supervisors licensed as social workers.

(a) Except as provided in
paragraph (d) subdivision 2, to be eligible to provide supervision under this section, a
social worker must:

(1) have completed 30 hours of training in supervision through coursework from
an accredited college or university, or through continuing education in compliance with
sections 148E.130 to 148E.170;

(2) be competent in the activities being supervised; and

(3) attest, on a form provided by the board, that the social worker has met the
applicable requirements specified in this section and sections 148E.100 to 148E.115. The
board may audit the information provided to determine compliance with the requirements
of this section.

(b) A licensed independent clinical social worker providing clinical licensing
supervision to a licensed graduate social worker or a licensed independent social worker
must have at least 2,000 hours of experience in authorized social work practice, including
1,000 hours of experience in clinical practice after obtaining a licensed independent
clinical social worker license.

(c) A licensed social worker, licensed graduate social worker, licensed independent
social worker, or licensed independent clinical social worker providing nonclinical
licensing supervision must have completed the supervised practice requirements specified
in section 148E.100, 148E.105, 148E.106, 148E.110, or 148E.115, as applicable.

(d) If the board determines that supervision is not obtainable from an individual
meeting the requirements specified in paragraph (a), the board may approve an alternate
supervisor according to subdivision 2.

Subd. 2.

Alternate supervisors.

(a) The board may approve an alternate supervisor
if:
The board may approve an alternate supervisor as determined in this subdivision. The
board shall approve up to 25 percent of the required supervision hours by a licensed mental
health professional who is competent and qualified to provide supervision according to the
mental health professional's respective licensing board, as established by section 245.462,
subdivision 18, clauses (1) to (6), or 245.4871, subdivision 27, clauses (1) to (6).

(1) the board determines that supervision is not obtainable according to paragraph
(b);

(2) the licensee requests in the supervision plan submitted according to section
148E.125, subdivision 1, that an alternate supervisor conduct the supervision;

(3) the licensee describes the proposed supervision and the name and qualifications
of the proposed alternate supervisor; and

(4) the requirements of paragraph (d) are met.

(b) The board may determine that supervision is not obtainable if:

(1) the licensee provides documentation as an attachment to the supervision plan
submitted according to section 148E.125, subdivision 1, that the licensee has conducted a
thorough search for a supervisor meeting the applicable licensure requirements specified
in sections 148E.100 to 148E.115;

(2) the licensee demonstrates to the board's satisfaction that the search was
unsuccessful; and

(3) the licensee describes the extent of the search and the names and locations of
the persons and organizations contacted.

(c) The requirements specified in paragraph (b) do not apply to obtaining licensing
supervision for social work practice if the board determines that there are five or fewer
supervisors meeting the applicable licensure requirements in sections 148E.100 to
148E.115 in the county where the licensee practices social work.

(d) An alternate supervisor must:

(1) be an unlicensed social worker who is employed in, and provides the supervision
in, a setting exempt from licensure by section 148E.065, and who has qualifications
equivalent to the applicable requirements specified in sections 148E.100 to 148E.115;

(2) be a social worker engaged in authorized practice in Iowa, Manitoba, North
Dakota, Ontario, South Dakota, or Wisconsin, and has the qualifications equivalent to the
applicable requirements specified in sections 148E.100 to 148E.115; or

(3) be a licensed marriage and family therapist or a mental health professional
as established by section 245.462, subdivision 18, or 245.4871, subdivision 27, or an
equivalent mental health professional, as determined by the board, who is licensed or
credentialed by a state, territorial, provincial, or foreign licensing agency.

(e) In order to qualify to provide clinical supervision of a licensed graduate social
worker or licensed independent social worker engaged in clinical practice, the alternate
supervisor must be a mental health professional as established by section 245.462,
subdivision 18
, or 245.4871, subdivision 27, or an equivalent mental health professional,
as determined by the board, who is licensed or credentialed by a state, territorial,
provincial, or foreign licensing agency.

(b) The board shall approve up to 100 percent of the required supervision hours by
an alternate supervisor if the board determines that:

(1) there are five or fewer supervisors in the county where the licensee practices
social work who meet the applicable licensure requirements in subdivision 1;

(2) the supervisor is an unlicensed social worker who is employed in, and provides
the supervision in, a setting exempt from licensure by section 148E.065, and who has
qualifications equivalent to the applicable requirements specified in sections 148E.100 to
148E.115;

(3) the supervisor is a social worker engaged in authorized social work practice
in Iowa, Manitoba, North Dakota, Ontario, South Dakota, or Wisconsin, and has the
qualifications equivalent to the applicable requirements in sections 148E.100 to 148E.115;
or

(4) the applicant or licensee is engaged in nonclinical authorized social work
practice outside of Minnesota and the supervisor meets the qualifications equivalent to
the applicable requirements in sections 148E.100 to 148E.115, or the supervisor is an
equivalent mental health professional, as determined by the board, who is credentialed by
a state, territorial, provincial, or foreign licensing agency; or

(5) the applicant or licensee is engaged in clinical authorized social work practice
outside of Minnesota and the supervisor meets qualifications equivalent to the applicable
requirements in section 148E.115, or the supervisor is an equivalent mental health
professional as determined by the board, who is credentialed by a state, territorial,
provincial, or foreign licensing agency.

(c) In order for the board to consider an alternate supervisor under this section,
the licensee must:

(1) request in the supervision plan and verification submitted according to section
148E.125, that an alternate supervisor conduct the supervision; and

(2) describe the proposed supervision and the name and qualifications of the
proposed alternate supervisor. The board may audit the information provided to determine
compliance with the requirements of this section.

EFFECTIVE DATE.

This section is effective August 1, 2012.

Sec. 16.

Minnesota Statutes 2010, section 148E.195, subdivision 2, is amended to read:


Subd. 2.

Representations.

(a) No applicant or other individual may be represented
to the public by any title incorporating the words "social work" or "social worker" unless
the individual holds a license according to sections 148E.055 and 148E.060 or practices in
a setting exempt from licensure according to section 148E.065.

(b) In all professional use of a social worker's name, the social worker must use
the license designation "LSW" or "licensed social worker" for a licensed social worker,
"LGSW" or "licensed graduate social worker" for a licensed graduate social worker,
"LISW" or "licensed independent social worker" for a licensed independent social worker,
or "LICSW" or "licensed independent clinical social worker" for a licensed independent
clinical social worker.

(c) Public statements or advertisements must not be untruthful, misleading, false,
fraudulent, deceptive, or potentially exploitative of clients, former clients, interns,
students, supervisees, or the public.

(d) A social worker must not:

(1) use licensure status as a claim, promise, or guarantee of successful service;

(2) obtain a license by cheating or employing fraud or deception;

(3) make false statements or misrepresentations to the board or in materials
submitted to the board; or

(4) engage in conduct that has the potential to deceive or defraud a social work
client, intern, student, supervisee, or the public.

(e) This subdivision expires July 1, 2016.

EFFECTIVE DATE.

This section is effective August 1, 2012.

Sec. 17.

Minnesota Statutes 2010, section 148E.195, is amended by adding a
subdivision to read:


Subd. 2a.

Representations.

Effective July 1, 2016:

(a) No applicant or other individual may be represented to the public by any title
incorporating the words "social work" or "social worker" unless the individual is employed
by a county or holds a license according to this chapter.

(b) In all professional use of a social worker's name, the social worker must use
the license designation "LSW" or "licensed social worker" for a licensed social worker,
"LGSW" or "licensed graduate social worker" for a licensed graduate social worker,
"LISW" or "licensed independent social worker" for a licensed independent social worker,
or "LICSW" or "licensed independent clinical social worker" for a licensed independent
clinical social worker.

(c) Public statements or advertisements must not be untruthful, misleading, false,
fraudulent, deceptive, or potentially exploitative of clients, former clients, interns,
students, supervisees, or the public.

(d) A social worker must not:

(1) use licensure status as a claim, promise, or guarantee of successful service;

(2) obtain a license by cheating or employing fraud or deception;

(3) make false statements or misrepresentations to the board or in materials
submitted to the board; or

(4) engage in conduct that has the potential to deceive or defraud a social work
client, intern, student, supervisee, or the public.

EFFECTIVE DATE.

This section is effective July 1, 2012.

Sec. 18.

Minnesota Statutes 2010, section 148E.280, is amended to read:


148E.280 USE OF TITLES.

(a) No individual may be presented to the public by any title incorporating the words
"social work" or "social worker" or in the titles in section 148E.195, unless that individual
holds a license under sections 148E.055 and 148E.060, or practices in a setting exempt
from licensure under section 148E.065.

This paragraph expires July 1, 2016.

(b) Effective July 1, 2016, no individual may be presented to the public by any
title incorporating the words "social work" or "social worker" or in the titles in section
148E.195, unless that individual is employed by a county or holds a license under this
chapter.

EFFECTIVE DATE.

This section is effective August 1, 2012.

Sec. 19. REPEALER.

Minnesota Statutes 2010, section 148E.065, subdivision 3, is repealed August 1,
2011.

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700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569