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HF 1191

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

KEY: stricken = removed, old language. underscored = added, new language.

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Introduction Pdf Posted on 03/17/2011
1st Engrossment Pdf Posted on 04/02/2012

Current Version - 1st Engrossment

1.1A bill for an act
1.2relating to health occupations; modifying provisions for licensure of social
1.3workers;amending Minnesota Statutes 2010, sections 148E.055, subdivision
1.41; 148E.060, subdivisions 1, 2, 3, 5, by adding a subdivision; 148E.065,
1.5subdivisions 2, 4, 5, by adding subdivisions; 148E.120; 148E.195, subdivision 2,
1.6by adding a subdivision; 148E.280; proposing coding for new law in Minnesota
1.7Statutes, chapter 148E; repealing Minnesota Statutes 2010, section 148E.065,
1.8subdivision 3.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10    Section 1. Minnesota Statutes 2010, section 148E.055, subdivision 1, is amended to
1.11read:
1.12    Subdivision 1. License required. (a) In order to practice social work, an individual
1.13must have a social work license under this section or section 148E.060, except when the
1.14individual is exempt from licensure according to section 148E.065.
1.15    (b) Individuals who teach professional social work knowledge, skills, and values to
1.16students and who have a social work degree from a program accredited by the Council
1.17on Social Work Education, the Canadian Association of Schools of Social Work, or a
1.18similar accreditation accrediting body designated by the board must have a social work
1.19license under this section or section 148E.060, except when the individual is exempt from
1.20licensure according to section 148E.065.
1.21(c) Effective July 1, 2014, an individual employed by a city, county, or state agency
1.22must be licensed if:
1.23(1) the individual is presented to the public by any title incorporating the words
1.24"social work" or "social worker"; or
1.25(2) the individual has a baccalaureate or graduate degree in social work from a
1.26program accredited by the Council on Social Work Education, the Canadian Association
2.1of Schools of Social Work, or a similar accrediting body designated by the board, and
2.2the individual engages in the practice of social work, including clinical social work, if
2.3authorized under this chapter.
2.4(d) Effective July 1, 2014, an individual employed by a private nonprofit agency
2.5whose primary service focus addresses ethnic minority populations, and who is a member
2.6of ethnic minority populations within those agencies, previously exempt from licensure
2.7under sections 148D.065, subdivision 5, and 148E.065, subdivision 5, must be licensed if:
2.8(1) the individual is presented to the public by any title incorporating the words
2.9"social work" or "social worker"; or
2.10(2) the individual has a baccalaureate or graduate degree in social work from a
2.11program accredited by the Council on Social Work Education, the Canadian Association
2.12of Schools of Social Work, or a similar accrediting body designated by the board, and
2.13the individual engages in the practice of social work, including clinical social work, if
2.14authorized under this chapter.
2.15EFFECTIVE DATE.This section is effective August 1, 2012.

2.16    Sec. 2. [148E.0555] LICENSE REQUIREMENTS; GRANDPARENTING.
2.17    Subdivision 1. Grandparenting period. (a) The board shall issue a license to an
2.18applicant who meets all the requirements in this section and has submitted a completed,
2.19signed application and the required fee between January 1, 2012, and December 31, 2012.
2.20(b) If the applicant does not provide all of the information requested by the board
2.21by December 31, 2013, the applicant is considered ineligible and the application for
2.22licensure is closed.
2.23    Subd. 2. Eligible agency personnel. When submitting the application for licensure,
2.24the applicant must provide evidence satisfactory to the board that the applicant is currently
2.25employed by a:
2.26(1) Minnesota city, county, or state agency, and:
2.27(i) at any time within three years of the date of submitting an application for
2.28licensure was presented to the public by any title incorporating the words "social work" or
2.29"social worker," while employed by that agency for a minimum of six months; or
2.30(ii) at any time within three years of the date of submitting an application for
2.31licensure was engaged in the practice of social work, including clinical social work, as
2.32described in section 148E.010, subdivisions 6 and 11, while employed by that agency
2.33for a minimum of six months; or
2.34(2) private nonprofit, nontribal agency whose primary service focus addresses ethnic
2.35minority populations, and the applicant is a member of an ethnic minority population
3.1within the agency, previously exempt from licensure under sections 148D.065, subdivision
3.25, and 148E.065, subdivision 5, and:
3.3(i) at any time within three years of the date of submitting an application for
3.4licensure was presented to the public by any title incorporating the words "social work" or
3.5"social worker," while employed by that agency for a minimum of six months; or
3.6(ii) at any time within three years of the date of submitting an application for
3.7licensure was engaged in the practice of social work, including clinical social work, as
3.8described under section 148E.010, subdivisions 6 and 11, while employed by that agency
3.9for a minimum of six months.
3.10    Subd. 3. Qualifications during grandparenting for licensure as LSW. (a) To
3.11be licensed as a licensed social worker, an applicant for licensure under this section
3.12must provide evidence satisfactory to the board that the individual has completed a
3.13baccalaureate degree:
3.14(1) in social work from a program accredited by the Council on Social Work
3.15Education, the Canadian Association of Schools of Social Work, or a similar accrediting
3.16body designated by the board; or
3.17(2) in psychology, sociology, human services, or social/behavioral sciences from an
3.18accredited college or university; or
3.19(3) with a major in any field from an accredited college or university, and one year of
3.20experience in the practice of social work as described in section 148E.010, subdivision 11.
3.21(b) To be licensed as a licensed social worker, an applicant for licensure under this
3.22section must provide evidence satisfactory to the board that the individual has:
3.23(1) submitted a completed, signed application and the license fee in section
3.24148E.180;
3.25(2) for applications submitted electronically, provided an attestation as specified
3.26by the board;
3.27(3) submitted the criminal background check fee and a form provided by the board
3.28authorizing a criminal background check;
3.29(4) paid the applicable license fee in section 148E.180; and
3.30(5) not engaged in conduct that was or would be in violation of the standards of
3.31practice specified in sections 148D.195 to 148D.240 and 148E.195 to 148E.240. If the
3.32applicant has engaged in conduct that was or would be in violation of the standards of
3.33practice, the board may take action according to sections 148E.255 to 148E.270.
3.34(c) An application that is not completed and signed, or that is not accompanied by
3.35the correct license fee, must be returned to the applicant, along with any fee submitted,
3.36and is void.
4.1(d) By submitting an application for licensure, an applicant authorizes the board to
4.2investigate any information provided or requested in the application. The board may
4.3request that the applicant provide additional information, verification, or documentation.
4.4(e) Within one year of the time the board receives an application for licensure, the
4.5applicant must meet all the requirements and provide all of the information requested by
4.6the board according to paragraphs (a) and (b).
4.7(f) Prelicensure supervised practice hours may be applied to meet the requirements
4.8of this section. Hours obtained prior to August 1, 2011, must meet the supervised practice
4.9requirements in sections 148D.100 to 148D.125, and hours obtained on or after August 1,
4.102011, must meet the supervised practice requirements in sections 148E.100 to 148E.125.
4.11(g) In addition to the required supervisors listed in sections 148D.120 and 148E.120,
4.12an alternate supervisor may include a qualified professional who has a bachelor's or
4.13graduate degree, and the authority to direct the practice of the applicant, including but
4.14not limited to an agency director, or agency or consulting supervisor, as determined
4.15appropriate by the board.
4.16(h) Unless completed at the time of application for licensure, a licensee granted a
4.17license by the board under this section must meet the supervised practice requirements
4.18in sections 148E.100 to 148E.125. If a licensee does not meet the supervised practice
4.19requirements, the board may take action according to sections 148E.255 to 148E.270.
4.20    Subd. 4. Qualifications during grandparenting for licensure as LGSW. (a) To
4.21be licensed as a licensed graduate social worker, an applicant for licensure under this
4.22section must provide evidence satisfactory to the board that the individual has completed
4.23a graduate degree:
4.24(1) in social work from a program accredited by the Council on Social Work
4.25Education, the Canadian Association of Schools of Social Work, or a similar accrediting
4.26body designated by the board; or
4.27(2) in psychology, sociology, marriage and family therapy, human services, or
4.28social/behavioral sciences from an accredited college or university; or
4.29(3) with a major in any field from an accredited college or university, and one year
4.30of experience in the practice of social work as described in section 148E.010, subdivisions
4.316 and 11.
4.32(b) To be licensed as a licensed graduate social worker, an applicant for licensure
4.33under this section must provide evidence satisfactory to the board that the individual has:
4.34(1) submitted a completed, signed application and the license fee in section
4.35148E.180;
5.1(2) for applications submitted electronically, provided an attestation as specified
5.2by the board;
5.3(3) submitted the criminal background check fee and a form provided by the board
5.4authorizing a criminal background check;
5.5(4) paid the applicable license fee in section 148E.180; and
5.6(5) not engaged in conduct that was or would be in violation of the standards of
5.7practice specified in sections 148D.195 to 148D.240 and 148E.195 to 148E.240. If the
5.8applicant has engaged in conduct that was or would be in violation of the standards of
5.9practice, the board may take action according to sections 148E.255 to 148E.270.
5.10(c) An application that is not completed and signed, or that is not accompanied by
5.11the correct license fee, must be returned to the applicant, along with any fee submitted,
5.12and is void.
5.13(d) By submitting an application for licensure, an applicant authorizes the board to
5.14investigate any information provided or requested in the application. The board may
5.15request that the applicant provide additional information, verification, or documentation.
5.16(e) Within one year of the time the board receives an application for licensure, the
5.17applicant must meet all the requirements and provide all of the information requested by
5.18the board according to paragraphs (a) and (b).
5.19(f) Prelicensure supervised practice hours may be applied to meet the requirements
5.20of this section. Hours obtained prior to August 1, 2011, must meet the supervised practice
5.21requirements in sections 148D.100 to 148D.125, and hours obtained on or after August 1,
5.222011, must meet the supervised practice requirements in sections 148E.100 to 148E.125.
5.23(g) In addition to the required supervisors listed in sections 148D.120 and 148E.120,
5.24an alternate supervisor of nonclinical practice may include a qualified professional who
5.25has a bachelor's or graduate degree, and the authority to direct the practice of the applicant,
5.26including but not limited to an agency director, or agency or consulting supervisor, as
5.27determined appropriate by the board.
5.28(h) Unless completed at the time of application for licensure, a licensee granted a
5.29license by the board under this section must meet the supervised practice requirements
5.30specified in sections 148E.100 to 148E.125. If a licensee does not meet the supervised
5.31practice requirements, the board may take action according to sections 148E.255 to
5.32148E.270.
5.33    Subd. 5. Qualifications during grandparenting for licensure as LISW. (a) To
5.34be licensed as a licensed independent social worker, an applicant for licensure under this
5.35section must provide evidence satisfactory to the board that the individual has completed
5.36a graduate degree:
6.1(1) in social work from a program accredited by the Council on Social Work
6.2Education, the Canadian Association of Schools of Social Work, or a similar accrediting
6.3body designated by the board; or
6.4(2) in psychology, sociology, marriage and family therapy, human services, or
6.5social/behavioral sciences from an accredited college or university; or
6.6(3) with a major in any field from an accredited college or university, and one year
6.7of experience in the practice of social work according to section 148E.010, subdivision 11.
6.8(b) To be licensed as a licensed independent social worker, an applicant for licensure
6.9under this section must provide evidence satisfactory to the board that the individual has:
6.10(1) practiced social work as defined in section 148E.010, subdivision 11, and has
6.11met the supervised practice requirements as follows: (i) for hours obtained prior to
6.12August 1, 2011, has met the requirements in sections 148D.100 to 148D.125; (ii) for
6.13hours obtained after August 1, 2011, has met the requirements in sections 148E.100 to
6.14148E.125; and (iii) in addition to the supervisors listed in section 148D.120 or 148E.120,
6.15an alternate supervisor of nonclinical practice may include a qualified professional who
6.16has a bachelor's or graduate degree and the authority to direct the practice of the applicant,
6.17including but not limited to an agency director, or agency or consulting supervisor as
6.18determined by the board.
6.19(2) submitted a completed, signed application and the license fee in section
6.20148E.180;
6.21(3) for applications submitted electronically, provided an attestation as specified
6.22by the board;
6.23(4) submitted the criminal background check fee and a form provided by the board
6.24authorizing a criminal background check;
6.25(5) paid the applicable license fee specified in section 148E.180; and
6.26(6) not engaged in conduct that was or would be in violation of the standards of
6.27practice specified in sections 148D.195 to 148D.240 and 148E.195 to 148E.240. If the
6.28applicant has engaged in conduct that was or would be in violation of the standards of
6.29practice, the board may take action according to sections 148E.255 to 148E.270.
6.30(c) An application that is not completed, signed, and accompanied by the correct
6.31license fee, must be returned to the applicant, along with any fee submitted, and is void.
6.32(d) By submitting an application for licensure, an applicant authorizes the board to
6.33investigate any information provided or requested in the application. The board may
6.34request that the applicant provide additional information, verification, or documentation.
7.1(e) Within one year of the time the board receives an application for licensure, the
7.2applicant must meet all the requirements and provide all of the information requested by
7.3the board according to paragraphs (a) and (b).
7.4(f) Upon licensure, a licensed independent social worker who practices clinical
7.5social work must meet the supervised practice requirements specified in sections 148E.100
7.6to 148E.125. If a licensee does not meet the supervised practice requirements, the board
7.7may take action according to sections 148E.255 to 148E.270.
7.8    Subd. 6. Qualifications during grandparenting for licensure as LICSW. (a) To
7.9be licensed as a licensed independent clinical social worker, an applicant for licensure
7.10under this section must provide evidence satisfactory to the board that the individual has:
7.11(1) completed a graduate degree in social work from a program accredited by the
7.12Council on Social Work Education, the Canadian Association of Schools of Social Work,
7.13or a similar accrediting body designated by the board; or
7.14(2) completed a graduate degree and is a mental health professional according to
7.15section 245.462, subdivision 18, clauses (1) to (6).
7.16(b) To be licensed as a licensed independent clinical social worker, an applicant
7.17for licensure under this section must provide evidence satisfactory to the board that the
7.18individual has:
7.19(1) practiced clinical social work as defined in section 148E.010, subdivision 6,
7.20including both diagnosis and treatment, and has met the supervised practice requirements
7.21specified in sections 148E.100 to 148E.125, excluding the 1,800 hours of direct clinical
7.22client contact specified in section 148E.115, subdivision 1, except that supervised practice
7.23hours obtained prior to August 1, 2011, must meet the requirements in sections 148D.100
7.24to 148D.125;
7.25(2) submitted a completed, signed application and the license fee in section
7.26148E.180;
7.27(3) for applications submitted electronically, provided an attestation as specified
7.28by the board;
7.29(4) submitted the criminal background check fee and a form provided by the board
7.30authorizing a criminal background check;
7.31(5) paid the license fee in section 148E.180; and
7.32(6) not engaged in conduct that was or would be in violation of the standards of
7.33practice specified in sections 148D.195 to 148D.240 and 148E.195 to 148E.240. If the
7.34applicant has engaged in conduct that was or would be in violation of the standards of
7.35practice, the board may take action according to sections 148E.255 to 148E.270.
8.1(c) An application which is not completed, signed, and accompanied by the correct
8.2license fee, must be returned to the applicant, along with any fee submitted, and is void.
8.3(d) By submitting an application for licensure, an applicant authorizes the board to
8.4investigate any information provided or requested in the application. The board may
8.5request that the applicant provide additional information, verification, or documentation.
8.6(e) Within one year of the time the board receives an application for licensure, the
8.7applicant must meet all the requirements and provide all of the information requested
8.8by the board.
8.9EFFECTIVE DATE.This section is effective August 1, 2012.

8.10    Sec. 3. [148E.0556] LISW TRANSITION PERIOD EXCEPTION.
8.11At any time on or after January 1, 2012, until December 31, 2015, to qualify for a
8.12licensed independent social worker license, an applicant must submit an application to the
8.13board for a licensed independent social worker license and:
8.14(1) hold a current licensed graduate social worker license issued through
8.15grandparenting under section 148E.0555, subdivision 4, and:
8.16(i) meet all requirements in effect at the time of application according to section
8.17148E.055, subdivision 4, paragraph (a), excluding clause (1); and
8.18(ii) meet the supervised practice requirements according to section 148E.055,
8.19subdivision 4, paragraph (a), clause (2); or
8.20(2) hold a current licensed graduate social worker issued through grandparenting
8.21prior to July 1, 1996, and:
8.22(i) meet all requirements in effect at the time of application according to section
8.23148E.055, subdivision 4, paragraph (a), excluding clause (1); and
8.24(ii) meet the supervised practice requirements according to section 148E.055,
8.25subdivision 4, paragraph (a), clause (2).
8.26EFFECTIVE DATE.This section is effective August 1, 2012.

8.27    Sec. 4. [148E.0557] LICSW TRANSITION PERIOD EXCEPTION.
8.28At any time on or after January 1, 2012, until December 31, 2015, to qualify for
8.29a licensed independent clinical social worker license, an applicant must submit an
8.30application to the board for a licensed independent clinical social worker license and:
8.31(1) hold a current licensed graduate social worker or licensed independent social
8.32worker license issued through grandparenting under section 148E.0555, subdivision 4
8.33or 5, and:
9.1(i) meet all requirements in effect at the time of application according to section
9.2148E.055, subdivision 5, paragraph (a), excluding clause (1); and
9.3(ii) meet the supervised practice requirements according to section 148E.055,
9.4subdivision 5, paragraph (a), clause (3); or
9.5(2) hold a current licensed graduate social worker or licensed independent social
9.6worker license issued through grandparenting prior to July 1, 1996, and:
9.7(i) meet all requirements in effect at the time of application according to section
9.8148E.055, subdivision 5, paragraph (a), excluding clause (1); and
9.9(ii) meet the supervised practice requirements according to section 148E.055,
9.10subdivision 5, paragraph (a), clause (3).
9.11EFFECTIVE DATE.This section is effective August 1, 2012.

9.12    Sec. 5. Minnesota Statutes 2010, section 148E.060, subdivision 1, is amended to read:
9.13    Subdivision 1. Students and other persons not currently licensed in another
9.14jurisdiction. (a) The board may issue a temporary license to practice social work to an
9.15applicant who is not licensed or credentialed to practice social work in any jurisdiction
9.16but has:
9.17    (1) applied for a license under section 148E.055;
9.18    (2) applied for a temporary license on a form provided by the board;
9.19    (3) submitted a form provided by the board authorizing the board to complete a
9.20criminal background check;
9.21    (4) passed the applicable licensure examination provided for in section 148E.055;
9.22    (5) attested on a form provided by the board that the applicant has completed the
9.23requirements for a baccalaureate or graduate degree in social work from a program
9.24accredited by the Council on Social Work Education, the Canadian Association of Schools
9.25of Social Work, or a similar accreditation accrediting body designated by the board, or a
9.26doctorate in social work from an accredited university; and
9.27    (6) not engaged in conduct that was or would be in violation of the standards of
9.28practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
9.29conduct that was or would be in violation of the standards of practice, the board may take
9.30action according to sections 148E.255 to 148E.270.
9.31(b) A temporary license issued under this subdivision expires after six months.
9.32EFFECTIVE DATE.This section is effective August 1, 2012.

9.33    Sec. 6. Minnesota Statutes 2010, section 148E.060, subdivision 2, is amended to read:
10.1    Subd. 2. Emergency situations and persons currently licensed in another
10.2jurisdiction. (a) The board may issue a temporary license to practice social work to an
10.3applicant who is licensed or credentialed to practice social work in another jurisdiction,
10.4may or may not have applied for a license under section 148E.055, and has:
10.5    (1) applied for a temporary license on a form provided by the board;
10.6    (2) submitted a form provided by the board authorizing the board to complete a
10.7criminal background check;
10.8    (3) submitted evidence satisfactory to the board that the applicant is currently
10.9licensed or credentialed to practice social work in another jurisdiction;
10.10    (4) attested on a form provided by the board that the applicant has completed the
10.11requirements for a baccalaureate or graduate degree in social work from a program
10.12accredited by the Council on Social Work Education, the Canadian Association of Schools
10.13of Social Work, or a similar accreditation accrediting body designated by the board, or a
10.14doctorate in social work from an accredited university; and
10.15    (5) not engaged in conduct that was or would be in violation of the standards of
10.16practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
10.17conduct that was or would be in violation of the standards of practice, the board may take
10.18action according to sections 148E.255 to 148E.270.
10.19(b) A temporary license issued under this subdivision expires after six months.
10.20EFFECTIVE DATE.This section is effective August 1, 2012.

10.21    Sec. 7. Minnesota Statutes 2010, section 148E.060, is amended by adding a subdivision
10.22to read:
10.23    Subd. 2a. Programs in candidacy status. (a) The board may issue a temporary
10.24license to practice social work to an applicant who has completed the requirements for a
10.25baccalaureate or graduate degree in social work from a program in candidacy status with
10.26the Council on Social Work Education, the Canadian Association of Schools of Social
10.27Work, or a similar accrediting body designated by the board, and has:
10.28(1) applied for a license under section 148E.055;
10.29(2) applied for a temporary license on a form provided by the board;
10.30(3) submitted a form provided by the board authorizing the board to complete a
10.31criminal background check;
10.32(4) passed the applicable licensure examination provided for in section 148E.055;
10.33and
10.34(5) not engaged in conduct that is in violation of the standards of practice specified
10.35in sections 148E.195 to 148E.240. If the applicant has engaged in conduct that is in
11.1violation of the standards of practice, the board may take action according to sections
11.2148E.255 to 148E.270.
11.3(b) A temporary license issued under this subdivision expires after 12 months but
11.4may be extended at the board's discretion upon a showing that the social work program
11.5remains in good standing with the Council on Social Work Education, the Canadian
11.6Association of Schools of Social Work, or a similar accrediting body designated by the
11.7board. If the board receives notice from the Council on Social Work Education, the
11.8Canadian Association of Schools of Social Work, or a similar accrediting body designated
11.9by the board that the social work program is not in good standing, or that the accreditation
11.10will not be granted to the social work program, the temporary license is immediately
11.11revoked.
11.12EFFECTIVE DATE.This section is effective August 1, 2012.

11.13    Sec. 8. Minnesota Statutes 2010, section 148E.060, subdivision 3, is amended to read:
11.14    Subd. 3. Teachers. (a) The board may issue a temporary license to practice social
11.15work to an applicant whose permanent residence is outside the United States, who is
11.16teaching social work at an academic institution in Minnesota for a period not to exceed
11.1712 months, who may or may not have applied for a license under section 148E.055, and
11.18who has:
11.19    (1) applied for a temporary license on a form provided by the board;
11.20    (2) submitted a form provided by the board authorizing the board to complete a
11.21criminal background check;
11.22    (3) attested on a form provided by the board that the applicant has completed the
11.23requirements for a baccalaureate or graduate degree in social work; and
11.24    (4) has not engaged in conduct that was or would be in violation of the standards
11.25of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
11.26conduct that was or would be in violation of the standards of practice, the board may take
11.27action according to sections 148E.255 to 148E.270.
11.28(b) A temporary license issued under this subdivision expires after 12 months.
11.29EFFECTIVE DATE.This section is effective August 1, 2012.

11.30    Sec. 9. Minnesota Statutes 2010, section 148E.060, subdivision 5, is amended to read:
11.31    Subd. 5. Temporary license term. (a) A temporary license is valid until expiration,
11.32or until the board issues or denies the license according to section 148E.055, or until
12.1the board revokes the temporary license, whichever comes first. A temporary license is
12.2nonrenewable.
12.3    (b) A temporary license issued according to subdivision 1 or 2 expires after six
12.4months.
12.5    (c) A temporary license issued according to subdivision 3 expires after 12 months.
12.6EFFECTIVE DATE.This section is effective August 1, 2011.

12.7    Sec. 10. Minnesota Statutes 2010, section 148E.065, subdivision 2, is amended to read:
12.8    Subd. 2. Students. An internship, externship, or any other social work experience
12.9that is required for the completion of an accredited program of social work does not
12.10constitute the practice of social work under this chapter. Students exempted under this
12.11section may use the title "social work intern."
12.12EFFECTIVE DATE.This section is effective August 1, 2012.

12.13    Sec. 11. Minnesota Statutes 2010, section 148E.065, subdivision 4, is amended to read:
12.14    Subd. 4. City, county, and state agency social workers. The licensure of city,
12.15county, and state agency social workers is voluntary. City, county, and state agencies
12.16employing social workers are not required to employ licensed social workers.
12.17This subdivision expires July 1, 2016.
12.18EFFECTIVE DATE.This section is effective August 1, 2012.

12.19    Sec. 12. Minnesota Statutes 2010, section 148E.065, is amended by adding a
12.20subdivision to read:
12.21    Subd. 4a. City, county, and state social workers. (a) Beginning July 1, 2016, the
12.22licensure of city, county, and state agency social workers is voluntary, except an individual
12.23who is newly employed by a city or state agency after July 1, 2016, must be licensed
12.24if the individual who provides social work services, as those services are defined in
12.25section 148E.010, subdivision 11, paragraph (b), is presented to the public by any title
12.26incorporating the words "social work" or "social worker."
12.27(b) City, county, and state agencies employing social workers are not required to
12.28employ licensed social workers.
12.29EFFECTIVE DATE.This section is effective July 1, 2012.

12.30    Sec. 13. Minnesota Statutes 2010, section 148E.065, subdivision 5, is amended to read:
13.1    Subd. 5. Tribes and private nonprofit agencies; voluntary licensure. The
13.2licensure of social workers who are employed by federally recognized tribes, or by private
13.3nonprofit agencies whose primary service focus addresses ethnic minority populations,
13.4and who are themselves members of ethnic minority populations within those agencies, is
13.5voluntary.
13.6This subdivision expires July 1, 2016.
13.7EFFECTIVE DATE.This section is effective August 1, 2012.

13.8    Sec. 14. Minnesota Statutes 2010, section 148E.065, is amended by adding a
13.9subdivision to read:
13.10    Subd. 5a. Tribes and private nonprofit agencies; voluntary licensure. (a) The
13.11licensure of social workers who are employed by federally recognized tribes is voluntary.
13.12(b) The licensure of private, nonprofit, nontribal agency social workers whose
13.13primary service focus addresses ethnic minority populations, and who are themselves
13.14members of ethnic minority populations within those agencies, is voluntary until July 1,
13.152016, when newly employed individuals who practice social work must be licensed as
13.16required under section 148E.055, subdivision 1.
13.17EFFECTIVE DATE.This section is effective July 1, 2012.

13.18    Sec. 15. Minnesota Statutes 2010, section 148E.120, is amended to read:
13.19148E.120 REQUIREMENTS OF SUPERVISORS.
13.20    Subdivision 1. Supervisors licensed as social workers. (a) Except as provided in
13.21paragraph (d) subdivision 2, to be eligible to provide supervision under this section, a
13.22social worker must:
13.23    (1) have completed 30 hours of training in supervision through coursework from
13.24an accredited college or university, or through continuing education in compliance with
13.25sections 148E.130 to 148E.170;
13.26    (2) be competent in the activities being supervised; and
13.27    (3) attest, on a form provided by the board, that the social worker has met the
13.28applicable requirements specified in this section and sections 148E.100 to 148E.115. The
13.29board may audit the information provided to determine compliance with the requirements
13.30of this section.
13.31(b) A licensed independent clinical social worker providing clinical licensing
13.32supervision to a licensed graduate social worker or a licensed independent social worker
13.33must have at least 2,000 hours of experience in authorized social work practice, including
14.11,000 hours of experience in clinical practice after obtaining a licensed independent
14.2clinical social worker license.
14.3(c) A licensed social worker, licensed graduate social worker, licensed independent
14.4social worker, or licensed independent clinical social worker providing nonclinical
14.5licensing supervision must have completed the supervised practice requirements specified
14.6in section 148E.100, 148E.105, 148E.106, 148E.110, or 148E.115, as applicable.
14.7    (d) If the board determines that supervision is not obtainable from an individual
14.8meeting the requirements specified in paragraph (a), the board may approve an alternate
14.9supervisor according to subdivision 2.
14.10    Subd. 2. Alternate supervisors. (a) The board may approve an alternate supervisor
14.11if: The board may approve an alternate supervisor as determined in this subdivision. The
14.12board shall approve up to 25 percent of the required supervision hours by a licensed mental
14.13health professional who is competent and qualified to provide supervision according to the
14.14mental health professional's respective licensing board, as established by section 245.462,
14.15subdivision 18, clauses (1) to (6), or 245.4871, subdivision 27, clauses (1) to (6).
14.16    (1) the board determines that supervision is not obtainable according to paragraph
14.17(b);
14.18    (2) the licensee requests in the supervision plan submitted according to section
14.19148E.125, subdivision 1, that an alternate supervisor conduct the supervision;
14.20    (3) the licensee describes the proposed supervision and the name and qualifications
14.21of the proposed alternate supervisor; and
14.22    (4) the requirements of paragraph (d) are met.
14.23    (b) The board may determine that supervision is not obtainable if:
14.24    (1) the licensee provides documentation as an attachment to the supervision plan
14.25submitted according to section 148E.125, subdivision 1, that the licensee has conducted a
14.26thorough search for a supervisor meeting the applicable licensure requirements specified
14.27in sections 148E.100 to 148E.115;
14.28    (2) the licensee demonstrates to the board's satisfaction that the search was
14.29unsuccessful; and
14.30    (3) the licensee describes the extent of the search and the names and locations of
14.31the persons and organizations contacted.
14.32    (c) The requirements specified in paragraph (b) do not apply to obtaining licensing
14.33supervision for social work practice if the board determines that there are five or fewer
14.34supervisors meeting the applicable licensure requirements in sections 148E.100 to
14.35148E.115 in the county where the licensee practices social work.
14.36    (d) An alternate supervisor must:
15.1    (1) be an unlicensed social worker who is employed in, and provides the supervision
15.2in, a setting exempt from licensure by section 148E.065, and who has qualifications
15.3equivalent to the applicable requirements specified in sections 148E.100 to 148E.115;
15.4    (2) be a social worker engaged in authorized practice in Iowa, Manitoba, North
15.5Dakota, Ontario, South Dakota, or Wisconsin, and has the qualifications equivalent to the
15.6applicable requirements specified in sections 148E.100 to 148E.115; or
15.7    (3) be a licensed marriage and family therapist or a mental health professional
15.8as established by section 245.462, subdivision 18, or 245.4871, subdivision 27, or an
15.9equivalent mental health professional, as determined by the board, who is licensed or
15.10credentialed by a state, territorial, provincial, or foreign licensing agency.
15.11    (e) In order to qualify to provide clinical supervision of a licensed graduate social
15.12worker or licensed independent social worker engaged in clinical practice, the alternate
15.13supervisor must be a mental health professional as established by section 245.462,
15.14subdivision 18
, or 245.4871, subdivision 27, or an equivalent mental health professional,
15.15as determined by the board, who is licensed or credentialed by a state, territorial,
15.16provincial, or foreign licensing agency.
15.17(b) The board shall approve up to 100 percent of the required supervision hours by
15.18an alternate supervisor if the board determines that:
15.19(1) there are five or fewer supervisors in the county where the licensee practices
15.20social work who meet the applicable licensure requirements in subdivision 1;
15.21(2) the supervisor is an unlicensed social worker who is employed in, and provides
15.22the supervision in, a setting exempt from licensure by section 148E.065, and who has
15.23qualifications equivalent to the applicable requirements specified in sections 148E.100 to
15.24148E.115;
15.25(3) the supervisor is a social worker engaged in authorized social work practice
15.26in Iowa, Manitoba, North Dakota, Ontario, South Dakota, or Wisconsin, and has the
15.27qualifications equivalent to the applicable requirements in sections 148E.100 to 148E.115;
15.28or
15.29(4) the applicant or licensee is engaged in nonclinical authorized social work
15.30practice outside of Minnesota and the supervisor meets the qualifications equivalent to
15.31the applicable requirements in sections 148E.100 to 148E.115, or the supervisor is an
15.32equivalent mental health professional, as determined by the board, who is credentialed by
15.33a state, territorial, provincial, or foreign licensing agency; or
15.34(5) the applicant or licensee is engaged in clinical authorized social work practice
15.35outside of Minnesota and the supervisor meets qualifications equivalent to the applicable
15.36requirements in section 148E.115, or the supervisor is an equivalent mental health
16.1professional as determined by the board, who is credentialed by a state, territorial,
16.2provincial, or foreign licensing agency.
16.3(c) In order for the board to consider an alternate supervisor under this section,
16.4the licensee must:
16.5(1) request in the supervision plan and verification submitted according to section
16.6148E.125, that an alternate supervisor conduct the supervision; and
16.7(2) describe the proposed supervision and the name and qualifications of the
16.8proposed alternate supervisor. The board may audit the information provided to determine
16.9compliance with the requirements of this section.
16.10EFFECTIVE DATE.This section is effective August 1, 2012.

16.11    Sec. 16. Minnesota Statutes 2010, section 148E.195, subdivision 2, is amended to read:
16.12    Subd. 2. Representations. (a) No applicant or other individual may be represented
16.13to the public by any title incorporating the words "social work" or "social worker" unless
16.14the individual holds a license according to sections 148E.055 and 148E.060 or practices in
16.15a setting exempt from licensure according to section 148E.065.
16.16    (b) In all professional use of a social worker's name, the social worker must use
16.17the license designation "LSW" or "licensed social worker" for a licensed social worker,
16.18"LGSW" or "licensed graduate social worker" for a licensed graduate social worker,
16.19"LISW" or "licensed independent social worker" for a licensed independent social worker,
16.20or "LICSW" or "licensed independent clinical social worker" for a licensed independent
16.21clinical social worker.
16.22    (c) Public statements or advertisements must not be untruthful, misleading, false,
16.23fraudulent, deceptive, or potentially exploitative of clients, former clients, interns,
16.24students, supervisees, or the public.
16.25    (d) A social worker must not:
16.26    (1) use licensure status as a claim, promise, or guarantee of successful service;
16.27    (2) obtain a license by cheating or employing fraud or deception;
16.28    (3) make false statements or misrepresentations to the board or in materials
16.29submitted to the board; or
16.30    (4) engage in conduct that has the potential to deceive or defraud a social work
16.31client, intern, student, supervisee, or the public.
16.32(e) This subdivision expires July 1, 2016.
16.33EFFECTIVE DATE.This section is effective August 1, 2012.

17.1    Sec. 17. Minnesota Statutes 2010, section 148E.195, is amended by adding a
17.2subdivision to read:
17.3    Subd. 2a. Representations. Effective July 1, 2016:
17.4(a) No applicant or other individual may be represented to the public by any title
17.5incorporating the words "social work" or "social worker" unless the individual is employed
17.6by a county or holds a license according to this chapter.
17.7(b) In all professional use of a social worker's name, the social worker must use
17.8the license designation "LSW" or "licensed social worker" for a licensed social worker,
17.9"LGSW" or "licensed graduate social worker" for a licensed graduate social worker,
17.10"LISW" or "licensed independent social worker" for a licensed independent social worker,
17.11or "LICSW" or "licensed independent clinical social worker" for a licensed independent
17.12clinical social worker.
17.13(c) Public statements or advertisements must not be untruthful, misleading, false,
17.14fraudulent, deceptive, or potentially exploitative of clients, former clients, interns,
17.15students, supervisees, or the public.
17.16(d) A social worker must not:
17.17(1) use licensure status as a claim, promise, or guarantee of successful service;
17.18(2) obtain a license by cheating or employing fraud or deception;
17.19(3) make false statements or misrepresentations to the board or in materials
17.20submitted to the board; or
17.21(4) engage in conduct that has the potential to deceive or defraud a social work
17.22client, intern, student, supervisee, or the public.
17.23EFFECTIVE DATE.This section is effective July 1, 2012.

17.24    Sec. 18. Minnesota Statutes 2010, section 148E.280, is amended to read:
17.25148E.280 USE OF TITLES.
17.26    (a) No individual may be presented to the public by any title incorporating the words
17.27"social work" or "social worker" or in the titles in section 148E.195, unless that individual
17.28holds a license under sections 148E.055 and 148E.060, or practices in a setting exempt
17.29from licensure under section 148E.065.
17.30This paragraph expires July 1, 2016.
17.31(b) Effective July 1, 2016, no individual may be presented to the public by any
17.32title incorporating the words "social work" or "social worker" or in the titles in section
17.33148E.195, unless that individual is employed by a county or holds a license under this
17.34chapter.
18.1EFFECTIVE DATE.This section is effective August 1, 2012.

18.2    Sec. 19. REPEALER.
18.3Minnesota Statutes 2010, section 148E.065, subdivision 3, is repealed August 1,
18.42011.

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