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Minnesota Legislature

Office of the Revisor of Statutes

HF 1745

3rd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:54am

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

Current Version - 3rd Engrossment

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A bill for an act
relating to health; requiring the commissioner of health to enroll pharmacies
or pharmacists in the pediatric vaccine administration program; changing the
age requirement for pharmacists administering influenza vaccines; changing
certain requirements; modifying provisions in health occupations for speech
language pathologists and occupational therapists; expanding definition of
licensed health care professional; changing provisions for food, beverage, and
lodging establishments; requiring the Department of Health to use rules and
guidelines from the federal government to implement the minimum data set
for resident reimbursement classification; establishing fees; changing licensing
provisions for social work; amending Minnesota Statutes 2008, sections 148.512,
subdivision 13; 148.5193, subdivision 6a; 148.5194, subdivisions 2, 3, 7;
148.6402, subdivisions 13, 22a; 148.6405; 148.6440, subdivision 2; 148D.010,
subdivisions 9, 15, by adding subdivisions; 148D.025, subdivisions 2, 3;
148D.061, subdivisions 6, 8; 148D.062, subdivision 2; 148D.063, subdivision
2; 148D.125, subdivisions 1, 3; 148E.010, subdivisions 11, 17, by adding
subdivisions; 148E.025, subdivisions 2, 3; 148E.055, subdivision 5; 148E.100,
subdivisions 3, 4, 5, 6, 7, by adding a subdivision; 148E.105, subdivisions 1, 3, 5,
7, by adding a subdivision; 148E.106, subdivisions 1, 2, 3, 4, 5, 8, 9, by adding
a subdivision; 148E.110, subdivisions 1, 2, by adding subdivisions; 148E.115,
subdivision 1, by adding a subdivision; 148E.120; 148E.125, subdivisions 1, 3;
148E.130, subdivisions 2, 5, by adding a subdivision; 148E.165, subdivision
1; 151.01, subdivision 27; 157.16, subdivisions 2, 4; 214.103, subdivision 9;
proposing coding for new law in Minnesota Statutes, chapter 145; repealing
Minnesota Statutes 2008, sections 148D.062, subdivision 5; 148D.125,
subdivision 2; 148D.180, subdivision 8; 148E.106, subdivision 6; 148E.125,
subdivision 2; Minnesota Rules, parts 4610.0420; 4610.0500, subparts 1, 2, 3, 5;
4610.0600, subparts 1, 3, 4; 4610.0650.

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

ARTICLE 1

HEALTH-RELATED PROVISIONS

Section 1.

new text begin [145.58] PEDIATRIC VACCINE ADMINISTRATION.
new text end

new text begin The commissioner of health shall enroll a licensed pharmacy or individual
pharmacist as a program-registered provider in the pediatric vaccine administration
program under section 13631 of the federal Omnibus Budget Reconciliation Act of 1993,
Public Law 103-66, based on the program's infrastructure capacity to enroll the additional
pharmacy providers in the program.
new text end

Sec. 2.

new text begin [145.987] HEALTHY CHILDREN THROUGH IMMUNIZATION.
new text end

new text begin Pharmacies and pharmacists providing immunizations to children under private
insurance or fee-for-service arrangements prior to June 1, 2009, that are not enrolled
in the pediatric vaccine administration program under section 13631 of the federal
Omnibus Budget Reconciliation Act of 1993, Public Law 103-66, must discontinue
immunization services to children under private insurance or fee-for-service arrangements
after December 31, 2009.
new text end

Sec. 3.

Minnesota Statutes 2008, section 148.512, subdivision 13, is amended to read:


Subd. 13.

Practice of speech-language pathology.

The "practice of
speech-language pathology" means:

(1) identification, assessment, and interpretation, diagnosis, habilitation,
rehabilitation, treatment and prevention of disorders of speech, articulation, fluency, voice,
and language;

(2) identification, assessment, and interpretation, diagnosis, habilitation, and
rehabilitation of disorders of oral-pharyngeal function and related disorders;

(3) identification, assessment, and interpretation, diagnosis, habilitation, and
rehabilitation of communication disorders associated with cognition;

(4) assessing, selecting, and developing augmentative and alternative communication
systems and providing training in their use;

(5) aural habilitation and rehabilitation and related counseling for hearing impaired
individuals and their families;

(6) enhancing speech-language proficiency and communication effectiveness;

(7) deleted text beginaudiometricdeleted text end screeningnew text begin individuals for hearing loss or middle ear pathologynew text end for
the purposes of speech-language evaluation or for the identification of possible hearing
disorders; or

(8) supervision of the functions in clauses (1) to (7).

The practice of speech-language pathology does not include the practice of medicine
and surgery, or osteopathic medicine and surgery, or medical diagnosis that is commonly
performed by a physician.

Sec. 4.

Minnesota Statutes 2008, section 148.5193, subdivision 6a, is amended to read:


Subd. 6a.

deleted text beginVerification of attendancedeleted text endnew text begin Auditing continuing education reportsnew text end.

deleted text begin An
applicant for licensure renewal must submit verification of attendance as follows:
deleted text end

deleted text begin (1) a certificate of attendance from the sponsor with the continuing education course
name, course date, and licensee's name. If a certificate of attendance is not available,
the commissioner may accept other evidence of attendance such as a confirmation or
statement of registration for regional or national annual conferences or conventions of
professional associations, a copy of the continuing education courses indicating those
attended, and an affidavit of attendance;
deleted text end

deleted text begin (2) a copy of a record of attendance from the sponsor of the continuing education
course;
deleted text end

deleted text begin (3) a signature of the presenter or a designee at the continuing education activity
on the continuing education report form;
deleted text end

deleted text begin (4) a summary or outline of the educational content of an audio or video educational
activity if a designee is not available to sign the continuing education report form;
deleted text end

deleted text begin (5) for self-study programs, a certificate of completion or other documentation
indicating that the individual has demonstrated knowledge and has successfully completed
the program; or
deleted text end

deleted text begin (6) for attendance at a university, college, or vocational course, an official transcript. deleted text end new text begin
(a) The commissioner may audit a percentage of the continuing education reports based on
random selection. A licensee shall maintain all documentation required by this section
for two years after the last day of the biennial licensure period in which the contact
hours were earned.
new text end

new text begin (b) All renewal applications that are received after the expiration date may be subject
to a continuing education report audit.
new text end

new text begin (c) Any licensee against whom a complaint is filed may be subject to a continuing
education report audit.
new text end

new text begin (d) The licensee shall make the following information available to the commissioner
for auditing purposes:
new text end

new text begin (1) a copy of the completed continuing education report form for the continuing
education reporting period that is the subject of the audit including all supporting
documentation required by subdivision 5;
new text end

new text begin (2) a description of the continuing education activity prepared by the presenter or
sponsor that includes the course title or subject matter, date, place, number of program
contact hours, presenters, and sponsors;
new text end

new text begin (3) documentation of self-study programs by materials prepared by the presenter
or sponsor that includes the course title, course description, name of sponsor or author,
and the number of hours required to complete the program;
new text end

new text begin (4) documentation of university, college, or vocational school courses by a course
syllabus, listing in a course bulletin, or equivalent documentation that includes the course
title, instructor's name, course dates, number of contact hours, and course content,
objectives, or goals; and
new text end

new text begin (5) verification of attendance by:
new text end

new text begin (i) a signature of the presenter or a designee at the continuing education activity on
the continuing education report form or a certificate of attendance with the course name,
course date, and licensee's name;
new text end

new text begin (ii) a summary or outline of the educational content of an audio or video educational
activity to verify the licensee's participation in the activity if a designee is not available to
sign the continuing education report form;
new text end

new text begin (iii) verification of self-study programs by a certificate of completion or other
documentation indicating that the individual has demonstrated knowledge and has
successfully completed the program; or
new text end

new text begin (iv) verification of attendance at a university, college, or vocational course by an
official transcript.
new text end

Sec. 5.

Minnesota Statutes 2008, section 148.5194, subdivision 2, is amended to read:


Subd. 2.

new text beginSpeech-language pathologistnew text endnew text begin new text endbiennial licensure fee.

The fee for initial
licensure and biennial licensure, clinical fellowship licensure, temporary licensure, or
renewal new text beginfor a speech-language pathologistnew text endnew text begin new text endis $200.

Sec. 6.

Minnesota Statutes 2008, section 148.5194, subdivision 3, is amended to read:


Subd. 3.

Biennial licensure fee for dual licensure as a speech-language
pathologist and audiologist.

The fee for initial licensure and biennial licensure, clinical
fellowship licensure, doctoral externship, temporary license, or renewal is deleted text begin$200deleted text endnew text begin $435new text end.

Sec. 7.

Minnesota Statutes 2008, section 148.5194, subdivision 7, is amended to read:


Subd. 7.

Audiologist deleted text beginsurchargedeleted text endnew text begin biennial licensurenew text end fee.

(a) The biennial deleted text beginsurchargedeleted text endnew text begin
licensure
new text end fee for audiologists deleted text beginis $235. The commissioner shall prorate the feedeleted text end for
clinical fellowship, doctoral externship, temporary, deleted text beginand first timedeleted text endnew text begin initial applicants and
renewal
new text end licensees deleted text beginaccording to the number of months that have elapsed between the date
the license is issued and the date the license expires or must be renewed under section
148.5191, subdivision 4
deleted text endnew text begin is $435new text end.

(b) The audiologist deleted text beginsurchargedeleted text end fee is for practical examination costs greater than
audiologist exam fee receipts and new text beginfor new text endcomplaint investigation, enforcement action
and consumer informationdeleted text begin,deleted text end and assistance expenditures related to hearing instrument
dispensing.

Sec. 8.

Minnesota Statutes 2008, section 148.6402, subdivision 13, is amended to read:


Subd. 13.

Licensed health care professional.

"Licensed health care professional"
means a person licensed in good standing in Minnesota to practice medicine, osteopathy,
chiropractic, podiatry,new text begin advanced practice registered nursing,new text end or dentistrynew text begin, or is a person
registered as a physician assistant in Minnesota
new text end.

Sec. 9.

Minnesota Statutes 2008, section 148.6402, subdivision 22a, is amended to
read:


Subd. 22a.

Limited license.

"Limited license" means a license issued according
to section 148.6425, subdivision 3, paragraph (c), to persons who deleted text beginhave allowed their
license to lapse
deleted text end for deleted text beginfourdeleted text endnew text begin twonew text end years or more deleted text beginanddeleted text end new text begindid not apply for a license after meeting
the requirements in section 148.6408 or 148.6410 or
new text endwho deleted text beginchoose a supervised practice
as the method for renewing their license status
deleted text endnew text begin allowed their license to lapse for four
years or more
new text end.

Sec. 10.

Minnesota Statutes 2008, section 148.6405, is amended to read:


148.6405 LICENSURE APPLICATION REQUIREMENTS: PROCEDURES
AND QUALIFICATIONS.

(a) An applicant for licensure must comply with the application requirements
in section 148.6420. To qualify for licensure, an applicant must satisfy one of the
requirements in paragraphs (b) to (f) and not be subject to denial of licensure under
section 148.6448.

(b) A person who applies for licensure as an occupational therapist and who has not
been credentialed by the National Board for Certification in Occupational Therapy or
another jurisdiction must meet the requirements in section 148.6408.

(c) A person who applies for licensure as an occupational therapy assistant and who
has not been credentialed by the National Board for Certification in Occupational Therapy
or another jurisdiction must meet the requirements in section 148.6410.

(d) A person who is certified by the National Board for Certification in Occupational
Therapy may apply for licensure by equivalency and must meet the requirements in
section 148.6412.

(e) A person who is credentialed in another jurisdiction may apply for licensure by
reciprocity and must meet the requirements in section 148.6415.

(f) A person who applies for temporary licensure must meet the requirements in
section 148.6418.

new text begin (g) A person who applies for licensure under paragraph (b), (c), or (f), more than two
and less than four years after meeting the requirements in section 148.6408 or 148.6410
must submit the following:
new text end

new text begin (1) a completed and signed application for licensure on forms provided by the
commissioner;
new text end

new text begin (2) the license application fee required under section 148.6445;
new text end

new text begin (3) if applying for occupational therapist licensure, proof of having met a minimum
of 24 contact hours of continuing education in the two years preceding licensure
application, or if applying for occupational therapy assistant licensure, proof of having
met a minimum of 18 contact hours of continuing education in the two years preceding
licensure application;
new text end

new text begin (4) verified documentation of successful completion of 160 hours of supervised
practice approved by the commissioner under a limited license specified in section
148.6425, subdivision 3, paragraph (c); and
new text end

new text begin (5) additional information as requested by the commissioner to clarify information
in the application, including information to determine whether the individual has engaged
in conduct warranting disciplinary action under section 148.6448. The information must
be submitted within 30 days after the commissioner's request.
new text end

new text begin (h) A person who applied for licensure under paragraph (b), (c), or (f), four years
or more after meeting the requirements in section 148.6408 or 148.6410 must meet
all the requirements in paragraph (g) except items (3) and (4), submit documentation
of having retaken and passed the credentialing examination for occupational therapist
or occupational therapy assistant, or of having completed an occupational therapy
refresher program that contains both a theoretical and clinical component approved by
the commissioner, and verified documentation of successful completion of 480 hours of
supervised practice approved by the commissioner under a limited license specified in
section 148.6425, subdivision 3, paragraph (c). Only refresher courses completed within
one year prior to date of application qualify for approval.
new text end

Sec. 11.

Minnesota Statutes 2008, section 148.6440, subdivision 2, is amended to read:


Subd. 2.

Written documentation required.

new text begin(a) new text endAn occupational therapist must
provide to the commissioner documentation verifying that the occupational therapist
has met the educational and clinical requirements described in subdivisions 3 to 5,
depending on the modality or modalities to be used. Both theoretical training and clinical
application objectives must be met for each modality used. Documentation must include
the name and address of the individual or organization sponsoring the activity; the
name and address of the facility at which the activity was presented; and a copy of the
course, workshop, or seminar description, including learning objectives and standards
for meeting the objectives. In the case of clinical application objectives, teaching
methods must be documented, including actual supervised practice. Documentation must
include a transcript or certificate showing successful completion of the coursework.
new text begin Coursework completed more than two years prior to date of application must be retaken.
new text endAn occupational therapist who is a certified hand therapist shall document satisfaction
of the requirements in subdivisions 3 to 5 by submitting to the commissioner a copy of
a certificate issued by the Hand Therapy Certification Commission. Practitioners are
prohibited from using physical agent modalities under supervision or independently until
granted approval as provided in subdivision 7new text begin, except under the provisions in paragraph
(b)
new text end.

new text begin (b) If a practitioner has successfully completed a specific course previously reviewed
and approved by the commissioner as provided for in subdivision 7, and has submitted the
written documentation required in paragraph (a) within 30 calendar days from the course
date, the practitioner awaiting written approval from the commissioner may use physical
agent modalities under the supervision of a practitioner listed on the roster of persons
approved to use physical agent modalities.
new text end

Sec. 12.

Minnesota Statutes 2008, section 151.01, subdivision 27, is amended to read:


Subd. 27.

Practice of pharmacy.

"Practice of pharmacy" means:

(1) interpretation and evaluation of prescription drug orders;

(2) compounding, labeling, and dispensing drugs and devices (except labeling by
a manufacturer or packager of nonprescription drugs or commercially packaged legend
drugs and devices);

(3) participation in clinical interpretations and monitoring of drug therapy for
assurance of safe and effective use of drugs;

(4) participation in drug and therapeutic device selection; drug administration for
first dosage and medical emergencies; drug regimen reviews; and drug or drug-related
research;

(5) participation in administration of influenza vaccines to all eligible individuals
deleted text begin overdeleted text end ten years of age new text beginand older new text endand all other vaccines to patients 18 years of age and
older under standing orders from a physician licensed under chapter 147 or by written
protocol with a physician provided that:

(i) the pharmacist is trained in a program approved by the American Council of
Pharmaceutical Education for the administration of immunizations or graduated from a
college of pharmacy in 2001 or thereafter; and

(ii) the pharmacist reports the administration of the immunization to the patient's
primary physician or clinic;

(6) participation in the practice of managing drug therapy and modifying drug
therapy, according to section 151.21, subdivision 1, according to a written protocol
between the specific pharmacist and the individual dentist, optometrist, physician,
podiatrist, or veterinarian who is responsible for the patient's care and authorized to
independently prescribe drugs. Any significant changes in drug therapy must be reported
by the pharmacist to the patient's medical record;

(7) participation in the storage of drugs and the maintenance of records;

(8) responsibility for participation in patient counseling on therapeutic values,
content, hazards, and uses of drugs and devices; and

(9) offering or performing those acts, services, operations, or transactions necessary
in the conduct, operation, management, and control of a pharmacy.

Sec. 13.

Minnesota Statutes 2008, section 157.16, subdivision 2, is amended to read:


Subd. 2.

License renewal.

Initial and renewal licenses for all food and beverage
service establishments, hotels, motels, lodging establishments, public pools, and resorts
shall be issued deleted text beginfor the calendar year for which application is made and shall expire on
December 31 of such year
deleted text endnew text begin on an annual basisnew text end. Any person who operates a place of
business after the expiration date of a license or without having submitted an application
and paid the fee shall be deemed to have violated the provisions of this chapter and shall
be subject to enforcement action, as provided in the Health Enforcement Consolidation
Act, sections 144.989 to 144.993. In addition, a penalty of $50 shall be added to the total
of the license fee for any food and beverage service establishment operating without a
license as a mobile food unit, a seasonal temporary or seasonal permanent food stand, or a
special event food stand, and a penalty of $100 shall be added to the total of the license fee
for all restaurants, food carts, hotels, motels, lodging establishments, public pools, and
resorts operating without a license for a period of up to 30 days. A late fee of $300 shall be
added to the license fee for establishments operating more than 30 days without a license.

Sec. 14.

Minnesota Statutes 2008, section 157.16, subdivision 4, is amended to read:


Subd. 4.

Posting requirements.

Every food and beverage service establishment,
hotel, motel, lodging establishment, public pool, or resort must have the license posted
in a conspicuous place at the establishment. new text beginMobile food units, food carts, and seasonal
temporary food stands shall be issued decals with the initial license and each calendar year
with license renewals. The current license year decal must be placed on the unit or stand
in a location determined by the commissioner. Decals are not transferable.
new text end

Sec. 15.

Minnesota Statutes 2008, section 214.103, subdivision 9, is amended to read:


Subd. 9.

Information to complainant.

A board shall furnish to a person who
made a complaint a written description of the board's complaint process, and actions of
the board relating to the complaint. deleted text beginThe written notice from the board must advise the
complainant of the right to appeal the board's decision to the attorney general within
30 days of receipt of the notice.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009.
new text end

Sec. 16. new text beginMINIMUM DATA SET, VERSION 3.0.
new text end

new text begin The commissioner of health shall implement the minimum data set, version 3.0
(MDS 3.0) for the resident reimbursement classification in Minnesota Statutes, section
144.0724, using the rules and guidelines when they are published by the United States
Department of Health and Human Services, Centers for Medicare and Medicaid Services.
Implementation of MDS 3.0 must correspond to the implementation times specified in the
federal requirements. The commissioners of health and human services shall establish
procedures for the transition from resource utilization groups (RUGs) to MDS 3.0 for
resident reimbursement classification.
new text end

Sec. 17. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber Minnesota Statutes, section 43A.312, as
62J.63 and make any cross-reference changes in Minnesota Statutes.
new text end

Sec. 18. new text begin REPEALER.
new text end

new text begin Minnesota Rules, parts 4610.0420; 4610.0500, subparts 1, 2, 3, and 5; 4610.0600,
subparts 1, 3, and 4; and 4610.0650,
new text end new text begin are repealed July 1, 2009.
new text end

ARTICLE 2

AMENDMENTS TO CURRENT LICENSING STATUTE

Section 1.

Minnesota Statutes 2008, section 148D.010, is amended by adding a
subdivision to read:


new text begin Subd. 6a. new text end

new text begin Clinical supervision. new text end

new text begin "Clinical supervision" means supervision, as
defined in subdivision 16, of a social worker engaged in clinical practice, as defined in
subdivision 6.
new text end

Sec. 2.

Minnesota Statutes 2008, section 148D.010, is amended by adding a
subdivision to read:


new text begin Subd. 6b. new text end

new text begin Graduate degree. new text end

new text begin "Graduate degree" means a master's 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 body designated by the
board, or a doctorate in social work from an accredited university.
new text end

Sec. 3.

Minnesota Statutes 2008, section 148D.010, subdivision 9, is amended to read:


Subd. 9.

Practice of social work.

new text begin(a) new text end"Practice of social work" means working
to maintain, restore, or improve behavioral, cognitive, emotional, mental, or social
functioning of clients, in a manner that applies accepted professional social work
knowledge, skills, and values, including the person-in-environment perspective, by
providing in person or through telephone, video conferencing, or electronic means one or
more of the social work services described in new text beginparagraph (b), new text endclauses (1) to (3). Social work
services may address conditions that impair or limit behavioral, cognitive, emotional,
mental, or social functioning. Such conditions include, but are not limited to, the
following: abuse and neglect of children or vulnerable adults, addictions, developmental
disorders, disabilities, discrimination, illness, injuries, poverty, and trauma.new text begin Practice
of social work also means providing social work services in a position for which the
educational basis is the individual's degree in social work described in subdivision 13.
new text end

new text begin (b)new text end Social work services include:

(1) providing assessment and intervention through direct contact with clients,
developing a plan based on information from an assessment, and providing services which
include, but are not limited to, assessment, case management, client-centered advocacy,
client education, consultation, counseling, crisis intervention, and referral;

(2) providing for the direct or indirect benefit of clients through administrative,
educational, policy, or research services including, but not limited to:

(i) advocating for policies, programs, or services to improve the well-being of clients;

(ii) conducting research related to social work services;

(iii) developing and administering programs which provide social work services;

(iv) engaging in community organization to address social problems through
planned collective action;

(v) supervising individuals who provide social work services to clients;

(vi) supervising social workers in order to comply with the supervised practice
requirements specified in sections 148D.100 to 148D.125; and

(vii) teaching professional social work knowledge, skills, and values to students; and

(3) engaging in clinical practice.

Sec. 4.

Minnesota Statutes 2008, section 148D.010, subdivision 15, is amended to read:


Subd. 15.

Supervisee.

"Supervisee" means an individual provided evaluation and
supervision or direction by deleted text begina social workerdeleted text endnew text begin an individual who meets the requirements of
section 148D.120
new text end.

Sec. 5.

Minnesota Statutes 2008, section 148D.010, is amended by adding a
subdivision to read:


new text begin Subd. 17. new text end

new text begin Supervisor. new text end

new text begin "Supervisor" means an individual who provides evaluation
and direction through supervision as specified in subdivision 16, in order to comply with
sections 148D.100 to 148D.125.
new text end

Sec. 6.

Minnesota Statutes 2008, section 148D.025, subdivision 2, is amended to read:


Subd. 2.

Qualifications of board members.

(a) All social worker members must
have engaged in the practice of social work in Minnesota for at least one year during
the ten years preceding their appointments.

(b) Five social worker members must be licensed social workersnew text begin according to
section 148D.055, subdivision 2
new text end. The other five members must deleted text beginbedeleted text endnew text begin includenew text end a licensed
graduate social worker, a licensed independent social worker, deleted text beginor adeleted text endnew text begin and at least twonew text end licensed
independent clinical social deleted text beginworkerdeleted text endnew text begin workersnew text end.

(c) Eight social worker members must be engaged at the time of their appointment in
the practice of social work in Minnesota in the following settings:

(1) one member must be engaged in the practice of social work in a county agency;

(2) one member must be engaged in the practice of social work in a state agency;

(3) one member must be engaged in the practice of social work in an elementary,
middle, or secondary school;

(4) one member must be employed in a hospital or nursing home licensed under
chapter 144 or 144A;

(5) deleted text begintwo membersdeleted text endnew text begin one membernew text end must be engaged in the practice of social work in a
private agency;

(6) deleted text beginone memberdeleted text endnew text begin two membersnew text end must be engaged in the practice of social work in a
clinical social work setting; and

(7) one member must be an educator engaged in regular teaching duties at a
program of social work accredited by the Council on Social Work Education or a similar
accreditation body designated by the board.

(d) At the time of their appointments, at least six members must reside outside of the
deleted text begin seven-countydeleted text endnew text begin 11-countynew text end metropolitan area.

(e) At the time of their appointments, at least five members must be persons with
expertise in communities of color.

Sec. 7.

Minnesota Statutes 2008, section 148D.025, subdivision 3, is amended to read:


Subd. 3.

Officers.

The board must deleted text beginannuallydeleted text endnew text begin bienniallynew text end elect from its membership a
chair, vice-chair, and secretary-treasurer.

Sec. 8.

Minnesota Statutes 2008, section 148D.061, subdivision 6, is amended to read:


Subd. 6.

Evaluation by supervisor.

(a) After being issued a provisional license
under subdivision 1, the deleted text beginlicenseedeleted text endnew text begin licensee's supervisornew text end must submit an evaluation deleted text beginby the
licensee's supervisor
deleted text end every six months during the first 2,000 hours of social work practice.
The evaluation must meet the requirements in section 148D.063. The supervisor must
meet the eligibility requirements specified in section 148D.062.

(b) After completion of 2,000 hours of supervised social work practice, the licensee's
supervisor must submit a final evaluation and attest to the applicant's ability to engage in
the practice of social work deleted text beginsafely anddeleted text end competentlynew text begin and ethicallynew text end.

Sec. 9.

Minnesota Statutes 2008, section 148D.061, subdivision 8, is amended to read:


Subd. 8.

Disciplinary or other action.

The board may take action according to
sections 148D.260 to 148D.270 if:

(1) the licensee's supervisor does not submit an evaluation as required by section
deleted text begin 148D.062deleted text endnew text begin 148D.063new text end;

(2) an evaluation submitted according to section deleted text begin148D.062deleted text endnew text begin 148D.063new text end indicates that
the licensee cannot practice social work competently and deleted text beginsafelydeleted text endnew text begin ethicallynew text end; or

(3) the licensee does not comply with the requirements of subdivisions 1 to 7.

Sec. 10.

Minnesota Statutes 2008, section 148D.062, subdivision 2, is amended to read:


Subd. 2.

Practice requirements.

The supervision required by subdivision 1 must
be obtained during the first 2,000 hours of social work practice after the effective date of
the provisional license. At least three hours of supervision must be obtained during every
160 hours of practicenew text begin under a provisional license until a permanent license is issuednew text end.

Sec. 11.

Minnesota Statutes 2008, section 148D.063, subdivision 2, is amended to read:


Subd. 2.

Evaluation.

(a) When a deleted text beginsuperviseedeleted text endnew text begin licensee's supervisornew text end submits an
evaluation to the board according to section 148D.061, subdivision 6, the supervisee and
supervisor must provide the following information on a form provided by the board:

(1) the name of the supervisee, the name of the agency in which the supervisee is
being supervised, and the supervisee's position title;

(2) the name and qualifications of the supervisor;

(3) the number of hours and dates of each type of supervision completed;

(4) the supervisee's position description;

(5) a declaration that the supervisee has not engaged in conduct in violation of the
standards of practice in sections 148D.195 to 148D.240;

(6) a declaration that the supervisee has practiced competently and ethically
according to professional social work knowledge, skills, and values; and

(7) on a form provided by the board, an evaluation of the licensee's practice in
the following areas:

(i) development of professional social work knowledge, skills, and values;

(ii) practice methods;

(iii) authorized scope of practice;

(iv) ensuring continuing competence;

(v) ethical standards of practice; and

(vi) clinical practice, if applicable.

(b) The deleted text begininformation provided on the evaluation form must demonstratedeleted text end new text beginsupervisor
must attest to the satisfaction of the board
new text endthat the supervisee has met or has made progress
on meeting the applicable supervised practice requirements.

Sec. 12.

Minnesota Statutes 2008, section 148D.125, subdivision 1, is amended to read:


Subdivision 1.

Supervision plan.

(a) A social worker must submit, on a form
provided by the board, a supervision plan for meeting the supervision requirements
specified in sections 148D.100 to 148D.120.

(b) The supervision plan must be submitted no later than deleted text begin90deleted text endnew text begin 60new text end days after the
licensee begins a social work practice position after becoming licensed.

(c) For failure to submit the supervision plan within deleted text begin90deleted text endnew text begin 60new text end days after beginning a
social work practice position, a licensee must pay the supervision plan late fee specified in
section 148D.180 when the licensee applies for license renewal.

(d) A license renewal application submitted pursuant to section 148D.070,
subdivision 3
, must not be approved unless the board has received a supervision plan.

(e) The supervision plan must include the following:

(1) the name of the supervisee, the name of the agency in which the supervisee is
being supervised, and the supervisee's position title;

(2) the name and qualifications of the person providing the supervision;

(3) the number of hours of one-on-one in-person supervision and the number and
type of additional hours of supervision to be completed by the supervisee;

(4) the supervisee's position description;

(5) a brief description of the supervision the supervisee will receive in the following
content areas:

(i) clinical practice, if applicable;

(ii) development of professional social work knowledge, skills, and values;

(iii) practice methods;

(iv) authorized scope of practice;

(v) ensuring continuing competence; and

(vi) ethical standards of practice; and

(6) if applicable, a detailed description of the supervisee's clinical social work
practice, addressing:

(i) the client population, the range of presenting issues, and the diagnoses;

(ii) the clinical modalities that were utilized; and

(iii) the process utilized for determining clinical diagnoses, including the diagnostic
instruments used and the role of the supervisee in the diagnostic process. deleted text beginAn applicant for
licensure as a licensed professional clinical counselor must present evidence of completion
of a degree equivalent to that required in section 148B.5301, subdivision 1, clause (3).
deleted text end

(f) The board must receive a revised supervision plan within deleted text begin90deleted text endnew text begin 60new text end days of any
of the following changes:

(1) the supervisee has a new supervisor;

(2) the supervisee begins a new social work position;

(3) the scope or content of the supervisee's social work practice changes substantially;

(4) the number of practice or supervision hours changes substantially; or

(5) the type of supervision changes as supervision is described in section 148D.100,
subdivision 3
, or 148D.105, subdivision 3, or as required in section 148D.115, subdivision
4
.

(g) For failure to submit a revised supervision plan as required in paragraph (f), a
supervisee must pay the supervision plan late fee specified in section 148D.180, when
the supervisee applies for license renewal.

(h) The board must approve the supervisor and the supervision plan.

Sec. 13.

Minnesota Statutes 2008, section 148D.125, subdivision 3, is amended to read:


Subd. 3.

Verification of supervised practice.

(a) deleted text beginIn addition to receiving the
attestation required pursuant to subdivision 2,
deleted text end The board must receive verification of
supervised practice deleted text beginifdeleted text endnew text begin whennew text end:

(1) the deleted text beginboard audits the supervision of a superviseedeleted text endnew text begin licensee submits the license
renewal application form
new text end pursuant to section 148D.070, subdivision 3; or

(2) an applicant applies for a license as a licensed independent social worker or as a
licensed independent clinical social worker.

(b) When verification of supervised practice is required pursuant to paragraph (a),
the board must receive from the supervisor the following information on a form provided
by the board:

(1) the name of the supervisee, the name of the agency in which the supervisee is
being supervised, and the supervisee's position title;

(2) the name and qualifications of the supervisor;

(3) the number of hours and dates of each type of supervision completed;

(4) the supervisee's position description;

(5) a declaration that the supervisee has not engaged in conduct in violation of the
standards of practice specified in sections 148D.195 to 148D.240;

(6) a declaration that the supervisee has practiced ethically and competently in
accordance with professional social work knowledge, skills, and values;

(7) a list of the content areas in which the supervisee has received supervision,
including the following:

(i) clinical practice, if applicable;

(ii) development of professional social work knowledge, skills, and values;

(iii) practice methods;

(iv) authorized scope of practice;

(v) ensuring continuing competence; and

(vi) ethical standards of practice; and

(8) if applicable, a detailed description of the supervisee's clinical social work
practice, addressing:

(i) the client population, the range of presenting issues, and the diagnoses;

(ii) the clinical modalities that were utilized; and

(iii) the process utilized for determining clinical diagnoses, including the diagnostic
instruments used and the role of the supervisee in the diagnostic process.

(c) The information provided on the verification form must demonstrate to the board's
satisfaction that the supervisee has met the applicable supervised practice requirements.

Sec. 14. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 148D.062, subdivision 5; 148D.125, subdivision
2; and 148D.180, subdivision 8,
new text end new text begin are repealed.
new text end

Sec. 15. new text beginEFFECTIVE DATE.
new text end

new text begin This article is effective the day following final enactment.
new text end

ARTICLE 3

LICENSING STATUTE EFFECTIVE 2011

Section 1.

Minnesota Statutes 2008, section 148E.010, is amended by adding a
subdivision to read:


new text begin Subd. 5a. new text end

new text begin Client system. new text end

new text begin "Client system" means the client and those in the client's
environment who are potentially influential in contributing to a resolution of the client's
issues.
new text end

Sec. 2.

Minnesota Statutes 2008, section 148E.010, is amended by adding a subdivision
to read:


new text begin Subd. 7a. new text end

new text begin Direct clinical client contact. new text end

new text begin "Direct clinical client contact" means
in-person or electronic media interaction with a client, including client systems and
service providers, related to the client's mental and emotional functioning, differential
diagnosis, and treatment, in subdivision 6.
new text end

Sec. 3.

Minnesota Statutes 2008, section 148E.010, subdivision 11, is amended to read:


Subd. 11.

Practice of social work.

new text begin(a) new text end"Practice of social work" means working
to maintain, restore, or improve behavioral, cognitive, emotional, mental, or social
functioning of clients, in a manner that applies accepted professional social work
knowledge, skills, and values, including the person-in-environment perspective, by
providing in person or through telephone, video conferencing, or electronic means one or
more of the social work services described in new text beginparagraph (b), new text endclauses (1) to (3). Social work
services may address conditions that impair or limit behavioral, cognitive, emotional,
mental, or social functioning. Such conditions include, but are not limited to, the
following: abuse and neglect of children or vulnerable adults, addictions, developmental
disorders, disabilities, discrimination, illness, injuries, poverty, and trauma.new text begin Practice
of social work also means providing social work services in a position for which the
educational basis is the individual's degree in social work described in subdivision 13.
new text end

new text begin (b)new text end Social work services include:

(1) providing assessment and intervention through direct contact with clients,
developing a plan based on information from an assessment, and providing services which
include, but are not limited to, assessment, case management, client-centered advocacy,
client education, consultation, counseling, crisis intervention, and referral;

(2) providing for the direct or indirect benefit of clients through administrative,
educational, policy, or research services including, but not limited to:

(i) advocating for policies, programs, or services to improve the well-being of clients;

(ii) conducting research related to social work services;

(iii) developing and administering programs which provide social work services;

(iv) engaging in community organization to address social problems through
planned collective action;

(v) supervising individuals who provide social work services to clients;

(vi) supervising social workers in order to comply with the supervised practice
requirements specified in sections 148E.100 to 148E.125; and

(vii) teaching professional social work knowledge, skills, and values to students; and

(3) engaging in clinical practice.

Sec. 4.

Minnesota Statutes 2008, section 148E.010, subdivision 17, is amended to read:


Subd. 17.

Supervisee.

"Supervisee" means an individual provided evaluation and
supervision or direction by deleted text begina social workerdeleted text endnew text begin an individual who meets the requirements
under section 148E.120
new text end.

Sec. 5.

Minnesota Statutes 2008, section 148E.010, is amended by adding a subdivision
to read:


new text begin Subd. 19. new text end

new text begin Supervisor. new text end

new text begin "Supervisor" means an individual who provides evaluation
and direction through supervision as described in subdivision 18 in order to comply with
sections 148E.100 to 148E.125.
new text end

Sec. 6.

Minnesota Statutes 2008, section 148E.025, subdivision 2, is amended to read:


Subd. 2.

Qualifications of board members.

(a) All social worker members must
have engaged in the practice of social work in Minnesota for at least one year during
the ten years preceding their appointments.

(b) Five social worker members must be licensed social workersnew text begin under section
148E.055, subdivision 2
new text end. The other five members must deleted text beginbedeleted text endnew text begin includenew text end a licensed graduate
social worker, a licensed independent social worker, deleted text beginor adeleted text endnew text begin and at least twonew text end licensed
independent clinical social deleted text beginworkerdeleted text endnew text begin workersnew text end.

(c) Eight social worker members must be engaged at the time of their appointment in
the practice of social work in Minnesota in the following settings:

(1) one member must be engaged in the practice of social work in a county agency;

(2) one member must be engaged in the practice of social work in a state agency;

(3) one member must be engaged in the practice of social work in an elementary,
middle, or secondary school;

(4) one member must be employed in a hospital or nursing home licensed under
chapter 144 or 144A;

(5) deleted text begintwo membersdeleted text endnew text begin one membernew text end must be engaged in the practice of social work in a
private agency;

(6) deleted text beginone memberdeleted text endnew text begin two membersnew text end must be engaged in the practice of social work in a
clinical social work setting; and

(7) one member must be an educator engaged in regular teaching duties at a
program of social work accredited by the Council on Social Work Education or a similar
accreditation body designated by the board.

(d) At the time of their appointments, at least six members must reside outside
of the deleted text beginsevendeleted text endnew text begin 11new text end-county metropolitan area.

(e) At the time of their appointments, at least five members must be persons with
expertise in communities of color.

Sec. 7.

Minnesota Statutes 2008, section 148E.025, subdivision 3, is amended to read:


Subd. 3.

Officers.

The board must deleted text beginannuallydeleted text endnew text begin bienniallynew text end elect from its membership a
chair, vice-chair, and secretary-treasurer.

Sec. 8.

Minnesota Statutes 2008, section 148E.055, subdivision 5, is amended to read:


Subd. 5.

Licensure by examination; licensed independent clinical social worker.

(a) To be licensed as a licensed independent clinical social worker, an applicant for
licensure by examination must provide evidence satisfactory to the board that the applicant:

(1) has received 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 accreditation body designated by the board, or a doctorate in social
work from an accredited university;

(2) has completed 360 clock hours (one semester credit hour = 15 clock hours) in
the following clinical knowledge areas:

(i) 108 clock hours (30 percent) in differential diagnosis and biopsychosocial
assessment, including normative development and psychopathology across the life span;

(ii) 36 clock hours (ten percent) in assessment-based clinical treatment planning with
measurable goals;

(iii) 108 clock hours (30 percent) in clinical intervention methods informed by
research and current standards of practice;

(iv) 18 clock hours (five percent) in evaluation methodologies;

(v) 72 clock hours (20 percent) in social work values and ethics, including cultural
context, diversity, and social policy; and

(vi) 18 clock hours (five percent) in culturally specific clinical assessment and
intervention;

(3) has practiced clinical social work as defined in section 148E.010, including both
diagnosis and treatment, and has met the supervised practice requirements specified in
sections 148E.100 to 148E.125;

(4) has passed the clinical or equivalent examination administered by the Association
of Social Work Boards or a similar examination body designated by the board. Unless an
applicant applies for licensure by endorsement according to subdivision 7, an examination
is not valid if it was taken and passed eight or more years prior to submitting a completed,
signed application form provided by the board;

(5) has submitted a completed, signed application form provided by the board,
including the applicable application fee specified in section 148E.180. For applications
submitted electronically, a "signed application" means providing an attestation as specified
by the board;

(6) has submitted the criminal background check fee and a form provided by the
board authorizing a criminal background check according to subdivision 8;

(7) has paid the license fee specified in section 148E.180; and

(8) 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) The requirement in paragraph (a), clause (2), may be satisfied through: (1)
a graduate degree program accredited by the Council on Social Work Education, the
Canadian Association of Schools of Social Work, or a similar accreditation body
designated by the board; or a doctorate in social work from an accredited university; (2)
deleted text begin postgraduatedeleted text endnew text begin graduatenew text end courseworknew text begin from an accredited institution of higher learningnew text end; or
(3) up to 90 continuing education hoursnew text begin, not to exceed 20 hours of independent study
as specified in section 148E.130, subdivision 5
new text end. The continuing education must have a
course description available for public review and must include a posttest. Compliance
with this requirement must be documented on a form provided by the board. The board
may conduct audits of the information submitted in order to determine compliance with
the requirements of this section.

(c) An application which is not completed and signed, or which is not accompanied
by the correct 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 specified in paragraph (a) and must provide all of
the information requested by the board according to paragraph (d). If within one year the
applicant does not meet all the requirements, or does not provide all of the information
requested, the applicant is considered ineligible and the application for licensure must
be closed.

(f) Except as provided in paragraph (g), an applicant may not take more than three
times the clinical or equivalent examination administered by the Association of Social
Work Boards or a similar examination body designated by the board. An applicant must
receive a passing score on the clinical or equivalent examination administered by the
Association of Social Work Boards or a similar examination body designated by the board
no later than 18 months after the first time the applicant failed the examination.

(g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a
fourth or subsequent time, the clinical or equivalent examination administered by the
Association of Social Work Boards or a similar examination body designated by the
board if the applicant:

(1) meets all requirements specified in paragraphs (a) to (e) other than passing the
clinical or equivalent examination administered by the Association of Social Work Boards
or a similar examination body designated by the board;

(2) provides to the board a description of the efforts the applicant has made to
improve the applicant's score and demonstrates to the board's satisfaction that the efforts
are likely to improve the score; and

(3) provides to the board letters of recommendation from two licensed social
workers attesting to the applicant's ability to practice social work competently and
ethically according to professional social work knowledge, skills, and values.

(h) An individual must not practice social work until the individual passes the
examination and receives a social work license under this section or section 148E.060. If
the board has reason to believe that an applicant may be practicing social work without a
license, and the applicant has failed the clinical or equivalent examination administered
by the Association of Social Work Boards or a similar examination body designated by
the board, the board may notify the applicant's employer that the applicant is not licensed
as a social worker.

Sec. 9.

Minnesota Statutes 2008, section 148E.100, is amended by adding a subdivision
to read:


new text begin Subd. 2a. new text end

new text begin Supervised practice obtained prior to August 1, 2011. new text end

new text begin (a)
Notwithstanding the requirements in subdivisions 1 and 2, the board shall approve hours
of supervised practice completed prior to August 1, 2011, which comply with sections
148D.100 to 148D.125. These hours must apply to supervised practice requirements in
effect as specified in this section.
new text end

new text begin (b) Any additional hours of supervised practice obtained effective August 1, 2011,
must comply with the increased requirements specified in this section.
new text end

Sec. 10.

Minnesota Statutes 2008, section 148E.100, subdivision 3, is amended to read:


Subd. 3.

Types of supervision.

Of the 100 hours of supervision required under
subdivision 1:

(1) 50 hours must be provided through one-on-one supervision, including: (i)
a minimum of 25 hours of in-person supervision, and (ii) no more than 25 hours of
supervision via eye-to-eye electronic medianew text begin, while maintaining visual contactnew text end; and

(2) 50 hours must be provided through: (i) one-on-one supervision, or (ii) group
supervision. The supervision may be in person, by telephone, or via eye-to-eye electronic
medianew text begin, while maintaining visual contactnew text end. The supervision must not be provided by e-mail.
Group supervision is limited to six deleted text beginmembers not counting the supervisor or supervisorsdeleted text endnew text begin
supervisees
new text end.

Sec. 11.

Minnesota Statutes 2008, section 148E.100, subdivision 4, is amended to read:


Subd. 4.

Supervisor requirements.

The supervision required by subdivision 1 must
be provided by a supervisor whonew text begin meets the requirements specified in section 148E.120.
The supervision must be provided by a
new text end:

(1) deleted text beginis adeleted text end licensed social worker who has completed the supervised practice
requirements;

(2) deleted text beginis adeleted text end licensed graduate social worker, licensed independent social worker, or
licensed independent clinical social worker; or

(3) new text beginsupervisor who new text endmeets the requirements specified in section 148E.120,
subdivision 2
.

Sec. 12.

Minnesota Statutes 2008, section 148E.100, subdivision 5, is amended to read:


Subd. 5.

Supervisee requirements.

The supervisee must:

(1) to the satisfaction of the supervisor, practice competently and ethically according
to professional social work knowledge, skills, and values;

(2) receive supervision in the following content areas:

(i) development of professional values and responsibilities;

(ii) practice skills;

(iii) authorized scope of practice;

(iv) ensuring continuing competence; and

(v) ethical standards of practice;

(3) submit a supervision plan according to section 148E.125, subdivision 1; and

(4) deleted text beginif the board audits the supervisee's supervised practice,deleted text end submit verification of
supervised practice according to section 148E.125, subdivision 3new text begin, when a licensed social
worker applies for the renewal of a license
new text end.

Sec. 13.

Minnesota Statutes 2008, section 148E.100, subdivision 6, is amended to read:


Subd. 6.

After completion of supervision requirements.

A licensed social worker
who fulfills the supervision requirements specified in deleted text beginsubdivisions 1 to 5deleted text endnew text begin this sectionnew text end is not
required to be supervised after completion of the supervision requirements.

Sec. 14.

Minnesota Statutes 2008, section 148E.100, subdivision 7, is amended to read:


Subd. 7.

deleted text beginAttestationdeleted text endnew text begin Verification of supervised practicenew text end.

The social worker and
the social worker's supervisor must deleted text beginattestdeleted text endnew text begin submit verificationnew text end that the supervisee has met
or has made progress on meeting the applicable supervision requirements according to
section 148E.125, subdivision deleted text begin2deleted text endnew text begin 3new text end.

Sec. 15.

Minnesota Statutes 2008, section 148E.105, subdivision 1, is amended to read:


Subdivision 1.

Supervision required after licensure.

After receiving a license
from the board as a licensed graduate social worker, a licensed graduate social worker
new text begin not engaged in clinical practice new text endmust obtain at least 100 hours of supervision according to
the requirements of this section.

Sec. 16.

Minnesota Statutes 2008, section 148E.105, is amended by adding a
subdivision to read:


new text begin Subd. 2a. new text end

new text begin Supervised practice obtained prior to August 1, 2011. new text end

new text begin (a)
Notwithstanding the requirements in subdivisions 1 and 2, the board shall approve hours
of supervised practice completed prior to August 1, 2011, which comply with sections
148D.100 to 148D.125. These hours shall apply to supervised practice requirements in
effect as specified in this section.
new text end

new text begin (b) Any additional hours of supervised practice obtained effective August 1, 2011,
must comply with the increased requirements specified in this section.
new text end

Sec. 17.

Minnesota Statutes 2008, section 148E.105, subdivision 3, is amended to read:


Subd. 3.

Types of supervision.

Of the 100 hours of supervision required under
subdivision 1:

(1) 50 hours must be provided though one-on-one supervision, including: (i)
a minimum of 25 hours of in-person supervision, and (ii) no more than 25 hours of
supervision via eye-to-eye electronic medianew text begin, while maintaining visual contactnew text end; and

(2) 50 hours must be provided through: (i) one-on-one supervision, or (ii) group
supervision. The supervision may be in person, by telephone, or via eye-to-eye electronic
medianew text begin, while maintaining visual contactnew text end. The supervision must not be provided by e-mail.
Group supervision is limited to six supervisees.

Sec. 18.

Minnesota Statutes 2008, section 148E.105, subdivision 5, is amended to read:


Subd. 5.

Supervisee requirements.

The supervisee must:

(1) to the satisfaction of the supervisor, practice competently and ethically according
to professional social work knowledge, skills, and values;

(2) receive supervision in the following content areas:

(i) development of professional values and responsibilities;

(ii) practice skills;

(iii) authorized scope of practice;

(iv) ensuring continuing competence; and

(v) ethical standards of practice;

(3) submit a supervision plan according to section 148E.125, subdivision 1; and

(4) verify supervised practice according to section 148E.125, subdivision 3, deleted text beginifdeleted text endnew text begin whennew text end:

(i) deleted text beginthe board audits the supervisee's supervised practicedeleted text endnew text begin a licensed graduate social
worker applies for the renewal of a license
new text end; or

(ii) a licensed graduate social worker applies for a licensed independent social
worker license.

Sec. 19.

Minnesota Statutes 2008, section 148E.105, subdivision 7, is amended to read:


Subd. 7.

deleted text beginAttestationdeleted text endnew text begin Verification of supervised practicenew text end.

A social worker and the
social worker's supervisor must deleted text beginattestdeleted text endnew text begin submit verificationnew text end that the supervisee has met
or has made progress on meeting the applicable supervision requirements according to
section 148E.125, subdivision deleted text begin2deleted text endnew text begin 3new text end.

Sec. 20.

Minnesota Statutes 2008, section 148E.106, subdivision 1, is amended to read:


Subdivision 1.

Supervision required after licensure.

After receiving a license
from the board as a licensed graduate social worker, a licensed graduate social worker
new text begin engaged in clinical practice new text endmust obtain at least 200 hours of supervision according to
the requirements of this sectiondeleted text begin.deleted text endnew text begin:
new text end

new text begin (1) a minimum of four hours and a maximum of eight hours of supervision must be
obtained during every 160 hours of practice until the licensed graduate social worker is
issued a licensed independent clinical social worker license;
new text end

new text begin (2) a minimum of 200 hours of supervision must be completed, in addition to all
other requirements according to sections 148E.115 to 148E.125, to be eligible to apply for
the licensed independent clinical social worker license; and
new text end

new text begin (3) the supervisee and supervisor are required to adjust the rate of supervision
obtained, based on the ratio of four hours of supervision during every 160 hours of
practice, to ensure compliance with the requirements in subdivision 2.
new text end

Sec. 21.

Minnesota Statutes 2008, section 148E.106, subdivision 2, is amended to read:


Subd. 2.

Practice requirements.

The supervision required by subdivision 1 must
be obtained deleted text beginduring the first 4,000 hours of postgraduate social work practice authorized by
law. At least
deleted text endnew text begin:
new text end

new text begin (1) in no less than 4,000 hours and no more than 8,000 hours of postgraduate,
clinical social work practice authorized by law, including at least 1,800 hours of direct
clinical client contact; and
new text end

new text begin (2) a minimum of four hours and a maximum ofnew text end eight hours of supervision must be
obtained during every 160 hours of practice.

Sec. 22.

Minnesota Statutes 2008, section 148E.106, is amended by adding a
subdivision to read:


new text begin Subd. 2a. new text end

new text begin Supervised practice obtained prior to August 1, 2011. new text end

new text begin (a)
Notwithstanding the requirements in subdivisions 1 and 2, the board shall approve hours
of supervised practice completed prior to August 1, 2011, which comply with sections
148D.100 to 148D.125. These hours shall apply to supervised practice requirements in
effect as specified in this section.
new text end

new text begin (b) Any additional hours of supervised practice obtained effective August 1, 2011,
must comply with the increased requirements specified in this section.
new text end

new text begin (c) Notwithstanding the requirements in subdivision 2, clause (1), direct clinical
client contact hours are (i) not required prior to August 1, 2011, and (ii) not required of
a licensed graduate social worker engaged in clinical practice with a licensed graduate
social worker license issue date prior to August 1, 2011.
new text end

Sec. 23.

Minnesota Statutes 2008, section 148E.106, subdivision 3, is amended to read:


Subd. 3.

Types of supervision.

Of the 200 hours of supervision required under
subdivision 1:

(1) 100 hours must be provided through one-on-one supervision, including: (i)
a minimum of 50 hours of in-person supervision, and (ii) no more than 50 hours of
supervision via eye-to-eye electronic medianew text begin, while maintaining visual contactnew text end; and

(2) 100 hours must be provided through: (i) one-on-one supervision, or (ii) group
supervision. The supervision may be in person, by telephone, or via eye-to-eye electronic
medianew text begin, while maintaining visual contactnew text end. The supervision must not be provided by e-mail.
Group supervision is limited to six supervisees.

Sec. 24.

Minnesota Statutes 2008, section 148E.106, subdivision 4, is amended to read:


Subd. 4.

Supervisor requirements.

The supervision required by subdivision 1 must
be provided by a supervisor who meets the requirements specified in section 148E.120.
The supervision must be providednew text begin by anew text end:

(1) deleted text beginby adeleted text end licensed independent clinical social worker; or

(2) deleted text beginby adeleted text end supervisor who meets the requirements specified in section 148E.120,
subdivision 2.

Sec. 25.

Minnesota Statutes 2008, section 148E.106, subdivision 5, is amended to read:


Subd. 5.

Supervisee requirements.

The supervisee must:

(1) to the satisfaction of the supervisor, practice competently and ethically according
to professional social work knowledge, skills, and values;

(2) receive supervision in the following content areas:

(i) development of professional values and responsibilities;

(ii) practice skills;

(iii) authorized scope of practice;

(iv) ensuring continuing competence; and

(v) ethical standards of practice;

(3) submit a supervision plan according to section 148E.125, subdivision 1; and

(4) verify supervised practice according to section 148E.125, subdivision 3, deleted text beginifdeleted text endnew text begin whennew text end:

(i) deleted text beginthe board audits the supervisee's supervised practicedeleted text endnew text begin a licensed graduate social
worker applies for the renewal of a license
new text end; or

(ii) a licensed graduate social worker applies for a licensed independent clinical
social worker license.

Sec. 26.

Minnesota Statutes 2008, section 148E.106, subdivision 8, is amended to read:


Subd. 8.

Eligibility to apply for licensure as a licensed independent new text beginclinical
new text endsocial worker.

Upon completion of new text beginnot less than new text end4,000 hours new text beginand not more than 8,000
hours
new text endof clinical social work practice, including at least 1,800 hours of direct clinical
client contact and 200 hours of supervision according to the requirements of this section,
a licensed graduate social worker is eligible to apply for a licensed independent clinical
social worker license under section 148E.115, subdivision 1.

Sec. 27.

Minnesota Statutes 2008, section 148E.106, subdivision 9, is amended to read:


Subd. 9.

deleted text beginAttestationdeleted text endnew text begin Verification of supervised practicenew text end.

A social worker and the
social worker's supervisor must deleted text beginattestdeleted text endnew text begin submit verificationnew text end that the supervisee has met
or has made progress on meeting the applicable supervision requirements according to
section 148E.125, subdivision deleted text begin2deleted text endnew text begin 3new text end.

Sec. 28.

Minnesota Statutes 2008, section 148E.110, subdivision 1, is amended to read:


Subdivision 1.

Supervision required before licensure.

Before becoming licensed
as a licensed independent social worker, a person must have obtained at least 100 hours
of supervision during 4,000 hours of postgraduate social work practice required by law
according to the requirements of section 148E.105deleted text begin, subdivisions 3, 4, and 5deleted text end. At least four
hours of supervision must be obtained during every 160 hours of practice.

Sec. 29.

Minnesota Statutes 2008, section 148E.110, is amended by adding a
subdivision to read:


new text begin Subd. 1a. new text end

new text begin Supervised practice obtained prior to August 1, 2011. new text end

new text begin (a)
Notwithstanding subdivision 1, the board shall approve supervised practice hours
completed prior to August 1, 2011, which comply with sections 148D.100 to 148D.125.
These hours must apply to supervised practice requirements in effect as specified in this
section.
new text end

new text begin (b) Any additional hours of supervised practice obtained on or after August 1, 2011,
must comply with the increased requirements in this section.
new text end

Sec. 30.

Minnesota Statutes 2008, section 148E.110, subdivision 2, is amended to read:


Subd. 2.

Licensed independent social workers; clinical social work after
licensure.

After licensure, a licensed independent social worker must not engage in
clinical social work practice except under supervision by a licensed independent clinical
social worker new text beginwho meets the requirements in section 148E.120, subdivision 1, new text endor an
alternate supervisor designated according to section 148E.120, subdivision 2.

Sec. 31.

Minnesota Statutes 2008, section 148E.110, is amended by adding a
subdivision to read:


new text begin Subd. 5. new text end

new text begin Supervision; licensed independent social worker engaged in clinical
social work practice.
new text end

new text begin (a) After receiving a license from the board as a licensed
independent social worker, a licensed independent social worker engaged in clinical social
work practice must obtain at least 200 hours of supervision according to the requirements
of this section.
new text end

new text begin (b) A minimum of four hours and a maximum of eight hours of supervision must be
obtained during every 160 hours of practice until the licensed independent social worker is
issued a licensed independent clinical social worker license.
new text end

new text begin (c) A minimum of 200 hours of supervision must be completed, in addition to all
other requirements according to sections 148E.115 to 148E.125, to be eligible to apply
for the licensed independent clinical social worker license.
new text end

new text begin (d) The supervisee and supervisor are required to adjust the rate of supervision
obtained based on the ratio of four hours of supervision during every 160 hours of practice
to ensure compliance with the requirements in subdivision 1a.
new text end

Sec. 32.

Minnesota Statutes 2008, section 148E.110, is amended by adding a
subdivision to read:


new text begin Subd. 6. new text end

new text begin Practice requirements after licensure as licensed independent social
worker; clinical social work practice.
new text end

new text begin (a) The supervision required by subdivision 5
must be obtained:
new text end

new text begin (1) in no less than 4,000 hours and no more than 8,000 hours of postgraduate clinical
social work practice authorized by law, including at least 1,800 hours of direct clinical
client contact; and
new text end

new text begin (2) a minimum of four hours and a maximum of eight hours of supervision must be
obtained during every 160 hours of practice.
new text end

new text begin (b) Notwithstanding paragraph (a), clause (1), direct clinical client contact hours are
(i) not required prior to August 1, 2011, and (ii) not required of a licensed independent
social worker engaged in clinical practice with a licensed independent social worker
license issue date prior to August 1, 2011.
new text end

Sec. 33.

Minnesota Statutes 2008, section 148E.110, is amended by adding a
subdivision to read:


new text begin Subd. 7. new text end

new text begin Supervision; clinical social work practice after licensure as licensed
independent social worker.
new text end

new text begin Of the 200 hours of supervision required under subdivision 5:
new text end

new text begin (1) 100 hours must be provided through one-on-one supervision, including:
new text end

new text begin (i) a minimum of 50 hours of in-person supervision; and
new text end

new text begin (ii) no more than 50 hours of supervision via eye-to-eye electronic media, while
maintaining visual contact; and
new text end

new text begin (2) 100 hours must be provided through:
new text end

new text begin (i) one-on-one supervision; or
new text end

new text begin (ii) group supervision.
new text end

new text begin The supervision may be in person, by telephone, or via eye-to-eye electronic media, while
maintaining visual contact. The supervision must not be provided by e-mail. Group
supervision is limited to six supervisees.
new text end

Sec. 34.

Minnesota Statutes 2008, section 148E.110, is amended by adding a
subdivision to read:


new text begin Subd. 8. new text end

new text begin Supervision; clinical social work practice after licensure. new text end

new text begin The
supervision required by subdivision 5 must be provided by a supervisor who meets the
requirements specified in section 148E.120. The supervision must be provided by a:
new text end

new text begin (1) licensed independent clinical social worker; or
new text end

new text begin (2) supervisor who meets the requirements specified in section 148E.120,
subdivision 2.
new text end

Sec. 35.

Minnesota Statutes 2008, section 148E.110, is amended by adding a
subdivision to read:


new text begin Subd. 9. new text end

new text begin Supervisee requirements; clinical social work practice after licensure.
new text end

new text begin The supervisee must:
new text end

new text begin (1) to the satisfaction of the supervisor, practice competently and ethically according
to professional social work knowledge, skills, and values;
new text end

new text begin (2) receive supervision in the following content areas:
new text end

new text begin (i) development of professional values and responsibilities;
new text end

new text begin (ii) practice skills;
new text end

new text begin (iii) authorized scope of practice;
new text end

new text begin (iv) ensuring continuing competence; and
new text end

new text begin (v) ethical standards of practice;
new text end

new text begin (3) submit a supervision plan according to section 148E.125, subdivision 1; and
new text end

new text begin (4) verify supervised practice according to section 148E.125, subdivision 3, when:
new text end

new text begin (i) a licensed independent social worker applies for the renewal of a license; or
new text end

new text begin (ii) a licensed independent social worker applies for a licensed independent clinical
social worker license.
new text end

Sec. 36.

Minnesota Statutes 2008, section 148E.110, is amended by adding a
subdivision to read:


new text begin Subd. 10. new text end

new text begin Limit on practice of clinical social work. new text end

new text begin (a) Except as provided in
paragraph (b), a licensed independent social worker must not engage in clinical social
work practice under supervision for more than 8,000 hours. In order to practice clinical
social work for more than 8,000 hours, a licensed independent social worker must obtain a
licensed independent clinical social worker license.
new text end

new text begin (b) Notwithstanding the requirements of paragraph (a), the board may grant a
licensed independent social worker permission to engage in clinical social work practice
for more than 8,000 hours if the licensed independent social worker petitions the board
and demonstrates to the board's satisfaction that for reasons of personal hardship the
licensed independent social worker should be granted an extension to continue practicing
clinical social work under supervision for up to an additional 2,000 hours.
new text end

Sec. 37.

Minnesota Statutes 2008, section 148E.110, is amended by adding a
subdivision to read:


new text begin Subd. 11. new text end

new text begin Eligibility for licensure; licensed independent clinical social worker.
new text end

new text begin Upon completion of not less than 4,000 hours and not more than 8,000 hours of clinical
social work practice, including at least 1,800 hours of direct clinical client contact and 200
hours of supervision according to the requirements of this section, a licensed independent
social worker is eligible to apply for a licensed independent clinical social worker license
under section 148E.115, subdivision 1.
new text end

Sec. 38.

Minnesota Statutes 2008, section 148E.110, is amended by adding a
subdivision to read:


new text begin Subd. 12. new text end

new text begin Verification of supervised practice. new text end

new text begin A social worker and the social
worker's supervisor must submit verification that the supervisee has met or has made
progress on meeting the applicable supervision requirements according to section
148E.125, subdivision 3.
new text end

Sec. 39.

Minnesota Statutes 2008, section 148E.115, subdivision 1, is amended to read:


Subdivision 1.

Supervision deleted text beginrequireddeleted text end before licensurenew text begin; licensed independent
clinical social worker
new text end.

Before becoming licensed as a licensed independent clinical social
worker, a person must have obtained at least 200 hours of supervision deleted text beginduringdeleted text endnew text begin at the rate
of a minimum of four and a maximum of eight hours of supervision for every 160 hours
of practice, in not less than
new text end 4,000 hours new text beginand not more than 8,000 hours new text endof postgraduate
clinical practice required by lawnew text begin, including at least 1,800 hours of direct clinical client
contact,
new text end according to the requirements of section 148E.106.

Sec. 40.

Minnesota Statutes 2008, section 148E.115, is amended by adding a
subdivision to read:


new text begin Subd. 1a. new text end

new text begin Supervised practice obtained prior to August 1, 2011. new text end

new text begin (a)
Notwithstanding subdivisions 1 and 2, applicants and licensees who have completed hours
of supervised practice prior to August 1, 2011, which comply with sections 148D.100 to
148D.125, may have that supervised practice applied to the licensing requirement.
new text end

new text begin (b) Any additional hours of supervised practice obtained on or after August 1, 2011,
must comply with the increased requirements in this section.
new text end

new text begin (c) Notwithstanding subdivision 1, in order to qualify for the licensed independent
clinical social work license, direct clinical client contact hours are:
new text end

new text begin (1) not required prior to August 1, 2011; and
new text end

new text begin (2) not required of either a licensed graduate social worker or a licensed independent
social worker engaged in clinical practice with a license issued prior to August 1, 2011.
new text end

Sec. 41.

Minnesota Statutes 2008, 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 deleted text begin(b)deleted text endnew text begin (d)new text end, to be eligible to provide supervision under this section, a social
worker must:

(1) deleted text beginhave at least 2,000 hours of experience in authorized social work practice. If
the person is providing clinical supervision, the 2,000 hours must include 1,000 hours of
experience in clinical practice;
deleted text end

deleted text begin (2)deleted text end 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;

deleted text begin (3)deleted text endnew text begin (2)new text end be competent in the activities being supervised; and

deleted text begin (4)deleted text endnew text begin (3)new text end 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.

new text begin (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.
new text end

new text begin (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.
new text end

deleted text begin (b)deleted text endnew text begin (d)new text end 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:

(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 new text beginlicensing
new text endsupervision for deleted text beginclinicaldeleted text endnew text begin social worknew text end practice if the board determines that there are five or
fewer deleted text beginlicensed independent clinical social workersdeleted text endnew text begin supervisors meeting the applicable
licensure requirements in sections 148E.100 to 148E.115
new text end 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.

new text begin (e) new text endIn 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.

Sec. 42.

Minnesota Statutes 2008, section 148E.125, subdivision 1, is amended to read:


Subdivision 1.

Supervision plan.

(a) A social worker must submit, on a form
provided by the board, a supervision plan for meeting the supervision requirements
specified in sections 148E.100 to 148E.120.

(b) The supervision plan must be submitted no later than deleted text begin90deleted text endnew text begin 60new text end days after the
licensee begins a social work practice position after becoming licensed.

(c) For failure to submit the supervision plan within deleted text begin90deleted text endnew text begin 60new text end days after beginning a
social work practice position, a licensee must pay the supervision plan late fee specified in
section 148E.180 when the licensee applies for license renewal.

(d) A license renewal application submitted according to paragraph (a) must not be
approved unless the board has received a supervision plan.

(e) The supervision plan must include the following:

(1) the name of the supervisee, the name of the agency in which the supervisee is
being supervised, and the supervisee's position title;

(2) the name and qualifications of the person providing the supervision;

(3) the number of hours of one-on-one in-person supervision and the number and
type of additional hours of supervision to be completed by the supervisee;

(4) the supervisee's position description;

(5) a brief description of the supervision the supervisee will receive in the following
content areas:

(i) clinical practice, if applicable;

(ii) development of professional social work knowledge, skills, and values;

(iii) practice methods;

(iv) authorized scope of practice;

(v) ensuring continuing competence; and

(vi) ethical standards of practice; and

(6) if applicable, a detailed description of the supervisee's clinical social work
practice, addressing:

(i) the client population, the range of presenting issues, and the diagnoses;

(ii) the clinical modalities that were utilized; and

(iii) the process utilized for determining clinical diagnoses, including the diagnostic
instruments used and the role of the supervisee in the diagnostic process.

(f) The board must receive a revised supervision plan within deleted text begin90deleted text endnew text begin 60new text end days of any
of the following changes:

(1) the supervisee has a new supervisor;

(2) the supervisee begins a new social work position;

(3) the scope or content of the supervisee's social work practice changes substantially;

(4) the number of practice or supervision hours changes substantially; or

(5) the type of supervision changes as supervision is described in section 148E.100,
subdivision 3
, or 148E.105, subdivision 3, or as required in section 148E.115.

(g) For failure to submit a revised supervision plan as required in paragraph (f), a
supervisee must pay the supervision plan late fee specified in section 148E.180, when
the supervisee applies for license renewal.

(h) The board must approve the supervisor and the supervision plan.

Sec. 43.

Minnesota Statutes 2008, section 148E.125, subdivision 3, is amended to read:


Subd. 3.

Verification of supervised practice.

(a) deleted text beginIn addition to receiving the
attestation required under subdivision 2,
deleted text end The board must receive verification of supervised
practice deleted text beginifdeleted text endnew text begin whennew text end:

(1) the deleted text beginboard audits the supervision of a superviseedeleted text endnew text begin licensee submits the license
renewal application form
new text end; or

(2) an applicant applies for a license as a licensed independent social worker or as a
licensed independent clinical social worker.

(b) When verification of supervised practice is required according to paragraph (a),
the board must receive from the supervisor the following information on a form provided
by the board:

(1) the name of the supervisee, the name of the agency in which the supervisee is
being supervised, and the supervisee's position title;

(2) the name and qualifications of the supervisor;

(3) the number of hours and dates of each type of supervision completed;

(4) the supervisee's position description;

(5) a declaration that the supervisee has not engaged in conduct in violation of the
standards of practice specified in sections 148E.195 to 148E.240;

(6) a declaration that the supervisee has practiced ethically and competently
according to professional social work knowledge, skills, and values;

(7) a list of the content areas in which the supervisee has received supervision,
including the following:

(i) clinical practice, if applicable;

(ii) development of professional social work knowledge, skills, and values;

(iii) practice methods;

(iv) authorized scope of practice;

(v) ensuring continuing competence; and

(vi) ethical standards of practice; and

(8) if applicable, a detailed description of the supervisee's clinical social work
practice, addressing:

(i) the client population, the range of presenting issues, and the diagnoses;

(ii) the clinical modalities that were utilized; and

(iii) the process utilized for determining clinical diagnoses, including the diagnostic
instruments used and the role of the supervisee in the diagnostic process.

(c) The information provided on the verification form must demonstrate to the board's
satisfaction that the supervisee has met the applicable supervised practice requirements.

Sec. 44.

Minnesota Statutes 2008, section 148E.130, is amended by adding a
subdivision to read:


new text begin Subd. 1a. new text end

new text begin Increased clock hours required effective August 1, 2011. new text end

new text begin (a)
Notwithstanding the requirements in subdivision 8, the clock hours specified in
subdivisions 1 and 4 to 6 apply to all new licenses issued effective August 1, 2011, under
section 148E.055.
new text end

new text begin (b) Any licensee issued a license prior to August 1, 2011, under section 148D.055
must comply with the increased clock hours in subdivisions 1 and 4 to 6, and must
document the clock hours at the first two-year renewal term after August 1, 2011.
new text end

Sec. 45.

Minnesota Statutes 2008, section 148E.130, subdivision 2, is amended to read:


Subd. 2.

Ethics requirement.

At least two of the clock hours required under
subdivision 1 must be in social work ethicsdeleted text begin.deleted text endnew text begin, including at least one of the following:
new text end

new text begin (1) the history and evolution of values and ethics in social work;
new text end

new text begin (2) ethics theories;
new text end

new text begin (3) professional standards of social work practice, as specified in the ethical codes of
the National Association of Social Workers, the Association of Canadian Social Workers,
the Clinical Social Work Federation, and the Council on Social Work Education;
new text end

new text begin (4) the legal requirements and other considerations for each jurisdiction that
registers, certifies, or licenses social workers; or
new text end

new text begin (5) the ethical decision-making process.
new text end

Sec. 46.

Minnesota Statutes 2008, section 148E.130, subdivision 5, is amended to read:


Subd. 5.

Independent study.

Independent study must not consist of more than deleted text begintendeleted text endnew text begin
15
new text end clock hours of continuing education per renewal term. Independent study must be for
publication, public presentation, or professional development. Independent study includes,
but is not limited to, electronic study. For purposes of subdivision deleted text begin6deleted text endnew text begin 4new text end, independent study
includes consultation deleted text beginwith an experienced supervisor regarding the practice of supervisiondeleted text endnew text begin
or training regarding supervision with a licensed professional who has demonstrated
supervisory skills
new text end.

Sec. 47.

Minnesota Statutes 2008, section 148E.165, subdivision 1, is amended to read:


Subdivision 1.

Records retention; licensees.

For one year following the expiration
date of a license, the licensee must maintain documentation of clock hours earned during
the previous renewal term. The documentation must include the following:

(1) for educational workshops or seminars offered by an organization or at a
conference, a copy of the certificate of attendance issued by the presenter or sponsor
giving the following information:

(i) the name of the sponsor or presenter of the program;

(ii) the title of the workshop or seminar;

(iii) the dates the licensee participated in the program; and

(iv) the number of clock hours completed;

(2) for academic coursework offered by an institution of higher learning, a copy of a
transcript giving the following information:

(i) the name of the institution offering the course;

(ii) the title of the course;

(iii) the dates the licensee participated in the course; and

(iv) the number of credits completed;

(3) for staff training offered by public or private employers, a copy of the certificate
of attendance issued by the employer giving the following information:

(i) the name of the employer;

(ii) the title of the staff training;

(iii) the dates the licensee participated in the program; and

(iv) the number of clock hours completed; and

(4) for independent study, including electronic study,new text begin or consultation or training
regarding supervision,
new text end a written summary of the deleted text beginstudydeleted text endnew text begin activitynew text end conducted, including the
following information:

(i) the topics deleted text beginstudieddeleted text endnew text begin coverednew text end;

(ii) a description of the applicability of the deleted text beginstudydeleted text endnew text begin activitynew text end to the licensee's authorized
scope of practice;

(iii) the titles and authors of books and articles consulted or the name of the
organization offering the deleted text beginstudydeleted text endnew text begin activity, or the name and title of the licensed professional
consulted regarding supervision
new text end;

(iv) the dates the licensee conducted the deleted text beginstudydeleted text endnew text begin activitynew text end; and

(v) the number of clock hours the licensee conducted the deleted text beginstudydeleted text endnew text begin activitynew text end.

Sec. 48. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 148E.106, subdivision 6; and 148E.125,
subdivision 2,
new text end new text begin are repealed August 1, 2011.
new text end

Sec. 49. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 47 are effective August 1, 2011.
new text end