HF 1745

1st Unofficial Engrossment - 86th Legislature (2009 - 2010) Posted on 12/26/2012 11:27pm

1.1A bill for an act

1.2relating to health; requiring the commissioner of health to enroll pharmacies
1.3or pharmacists in the pediatric vaccine administration program; changing the
1.4age requirement for pharmacists administering influenza vaccines; changing
1.5certain requirements; modifying provisions in health occupations for speech
1.6language pathologists and occupational therapists; expanding definition of
1.7licensed health care professional; changing provisions for food, beverage, and
1.8lodging establishments; requiring the Department of Health to use rules and
1.9guidelines from the federal government to implement the minimum data set
1.10for resident reimbursement classification; establishing fees; changing licensing
1.11provisions for social work;amending Minnesota Statutes 2008, sections 148.512,
1.12subdivision 13; 148.5193, subdivision 6a; 148.5194, subdivisions 2, 3, 7;
1.13148.6402, subdivisions 13, 22a; 148.6405; 148.6440, subdivision 2; 148D.010,
1.14subdivisions 9, 15, by adding subdivisions; 148D.025, subdivisions 2, 3;
1.15148D.061, subdivisions 6, 8; 148D.062, subdivision 2; 148D.063, subdivision
1.162; 148D.125, subdivisions 1, 3; 148E.010, subdivisions 11, 17, by adding
1.17subdivisions; 148E.025, subdivisions 2, 3; 148E.055, subdivision 5; 148E.100,
1.18subdivisions 3, 4, 5, 6, 7, by adding a subdivision; 148E.105, subdivisions 1, 3, 5,
1.197, by adding a subdivision; 148E.106, subdivisions 1, 2, 3, 4, 5, 8, 9, by adding
1.20a subdivision; 148E.110, subdivisions 1, 2, by adding subdivisions; 148E.115,
1.21subdivision 1, by adding a subdivision; 148E.120; 148E.125, subdivisions 1, 3;
1.22148E.130, subdivisions 2, 5, by adding a subdivision; 148E.165, subdivision
1.231; 151.01, subdivision 27; 157.16, subdivisions 2, 4; 214.103, subdivision 9;
1.24proposing coding for new law in Minnesota Statutes, chapter 145; repealing
1.25Minnesota Statutes 2008, sections 148D.062, subdivision 5; 148D.125,
1.26subdivision 2; 148D.180, subdivision 8; 148E.106, subdivision 6; 148E.125,
1.27subdivision 2; Minnesota Rules, parts 4610.0420; 4610.0500, subparts 1, 2, 3, 5;
1.284610.0600, subparts 1, 3, 4; 4610.0650.
1.29BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.30ARTICLE 1

1.31HEALTH-RELATED PROVISIONS

1.32    Section 1. [145.58] PEDIATRIC VACCINE ADMINISTRATION.
2.1The commissioner of health shall enroll a licensed pharmacy or individual
2.2pharmacist as a program-registered provider in the pediatric vaccine administration
2.3program under section 13631 of the federal Omnibus Budget Reconciliation Act of 1993,
2.4Public Law 103-66, based on the program's infrastructure capacity to enroll the additional
2.5pharmacy providers in the program.

2.6    Sec. 2. [145.987] HEALTHY CHILDREN THROUGH IMMUNIZATION.
2.7Pharmacies and pharmacists providing immunizations to children under private
2.8insurance or fee-for-service arrangements prior to June 1, 2009, that are not enrolled
2.9in the pediatric vaccine administration program under section 13631 of the federal
2.10Omnibus Budget Reconciliation Act of 1993, Public Law 103-66, must discontinue
2.11immunization services to children under private insurance or fee-for-service arrangements
2.12after December 31, 2009.

2.13    Sec. 3. Minnesota Statutes 2008, section 148.512, subdivision 13, is amended to read:
2.14    Subd. 13. Practice of speech-language pathology. The "practice of
2.15speech-language pathology" means:
2.16(1) identification, assessment, and interpretation, diagnosis, habilitation,
2.17rehabilitation, treatment and prevention of disorders of speech, articulation, fluency, voice,
2.18and language;
2.19(2) identification, assessment, and interpretation, diagnosis, habilitation, and
2.20rehabilitation of disorders of oral-pharyngeal function and related disorders;
2.21(3) identification, assessment, and interpretation, diagnosis, habilitation, and
2.22rehabilitation of communication disorders associated with cognition;
2.23(4) assessing, selecting, and developing augmentative and alternative communication
2.24systems and providing training in their use;
2.25(5) aural habilitation and rehabilitation and related counseling for hearing impaired
2.26individuals and their families;
2.27(6) enhancing speech-language proficiency and communication effectiveness;
2.28(7) audiometric screening individuals for hearing loss or middle ear pathology for
2.29the purposes of speech-language evaluation or for the identification of possible hearing
2.30disorders; or
2.31(8) supervision of the functions in clauses (1) to (7).
2.32The practice of speech-language pathology does not include the practice of medicine
2.33and surgery, or osteopathic medicine and surgery, or medical diagnosis that is commonly
2.34performed by a physician.

3.1    Sec. 4. Minnesota Statutes 2008, section 148.5193, subdivision 6a, is amended to read:
3.2    Subd. 6a. Verification of attendance Auditing continuing education reports. An
3.3applicant for licensure renewal must submit verification of attendance as follows:
3.4(1) a certificate of attendance from the sponsor with the continuing education course
3.5name, course date, and licensee's name. If a certificate of attendance is not available,
3.6the commissioner may accept other evidence of attendance such as a confirmation or
3.7statement of registration for regional or national annual conferences or conventions of
3.8professional associations, a copy of the continuing education courses indicating those
3.9attended, and an affidavit of attendance;
3.10(2) a copy of a record of attendance from the sponsor of the continuing education
3.11course;
3.12(3) a signature of the presenter or a designee at the continuing education activity
3.13on the continuing education report form;
3.14(4) a summary or outline of the educational content of an audio or video educational
3.15activity if a designee is not available to sign the continuing education report form;
3.16(5) for self-study programs, a certificate of completion or other documentation
3.17indicating that the individual has demonstrated knowledge and has successfully completed
3.18the program; or
3.19(6) for attendance at a university, college, or vocational course, an official transcript.
3.20(a) The commissioner may audit a percentage of the continuing education reports based on
3.21random selection. A licensee shall maintain all documentation required by this section
3.22for two years after the last day of the biennial licensure period in which the contact
3.23hours were earned.
3.24(b) All renewal applications that are received after the expiration date may be subject
3.25to a continuing education report audit.
3.26(c) Any licensee against whom a complaint is filed may be subject to a continuing
3.27education report audit.
3.28(d) The licensee shall make the following information available to the commissioner
3.29for auditing purposes:
3.30(1) a copy of the completed continuing education report form for the continuing
3.31education reporting period that is the subject of the audit including all supporting
3.32documentation required by subdivision 5;
3.33(2) a description of the continuing education activity prepared by the presenter or
3.34sponsor that includes the course title or subject matter, date, place, number of program
3.35contact hours, presenters, and sponsors;
4.1(3) documentation of self-study programs by materials prepared by the presenter
4.2or sponsor that includes the course title, course description, name of sponsor or author,
4.3and the number of hours required to complete the program;
4.4(4) documentation of university, college, or vocational school courses by a course
4.5syllabus, listing in a course bulletin, or equivalent documentation that includes the course
4.6title, instructor's name, course dates, number of contact hours, and course content,
4.7objectives, or goals; and
4.8(5) verification of attendance by:
4.9(i) a signature of the presenter or a designee at the continuing education activity on
4.10the continuing education report form or a certificate of attendance with the course name,
4.11course date, and licensee's name;
4.12(ii) a summary or outline of the educational content of an audio or video educational
4.13activity to verify the licensee's participation in the activity if a designee is not available to
4.14sign the continuing education report form;
4.15(iii) verification of self-study programs by a certificate of completion or other
4.16documentation indicating that the individual has demonstrated knowledge and has
4.17successfully completed the program; or
4.18(iv) verification of attendance at a university, college, or vocational course by an
4.19official transcript.

4.20    Sec. 5. Minnesota Statutes 2008, section 148.5194, subdivision 2, is amended to read:
4.21    Subd. 2. Speech-language pathologist biennial licensure fee. The fee for initial
4.22licensure and biennial licensure, clinical fellowship licensure, temporary licensure, or
4.23renewal for a speech-language pathologist is $200.

4.24    Sec. 6. Minnesota Statutes 2008, section 148.5194, subdivision 3, is amended to read:
4.25    Subd. 3. Biennial licensure fee for dual licensure as a speech-language
4.26pathologist and audiologist. The fee for initial licensure and biennial licensure, clinical
4.27fellowship licensure, doctoral externship, temporary license, or renewal is $200 $435.

4.28    Sec. 7. Minnesota Statutes 2008, section 148.5194, subdivision 7, is amended to read:
4.29    Subd. 7. Audiologist surcharge biennial licensure fee. (a) The biennial surcharge
4.30licensure fee for audiologists is $235. The commissioner shall prorate the fee for
4.31clinical fellowship, doctoral externship, temporary, and first time initial applicants and
4.32renewal licensees according to the number of months that have elapsed between the date
5.1the license is issued and the date the license expires or must be renewed under section
5.2148.5191, subdivision 4 is $435.
5.3(b) The audiologist surcharge fee is for practical examination costs greater than
5.4audiologist exam fee receipts and for complaint investigation, enforcement action
5.5and consumer information, and assistance expenditures related to hearing instrument
5.6dispensing.

5.7    Sec. 8. Minnesota Statutes 2008, section 148.6402, subdivision 13, is amended to read:
5.8    Subd. 13. Licensed health care professional. "Licensed health care professional"
5.9means a person licensed in good standing in Minnesota to practice medicine, osteopathy,
5.10chiropractic, podiatry, advanced practice registered nursing, or dentistry, or is a person
5.11registered as a physician assistant in Minnesota.

5.12    Sec. 9. Minnesota Statutes 2008, section 148.6402, subdivision 22a, is amended to
5.13read:
5.14    Subd. 22a. Limited license. "Limited license" means a license issued according
5.15to section 148.6425, subdivision 3, paragraph (c), to persons who have allowed their
5.16license to lapse for four two years or more and did not apply for a license after meeting
5.17the requirements in section 148.6408 or 148.6410 or who choose a supervised practice
5.18as the method for renewing their license status allowed their license to lapse for four
5.19years or more.

5.20    Sec. 10. Minnesota Statutes 2008, section 148.6405, is amended to read:
5.21148.6405 LICENSURE APPLICATION REQUIREMENTS: PROCEDURES
5.22AND QUALIFICATIONS.
5.23(a) An applicant for licensure must comply with the application requirements
5.24in section 148.6420. To qualify for licensure, an applicant must satisfy one of the
5.25requirements in paragraphs (b) to (f) and not be subject to denial of licensure under
5.26section 148.6448.
5.27(b) A person who applies for licensure as an occupational therapist and who has not
5.28been credentialed by the National Board for Certification in Occupational Therapy or
5.29another jurisdiction must meet the requirements in section 148.6408.
5.30(c) A person who applies for licensure as an occupational therapy assistant and who
5.31has not been credentialed by the National Board for Certification in Occupational Therapy
5.32or another jurisdiction must meet the requirements in section 148.6410.
6.1(d) A person who is certified by the National Board for Certification in Occupational
6.2Therapy may apply for licensure by equivalency and must meet the requirements in
6.3section 148.6412.
6.4(e) A person who is credentialed in another jurisdiction may apply for licensure by
6.5reciprocity and must meet the requirements in section 148.6415.
6.6(f) A person who applies for temporary licensure must meet the requirements in
6.7section 148.6418.
6.8(g) A person who applies for licensure under paragraph (b), (c), or (f), more than two
6.9and less than four years after meeting the requirements in section 148.6408 or 148.6410
6.10must submit the following:
6.11(1) a completed and signed application for licensure on forms provided by the
6.12commissioner;
6.13(2) the license application fee required under section 148.6445;
6.14(3) if applying for occupational therapist licensure, proof of having met a minimum
6.15of 24 contact hours of continuing education in the two years preceding licensure
6.16application, or if applying for occupational therapy assistant licensure, proof of having
6.17met a minimum of 18 contact hours of continuing education in the two years preceding
6.18licensure application;
6.19(4) verified documentation of successful completion of 160 hours of supervised
6.20practice approved by the commissioner under a limited license specified in section
6.21148.6425, subdivision 3, paragraph (c); and
6.22(5) additional information as requested by the commissioner to clarify information
6.23in the application, including information to determine whether the individual has engaged
6.24in conduct warranting disciplinary action under section 148.6448. The information must
6.25be submitted within 30 days after the commissioner's request.
6.26(h) A person who applied for licensure under paragraph (b), (c), or (f), four years
6.27or more after meeting the requirements in section 148.6408 or 148.6410 must meet
6.28all the requirements in paragraph (g) except items (3) and (4), submit documentation
6.29of having retaken and passed the credentialing examination for occupational therapist
6.30or occupational therapy assistant, or of having completed an occupational therapy
6.31refresher program that contains both a theoretical and clinical component approved by
6.32the commissioner, and verified documentation of successful completion of 480 hours of
6.33supervised practice approved by the commissioner under a limited license specified in
6.34section 148.6425, subdivision 3, paragraph (c). Only refresher courses completed within
6.35one year prior to date of application qualify for approval.

7.1    Sec. 11. Minnesota Statutes 2008, section 148.6440, subdivision 2, is amended to read:
7.2    Subd. 2. Written documentation required. (a) An occupational therapist must
7.3provide to the commissioner documentation verifying that the occupational therapist
7.4has met the educational and clinical requirements described in subdivisions 3 to 5,
7.5depending on the modality or modalities to be used. Both theoretical training and clinical
7.6application objectives must be met for each modality used. Documentation must include
7.7the name and address of the individual or organization sponsoring the activity; the
7.8name and address of the facility at which the activity was presented; and a copy of the
7.9course, workshop, or seminar description, including learning objectives and standards
7.10for meeting the objectives. In the case of clinical application objectives, teaching
7.11methods must be documented, including actual supervised practice. Documentation must
7.12include a transcript or certificate showing successful completion of the coursework.
7.13Coursework completed more than two years prior to date of application must be retaken.
7.14An occupational therapist who is a certified hand therapist shall document satisfaction
7.15of the requirements in subdivisions 3 to 5 by submitting to the commissioner a copy of
7.16a certificate issued by the Hand Therapy Certification Commission. Practitioners are
7.17prohibited from using physical agent modalities under supervision or independently until
7.18granted approval as provided in subdivision 7, except under the provisions in paragraph
7.19(b).
7.20(b) If a practitioner has successfully completed a specific course previously reviewed
7.21and approved by the commissioner as provided for in subdivision 7, and has submitted the
7.22written documentation required in paragraph (a) within 30 calendar days from the course
7.23date, the practitioner awaiting written approval from the commissioner may use physical
7.24agent modalities under the supervision of a practitioner listed on the roster of persons
7.25approved to use physical agent modalities.

7.26    Sec. 12. Minnesota Statutes 2008, section 151.01, subdivision 27, is amended to read:
7.27    Subd. 27. Practice of pharmacy. "Practice of pharmacy" means:
7.28    (1) interpretation and evaluation of prescription drug orders;
7.29    (2) compounding, labeling, and dispensing drugs and devices (except labeling by
7.30a manufacturer or packager of nonprescription drugs or commercially packaged legend
7.31drugs and devices);
7.32    (3) participation in clinical interpretations and monitoring of drug therapy for
7.33assurance of safe and effective use of drugs;
8.1    (4) participation in drug and therapeutic device selection; drug administration for
8.2first dosage and medical emergencies; drug regimen reviews; and drug or drug-related
8.3research;
8.4    (5) participation in administration of influenza vaccines to all eligible individuals
8.5over ten years of age and older and all other vaccines to patients 18 years of age and
8.6older under standing orders from a physician licensed under chapter 147 or by written
8.7protocol with a physician provided that:
8.8    (i) the pharmacist is trained in a program approved by the American Council of
8.9Pharmaceutical Education for the administration of immunizations or graduated from a
8.10college of pharmacy in 2001 or thereafter; and
8.11    (ii) the pharmacist reports the administration of the immunization to the patient's
8.12primary physician or clinic;
8.13    (6) participation in the practice of managing drug therapy and modifying drug
8.14therapy, according to section 151.21, subdivision 1, according to a written protocol
8.15between the specific pharmacist and the individual dentist, optometrist, physician,
8.16podiatrist, or veterinarian who is responsible for the patient's care and authorized to
8.17independently prescribe drugs. Any significant changes in drug therapy must be reported
8.18by the pharmacist to the patient's medical record;
8.19    (7) participation in the storage of drugs and the maintenance of records;
8.20    (8) responsibility for participation in patient counseling on therapeutic values,
8.21content, hazards, and uses of drugs and devices; and
8.22    (9) offering or performing those acts, services, operations, or transactions necessary
8.23in the conduct, operation, management, and control of a pharmacy.

8.24    Sec. 13. Minnesota Statutes 2008, section 157.16, subdivision 2, is amended to read:
8.25    Subd. 2. License renewal. Initial and renewal licenses for all food and beverage
8.26service establishments, hotels, motels, lodging establishments, public pools, and resorts
8.27shall be issued for the calendar year for which application is made and shall expire on
8.28December 31 of such year on an annual basis. Any person who operates a place of
8.29business after the expiration date of a license or without having submitted an application
8.30and paid the fee shall be deemed to have violated the provisions of this chapter and shall
8.31be subject to enforcement action, as provided in the Health Enforcement Consolidation
8.32Act, sections 144.989 to 144.993. In addition, a penalty of $50 shall be added to the total
8.33of the license fee for any food and beverage service establishment operating without a
8.34license as a mobile food unit, a seasonal temporary or seasonal permanent food stand, or a
8.35special event food stand, and a penalty of $100 shall be added to the total of the license fee
9.1for all restaurants, food carts, hotels, motels, lodging establishments, public pools, and
9.2resorts operating without a license for a period of up to 30 days. A late fee of $300 shall be
9.3added to the license fee for establishments operating more than 30 days without a license.

9.4    Sec. 14. Minnesota Statutes 2008, section 157.16, subdivision 4, is amended to read:
9.5    Subd. 4. Posting requirements. Every food and beverage service establishment,
9.6hotel, motel, lodging establishment, public pool, or resort must have the license posted
9.7in a conspicuous place at the establishment. Mobile food units, food carts, and seasonal
9.8temporary food stands shall be issued decals with the initial license and each calendar year
9.9with license renewals. The current license year decal must be placed on the unit or stand
9.10in a location determined by the commissioner. Decals are not transferable.

9.11    Sec. 15. Minnesota Statutes 2008, section 214.103, subdivision 9, is amended to read:
9.12    Subd. 9. Information to complainant. A board shall furnish to a person who
9.13made a complaint a written description of the board's complaint process, and actions of
9.14the board relating to the complaint. The written notice from the board must advise the
9.15complainant of the right to appeal the board's decision to the attorney general within
9.1630 days of receipt of the notice.
9.17EFFECTIVE DATE.This section is effective August 1, 2009.

9.18    Sec. 16. MINIMUM DATA SET, VERSION 3.0.
9.19The commissioner of health shall implement the minimum data set, version 3.0
9.20(MDS 3.0) for the resident reimbursement classification in Minnesota Statutes, section
9.21144.0724, using the rules and guidelines when they are published by the United States
9.22Department of Health and Human Services, Centers for Medicare and Medicaid Services.
9.23Implementation of MDS 3.0 must correspond to the implementation times specified in the
9.24federal requirements. The commissioners of health and human services shall establish
9.25procedures for the transition from resource utilization groups (RUGs) to MDS 3.0 for
9.26resident reimbursement classification.

9.27    Sec. 17. REVISOR'S INSTRUCTION.
9.28The revisor of statutes shall renumber Minnesota Statutes, section 43A.312, as
9.2962J.63 and make any cross-reference changes in Minnesota Statutes.

9.30    Sec. 18. REPEALER.
10.1Minnesota Rules, parts 4610.0420; 4610.0500, subparts 1, 2, 3, and 5; 4610.0600,
10.2subparts 1, 3, and 4; and 4610.0650, are repealed July 1, 2009.

10.3ARTICLE 2

10.4AMENDMENTS TO CURRENT LICENSING STATUTE

10.5    Section 1. Minnesota Statutes 2008, section 148D.010, is amended by adding a
10.6subdivision to read:
10.7    Subd. 6a. Clinical supervision. "Clinical supervision" means supervision, as
10.8defined in subdivision 16, of a social worker engaged in clinical practice, as defined in
10.9subdivision 6.

10.10    Sec. 2. Minnesota Statutes 2008, section 148D.010, is amended by adding a
10.11subdivision to read:
10.12    Subd. 6b. Graduate degree. "Graduate degree" means a master's degree in social
10.13work from a program accredited by the Council on Social Work Education, the Canadian
10.14Association of Schools of Social Work, or a similar accreditation body designated by the
10.15board, or a doctorate in social work from an accredited university.

10.16    Sec. 3. Minnesota Statutes 2008, section 148D.010, subdivision 9, is amended to read:
10.17    Subd. 9. Practice of social work. (a) "Practice of social work" means working
10.18to maintain, restore, or improve behavioral, cognitive, emotional, mental, or social
10.19functioning of clients, in a manner that applies accepted professional social work
10.20knowledge, skills, and values, including the person-in-environment perspective, by
10.21providing in person or through telephone, video conferencing, or electronic means one or
10.22more of the social work services described in paragraph (b), clauses (1) to (3). Social work
10.23services may address conditions that impair or limit behavioral, cognitive, emotional,
10.24mental, or social functioning. Such conditions include, but are not limited to, the
10.25following: abuse and neglect of children or vulnerable adults, addictions, developmental
10.26disorders, disabilities, discrimination, illness, injuries, poverty, and trauma. Practice
10.27of social work also means providing social work services in a position for which the
10.28educational basis is the individual's degree in social work described in subdivision 13.
10.29(b) Social work services include:
10.30(1) providing assessment and intervention through direct contact with clients,
10.31developing a plan based on information from an assessment, and providing services which
10.32include, but are not limited to, assessment, case management, client-centered advocacy,
10.33client education, consultation, counseling, crisis intervention, and referral;
11.1(2) providing for the direct or indirect benefit of clients through administrative,
11.2educational, policy, or research services including, but not limited to:
11.3(i) advocating for policies, programs, or services to improve the well-being of clients;
11.4(ii) conducting research related to social work services;
11.5(iii) developing and administering programs which provide social work services;
11.6(iv) engaging in community organization to address social problems through
11.7planned collective action;
11.8(v) supervising individuals who provide social work services to clients;
11.9(vi) supervising social workers in order to comply with the supervised practice
11.10requirements specified in sections 148D.100 to 148D.125; and
11.11(vii) teaching professional social work knowledge, skills, and values to students; and
11.12(3) engaging in clinical practice.

11.13    Sec. 4. Minnesota Statutes 2008, section 148D.010, subdivision 15, is amended to read:
11.14    Subd. 15. Supervisee. "Supervisee" means an individual provided evaluation and
11.15supervision or direction by a social worker an individual who meets the requirements of
11.16section 148D.120.

11.17    Sec. 5. Minnesota Statutes 2008, section 148D.010, is amended by adding a
11.18subdivision to read:
11.19    Subd. 17. Supervisor. "Supervisor" means an individual who provides evaluation
11.20and direction through supervision as specified in subdivision 16, in order to comply with
11.21sections 148D.100 to 148D.125.

11.22    Sec. 6. Minnesota Statutes 2008, section 148D.025, subdivision 2, is amended to read:
11.23    Subd. 2. Qualifications of board members. (a) All social worker members must
11.24have engaged in the practice of social work in Minnesota for at least one year during
11.25the ten years preceding their appointments.
11.26(b) Five social worker members must be licensed social workers according to
11.27section 148D.055, subdivision 2. The other five members must be include a licensed
11.28graduate social worker, a licensed independent social worker, or a and at least two licensed
11.29independent clinical social worker workers.
11.30(c) Eight social worker members must be engaged at the time of their appointment in
11.31the practice of social work in Minnesota in the following settings:
11.32(1) one member must be engaged in the practice of social work in a county agency;
11.33(2) one member must be engaged in the practice of social work in a state agency;
12.1(3) one member must be engaged in the practice of social work in an elementary,
12.2middle, or secondary school;
12.3(4) one member must be employed in a hospital or nursing home licensed under
12.4chapter 144 or 144A;
12.5(5) two members one member must be engaged in the practice of social work in a
12.6private agency;
12.7(6) one member two members must be engaged in the practice of social work in a
12.8clinical social work setting; and
12.9(7) one member must be an educator engaged in regular teaching duties at a
12.10program of social work accredited by the Council on Social Work Education or a similar
12.11accreditation body designated by the board.
12.12(d) At the time of their appointments, at least six members must reside outside of the
12.13seven-county 11-county metropolitan area.
12.14(e) At the time of their appointments, at least five members must be persons with
12.15expertise in communities of color.

12.16    Sec. 7. Minnesota Statutes 2008, section 148D.025, subdivision 3, is amended to read:
12.17    Subd. 3. Officers. The board must annually biennially elect from its membership a
12.18chair, vice-chair, and secretary-treasurer.

12.19    Sec. 8. Minnesota Statutes 2008, section 148D.061, subdivision 6, is amended to read:
12.20    Subd. 6. Evaluation by supervisor. (a) After being issued a provisional license
12.21under subdivision 1, the licensee licensee's supervisor must submit an evaluation by the
12.22licensee's supervisor every six months during the first 2,000 hours of social work practice.
12.23The evaluation must meet the requirements in section 148D.063. The supervisor must
12.24meet the eligibility requirements specified in section 148D.062.
12.25    (b) After completion of 2,000 hours of supervised social work practice, the licensee's
12.26supervisor must submit a final evaluation and attest to the applicant's ability to engage in
12.27the practice of social work safely and competently and ethically.

12.28    Sec. 9. Minnesota Statutes 2008, section 148D.061, subdivision 8, is amended to read:
12.29    Subd. 8. Disciplinary or other action. The board may take action according to
12.30sections 148D.260 to 148D.270 if:
12.31    (1) the licensee's supervisor does not submit an evaluation as required by section
12.32148D.062 148D.063;
13.1    (2) an evaluation submitted according to section 148D.062 148D.063 indicates that
13.2the licensee cannot practice social work competently and safely ethically; or
13.3    (3) the licensee does not comply with the requirements of subdivisions 1 to 7.

13.4    Sec. 10. Minnesota Statutes 2008, section 148D.062, subdivision 2, is amended to read:
13.5    Subd. 2. Practice requirements. The supervision required by subdivision 1 must
13.6be obtained during the first 2,000 hours of social work practice after the effective date of
13.7the provisional license. At least three hours of supervision must be obtained during every
13.8160 hours of practice under a provisional license until a permanent license is issued.

13.9    Sec. 11. Minnesota Statutes 2008, section 148D.063, subdivision 2, is amended to read:
13.10    Subd. 2. Evaluation. (a) When a supervisee licensee's supervisor submits an
13.11evaluation to the board according to section 148D.061, subdivision 6, the supervisee and
13.12supervisor must provide the following information on a form provided by the board:
13.13    (1) the name of the supervisee, the name of the agency in which the supervisee is
13.14being supervised, and the supervisee's position title;
13.15    (2) the name and qualifications of the supervisor;
13.16    (3) the number of hours and dates of each type of supervision completed;
13.17    (4) the supervisee's position description;
13.18    (5) a declaration that the supervisee has not engaged in conduct in violation of the
13.19standards of practice in sections 148D.195 to 148D.240;
13.20    (6) a declaration that the supervisee has practiced competently and ethically
13.21according to professional social work knowledge, skills, and values; and
13.22    (7) on a form provided by the board, an evaluation of the licensee's practice in
13.23the following areas:
13.24    (i) development of professional social work knowledge, skills, and values;
13.25    (ii) practice methods;
13.26    (iii) authorized scope of practice;
13.27    (iv) ensuring continuing competence;
13.28    (v) ethical standards of practice; and
13.29    (vi) clinical practice, if applicable.
13.30    (b) The information provided on the evaluation form must demonstrate supervisor
13.31must attest to the satisfaction of the board that the supervisee has met or has made progress
13.32on meeting the applicable supervised practice requirements.

13.33    Sec. 12. Minnesota Statutes 2008, section 148D.125, subdivision 1, is amended to read:
14.1    Subdivision 1. Supervision plan. (a) A social worker must submit, on a form
14.2provided by the board, a supervision plan for meeting the supervision requirements
14.3specified in sections 148D.100 to 148D.120.
14.4    (b) The supervision plan must be submitted no later than 90 60 days after the
14.5licensee begins a social work practice position after becoming licensed.
14.6    (c) For failure to submit the supervision plan within 90 60 days after beginning a
14.7social work practice position, a licensee must pay the supervision plan late fee specified in
14.8section 148D.180 when the licensee applies for license renewal.
14.9    (d) A license renewal application submitted pursuant to section 148D.070,
14.10subdivision 3 , must not be approved unless the board has received a supervision plan.
14.11    (e) The supervision plan must include the following:
14.12    (1) the name of the supervisee, the name of the agency in which the supervisee is
14.13being supervised, and the supervisee's position title;
14.14    (2) the name and qualifications of the person providing the supervision;
14.15    (3) the number of hours of one-on-one in-person supervision and the number and
14.16type of additional hours of supervision to be completed by the supervisee;
14.17    (4) the supervisee's position description;
14.18    (5) a brief description of the supervision the supervisee will receive in the following
14.19content areas:
14.20    (i) clinical practice, if applicable;
14.21    (ii) development of professional social work knowledge, skills, and values;
14.22    (iii) practice methods;
14.23    (iv) authorized scope of practice;
14.24    (v) ensuring continuing competence; and
14.25    (vi) ethical standards of practice; and
14.26    (6) if applicable, a detailed description of the supervisee's clinical social work
14.27practice, addressing:
14.28    (i) the client population, the range of presenting issues, and the diagnoses;
14.29    (ii) the clinical modalities that were utilized; and
14.30    (iii) the process utilized for determining clinical diagnoses, including the diagnostic
14.31instruments used and the role of the supervisee in the diagnostic process. An applicant for
14.32licensure as a licensed professional clinical counselor must present evidence of completion
14.33of a degree equivalent to that required in section 148B.5301, subdivision 1, clause (3).
14.34    (f) The board must receive a revised supervision plan within 90 60 days of any
14.35of the following changes:
14.36    (1) the supervisee has a new supervisor;
15.1    (2) the supervisee begins a new social work position;
15.2    (3) the scope or content of the supervisee's social work practice changes substantially;
15.3    (4) the number of practice or supervision hours changes substantially; or
15.4    (5) the type of supervision changes as supervision is described in section 148D.100,
15.5subdivision 3 , or 148D.105, subdivision 3, or as required in section 148D.115, subdivision
15.64 .
15.7    (g) For failure to submit a revised supervision plan as required in paragraph (f), a
15.8supervisee must pay the supervision plan late fee specified in section 148D.180, when
15.9the supervisee applies for license renewal.
15.10    (h) The board must approve the supervisor and the supervision plan.

15.11    Sec. 13. Minnesota Statutes 2008, section 148D.125, subdivision 3, is amended to read:
15.12    Subd. 3. Verification of supervised practice. (a) In addition to receiving the
15.13attestation required pursuant to subdivision 2, The board must receive verification of
15.14supervised practice if when:
15.15(1) the board audits the supervision of a supervisee licensee submits the license
15.16renewal application form pursuant to section 148D.070, subdivision 3; or
15.17(2) an applicant applies for a license as a licensed independent social worker or as a
15.18licensed independent clinical social worker.
15.19(b) When verification of supervised practice is required pursuant to paragraph (a),
15.20the board must receive from the supervisor the following information on a form provided
15.21by the board:
15.22(1) the name of the supervisee, the name of the agency in which the supervisee is
15.23being supervised, and the supervisee's position title;
15.24(2) the name and qualifications of the supervisor;
15.25(3) the number of hours and dates of each type of supervision completed;
15.26(4) the supervisee's position description;
15.27(5) a declaration that the supervisee has not engaged in conduct in violation of the
15.28standards of practice specified in sections 148D.195 to 148D.240;
15.29(6) a declaration that the supervisee has practiced ethically and competently in
15.30accordance with professional social work knowledge, skills, and values;
15.31(7) a list of the content areas in which the supervisee has received supervision,
15.32including the following:
15.33(i) clinical practice, if applicable;
15.34(ii) development of professional social work knowledge, skills, and values;
15.35(iii) practice methods;
16.1(iv) authorized scope of practice;
16.2(v) ensuring continuing competence; and
16.3(vi) ethical standards of practice; and
16.4(8) if applicable, a detailed description of the supervisee's clinical social work
16.5practice, addressing:
16.6(i) the client population, the range of presenting issues, and the diagnoses;
16.7(ii) the clinical modalities that were utilized; and
16.8(iii) the process utilized for determining clinical diagnoses, including the diagnostic
16.9instruments used and the role of the supervisee in the diagnostic process.
16.10(c) The information provided on the verification form must demonstrate to the board's
16.11satisfaction that the supervisee has met the applicable supervised practice requirements.

16.12    Sec. 14. REPEALER.
16.13Minnesota Statutes 2008, sections 148D.062, subdivision 5; 148D.125, subdivision
16.142; and 148D.180, subdivision 8, are repealed.

16.15    Sec. 15. EFFECTIVE DATE.
16.16This article is effective the day following final enactment.

16.17ARTICLE 3

16.18LICENSING STATUTE EFFECTIVE 2011

16.19    Section 1. Minnesota Statutes 2008, section 148E.010, is amended by adding a
16.20subdivision to read:
16.21    Subd. 5a. Client system. "Client system" means the client and those in the client's
16.22environment who are potentially influential in contributing to a resolution of the client's
16.23issues.

16.24    Sec. 2. Minnesota Statutes 2008, section 148E.010, is amended by adding a subdivision
16.25to read:
16.26    Subd. 7a. Direct clinical client contact. "Direct clinical client contact" means
16.27in-person or electronic media interaction with a client, including client systems and
16.28service providers, related to the client's mental and emotional functioning, differential
16.29diagnosis, and treatment, in subdivision 6.

16.30    Sec. 3. Minnesota Statutes 2008, section 148E.010, subdivision 11, is amended to read:
17.1    Subd. 11. Practice of social work. (a) "Practice of social work" means working
17.2to maintain, restore, or improve behavioral, cognitive, emotional, mental, or social
17.3functioning of clients, in a manner that applies accepted professional social work
17.4knowledge, skills, and values, including the person-in-environment perspective, by
17.5providing in person or through telephone, video conferencing, or electronic means one or
17.6more of the social work services described in paragraph (b), clauses (1) to (3). Social work
17.7services may address conditions that impair or limit behavioral, cognitive, emotional,
17.8mental, or social functioning. Such conditions include, but are not limited to, the
17.9following: abuse and neglect of children or vulnerable adults, addictions, developmental
17.10disorders, disabilities, discrimination, illness, injuries, poverty, and trauma. Practice
17.11of social work also means providing social work services in a position for which the
17.12educational basis is the individual's degree in social work described in subdivision 13.
17.13(b) Social work services include:
17.14    (1) providing assessment and intervention through direct contact with clients,
17.15developing a plan based on information from an assessment, and providing services which
17.16include, but are not limited to, assessment, case management, client-centered advocacy,
17.17client education, consultation, counseling, crisis intervention, and referral;
17.18    (2) providing for the direct or indirect benefit of clients through administrative,
17.19educational, policy, or research services including, but not limited to:
17.20    (i) advocating for policies, programs, or services to improve the well-being of clients;
17.21    (ii) conducting research related to social work services;
17.22    (iii) developing and administering programs which provide social work services;
17.23    (iv) engaging in community organization to address social problems through
17.24planned collective action;
17.25    (v) supervising individuals who provide social work services to clients;
17.26    (vi) supervising social workers in order to comply with the supervised practice
17.27requirements specified in sections 148E.100 to 148E.125; and
17.28    (vii) teaching professional social work knowledge, skills, and values to students; and
17.29    (3) engaging in clinical practice.

17.30    Sec. 4. Minnesota Statutes 2008, section 148E.010, subdivision 17, is amended to read:
17.31    Subd. 17. Supervisee. "Supervisee" means an individual provided evaluation and
17.32supervision or direction by a social worker an individual who meets the requirements
17.33under section 148E.120.

18.1    Sec. 5. Minnesota Statutes 2008, section 148E.010, is amended by adding a subdivision
18.2to read:
18.3    Subd. 19. Supervisor. "Supervisor" means an individual who provides evaluation
18.4and direction through supervision as described in subdivision 18 in order to comply with
18.5sections 148E.100 to 148E.125.

18.6    Sec. 6. Minnesota Statutes 2008, section 148E.025, subdivision 2, is amended to read:
18.7    Subd. 2. Qualifications of board members. (a) All social worker members must
18.8have engaged in the practice of social work in Minnesota for at least one year during
18.9the ten years preceding their appointments.
18.10    (b) Five social worker members must be licensed social workers under section
18.11148E.055, subdivision 2. The other five members must be include a licensed graduate
18.12social worker, a licensed independent social worker, or a and at least two licensed
18.13independent clinical social worker workers.
18.14    (c) Eight social worker members must be engaged at the time of their appointment in
18.15the practice of social work in Minnesota in the following settings:
18.16    (1) one member must be engaged in the practice of social work in a county agency;
18.17    (2) one member must be engaged in the practice of social work in a state agency;
18.18    (3) one member must be engaged in the practice of social work in an elementary,
18.19middle, or secondary school;
18.20    (4) one member must be employed in a hospital or nursing home licensed under
18.21chapter 144 or 144A;
18.22    (5) two members one member must be engaged in the practice of social work in a
18.23private agency;
18.24    (6) one member two members must be engaged in the practice of social work in a
18.25clinical social work setting; and
18.26    (7) one member must be an educator engaged in regular teaching duties at a
18.27program of social work accredited by the Council on Social Work Education or a similar
18.28accreditation body designated by the board.
18.29    (d) At the time of their appointments, at least six members must reside outside
18.30of the seven 11-county metropolitan area.
18.31    (e) At the time of their appointments, at least five members must be persons with
18.32expertise in communities of color.

18.33    Sec. 7. Minnesota Statutes 2008, section 148E.025, subdivision 3, is amended to read:
19.1    Subd. 3. Officers. The board must annually biennially elect from its membership a
19.2chair, vice-chair, and secretary-treasurer.

19.3    Sec. 8. Minnesota Statutes 2008, section 148E.055, subdivision 5, is amended to read:
19.4    Subd. 5. Licensure by examination; licensed independent clinical social worker.
19.5    (a) To be licensed as a licensed independent clinical social worker, an applicant for
19.6licensure by examination must provide evidence satisfactory to the board that the applicant:
19.7    (1) has received a graduate degree in social work from a program accredited by
19.8the Council on Social Work Education, the Canadian Association of Schools of Social
19.9Work, or a similar accreditation body designated by the board, or a doctorate in social
19.10work from an accredited university;
19.11    (2) has completed 360 clock hours (one semester credit hour = 15 clock hours) in
19.12the following clinical knowledge areas:
19.13    (i) 108 clock hours (30 percent) in differential diagnosis and biopsychosocial
19.14assessment, including normative development and psychopathology across the life span;
19.15    (ii) 36 clock hours (ten percent) in assessment-based clinical treatment planning with
19.16measurable goals;
19.17    (iii) 108 clock hours (30 percent) in clinical intervention methods informed by
19.18research and current standards of practice;
19.19    (iv) 18 clock hours (five percent) in evaluation methodologies;
19.20    (v) 72 clock hours (20 percent) in social work values and ethics, including cultural
19.21context, diversity, and social policy; and
19.22    (vi) 18 clock hours (five percent) in culturally specific clinical assessment and
19.23intervention;
19.24    (3) has practiced clinical social work as defined in section 148E.010, including both
19.25diagnosis and treatment, and has met the supervised practice requirements specified in
19.26sections 148E.100 to 148E.125;
19.27    (4) has passed the clinical or equivalent examination administered by the Association
19.28of Social Work Boards or a similar examination body designated by the board. Unless an
19.29applicant applies for licensure by endorsement according to subdivision 7, an examination
19.30is not valid if it was taken and passed eight or more years prior to submitting a completed,
19.31signed application form provided by the board;
19.32    (5) has submitted a completed, signed application form provided by the board,
19.33including the applicable application fee specified in section 148E.180. For applications
19.34submitted electronically, a "signed application" means providing an attestation as specified
19.35by the board;
20.1    (6) has submitted the criminal background check fee and a form provided by the
20.2board authorizing a criminal background check according to subdivision 8;
20.3    (7) has paid the license fee specified in section 148E.180; and
20.4    (8) has not engaged in conduct that was or would be in violation of the standards
20.5of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
20.6conduct that was or would be in violation of the standards of practice, the board may take
20.7action according to sections 148E.255 to 148E.270.
20.8    (b) The requirement in paragraph (a), clause (2), may be satisfied through: (1)
20.9a graduate degree program accredited by the Council on Social Work Education, the
20.10Canadian Association of Schools of Social Work, or a similar accreditation body
20.11designated by the board; or a doctorate in social work from an accredited university; (2)
20.12postgraduate graduate coursework from an accredited institution of higher learning; or
20.13(3) up to 90 continuing education hours, not to exceed 20 hours of independent study
20.14as specified in section 148E.130, subdivision 5. The continuing education must have a
20.15course description available for public review and must include a posttest. Compliance
20.16with this requirement must be documented on a form provided by the board. The board
20.17may conduct audits of the information submitted in order to determine compliance with
20.18the requirements of this section.
20.19    (c) An application which is not completed and signed, or which is not accompanied
20.20by the correct fee, must be returned to the applicant, along with any fee submitted, and is
20.21void.
20.22    (d) By submitting an application for licensure, an applicant authorizes the board to
20.23investigate any information provided or requested in the application. The board may
20.24request that the applicant provide additional information, verification, or documentation.
20.25    (e) Within one year of the time the board receives an application for licensure, the
20.26applicant must meet all the requirements specified in paragraph (a) and must provide all of
20.27the information requested by the board according to paragraph (d). If within one year the
20.28applicant does not meet all the requirements, or does not provide all of the information
20.29requested, the applicant is considered ineligible and the application for licensure must
20.30be closed.
20.31    (f) Except as provided in paragraph (g), an applicant may not take more than three
20.32times the clinical or equivalent examination administered by the Association of Social
20.33Work Boards or a similar examination body designated by the board. An applicant must
20.34receive a passing score on the clinical or equivalent examination administered by the
20.35Association of Social Work Boards or a similar examination body designated by the board
20.36no later than 18 months after the first time the applicant failed the examination.
21.1    (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a
21.2fourth or subsequent time, the clinical or equivalent examination administered by the
21.3Association of Social Work Boards or a similar examination body designated by the
21.4board if the applicant:
21.5    (1) meets all requirements specified in paragraphs (a) to (e) other than passing the
21.6clinical or equivalent examination administered by the Association of Social Work Boards
21.7or a similar examination body designated by the board;
21.8    (2) provides to the board a description of the efforts the applicant has made to
21.9improve the applicant's score and demonstrates to the board's satisfaction that the efforts
21.10are likely to improve the score; and
21.11    (3) provides to the board letters of recommendation from two licensed social
21.12workers attesting to the applicant's ability to practice social work competently and
21.13ethically according to professional social work knowledge, skills, and values.
21.14    (h) An individual must not practice social work until the individual passes the
21.15examination and receives a social work license under this section or section 148E.060. If
21.16the board has reason to believe that an applicant may be practicing social work without a
21.17license, and the applicant has failed the clinical or equivalent examination administered
21.18by the Association of Social Work Boards or a similar examination body designated by
21.19the board, the board may notify the applicant's employer that the applicant is not licensed
21.20as a social worker.

21.21    Sec. 9. Minnesota Statutes 2008, section 148E.100, is amended by adding a subdivision
21.22to read:
21.23    Subd. 2a. Supervised practice obtained prior to August 1, 2011. (a)
21.24Notwithstanding the requirements in subdivisions 1 and 2, the board shall approve hours
21.25of supervised practice completed prior to August 1, 2011, which comply with sections
21.26148D.100 to 148D.125. These hours must apply to supervised practice requirements in
21.27effect as specified in this section.
21.28(b) Any additional hours of supervised practice obtained effective August 1, 2011,
21.29must comply with the increased requirements specified in this section.

21.30    Sec. 10. Minnesota Statutes 2008, section 148E.100, subdivision 3, is amended to read:
21.31    Subd. 3. Types of supervision. Of the 100 hours of supervision required under
21.32subdivision 1:
22.1    (1) 50 hours must be provided through one-on-one supervision, including: (i)
22.2a minimum of 25 hours of in-person supervision, and (ii) no more than 25 hours of
22.3supervision via eye-to-eye electronic media, while maintaining visual contact; and
22.4    (2) 50 hours must be provided through: (i) one-on-one supervision, or (ii) group
22.5supervision. The supervision may be in person, by telephone, or via eye-to-eye electronic
22.6media, while maintaining visual contact. The supervision must not be provided by e-mail.
22.7Group supervision is limited to six members not counting the supervisor or supervisors
22.8supervisees.

22.9    Sec. 11. Minnesota Statutes 2008, section 148E.100, subdivision 4, is amended to read:
22.10    Subd. 4. Supervisor requirements. The supervision required by subdivision 1 must
22.11be provided by a supervisor who meets the requirements specified in section 148E.120.
22.12The supervision must be provided by a:
22.13    (1) is a licensed social worker who has completed the supervised practice
22.14requirements;
22.15    (2) is a licensed graduate social worker, licensed independent social worker, or
22.16licensed independent clinical social worker; or
22.17    (3) supervisor who meets the requirements specified in section 148E.120,
22.18subdivision 2 .

22.19    Sec. 12. Minnesota Statutes 2008, section 148E.100, subdivision 5, is amended to read:
22.20    Subd. 5. Supervisee requirements. The supervisee must:
22.21    (1) to the satisfaction of the supervisor, practice competently and ethically according
22.22to professional social work knowledge, skills, and values;
22.23    (2) receive supervision in the following content areas:
22.24    (i) development of professional values and responsibilities;
22.25    (ii) practice skills;
22.26    (iii) authorized scope of practice;
22.27    (iv) ensuring continuing competence; and
22.28    (v) ethical standards of practice;
22.29    (3) submit a supervision plan according to section 148E.125, subdivision 1; and
22.30    (4) if the board audits the supervisee's supervised practice, submit verification of
22.31supervised practice according to section 148E.125, subdivision 3, when a licensed social
22.32worker applies for the renewal of a license.

22.33    Sec. 13. Minnesota Statutes 2008, section 148E.100, subdivision 6, is amended to read:
23.1    Subd. 6. After completion of supervision requirements. A licensed social worker
23.2who fulfills the supervision requirements specified in subdivisions 1 to 5 this section is not
23.3required to be supervised after completion of the supervision requirements.

23.4    Sec. 14. Minnesota Statutes 2008, section 148E.100, subdivision 7, is amended to read:
23.5    Subd. 7. Attestation Verification of supervised practice. The social worker and
23.6the social worker's supervisor must attest submit verification that the supervisee has met
23.7or has made progress on meeting the applicable supervision requirements according to
23.8section 148E.125, subdivision 2 3.

23.9    Sec. 15. Minnesota Statutes 2008, section 148E.105, subdivision 1, is amended to read:
23.10    Subdivision 1. Supervision required after licensure. After receiving a license
23.11from the board as a licensed graduate social worker, a licensed graduate social worker
23.12not engaged in clinical practice must obtain at least 100 hours of supervision according to
23.13the requirements of this section.

23.14    Sec. 16. Minnesota Statutes 2008, section 148E.105, is amended by adding a
23.15subdivision to read:
23.16    Subd. 2a. Supervised practice obtained prior to August 1, 2011. (a)
23.17Notwithstanding the requirements in subdivisions 1 and 2, the board shall approve hours
23.18of supervised practice completed prior to August 1, 2011, which comply with sections
23.19148D.100 to 148D.125. These hours shall apply to supervised practice requirements in
23.20effect as specified in this section.
23.21(b) Any additional hours of supervised practice obtained effective August 1, 2011,
23.22must comply with the increased requirements specified in this section.

23.23    Sec. 17. Minnesota Statutes 2008, section 148E.105, subdivision 3, is amended to read:
23.24    Subd. 3. Types of supervision. Of the 100 hours of supervision required under
23.25subdivision 1:
23.26    (1) 50 hours must be provided though one-on-one supervision, including: (i)
23.27a minimum of 25 hours of in-person supervision, and (ii) no more than 25 hours of
23.28supervision via eye-to-eye electronic media, while maintaining visual contact; and
23.29    (2) 50 hours must be provided through: (i) one-on-one supervision, or (ii) group
23.30supervision. The supervision may be in person, by telephone, or via eye-to-eye electronic
23.31media, while maintaining visual contact. The supervision must not be provided by e-mail.
23.32Group supervision is limited to six supervisees.

24.1    Sec. 18. Minnesota Statutes 2008, section 148E.105, subdivision 5, is amended to read:
24.2    Subd. 5. Supervisee requirements. The supervisee must:
24.3    (1) to the satisfaction of the supervisor, practice competently and ethically according
24.4to professional social work knowledge, skills, and values;
24.5    (2) receive supervision in the following content areas:
24.6    (i) development of professional values and responsibilities;
24.7    (ii) practice skills;
24.8    (iii) authorized scope of practice;
24.9    (iv) ensuring continuing competence; and
24.10    (v) ethical standards of practice;
24.11    (3) submit a supervision plan according to section 148E.125, subdivision 1; and
24.12    (4) verify supervised practice according to section 148E.125, subdivision 3, if when:
24.13    (i) the board audits the supervisee's supervised practice a licensed graduate social
24.14worker applies for the renewal of a license; or
24.15    (ii) a licensed graduate social worker applies for a licensed independent social
24.16worker license.

24.17    Sec. 19. Minnesota Statutes 2008, section 148E.105, subdivision 7, is amended to read:
24.18    Subd. 7. Attestation Verification of supervised practice. A social worker and the
24.19social worker's supervisor must attest submit verification that the supervisee has met
24.20or has made progress on meeting the applicable supervision requirements according to
24.21section 148E.125, subdivision 2 3.

24.22    Sec. 20. Minnesota Statutes 2008, section 148E.106, subdivision 1, is amended to read:
24.23    Subdivision 1. Supervision required after licensure. After receiving a license
24.24from the board as a licensed graduate social worker, a licensed graduate social worker
24.25engaged in clinical practice must obtain at least 200 hours of supervision according to
24.26the requirements of this section.:
24.27(1) a minimum of four hours and a maximum of eight hours of supervision must be
24.28obtained during every 160 hours of practice until the licensed graduate social worker is
24.29issued a licensed independent clinical social worker license;
24.30(2) a minimum of 200 hours of supervision must be completed, in addition to all
24.31other requirements according to sections 148E.115 to 148E.125, to be eligible to apply for
24.32the licensed independent clinical social worker license; and
25.1(3) the supervisee and supervisor are required to adjust the rate of supervision
25.2obtained, based on the ratio of four hours of supervision during every 160 hours of
25.3practice, to ensure compliance with the requirements in subdivision 2.

25.4    Sec. 21. Minnesota Statutes 2008, section 148E.106, subdivision 2, is amended to read:
25.5    Subd. 2. Practice requirements. The supervision required by subdivision 1 must
25.6be obtained during the first 4,000 hours of postgraduate social work practice authorized by
25.7law. At least:
25.8(1) in no less than 4,000 hours and no more than 8,000 hours of postgraduate,
25.9clinical social work practice authorized by law, including at least 1,800 hours of direct
25.10clinical client contact; and
25.11(2) a minimum of four hours and a maximum of eight hours of supervision must be
25.12obtained during every 160 hours of practice.

25.13    Sec. 22. Minnesota Statutes 2008, section 148E.106, is amended by adding a
25.14subdivision to read:
25.15    Subd. 2a. Supervised practice obtained prior to August 1, 2011. (a)
25.16Notwithstanding the requirements in subdivisions 1 and 2, the board shall approve hours
25.17of supervised practice completed prior to August 1, 2011, which comply with sections
25.18148D.100 to 148D.125. These hours shall apply to supervised practice requirements in
25.19effect as specified in this section.
25.20(b) Any additional hours of supervised practice obtained effective August 1, 2011,
25.21must comply with the increased requirements specified in this section.
25.22(c) Notwithstanding the requirements in subdivision 2, clause (1), direct clinical
25.23client contact hours are (i) not required prior to August 1, 2011, and (ii) not required of
25.24a licensed graduate social worker engaged in clinical practice with a licensed graduate
25.25social worker license issue date prior to August 1, 2011.

25.26    Sec. 23. Minnesota Statutes 2008, section 148E.106, subdivision 3, is amended to read:
25.27    Subd. 3. Types of supervision. Of the 200 hours of supervision required under
25.28subdivision 1:
25.29    (1) 100 hours must be provided through one-on-one supervision, including: (i)
25.30a minimum of 50 hours of in-person supervision, and (ii) no more than 50 hours of
25.31supervision via eye-to-eye electronic media, while maintaining visual contact; and
25.32    (2) 100 hours must be provided through: (i) one-on-one supervision, or (ii) group
25.33supervision. The supervision may be in person, by telephone, or via eye-to-eye electronic
26.1media, while maintaining visual contact. The supervision must not be provided by e-mail.
26.2Group supervision is limited to six supervisees.

26.3    Sec. 24. Minnesota Statutes 2008, section 148E.106, subdivision 4, is amended to read:
26.4    Subd. 4. Supervisor requirements. The supervision required by subdivision 1 must
26.5be provided by a supervisor who meets the requirements specified in section 148E.120.
26.6The supervision must be provided by a:
26.7    (1) by a licensed independent clinical social worker; or
26.8    (2) by a supervisor who meets the requirements specified in section 148E.120,
26.9subdivision 2.

26.10    Sec. 25. Minnesota Statutes 2008, section 148E.106, subdivision 5, is amended to read:
26.11    Subd. 5. Supervisee requirements. The supervisee must:
26.12    (1) to the satisfaction of the supervisor, practice competently and ethically according
26.13to professional social work knowledge, skills, and values;
26.14    (2) receive supervision in the following content areas:
26.15    (i) development of professional values and responsibilities;
26.16    (ii) practice skills;
26.17    (iii) authorized scope of practice;
26.18    (iv) ensuring continuing competence; and
26.19    (v) ethical standards of practice;
26.20    (3) submit a supervision plan according to section 148E.125, subdivision 1; and
26.21    (4) verify supervised practice according to section 148E.125, subdivision 3, if when:
26.22    (i) the board audits the supervisee's supervised practice a licensed graduate social
26.23worker applies for the renewal of a license; or
26.24    (ii) a licensed graduate social worker applies for a licensed independent clinical
26.25social worker license.

26.26    Sec. 26. Minnesota Statutes 2008, section 148E.106, subdivision 8, is amended to read:
26.27    Subd. 8. Eligibility to apply for licensure as a licensed independent clinical
26.28social worker. Upon completion of not less than 4,000 hours and not more than 8,000
26.29hours of clinical social work practice, including at least 1,800 hours of direct clinical
26.30client contact and 200 hours of supervision according to the requirements of this section,
26.31a licensed graduate social worker is eligible to apply for a licensed independent clinical
26.32social worker license under section 148E.115, subdivision 1.

27.1    Sec. 27. Minnesota Statutes 2008, section 148E.106, subdivision 9, is amended to read:
27.2    Subd. 9. Attestation Verification of supervised practice. A social worker and the
27.3social worker's supervisor must attest submit verification that the supervisee has met
27.4or has made progress on meeting the applicable supervision requirements according to
27.5section 148E.125, subdivision 2 3.

27.6    Sec. 28. Minnesota Statutes 2008, section 148E.110, subdivision 1, is amended to read:
27.7    Subdivision 1. Supervision required before licensure. Before becoming licensed
27.8as a licensed independent social worker, a person must have obtained at least 100 hours
27.9of supervision during 4,000 hours of postgraduate social work practice required by law
27.10according to the requirements of section 148E.105, subdivisions 3, 4, and 5. At least four
27.11hours of supervision must be obtained during every 160 hours of practice.

27.12    Sec. 29. Minnesota Statutes 2008, section 148E.110, is amended by adding a
27.13subdivision to read:
27.14    Subd. 1a. Supervised practice obtained prior to August 1, 2011. (a)
27.15Notwithstanding subdivision 1, the board shall approve supervised practice hours
27.16completed prior to August 1, 2011, which comply with sections 148D.100 to 148D.125.
27.17These hours must apply to supervised practice requirements in effect as specified in this
27.18section.
27.19(b) Any additional hours of supervised practice obtained on or after August 1, 2011,
27.20must comply with the increased requirements in this section.

27.21    Sec. 30. Minnesota Statutes 2008, section 148E.110, subdivision 2, is amended to read:
27.22    Subd. 2. Licensed independent social workers; clinical social work after
27.23licensure. After licensure, a licensed independent social worker must not engage in
27.24clinical social work practice except under supervision by a licensed independent clinical
27.25social worker who meets the requirements in section 148E.120, subdivision 1, or an
27.26alternate supervisor designated according to section 148E.120, subdivision 2.

27.27    Sec. 31. Minnesota Statutes 2008, section 148E.110, is amended by adding a
27.28subdivision to read:
27.29    Subd. 5. Supervision; licensed independent social worker engaged in clinical
27.30social work practice. (a) After receiving a license from the board as a licensed
27.31independent social worker, a licensed independent social worker engaged in clinical social
28.1work practice must obtain at least 200 hours of supervision according to the requirements
28.2of this section.
28.3(b) A minimum of four hours and a maximum of eight hours of supervision must be
28.4obtained during every 160 hours of practice until the licensed independent social worker is
28.5issued a licensed independent clinical social worker license.
28.6(c) A minimum of 200 hours of supervision must be completed, in addition to all
28.7other requirements according to sections 148E.115 to 148E.125, to be eligible to apply
28.8for the licensed independent clinical social worker license.
28.9(d) The supervisee and supervisor are required to adjust the rate of supervision
28.10obtained based on the ratio of four hours of supervision during every 160 hours of practice
28.11to ensure compliance with the requirements in subdivision 1a.

28.12    Sec. 32. Minnesota Statutes 2008, section 148E.110, is amended by adding a
28.13subdivision to read:
28.14    Subd. 6. Practice requirements after licensure as licensed independent social
28.15worker; clinical social work practice. (a) The supervision required by subdivision 5
28.16must be obtained:
28.17(1) in no less than 4,000 hours and no more than 8,000 hours of postgraduate clinical
28.18social work practice authorized by law, including at least 1,800 hours of direct clinical
28.19client contact; and
28.20(2) a minimum of four hours and a maximum of eight hours of supervision must be
28.21obtained during every 160 hours of practice.
28.22(b) Notwithstanding paragraph (a), clause (1), direct clinical client contact hours are
28.23(i) not required prior to August 1, 2011, and (ii) not required of a licensed independent
28.24social worker engaged in clinical practice with a licensed independent social worker
28.25license issue date prior to August 1, 2011.

28.26    Sec. 33. Minnesota Statutes 2008, section 148E.110, is amended by adding a
28.27subdivision to read:
28.28    Subd. 7. Supervision; clinical social work practice after licensure as licensed
28.29independent social worker. Of the 200 hours of supervision required under subdivision 5:
28.30(1) 100 hours must be provided through one-on-one supervision, including:
28.31(i) a minimum of 50 hours of in-person supervision; and
28.32(ii) no more than 50 hours of supervision via eye-to-eye electronic media, while
28.33maintaining visual contact; and
28.34(2) 100 hours must be provided through:
29.1(i) one-on-one supervision; or
29.2(ii) group supervision.
29.3The supervision may be in person, by telephone, or via eye-to-eye electronic media, while
29.4maintaining visual contact. The supervision must not be provided by e-mail. Group
29.5supervision is limited to six supervisees.

29.6    Sec. 34. Minnesota Statutes 2008, section 148E.110, is amended by adding a
29.7subdivision to read:
29.8    Subd. 8. Supervision; clinical social work practice after licensure. The
29.9supervision required by subdivision 5 must be provided by a supervisor who meets the
29.10requirements specified in section 148E.120. The supervision must be provided by a:
29.11(1) licensed independent clinical social worker; or
29.12(2) supervisor who meets the requirements specified in section 148E.120,
29.13subdivision 2.

29.14    Sec. 35. Minnesota Statutes 2008, section 148E.110, is amended by adding a
29.15subdivision to read:
29.16    Subd. 9. Supervisee requirements; clinical social work practice after licensure.
29.17The supervisee must:
29.18(1) to the satisfaction of the supervisor, practice competently and ethically according
29.19to professional social work knowledge, skills, and values;
29.20(2) receive supervision in the following content areas:
29.21(i) development of professional values and responsibilities;
29.22(ii) practice skills;
29.23(iii) authorized scope of practice;
29.24(iv) ensuring continuing competence; and
29.25(v) ethical standards of practice;
29.26(3) submit a supervision plan according to section 148E.125, subdivision 1; and
29.27(4) verify supervised practice according to section 148E.125, subdivision 3, when:
29.28(i) a licensed independent social worker applies for the renewal of a license; or
29.29(ii) a licensed independent social worker applies for a licensed independent clinical
29.30social worker license.

29.31    Sec. 36. Minnesota Statutes 2008, section 148E.110, is amended by adding a
29.32subdivision to read:
30.1    Subd. 10. Limit on practice of clinical social work. (a) Except as provided in
30.2paragraph (b), a licensed independent social worker must not engage in clinical social
30.3work practice under supervision for more than 8,000 hours. In order to practice clinical
30.4social work for more than 8,000 hours, a licensed independent social worker must obtain a
30.5licensed independent clinical social worker license.
30.6(b) Notwithstanding the requirements of paragraph (a), the board may grant a
30.7licensed independent social worker permission to engage in clinical social work practice
30.8for more than 8,000 hours if the licensed independent social worker petitions the board
30.9and demonstrates to the board's satisfaction that for reasons of personal hardship the
30.10licensed independent social worker should be granted an extension to continue practicing
30.11clinical social work under supervision for up to an additional 2,000 hours.

30.12    Sec. 37. Minnesota Statutes 2008, section 148E.110, is amended by adding a
30.13subdivision to read:
30.14    Subd. 11. Eligibility for licensure; licensed independent clinical social worker.
30.15Upon completion of not less than 4,000 hours and not more than 8,000 hours of clinical
30.16social work practice, including at least 1,800 hours of direct clinical client contact and 200
30.17hours of supervision according to the requirements of this section, a licensed independent
30.18social worker is eligible to apply for a licensed independent clinical social worker license
30.19under section 148E.115, subdivision 1.

30.20    Sec. 38. Minnesota Statutes 2008, section 148E.110, is amended by adding a
30.21subdivision to read:
30.22    Subd. 12. Verification of supervised practice. A social worker and the social
30.23worker's supervisor must submit verification that the supervisee has met or has made
30.24progress on meeting the applicable supervision requirements according to section
30.25148E.125, subdivision 3.

30.26    Sec. 39. Minnesota Statutes 2008, section 148E.115, subdivision 1, is amended to read:
30.27    Subdivision 1. Supervision required before licensure; licensed independent
30.28clinical social worker. Before becoming licensed as a licensed independent clinical social
30.29worker, a person must have obtained at least 200 hours of supervision during at the rate
30.30of a minimum of four and a maximum of eight hours of supervision for every 160 hours
30.31of practice, in not less than 4,000 hours and not more than 8,000 hours of postgraduate
30.32clinical practice required by law, including at least 1,800 hours of direct clinical client
30.33contact, according to the requirements of section 148E.106.

31.1    Sec. 40. Minnesota Statutes 2008, section 148E.115, is amended by adding a
31.2subdivision to read:
31.3    Subd. 1a. Supervised practice obtained prior to August 1, 2011. (a)
31.4Notwithstanding subdivisions 1 and 2, applicants and licensees who have completed hours
31.5of supervised practice prior to August 1, 2011, which comply with sections 148D.100 to
31.6148D.125, may have that supervised practice applied to the licensing requirement.
31.7(b) Any additional hours of supervised practice obtained on or after August 1, 2011,
31.8must comply with the increased requirements in this section.
31.9(c) Notwithstanding subdivision 1, in order to qualify for the licensed independent
31.10clinical social work license, direct clinical client contact hours are:
31.11(1) not required prior to August 1, 2011; and
31.12(2) not required of either a licensed graduate social worker or a licensed independent
31.13social worker engaged in clinical practice with a license issued prior to August 1, 2011.

31.14    Sec. 41. Minnesota Statutes 2008, section 148E.120, is amended to read:
31.15148E.120 REQUIREMENTS OF SUPERVISORS.
31.16    Subdivision 1. Supervisors licensed as social workers. (a) Except as provided
31.17in paragraph (b) (d), to be eligible to provide supervision under this section, a social
31.18worker must:
31.19    (1) have at least 2,000 hours of experience in authorized social work practice. If
31.20the person is providing clinical supervision, the 2,000 hours must include 1,000 hours of
31.21experience in clinical practice;
31.22    (2) have completed 30 hours of training in supervision through coursework from
31.23an accredited college or university, or through continuing education in compliance with
31.24sections 148E.130 to 148E.170;
31.25    (3) (2) be competent in the activities being supervised; and
31.26    (4) (3) attest, on a form provided by the board, that the social worker has met the
31.27applicable requirements specified in this section and sections 148E.100 to 148E.115. The
31.28board may audit the information provided to determine compliance with the requirements
31.29of this section.
31.30(b) A licensed independent clinical social worker providing clinical licensing
31.31supervision to a licensed graduate social worker or a licensed independent social worker
31.32must have at least 2,000 hours of experience in authorized social work practice, including
31.331,000 hours of experience in clinical practice after obtaining a licensed independent
31.34clinical social worker license.
32.1(c) A licensed social worker, licensed graduate social worker, licensed independent
32.2social worker, or licensed independent clinical social worker providing nonclinical
32.3licensing supervision must have completed the supervised practice requirements specified
32.4in section 148E.100, 148E.105, 148E.106, 148E.110, or 148E.115, as applicable.
32.5    (b) (d) If the board determines that supervision is not obtainable from an individual
32.6meeting the requirements specified in paragraph (a), the board may approve an alternate
32.7supervisor according to subdivision 2.
32.8    Subd. 2. Alternate supervisors. (a) The board may approve an alternate supervisor
32.9if:
32.10    (1) the board determines that supervision is not obtainable according to paragraph
32.11(b);
32.12    (2) the licensee requests in the supervision plan submitted according to section
32.13148E.125, subdivision 1 , that an alternate supervisor conduct the supervision;
32.14    (3) the licensee describes the proposed supervision and the name and qualifications
32.15of the proposed alternate supervisor; and
32.16    (4) the requirements of paragraph (d) are met.
32.17    (b) The board may determine that supervision is not obtainable if:
32.18    (1) the licensee provides documentation as an attachment to the supervision plan
32.19submitted according to section 148E.125, subdivision 1, that the licensee has conducted a
32.20thorough search for a supervisor meeting the applicable licensure requirements specified
32.21in sections 148E.100 to 148E.115;
32.22    (2) the licensee demonstrates to the board's satisfaction that the search was
32.23unsuccessful; and
32.24    (3) the licensee describes the extent of the search and the names and locations of
32.25the persons and organizations contacted.
32.26    (c) The requirements specified in paragraph (b) do not apply to obtaining licensing
32.27supervision for clinical social work practice if the board determines that there are five or
32.28fewer licensed independent clinical social workers supervisors meeting the applicable
32.29licensure requirements in sections 148E.100 to 148E.115 in the county where the licensee
32.30practices social work.
32.31    (d) An alternate supervisor must:
32.32    (1) be an unlicensed social worker who is employed in, and provides the supervision
32.33in, a setting exempt from licensure by section 148E.065, and who has qualifications
32.34equivalent to the applicable requirements specified in sections 148E.100 to 148E.115;
33.1    (2) be a social worker engaged in authorized practice in Iowa, Manitoba, North
33.2Dakota, Ontario, South Dakota, or Wisconsin, and has the qualifications equivalent to the
33.3applicable requirements specified in sections 148E.100 to 148E.115; or
33.4    (3) be a licensed marriage and family therapist or a mental health professional
33.5as established by section 245.462, subdivision 18, or 245.4871, subdivision 27, or an
33.6equivalent mental health professional, as determined by the board, who is licensed or
33.7credentialed by a state, territorial, provincial, or foreign licensing agency.
33.8    (e) In order to qualify to provide clinical supervision of a licensed graduate social
33.9worker or licensed independent social worker engaged in clinical practice, the alternate
33.10supervisor must be a mental health professional as established by section 245.462,
33.11subdivision 18 , or 245.4871, subdivision 27, or an equivalent mental health professional,
33.12as determined by the board, who is licensed or credentialed by a state, territorial,
33.13provincial, or foreign licensing agency.

33.14    Sec. 42. Minnesota Statutes 2008, section 148E.125, subdivision 1, is amended to read:
33.15    Subdivision 1. Supervision plan. (a) A social worker must submit, on a form
33.16provided by the board, a supervision plan for meeting the supervision requirements
33.17specified in sections 148E.100 to 148E.120.
33.18    (b) The supervision plan must be submitted no later than 90 60 days after the
33.19licensee begins a social work practice position after becoming licensed.
33.20    (c) For failure to submit the supervision plan within 90 60 days after beginning a
33.21social work practice position, a licensee must pay the supervision plan late fee specified in
33.22section 148E.180 when the licensee applies for license renewal.
33.23    (d) A license renewal application submitted according to paragraph (a) must not be
33.24approved unless the board has received a supervision plan.
33.25    (e) The supervision plan must include the following:
33.26    (1) the name of the supervisee, the name of the agency in which the supervisee is
33.27being supervised, and the supervisee's position title;
33.28    (2) the name and qualifications of the person providing the supervision;
33.29    (3) the number of hours of one-on-one in-person supervision and the number and
33.30type of additional hours of supervision to be completed by the supervisee;
33.31    (4) the supervisee's position description;
33.32    (5) a brief description of the supervision the supervisee will receive in the following
33.33content areas:
33.34    (i) clinical practice, if applicable;
33.35    (ii) development of professional social work knowledge, skills, and values;
34.1    (iii) practice methods;
34.2    (iv) authorized scope of practice;
34.3    (v) ensuring continuing competence; and
34.4    (vi) ethical standards of practice; and
34.5    (6) if applicable, a detailed description of the supervisee's clinical social work
34.6practice, addressing:
34.7    (i) the client population, the range of presenting issues, and the diagnoses;
34.8    (ii) the clinical modalities that were utilized; and
34.9    (iii) the process utilized for determining clinical diagnoses, including the diagnostic
34.10instruments used and the role of the supervisee in the diagnostic process.
34.11    (f) The board must receive a revised supervision plan within 90 60 days of any
34.12of the following changes:
34.13    (1) the supervisee has a new supervisor;
34.14    (2) the supervisee begins a new social work position;
34.15    (3) the scope or content of the supervisee's social work practice changes substantially;
34.16    (4) the number of practice or supervision hours changes substantially; or
34.17    (5) the type of supervision changes as supervision is described in section 148E.100,
34.18subdivision 3 , or 148E.105, subdivision 3, or as required in section 148E.115.
34.19    (g) For failure to submit a revised supervision plan as required in paragraph (f), a
34.20supervisee must pay the supervision plan late fee specified in section 148E.180, when
34.21the supervisee applies for license renewal.
34.22    (h) The board must approve the supervisor and the supervision plan.

34.23    Sec. 43. Minnesota Statutes 2008, section 148E.125, subdivision 3, is amended to read:
34.24    Subd. 3. Verification of supervised practice. (a) In addition to receiving the
34.25attestation required under subdivision 2, The board must receive verification of supervised
34.26practice if when:
34.27    (1) the board audits the supervision of a supervisee licensee submits the license
34.28renewal application form; or
34.29    (2) an applicant applies for a license as a licensed independent social worker or as a
34.30licensed independent clinical social worker.
34.31    (b) When verification of supervised practice is required according to paragraph (a),
34.32the board must receive from the supervisor the following information on a form provided
34.33by the board:
34.34    (1) the name of the supervisee, the name of the agency in which the supervisee is
34.35being supervised, and the supervisee's position title;
35.1    (2) the name and qualifications of the supervisor;
35.2    (3) the number of hours and dates of each type of supervision completed;
35.3    (4) the supervisee's position description;
35.4    (5) a declaration that the supervisee has not engaged in conduct in violation of the
35.5standards of practice specified in sections 148E.195 to 148E.240;
35.6    (6) a declaration that the supervisee has practiced ethically and competently
35.7according to professional social work knowledge, skills, and values;
35.8    (7) a list of the content areas in which the supervisee has received supervision,
35.9including the following:
35.10    (i) clinical practice, if applicable;
35.11    (ii) development of professional social work knowledge, skills, and values;
35.12    (iii) practice methods;
35.13    (iv) authorized scope of practice;
35.14    (v) ensuring continuing competence; and
35.15    (vi) ethical standards of practice; and
35.16    (8) if applicable, a detailed description of the supervisee's clinical social work
35.17practice, addressing:
35.18    (i) the client population, the range of presenting issues, and the diagnoses;
35.19    (ii) the clinical modalities that were utilized; and
35.20    (iii) the process utilized for determining clinical diagnoses, including the diagnostic
35.21instruments used and the role of the supervisee in the diagnostic process.
35.22    (c) The information provided on the verification form must demonstrate to the board's
35.23satisfaction that the supervisee has met the applicable supervised practice requirements.

35.24    Sec. 44. Minnesota Statutes 2008, section 148E.130, is amended by adding a
35.25subdivision to read:
35.26    Subd. 1a. Increased clock hours required effective August 1, 2011. (a)
35.27Notwithstanding the requirements in subdivision 8, the clock hours specified in
35.28subdivisions 1 and 4 to 6 apply to all new licenses issued effective August 1, 2011, under
35.29section 148E.055.
35.30(b) Any licensee issued a license prior to August 1, 2011, under section 148D.055
35.31must comply with the increased clock hours in subdivisions 1 and 4 to 6, and must
35.32document the clock hours at the first two-year renewal term after August 1, 2011.

35.33    Sec. 45. Minnesota Statutes 2008, section 148E.130, subdivision 2, is amended to read:
36.1    Subd. 2. Ethics requirement. At least two of the clock hours required under
36.2subdivision 1 must be in social work ethics., including at least one of the following:
36.3(1) the history and evolution of values and ethics in social work;
36.4(2) ethics theories;
36.5(3) professional standards of social work practice, as specified in the ethical codes of
36.6the National Association of Social Workers, the Association of Canadian Social Workers,
36.7the Clinical Social Work Federation, and the Council on Social Work Education;
36.8(4) the legal requirements and other considerations for each jurisdiction that
36.9registers, certifies, or licenses social workers; or
36.10(5) the ethical decision-making process.

36.11    Sec. 46. Minnesota Statutes 2008, section 148E.130, subdivision 5, is amended to read:
36.12    Subd. 5. Independent study. Independent study must not consist of more than ten
36.1315 clock hours of continuing education per renewal term. Independent study must be for
36.14publication, public presentation, or professional development. Independent study includes,
36.15but is not limited to, electronic study. For purposes of subdivision 6 4, independent study
36.16includes consultation with an experienced supervisor regarding the practice of supervision
36.17or training regarding supervision with a licensed professional who has demonstrated
36.18supervisory skills.

36.19    Sec. 47. Minnesota Statutes 2008, section 148E.165, subdivision 1, is amended to read:
36.20    Subdivision 1. Records retention; licensees. For one year following the expiration
36.21date of a license, the licensee must maintain documentation of clock hours earned during
36.22the previous renewal term. The documentation must include the following:
36.23    (1) for educational workshops or seminars offered by an organization or at a
36.24conference, a copy of the certificate of attendance issued by the presenter or sponsor
36.25giving the following information:
36.26    (i) the name of the sponsor or presenter of the program;
36.27    (ii) the title of the workshop or seminar;
36.28    (iii) the dates the licensee participated in the program; and
36.29    (iv) the number of clock hours completed;
36.30    (2) for academic coursework offered by an institution of higher learning, a copy of a
36.31transcript giving the following information:
36.32    (i) the name of the institution offering the course;
36.33    (ii) the title of the course;
36.34    (iii) the dates the licensee participated in the course; and
37.1    (iv) the number of credits completed;
37.2    (3) for staff training offered by public or private employers, a copy of the certificate
37.3of attendance issued by the employer giving the following information:
37.4    (i) the name of the employer;
37.5    (ii) the title of the staff training;
37.6    (iii) the dates the licensee participated in the program; and
37.7    (iv) the number of clock hours completed; and
37.8    (4) for independent study, including electronic study, or consultation or training
37.9regarding supervision, a written summary of the study activity conducted, including the
37.10following information:
37.11    (i) the topics studied covered;
37.12    (ii) a description of the applicability of the study activity to the licensee's authorized
37.13scope of practice;
37.14    (iii) the titles and authors of books and articles consulted or the name of the
37.15organization offering the study activity, or the name and title of the licensed professional
37.16consulted regarding supervision;
37.17    (iv) the dates the licensee conducted the study activity; and
37.18    (v) the number of clock hours the licensee conducted the study activity.

37.19    Sec. 48. REPEALER.
37.20Minnesota Statutes 2008, sections 148E.106, subdivision 6; and 148E.125,
37.21subdivision 2, are repealed August 1, 2011.

37.22    Sec. 49. EFFECTIVE DATE.
37.23Sections 1 to 47 are effective August 1, 2011.