as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 03/19/2001 |
1.1 A bill for an act 1.2 relating to health occupations; moving regulation of 1.3 social workers from the board of social work to the 1.4 commissioner of health; replacing the licensure system 1.5 for social work with a registration system; amending 1.6 Minnesota Statutes 2000, sections 148B.18, 1.7 subdivisions 2a, 3a, 10, 11, 12, by adding 1.8 subdivisions; 148B.185; 148B.20; 148B.21; 148B.215; 1.9 148B.22; 148B.24; 148B.25; 148B.26; 148B.27; 148B.281; 1.10 148B.282; 148B.283; 148B.284, subdivision 2; 148B.285; 1.11 148B.286; 148B.287; 148B.288; 148B.289; 214.01, 1.12 subdivision 2; proposing coding for new law in 1.13 Minnesota Statutes, chapter 148B; repealing Minnesota 1.14 Statutes 2000, sections 148B.18, subdivisions 3, 4a, 1.15 8, 9; 148B.19; 148B.28. 1.16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.17 Section 1. Minnesota Statutes 2000, section 148B.18, 1.18 subdivision 2a, is amended to read: 1.19 Subd. 2a. [APPLICANT.] "Applicant" means a person who has 1.20 submitted an application, with the appropriate fee, for 1.21licensure byregistration with theboardcommissioner. 1.22 Sec. 2. Minnesota Statutes 2000, section 148B.18, 1.23 subdivision 3a, is amended to read: 1.24 Subd. 3a. [CLIENT.] "Client" means an individual, couple, 1.25 family, group, organization, or community that receives, 1.26 received, or should have received services from an applicant or 1.27 alicenseeregistrant. 1.28 Sec. 3. Minnesota Statutes 2000, section 148B.18, is 1.29 amended by adding a subdivision to read: 1.30 Subd. 3b. [COMMISSIONER.] "Commissioner" means the 2.1 commissioner of health. 2.2 Sec. 4. Minnesota Statutes 2000, section 148B.18, 2.3 subdivision 10, is amended to read: 2.4 Subd. 10. [QUALIFIED MENTAL HEALTH PROFESSIONAL.] 2.5 "Qualified mental health professional" means a psychiatrist, 2.6 board-certified or eligible for board certification, and 2.7 licensed under chapter 147; a psychologist licensed under 2.8 sections 148.88 to 148.98; an independent clinical social worker 2.9 who has the qualifications in section 148B.21, subdivision 6; a 2.10 psychiatric registered nurse with a master's degree from an 2.11 accredited school of nursing, licensed under section 148.211, 2.12 with at least two years of post-master's supervised experience 2.13 in direct clinical practice; a marriage and family therapist who 2.14 is licensed under sections 148B.29 to 148B.39; or an equivalent 2.15 mental health professional, as determined by theboard2.16 commissioner, who is licensed or certified by a board or agency 2.17 in another state or territory. 2.18 Sec. 5. Minnesota Statutes 2000, section 148B.18, is 2.19 amended by adding a subdivision to read: 2.20 Subd. 10a. [REGISTRANT.] "Registrant" means a person who 2.21 meets the requirements of sections 148B.18 to 148B.289 and is 2.22 authorized by the commissioner to use a protected title. 2.23 Sec. 6. Minnesota Statutes 2000, section 148B.18, 2.24 subdivision 11, is amended to read: 2.25 Subd. 11. [SOCIAL WORK PRACTICE.] (a) "Social work 2.26 practice" is the application of social work theory, knowledge, 2.27 methods, and ethics to restore or enhance social, psychosocial, 2.28 or biopsychosocial functioning of individuals, couples, 2.29 families, groups, organizations, and communities, with 2.30 particular attention to the person-in-environment configuration. 2.31 (b) For all levels oflicensureregistration, social work 2.32 practice includes assessment, treatment planning and evaluation, 2.33 case management, information and referral, counseling, advocacy, 2.34 teaching, research, supervision, consultation, community 2.35 organization, and the development, implementation, and 2.36 administration of policies, programs, and activities. 3.1(c) For persons licensed at the licensed independent3.2clinical social worker level, and for persons licensed at either3.3the licensed graduate social worker or the licensed independent3.4social worker level who practice social work under the3.5supervision of a licensed independent clinical social worker,3.6social work practice includes the diagnosis and treatment of3.7mental and emotional disorders in individuals, families, and3.8groups. The treatment of mental and emotional disorders3.9includes the provision of individual, marital, and group3.10psychotherapy.3.11 Sec. 7. Minnesota Statutes 2000, section 148B.18, 3.12 subdivision 12, is amended to read: 3.13 Subd. 12. [SUPERVISION.] "Supervision" means the direction 3.14 of social work practice in face-to-face sessions. Further 3.15 standards for supervision shall be determined by theboard of3.16social workcommissioner. Supervision shall be provided: 3.17 (1) by a social workerlicensedregistered at least at the 3.18 level of the worker being supervised and qualified under section 3.19 148B.21 to practice without supervision, except that alicensed3.20 registered graduate social worker may supervise alicensed3.21 registered social worker; or 3.22 (2) by another qualified professional or qualified mental 3.23 health professional when theboard of social workcommissioner 3.24 determines that supervision by a social worker as required in 3.25 clause (1) is unobtainable, or in other situations considered 3.26 appropriate by theboard of social workcommissioner. 3.27 Sec. 8. Minnesota Statutes 2000, section 148B.185, is 3.28 amended to read: 3.29 148B.185 [APPLICABILITY.] 3.30 Sections 148B.18 to 148B.289 apply to all applicants and 3.31licensees, to all persons practicing social work with clients in3.32this state, and to persons engaged in the unauthorized practice3.33of social workregistrants and to persons who engage in the 3.34 unauthorized use of protected titles. 3.35 Sec. 9. Minnesota Statutes 2000, section 148B.20, is 3.36 amended to read: 4.1 148B.20 [DUTIES OF THE BOARD.] 4.2 Subdivision 1. [GENERAL.] Theboard of social work4.3 commissioner shall: 4.4 (a) Adopt and enforce rules forlicensureregistration of 4.5 social workers and for regulation of their professional 4.6 conduct. The rules must be designed to protect the public. 4.7 (b) Adopt rules establishing standards and methods of 4.8 determining whether applicants andlicenseesregistrants are 4.9 qualified under sections 148B.21 to 148B.24. The rules must 4.10 make provision for examinations and must establish standards for 4.11 professional conduct, including adoption of a code of 4.12 professional ethics and requirements for continuing education. 4.13 (c) Hold examinations at least twice a year to assess 4.14 applicants' knowledge and skills. The examinations may be 4.15 written or oral and may be administered by theboard4.16 commissioner or by a body designated by theboardcommissioner. 4.17 Examinations must test the knowledge and skills of each of the 4.18 four groups of social workers qualified under section 148B.21 to 4.19practice social workuse protected titles. Examinations must 4.20 minimize cultural bias and must be balanced in theory. 4.21 (d) Issuelicensesregistrations to individuals qualified 4.22 under sections 148B.18 to 148B.24. 4.23 (e) Issue copies of the rules forlicensureregistration to 4.24 all applicants. 4.25 (f) Establish and implement procedures, including a 4.26 standard disciplinary process, to ensure that individuals 4.27licensedregistered as social workers will comply with the 4.28board'scommissioner's rules. 4.29 (g) Establish, maintain, and publish annually a register of 4.30 currentlicenseesregistrants. 4.31 (h) Educate the public about the existence and content of 4.32 the rules for social worklicensingregistration to enable 4.33 consumers to file complaints againstlicenseesregistrants who 4.34 may have violated the rules. 4.35 (i) Evaluate its rules in order to refine the standards for 4.36licensingregistering social workers and to improve the methods 5.1 used to enforce theboard'scommissioner's standards. 5.2 Subd. 3. [DUTIES OF THEBOARDCOMMISSIONER.] Theboard5.3 commissioner shall by rule establish fees, including late fees, 5.4 forlicensesregistrations and renewals so that the total fees 5.5 collected by theboardcommissioner will as closely as possible 5.6 equal anticipated expenditures during the fiscal biennium, as 5.7 provided in section 16A.1285. Fees must be credited to accounts 5.8 in the special revenue fund. 5.9 Sec. 10. Minnesota Statutes 2000, section 148B.21, is 5.10 amended to read: 5.11 148B.21 [REQUIREMENTS FORLICENSUREREGISTRATION.] 5.12 Subdivision 1. [CATEGORIES OFLICENSEESREGISTRANTS.] 5.13 Theboardcommissioner shall issuelicensesregistrations for 5.14 the following four groups of individuals qualified under this 5.15 section topractice social workuse a protected title: 5.16 (1) social workers; 5.17 (2) graduate social workers; 5.18 (3) independent social workers; and 5.19 (4) independent clinical social workers. 5.20 Subd. 2. [FEE.] Each applicant shall pay a nonrefundable 5.21 fee set by the board. Fees paid to the board shall be deposited 5.22 in the state government special revenue fund. 5.23 Subd. 3. [SOCIAL WORKER.] To belicensedregistered as a 5.24 social worker, an applicant must provide evidence satisfactory 5.25 to theboardcommissioner that the applicant: 5.26 (1) has received a baccalaureate degree from an accredited 5.27 program of social work; 5.28 (2) has passed the examination provided for in section 5.29 148B.20, subdivision 1; 5.30 (3) will engage in social work practice only under 5.31 supervision as defined in section 148B.18, subdivision 12, for 5.32 at least two years in full-time employment or 4,000 hours of 5.33 part-time employment; 5.34 (4) will conduct all professional activities as a social 5.35 worker in accordance with standards for professional conduct 5.36 established by the statutes and rules of theboardcommissioner; 6.1 and 6.2 (5) has not engaged in conduct warranting a disciplinary 6.3 action against alicenseeregistrant. If the applicant has 6.4 engaged in conduct warranting disciplinary action against a 6.5licenseeregistrant, theboardcommissioner may issue a 6.6licenseregistration only on the applicant's showing that the 6.7 public will be protected through the issuance of alicense6.8 registration with conditions or limitations approved by the 6.9boardcommissioner. 6.10 Subd. 4. [GRADUATE SOCIAL WORKER.] To belicensed6.11 registered as a graduate social worker, an applicant must 6.12 provide evidence satisfactory to theboardcommissioner that the 6.13 applicant: 6.14 (1) has received a master's degree from an accredited 6.15 program of social work or doctoral degree in social work; 6.16 (2) has passed the examination provided for in section 6.17 148B.20, subdivision 1; 6.18 (3) will engage in social work practice only under 6.19 supervision as defined in section 148B.18, subdivision 12; 6.20 (4) will conduct all professional activities as a graduate 6.21 social worker in accordance with standards for professional 6.22 conduct established by the statutes and rules of the 6.23boardcommissioner; and 6.24 (5) has not engaged in conduct warranting a disciplinary 6.25 action against alicenseeregistrant. If the applicant has 6.26 engaged in conduct warranting disciplinary action against a 6.27licenseeregistrant, theboardcommissioner may issue a 6.28licenseregistration only on the applicant's showing that the 6.29 public will be protected through the issuance of alicense6.30 registration with conditions or limitations approved by the 6.31boardcommissioner. 6.32 Subd. 5. [INDEPENDENT SOCIAL WORKER.] To belicensed6.33 registered as an independent social worker, an applicant must 6.34 provide evidence satisfactory to theboardcommissioner that the 6.35 applicant: 6.36 (1) has received a master's degree from an accredited 7.1 program of social work or doctoral degree in social work; 7.2 (2) has passed the examination provided for in section 7.3 148B.20, subdivision 1; 7.4 (3) has practiced social work for at least two years in 7.5 full-time employment or 4,000 hours of part-time employment 7.6 under supervision as defined in section 148B.18, subdivision 12, 7.7 after receiving the master's or doctoral degree in social work; 7.8 (4) will conduct all professional activities as an 7.9 independent social worker in accordance with standards for 7.10 professional conduct established by the statutes and rules of 7.11 theboardcommissioner; and 7.12 (5) has not engaged in conduct warranting a disciplinary 7.13 action against alicenseeregistrant. If the applicant has 7.14 engaged in conduct warranting disciplinary action against a 7.15licenseeregistrant, theboardcommissioner may issue a 7.16licenseregistration only on the applicant's showing that the 7.17 public will be protected through the issuance of alicense7.18 registration with conditions or limitations approved by the 7.19boardcommissioner. 7.20 Subd. 6. [INDEPENDENT CLINICAL SOCIAL WORKER.] To be 7.21licensedregistered as an independent clinical social worker, an 7.22 applicant must provide evidence satisfactory to theboard7.23 commissioner that the applicant: 7.24 (1) has received a master's degree from an accredited 7.25 program of social work, or doctoral degree in social work, that 7.26 included an advanced concentration of clinically oriented course 7.27 work as defined by theboardcommissioner and a supervised 7.28 clinical field placement at the graduate level, or post-master's 7.29 clinical training that is found by theboardcommissioner to be 7.30 equivalent to that course work and field placement; 7.31 (2) has practiced clinical social work for at least two 7.32 years in full-time employment or 4,000 hours of part-time 7.33 employment under supervision as defined in section 148B.18, 7.34 subdivision 12, after receiving the master's or doctoral degree 7.35 in social work; 7.36 (3) has passed the examination provided for in section 8.1 148B.20, subdivision 1; 8.2 (4) will conduct all professional activities as an 8.3 independent clinical social worker in accordance with standards 8.4 for professional conduct established by the statutes and rules 8.5 of theboardcommissioner; and 8.6 (5) has not engaged in conduct warranting a disciplinary 8.7 action against alicenseeregistrant. If the applicant has 8.8 engaged in conduct warranting disciplinary action against a 8.9licenseeregistrant, theboardcommissioner may issue a 8.10licenseregistration only on the applicant's showing that the 8.11 public will be protected through the issuance of alicense8.12 registration with conditions or limitations approved by the 8.13boardcommissioner. 8.14 Subd. 6a. [BACKGROUND CHECKS.] Theboardcommissioner 8.15 shall request a criminal history background check from the 8.16 superintendent of the bureau of criminal apprehension on all 8.17 applicants for initiallicensureregistration. An application 8.18 for alicenseregistration under this section must be 8.19 accompanied by an executed criminal history consent form and the 8.20 fee for conducting the criminal history background check. 8.21 Subd. 7. [TEMPORARY PERMIT.] (a) Theboardcommissioner 8.22 may issue a temporary permit to practice social work to an 8.23 applicant in the following situations, provided the applicant 8.24 meets all other requirements forlicensureregistration: 8.25 (1) the applicant has passed thelicensureregistration 8.26 examination and the applicant's accredited program of social 8.27 work has submitted an affidavit on a form provided by theboard8.28 commissioner verifying the applicant's completion of the 8.29 requirements for a degree. The affidavit must be submitted 8.30 within 15 days of the date of completion of the degree 8.31 requirements. The temporary permit under this clause is valid 8.32 for six months, or until alicenseregistration is issued, 8.33 whichever comes first, and is nonrenewable; 8.34 (2) the applicant has applied forlicensureregistration 8.35 under section 148B.24 and theboardcommissioner determines that 8.36 the applicant must pass thelicensureregistration examination 9.1 before beinglicensedregistered. The temporary permit under 9.2 this clause is valid if the applicant passes the examination and 9.3 completes thelicensureregistration process within the time 9.4 periods specified by theboardcommissioner, and is 9.5 nonrenewable; or 9.6 (3) the applicant has passed thelicensureregistration 9.7 examination, has graduated from a program of social work in 9.8 candidacy status with the Council on Social Work Education, and 9.9 the program of social work has submitted an affidavit on a form 9.10 provided by theboardcommissioner verifying the applicant's 9.11 completion of the requirements for a degree. The affidavit must 9.12 be submitted within 15 days of the date of completion of the 9.13 degree requirements. The temporary permit under this clause is 9.14 valid for six months, and may be extended at theboard's9.15 commissioner's discretion upon a showing that the social work 9.16 program remains in good standing with the Council on Social Work 9.17 Education. If theboardcommissioner receives notice from the 9.18 Council on Social Work Education that the program of social work 9.19 is not in good standing or that accreditation will not be 9.20 granted to the program of social work, then the temporary permit 9.21 shall be invalid immediately and the applicant shall not qualify 9.22 forlicensureregistration. 9.23 (b) An applicant who obtains a temporary permit may 9.24 practice social work only under the supervision of alicensed9.25 registered social worker who is eligible to provide supervision 9.26 under section 148B.18, subdivision 12. The applicant's 9.27 supervisor must provide evidence to theboardcommissioner, 9.28 before the applicant is approved by theboardcommissioner for 9.29licensureregistration, that the applicant has practiced social 9.30 work under supervision. This supervision will not apply toward 9.31 the supervision requirement required after 9.32licensureregistration. 9.33 (c) A temporary permit is nonrenewable. 9.34 Subd. 8. [CHANGE OFLICENSURE LEVELREGISTRATION TITLE.] 9.35 An applicant who applies under this section forlicensure9.36 registration as alicensedregistered independent social worker 10.1 or alicensedregistered independent clinical social worker, and 10.2 who islicensedregistered at the time of application as 10.3 alicensedregistered graduate social worker, or alicensed10.4 registered independent social worker, is not required to meet 10.5 the educational requirement of this section. The applicant must 10.6 meet all other requirements forlicensureregistration at the 10.7 new level oflicensureregistration. 10.8 Subd. 9. [SUPERVISION REQUIREMENT.] If supervised social 10.9 work practice is required forlicensureregistration under this 10.10 section, and if the applicant has not engaged in the practice of 10.11 social work during the five years preceding the applicant's 10.12 application forlicensureregistration, then theboard10.13 commissioner may grant a conditionallicenseregistration to the 10.14 applicant that would require that the applicant obtain 10.15 additional social work supervision or additional continuing 10.16 education hours, or both, within a specified time period 10.17 afterlicensureregistration. Theboardcommissioner shall 10.18 establish rules to implement this section. 10.19 Sec. 11. Minnesota Statutes 2000, section 148B.215, is 10.20 amended to read: 10.21 148B.215 [CONTESTED CASE HEARING.] 10.22 An applicant or alicenseeregistrant who is the subject of 10.23 an adverse action by theboardcommissioner may request a 10.24 contested case hearing under chapter 14. An applicant or 10.25 alicenseeregistrant who desires to request a contested case 10.26 hearing must submit a written request to theboardcommissioner 10.27 within 90 days of the date on which theboardcommissioner 10.28 mailed the notification of the adverse action. 10.29 Sec. 12. Minnesota Statutes 2000, section 148B.22, is 10.30 amended to read: 10.31 148B.22 [LICENSEREGISTRATION RENEWAL REQUIREMENTS.] 10.32 Subdivision 1. [RENEWAL.]LicenseesRegistrants shall 10.33 renewlicensesregistrations at the time and in the manner 10.34 established by the rules of theboardcommissioner. 10.35 Subd. 2. [CONTINUING EDUCATION.] At the time of renewal, 10.36 eachlicenseeregistrant shall provide evidence satisfactory to 11.1 theboardcommissioner that thelicenseeregistrant has 11.2 completed during each two-year period at least the equivalent of 11.3 30 clock hours of continuing professional postdegree education 11.4 in programs approved by theboardcommissioner and continues to 11.5 be qualified topracticeuse a protected title under sections 11.6 148B.18 to 148B.289. 11.7 Subd. 3. [BACKGROUND CHECKS.] Theboardcommissioner shall 11.8 request a criminal history background check from the 11.9 superintendent of the bureau of criminal apprehension on 11.10 alllicenseesregistrants under its jurisdiction who did not 11.11 complete a criminal history background check as part of an 11.12 application for initiallicensureregistration. This background 11.13 check is a one-time requirement. An application for alicense11.14 registration under this section must be accompanied by an 11.15 executed criminal history consent form and the fee for 11.16 conducting the criminal history background check. 11.17 Sec. 13. Minnesota Statutes 2000, section 148B.24, is 11.18 amended to read: 11.19 148B.24 [RECIPROCITY.] 11.20 Theboardcommissioner shall issue an appropriatelicense11.21 registration to an individual who holds a current license or 11.22 other credential from another jurisdiction if theboard11.23 commissioner finds that the requirements for that credential are 11.24 substantially similar to the requirements in section 148B.21. 11.25 Sec. 14. Minnesota Statutes 2000, section 148B.25, is 11.26 amended to read: 11.27 148B.25 [NONTRANSFERABILITY OFLICENSESREGISTRATION.] 11.28 A social worklicenseregistration is not transferable. 11.29 Sec. 15. Minnesota Statutes 2000, section 148B.26, is 11.30 amended to read: 11.31 148B.26 [DENIAL, SUSPENSION, OR REVOCATION OF 11.32LICENSEREGISTRATION.] 11.33 Subdivision 1. [GROUNDS.] The following conduct is grounds 11.34 for theboardcommissioner to deny the application for or the 11.35 renewal of a temporary permit orlicenseregistration, to take 11.36 disciplinary or other action against alicenseregistration as 12.1 provided for in section 148B.281, or to take corrective action 12.2 against alicenseeregistrant as provided for in chapter 214: 12.3 (1) engaging in any conduct which violates any statute or 12.4 rule enforced by theboardcommissioner, or any other law that 12.5 is related to the practice of social work; 12.6 (2) violating any order issued by theboardcommissioner; 12.7 (3)practicing outside the scope of practice authorized by12.8this chapter for each level of licensureusing an unauthorized 12.9 title; 12.10 (4) failing to demonstrate the qualifications or satisfy 12.11 the requirements forlicensureregistration, with the burden of 12.12 proof on the applicant to demonstrate the qualifications or the 12.13 satisfaction of the requirements; 12.14 (5) obtaining a temporary permit,license, or license12.15 registration, or registration renewal by fraud, bribery, or 12.16 cheating, or attempting to subvert the examination process; 12.17 (6) making a false statement or misrepresentation to the 12.18boardcommissioner; 12.19 (7) having been the subject of revocation, suspension, or 12.20 surrender of a social work or related license or of other 12.21 adverse action related to a social work or related license in 12.22 another jurisdiction or country; 12.23 (8) failing to report the revocation, suspension, or 12.24 surrender of a social work or related license or other adverse 12.25 action related to a social work or related license in another 12.26 jurisdiction or country, failing to report that a complaint or 12.27 other charges regarding the person's license have been brought 12.28 in this or another jurisdiction or country, or having been 12.29 refused a license by any other jurisdiction or country; 12.30 (9) engaging in unprofessional conduct or any other conduct 12.31 which has the potential for causing harm to the public, 12.32 including any departure from or failure to conform to the 12.33 minimum standards of acceptable and prevailing practice without 12.34 actual injury having to be established; 12.35 (10) engaging in unethical conduct or conduct likely to 12.36 deceive, defraud, or harm the public, demonstrating a willful or 13.1 careless disregard for the health, welfare, or safety of a 13.2 client, or engaging in a practice which is professionally 13.3 incompetent with proof of actual injury not having to be 13.4 established; 13.5 (11) being adjudicated by a court of competent 13.6 jurisdiction, within or without this state, as incapacitated, 13.7 mentally incompetent or mentally ill, chemically dependent, 13.8 mentally ill and dangerous to the public, or a psychopathic 13.9 personality; 13.10 (12) being unable to practice with reasonable skill and 13.11 safety by reason of illness, use of alcohol, drugs, chemicals or 13.12 any other materials, or as a result of any mental or physical 13.13 condition; 13.14 (13) engaging in improper or fraudulent billing practices, 13.15 including violations of the federal Medicare and Medicaid laws 13.16 or state medical assistance laws; 13.17 (14) obtaining money, property, or services from a client 13.18 through the use of undue influence, harassment, duress, 13.19 deception, or fraud or through the improper use of a 13.20 professional position; 13.21 (15) engaging in sexual contact, as defined in section 13.22 148A.01, with a client or conduct that is or may reasonably be 13.23 interpreted by the client as sexual, engaging in verbal behavior 13.24 that is or may reasonably be interpreted as sexually seductive 13.25 or sexually demeaning to a client, or engaging in conduct that 13.26 violates section 617.23; 13.27 (16) being convicted, including a finding or verdict of 13.28 guilt, whether or not the adjudication of guilt is withheld or 13.29 not entered, an admission of guilt, or a no contest plea, of a 13.30 crime against a minor; 13.31 (17) being convicted, including a finding or verdict of 13.32 guilt, whether or not the adjudication of guilt is withheld or 13.33 not entered, an admission of guilt, or a no contest plea of a 13.34 felony, gross misdemeanor, or misdemeanor reasonably related to 13.35 the practice of social work, as evidenced by a certified copy of 13.36 the conviction; 14.1 (18) engaging in an unfair discriminatory practice 14.2 prohibited by chapter 363 of an employee of the applicant, 14.3licenseeregistrant, or facility in which the applicant 14.4 orlicenseeregistrant practices; 14.5 (19) engaging in false, fraudulent, deceptive, or 14.6 misleading advertising; or 14.7 (20) revealing a privileged communication from or relating 14.8 to a client except when otherwise required or permitted by law. 14.9 Subd. 2. [RESTORING ALICENSEREGISTRATION.] For reasons 14.10 it finds sufficient, theboardcommissioner may grant alicense14.11 registration previously refused, restore alicenseregistration 14.12 that has been revoked, or reduce a period of suspension or 14.13 restriction of alicenseregistration. 14.14 Subd. 3. [REVIEW.] Suspension, revocation, or restriction 14.15 of alicenseregistration shall be reviewed by the 14.16boardcommissioner at the request of thelicenseeregistrant 14.17 against whom the disciplinary action was taken. 14.18Subd. 4. [CONDUCT BEFORE LICENSURE.] The board's14.19jurisdiction to exercise its powers as provided for in14.20subdivision 1 extends to an applicant's or licensee's conduct14.21that occurred prior to licensure, if the conduct fell below14.22minimum standards for the practice of social work at the time14.23the conduct occurred or the conduct continues to affect the14.24applicant's or licensee's present ability to practice social14.25work in conformity with this chapter and the board's rules.14.26 Sec. 16. [148B.265] [SOCIAL WORK ADVISORY COUNCIL.] 14.27 Subdivision 1. [MEMBERSHIP.] The commissioner shall 14.28 appoint seven persons to a social work advisory council. The 14.29 seven persons must include: 14.30 (1) two public members, as defined in section 214.02. The 14.31 public members shall be either persons receiving services of a 14.32 social worker, or family members of or caregivers to such 14.33 persons; 14.34 (2) five social workers registered under sections 148B.18 14.35 to 148B.289. At least two of these social workers must be 14.36 registered at the baccalaureate level of registration and at 15.1 least two must be registered at the master's level of 15.2 registration. Two of these social workers must reside and 15.3 practice outside of the seven-county metropolitan area. 15.4 Subd. 2. [ORGANIZATION.] The advisory council shall be 15.5 organized and administered under section 15.059 except that the 15.6 council does not expire. 15.7 Subd. 3. [DUTIES.] The advisory council shall: 15.8 (1) advise the commissioner regarding social work 15.9 registration standards; 15.10 (2) advise the commissioner on enforcement of sections 15.11 148B.18 to 148B.289; 15.12 (3) provide for distribution of information regarding 15.13 social work registration standards; 15.14 (4) review applications and make recommendations to the 15.15 commissioner on granting or denying registration or registration 15.16 renewal; 15.17 (5) review reports of investigations relating to 15.18 individuals and make recommendations to the commissioner as to 15.19 whether registration should be denied or disciplinary action 15.20 taken against the individual; 15.21 (6) advise the commissioner regarding approval of 15.22 continuing education activities; and 15.23 (7) perform other duties authorized for advisory councils 15.24 under chapter 214, or as directed by the commissioner. 15.25 Sec. 17. Minnesota Statutes 2000, section 148B.27, is 15.26 amended to read: 15.27 148B.27 [PROHIBITION AGAINSTUNLICENSED PRACTICE OR15.28 UNAUTHORIZED USE OF PROTECTED TITLES; PENALTY.] 15.29Subdivision 1. [PRACTICE.] No individual shall engage in15.30social work practice unless that individual holds a valid15.31temporary permit or a license as a licensed social worker,15.32licensed graduate social worker, licensed independent social15.33worker, or licensed independent clinical social worker.15.34 Subd. 2. [USE OF TITLES.] No individual shall be presented 15.35 to the public by any title incorporating the words "social work" 15.36 or "social worker" unless that individual holds a valid 16.1 temporary permit or alicenseregistration issued under sections 16.2 148B.18 to 148B.289. City, county, and state agency social 16.3 workers who are notlicensedregistered under sections 148B.18 16.4 to 148B.289 may use only the title city agency social worker or 16.5 county agency social worker or state agency social worker. 16.6Subd. 2a. [JURISDICTION.] Nothing in sections 148B.60 to16.7148B.71 shall prohibit the board from taking disciplinary or16.8other action that the board is authorized to take against either16.9a licensee who is found to be practicing outside the scope of16.10the license or a person who is found to be engaging in the16.11unauthorized practice of social work.16.12 Subd. 2b. [USE OF HOSPITAL SOCIAL WORKER TITLE.] 16.13 Individuals employed as social workers on June 30, 1996, by a 16.14 hospital licensed under chapter 144 who do not qualify for 16.15licensureregistration under section 148B.21, may use the title 16.16 "hospital social worker" for as long as they continue to be 16.17 employed by a hospital licensed under chapter 144. 16.18 Subd. 3. [PENALTY.] A person who violates sections 148B.21 16.19 to 148B.289 is guilty of a misdemeanor. 16.20 Sec. 18. Minnesota Statutes 2000, section 148B.281, is 16.21 amended to read: 16.22 148B.281 [COMPLAINTS; INVESTIGATION AND HEARING.] 16.23 Subdivision 1. [DISCOVERY; SUBPOENAS.] In all matters 16.24 relating to its lawful regulatory activities, theboard16.25 commissioner may issue subpoenas and compel the attendance of 16.26 witnesses and the production of all necessary papers, books, 16.27 records, documents, and other evidentiary material. Any person 16.28 failing or refusing to appear to testify regarding any matter 16.29 about which the person may be lawfully questioned or failing to 16.30 produce any papers, books, records, documents, or other 16.31 evidentiary materials in the matter to be heard, after having 16.32 been required by order of theboardcommissioner or by a 16.33 subpoena of theboardcommissioner to do so may, upon 16.34 application to the district court in any district, be ordered to 16.35 comply with the subpoena or order.Any board memberThe 16.36 commissioner may administer oaths to witnesses or take their 17.1 affirmation. Depositions may be taken within or without the 17.2 state in the manner provided by law for the taking of 17.3 depositions in civil actions. A subpoena or other process or 17.4 paper may be served upon a person it names anywhere within the 17.5 state by any officer authorized to serve subpoenas or other 17.6 process or paper in civil actions in the same manner as 17.7 prescribed by law for service of process issued out of the 17.8 district court of this state. 17.9 Subd. 2. [CLASSIFICATION OF DATA.] Theboardcommissioner 17.10 shall maintain any records, other than client records, obtained 17.11 as part of an investigation, as investigative data under section 17.12 13.41. Client records are classified as private under chapter 17.13 13, and must be protected as such in the records of theboard17.14 commissioner and in administrative or judicial proceedings 17.15 unless the client authorizes theboardcommissioner in writing 17.16 to make public the identity of the client or a portion or all of 17.17 the client's records. 17.18 Subd. 3. [EXAMINATION.] If theboardcommissioner has 17.19 probable cause to believe that an applicant orlicensee17.20 registrant has engaged in conduct prohibited by chapter 214 or a 17.21 statute or rule enforced by theboardcommissioner, it may issue 17.22 an order directing the applicant orlicenseeregistrant to 17.23 submit to a mental or physical examination or chemical 17.24 dependency evaluation. For the purpose of this section, every 17.25 applicant orlicenseeregistrant is considered to have consented 17.26 to submit to a mental or physical examination or chemical 17.27 dependency evaluation when ordered to do so in writing by 17.28 theboardcommissioner and to have waived all objections to the 17.29 admissibility of the examiner's or evaluator's testimony or 17.30 reports on the grounds that the testimony or reports constitute 17.31 a privileged communication. 17.32 Subd. 4. [FAILURE TO SUBMIT TO AN EXAMINATION.] Failure to 17.33 submit to an examination or evaluation when ordered, unless the 17.34 failure was due to circumstances beyond the control of the 17.35 applicant orlicenseeregistrant, constitutes an admission that 17.36 the applicant orlicenseeregistrant violated chapter 214 or a 18.1 statute or rule enforced by theboardcommissioner, based on the 18.2 factual specifications in the examination or evaluation order, 18.3 and may result in an application being denied or a default and 18.4 final disciplinary order being entered without the taking of 18.5 testimony or other evidence. If a contested case hearing is 18.6 requested, the only issues to be determined at the hearing are 18.7 whether thedesignated board membercommissioner had probable 18.8 cause to issue the examination or evaluation order and whether 18.9 the failure to submit was due to circumstances beyond the 18.10 control of the applicant orlicenseeregistrant. Neither the 18.11 record of a proceeding under this subdivision nor the orders 18.12 entered by theboardcommissioner are admissible, subject to 18.13 subpoena, or to be used against the applicant orlicensee18.14 registrant in a proceeding in which theboardcommissioner is 18.15 not a party or decision maker. Information obtained under this 18.16 subdivision is classified as private under chapter 13 and the 18.17 orders issued by theboardcommissioner as the result of an 18.18 applicant's or alicensee'sregistrant's failure to submit to an 18.19 examination or evaluation are classified as public. 18.20 Subd. 5. [ACCESS TO DATA AND RECORDS.] In addition to 18.21 ordering a physical or mental examination or chemical dependency 18.22 evaluation and notwithstanding section 13.384, 144.651, 595.02, 18.23 or any other law limiting access to medical or other health 18.24 records, theboardcommissioner may obtain data and health 18.25 records relating to an applicant orlicenseeregistrant without 18.26 the applicant's orlicensee'sregistrant's consent if theboard18.27 commissioner has probable cause to believe that an applicant 18.28 orlicenseeregistrant has engaged in conduct prohibited by 18.29 chapter 214 or a statute or rule enforced by the 18.30boardcommissioner. An applicant,licenseeregistrant, 18.31 insurance company, health care facility, provider as defined in 18.32 section 144.335, subdivision 1, paragraph (b), or government 18.33 agency shall comply with any written request of theboard18.34 commissioner under this subdivision and is not liable in any 18.35 action for damages for releasing the data requested by theboard18.36 commissioner if the data are released in accordance with a 19.1 written request made under this subdivision, unless the 19.2 information is false and the person or entity giving the 19.3 information knew or had reason to know that the information was 19.4 false. Information on individuals obtained under this section 19.5 is investigative data under section 13.41. 19.6 Subd. 6. [FORMS OF DISCIPLINARY ACTION.] When grounds for 19.7 disciplinary action exist under chapter 214 or a statute or rule 19.8 enforced by theboardcommissioner, it may take one or more of 19.9 the following disciplinary actions: 19.10 (1) deny the right topracticeuse a protected title; 19.11 (2) revoke the right topracticeuse a protected title; 19.12 (3) suspend the right topracticeuse a protected title; 19.13 (4) impose limitations on thepractice of the19.14licenseeregistrant's use of a protected title; 19.15 (5) impose conditions on thepractice of the19.16licenseeregistrant's use of a protected title; 19.17 (6) impose a civil penalty not exceeding $10,000 for each 19.18 separate violation, the amount of the civil penalty to be fixed 19.19 so as to deprive thelicenseeregistrant of any economic 19.20 advantage gained by reason of the violation charged, or to 19.21 discourage repeated violations; 19.22 (7) impose a fee to reimburse theboardcommissioner for 19.23 all or part of the cost of the proceedings resulting in 19.24 disciplinary action including, but not limited to, the amount 19.25 paid by theboardcommissioner for services from the office of 19.26 administrative hearings, attorney fees, court reporters, 19.27 witnesses, reproduction of records,board members' per diem19.28compensation, boarddepartment staff time, and expense incurred 19.29 byboard members anddepartment staff; 19.30 (8) censure or reprimand thelicenseeregistrant; 19.31 (9) require the passing of the examination provided for in 19.32 section 148B.20, subdivision 1; or 19.33 (10) take any other action justified by the facts of the 19.34 case. 19.35 Subd. 7. [CENSURE OR REPRIMAND.] (a) In addition to 19.36 theboard'scommissioner's authority to issue a censure or a 20.1 reprimand to alicenseeregistrant,a designated board member20.2 the advisory council reviewing a complaint as provided for in 20.3 chapter 214 may issue a censure or a reprimand to alicensee20.4 registrant. The censure or reprimand shall notify the 20.5licenseeregistrant that the censure or reprimand will become 20.6 final disciplinary action unless thelicenseeregistrant 20.7 requests a hearing within 14 days. 20.8 (b) If thelicenseeregistrant requests a timely hearing, 20.9 thecommitteecommissioner shall either schedule a hearing or 20.10 withdraw the censure or reprimand. The hearing shall be de novo 20.11 before theboard, provided that the designated board member who20.12issued the censure or reprimand shall not deliberate or20.13votecommissioner. Evidence shall be received only in form of 20.14 affidavits or other documents except for testimony by 20.15 thelicenseeregistrant or other witnesses whose testimony 20.16 theboard chaircommissioner has authorized for good cause. If 20.17 testimony is authorized, it shall be subject to 20.18 cross-examination. After the hearing, theboardcommissioner 20.19 shall affirm or dismiss the censure or reprimand, or direct 20.20 thecommitteeadvisory council to initiate a contested case 20.21 proceeding pursuant to chapter 14. 20.22 Subd. 8. [TEMPORARY SUSPENSION.] In addition to any other 20.23 remedy provided by law, theboardcommissioner may, acting 20.24through its designated board member andwithout a hearing, 20.25 temporarily suspend the right of alicensee to practice20.26 registrant to use a protected title if theboard member20.27 commissioner finds that thelicenseeregistrant has violated a 20.28 statute or rule that theboardcommissioner is empowered to 20.29 enforce and that continuedpracticeuse of a protected title by 20.30 thelicenseeregistrant would create a serious risk of harm to 20.31 others. The suspension is in effect upon service of a written 20.32 order on thelicenseeregistrant specifying the statute or rule 20.33 violated. The order remains in effect until theboard20.34 commissioner issues a final order in the matter after a hearing 20.35 or upon agreement between theboardcommissioner and 20.36 thelicenseeregistrant. Service of the order is effective if 21.1 the order is served on thelicenseeregistrant or counsel of 21.2 record personally or by first class mail to the most recent 21.3 address provided to theboardcommissioner for thelicensee21.4 registrant or the counsel of record. Within ten days of service 21.5 of the order, theboardregistrant shall hold a hearing before 21.6 its own members on the sole issue of whether there is a 21.7 reasonable basis to continue, modify, or lift the suspension. 21.8 Evidence presented by theboardcommissioner orlicensee21.9 registrant may be in affidavit form only. Thelicensee21.10 registrant or the counsel of record may appear for oral 21.11 argument. Within five working days after the hearing, theboard21.12 commissioner shall issue its order and, if the suspension is 21.13 continued, schedule a contested case hearing within 45 days 21.14 after issuance of the order. The administrative law judge shall 21.15 issue a report within 30 days after closing of the contested 21.16 case hearing record. Theboardcommissioner shall issue a final 21.17 order within 30 days after receipt of that report. 21.18 Subd. 9. [AUTOMATIC SUSPENSION; RESTORATION.] The right to 21.19practiceuse a protected title is automatically suspended if (1) 21.20 a guardian of alicenseeregistrant is appointed by order of a 21.21 court under sections 525.54 to 525.61, or (2) thelicensee21.22 registrant is committed by order of a court pursuant to chapter 21.23 253B. The right topracticeuse a protected title remains 21.24 suspended until thelicenseeregistrant is restored to capacity 21.25 by a court and, upon petition by thelicenseeregistrant, the 21.26 suspension is terminated by theboardcommissioner after a 21.27 hearing or upon agreement between theboardcommissioner and the 21.28licenseeregistrant. In its discretion, theboardcommissioner 21.29 may restore and reissue permission toprovide servicesuse a 21.30 protected title, but as a condition of the permission may impose 21.31 a disciplinary or corrective measure that it might originally 21.32 have imposed. 21.33 Subd. 10. [ADDITIONAL REMEDIES.] Theboardcommissioner 21.34 may in its own name issue a cease and desist order to stop a 21.35 person fromengaging in an unauthorized practiceunauthorized 21.36 use of a protected title or violating or threatening to violate 22.1 a statute, rule, or order which theboardcommissioner has 22.2 issued or is empowered to enforce. The cease and desist order 22.3 must state the reason for its issuance and give notice of the 22.4 person's right to request a hearing under sections 14.57 to 22.5 14.62. If, within 15 days of service of the order, the subject 22.6 of the order fails to request a hearing in writing, the order is 22.7 the final order of theboardcommissioner and is not reviewable 22.8 by a court or agency. 22.9 A hearing must be initiated by theboardcommissioner not 22.10 later than 30 days from the date of theboard'scommissioner's 22.11 receipt of a written hearing request. Within 30 days of receipt 22.12 of the administrative law judge's report, theboardcommissioner 22.13 shall issue a final order modifying, vacating, or making 22.14 permanent the cease and desist order as the facts require. The 22.15 final order remains in effect until modified or vacated by 22.16 theboardcommissioner. 22.17 When a request for a stay accompanies a timely hearing 22.18 request, theboardcommissioner may, in its discretion, grant 22.19 the stay. If theboardcommissioner does not grant a requested 22.20 stay, it shall refer the request to the office of administrative 22.21 hearings within three working days of receipt of the request. 22.22 Within ten days after receiving the request from theboard22.23 commissioner, an administrative law judge shall issue a 22.24 recommendation to grant or deny the stay. Theboard22.25 commissioner shall grant or deny the stay within five days of 22.26 receiving the administrative law judge's recommendation. 22.27 In the event of noncompliance with a cease and desist 22.28 order, theboardcommissioner may institute a proceeding in 22.29 Ramsey county district court to obtain injunctive relief or 22.30 other appropriate relief, including a civil penalty payable to 22.31 the board not exceeding $10,000 for each separate violation. 22.32 Subd. 11. [INJUNCTIVE RELIEF.] In addition to any other 22.33 remedy provided by law, including the issuance of a cease and 22.34 desist order under subdivision 1, theboardcommissioner may in 22.35 its own name bring an action in Ramsey county district court for 22.36 injunctive relief to restrain any unauthorizedpracticeuse of a 23.1 protected title or violation or threatened violation of any 23.2 statute, rule, or order which theboardcommissioner is 23.3 empowered to regulate, enforce, or issue. A temporary 23.4 restraining order must be granted in the proceeding if continued 23.5 activity by alicenseeregistrant would create a serious risk of 23.6 harm to others. Theboardcommissioner need not show 23.7 irreparable harm. 23.8 Subd. 12. [ADDITIONAL POWERS.] The issuance of a cease and 23.9 desist order or injunctive relief granted under this section 23.10 does not relieve alicenseeregistrant from criminal prosecution 23.11 by a competent authority or from disciplinary action by the 23.12boardcommissioner. Nothing in this section limits theboard's23.13 commissioner's authority to seek injunctive relief under section 23.14 214.11. 23.15 Subd. 13. [PENDING APPEAL.] A suspension, revocation, 23.16 condition, limitation, qualification, or restriction of an 23.17 individual'slicenseregistration or right topracticeuse a 23.18 protected title is in effect pending determination of an appeal 23.19 unless the court, upon petition and for good cause shown, orders 23.20 otherwise. 23.21 Sec. 19. Minnesota Statutes 2000, section 148B.282, is 23.22 amended to read: 23.23 148B.282 [PROFESSIONAL COOPERATION; APPLICANT OR 23.24LICENSEEREGISTRANT.] 23.25 An applicant or alicenseeregistrant who is the subject of 23.26 an investigation, or who is questioned in connection with an 23.27 investigation, by or on behalf of theboardcommissioner shall 23.28 cooperate fully with the investigation. Cooperation includes 23.29 responding fully and promptly to any question raised by or on 23.30 behalf of theboardcommissioner relating to the subject of the 23.31 investigation, providing copies of client and other records in 23.32 the applicant's orlicensee'sregistrant's possession relating 23.33 to the matter under investigation and executing releases for 23.34 records, as reasonably requested by theboardcommissioner, and 23.35 appearing at conferences or hearings scheduled by theboard23.36 commissioner. Theboardcommissioner shall pay for copies 24.1 requested. Theboardcommissioner shall be allowed access to 24.2 any records of a client provided services by the applicant 24.3 orlicenseeregistrant under review. If the client has not 24.4 signed a consent permitting access to the client's records, the 24.5 applicant orlicenseeregistrant shall delete any data in the 24.6 record that identifies the client before providing them to 24.7 theboardcommissioner. Theboardcommissioner shall maintain 24.8 any records obtained pursuant to this section as investigative 24.9 data pursuant to chapter 13. 24.10 Sec. 20. Minnesota Statutes 2000, section 148B.283, is 24.11 amended to read: 24.12 148B.283 [REPORTING OBLIGATIONS.] 24.13 Subdivision 1. [PERMISSION TO REPORT.] A person who has 24.14 knowledge of any conduct by an applicant or alicensee24.15 registrant which may constitute grounds for disciplinary action 24.16 under this chapter or the rules of theboardcommissioner or of 24.17 anyunlicensed practiceunauthorized use of a protected title 24.18 under this chapter may report the violation to theboard24.19 commissioner. 24.20 Subd. 2. [INSTITUTIONS.] A state agency, political 24.21 subdivision, agency of a local unit of government, private 24.22 agency, hospital, clinic, prepaid medical plan, or other health 24.23 care institution or organization located in this state shall 24.24 report to theboardcommissioner any action taken by the agency, 24.25 institution, or organization or any of its administrators or 24.26 medical or other committees to revoke, suspend, restrict, or 24.27 condition an applicant's or alicensee'sregistrant's privilege 24.28 to practice or treat patients or clients in the institution, or 24.29 as part of the organization, any denial of privileges, or any 24.30 other disciplinary action for conduct that might constitute 24.31 grounds for disciplinary action by theboardcommissioner under 24.32 this chapter. The institution or organization shall also report 24.33 the resignation of any applicants orlicenseesregistrants prior 24.34 to the conclusion of any disciplinary action proceeding for 24.35 conduct that might constitute grounds for disciplinary action 24.36 under this chapter, or prior to the commencement of formal 25.1 charges but after the applicant orlicenseeregistrant had 25.2 knowledge that formal charges were contemplated or in 25.3 preparation. 25.4 Subd. 3. [PROFESSIONAL SOCIETIES OR ASSOCIATIONS.] A state 25.5 or local professional society or association forlicensees25.6 registrants shall forward to theboardcommissioner any 25.7 complaint received concerning the ethics or conduct of the 25.8 practice which theboardcommissioner regulates. The society or 25.9 association shall forward a complaint to theboardcommissioner 25.10 upon receipt of the complaint. The society or association shall 25.11 also report to theboardcommissioner any disciplinary action 25.12 taken against a member. 25.13 Subd. 4. [LICENSED PROFESSIONALS.] (a) A licensed health 25.14 professional shall report to theboardcommissioner information 25.15 on the following conduct by an applicant or alicensee25.16 registrant: 25.17 (1) sexual contact or sexual conduct with a client or a 25.18 former client; 25.19 (2) failure to make reports required by section 626.556 or 25.20 626.557; 25.21 (3) impairment in the ability to practice by reason of 25.22 illness, use of alcohol, drugs, or other chemicals, or as a 25.23 result of any mental or physical condition; 25.24 (4) improper or fraudulent billing practices, including 25.25 violations of the federal Medicare and Medicaid laws or state 25.26 medical assistance laws; 25.27 (5) fraud in thelicensureregistration application process 25.28 or any other false statements made to the board; 25.29 (6) conviction of a felony reasonably related to the 25.30 practice of social work, including conviction of the 25.31 psychotherapist sex crimes in chapter 609; and 25.32 (7) a violation ofa boardan order of the commissioner. 25.33 (b) A licensed health professional shall also report to the 25.34boardcommissioner information on any other conduct by an 25.35 applicant or alicenseeregistrant that constitutes grounds for 25.36 disciplinary action under this chapter or the rules of theboard26.1 commissioner when the licensed health professional reasonably 26.2 believes, after appropriate assessment, that the client's 26.3 functioning has been or likely will be affected negatively by 26.4 the conduct, regardless of whether the conduct has ceased. 26.5 (c) Notwithstanding paragraphs (a) and (b), a licensed 26.6 health professional shall report to theboardcommissioner 26.7 knowledge of any actions which institutions must report under 26.8 subdivision 2. 26.9 Subd. 5. [REPORTING OTHER LICENSED PROFESSIONALS.] An 26.10 applicant or alicenseeregistrant shall report to the 26.11 appropriate board conduct by a licensed health professional 26.12 which would constitute grounds for disciplinary action under the 26.13 chapter governing the practice of the other licensed health 26.14 professional and which is required by law to be reported to the 26.15 same board. 26.16 Subd. 6. [INSURERS AND OTHER ENTITIES MAKING LIABILITY 26.17 PAYMENTS.] (a) Four times each year as prescribed by the 26.18boardcommissioner, each insurer authorized to sell insurance 26.19 described in section 60A.06, subdivision 1, clause (13), and 26.20 providing professional liability insurance to licensees, or the 26.21 medical joint underwriting association under chapter 62F, shall 26.22 submit to theboardcommissioner a report concerning the 26.23licenseesregistrants against whom malpractice settlements or 26.24 awards have been made to the plaintiff. The report must contain 26.25 at least the following information: 26.26 (1) the total number of malpractice settlements or awards 26.27 made; 26.28 (2) the date the malpractice settlements or awards were 26.29 made; 26.30 (3) the allegations contained in the claim or complaint 26.31 leading to the settlements or awards made; 26.32 (4) the dollar amount of each malpractice settlement or 26.33 award; 26.34 (5) the regular address of the practice of thelicensee26.35 registrant against whom an award was made or with whom a 26.36 settlement was made; and 27.1 (6) the name of thelicenseeregistrant against whom an 27.2 award was made or with whom a settlement was made. 27.3 (b) A medical clinic, hospital, political subdivision, or 27.4 other entity which makes professional liability insurance 27.5 payments on behalf of applicants orlicenseesregistrants shall 27.6 submit to theboardcommissioner a report concerning malpractice 27.7 settlements or awards paid on behalf of applicants orlicensees27.8 registrants, and any settlements or awards paid by a clinic, 27.9 hospital, political subdivision, or other entity on its own 27.10 behalf because of care rendered by applicants orlicensees27.11 registrants. This requirement excludes forgiveness of bills. 27.12 The report shall be made to the board within 30 days of payment 27.13 of all or part of any settlement or award. 27.14 (c) The insurance company or other entity making 27.15 professional liability insurance payments shall, in addition to 27.16 the information in paragraph (b), report to theboard27.17 commissioner any information it possesses that tends to 27.18 substantiate a charge, including the factual data underlying a 27.19 settlement, that an applicant or alicenseeregistrant may have 27.20 engaged in conduct violating this chapter. 27.21 Subd. 7. [COURTS.] The court administrator of district 27.22 court or any other court of competent jurisdiction shall report 27.23 to theboardcommissioner any judgment or other determination of 27.24 the court that adjudges or includes a finding that an applicant 27.25 or alicenseeregistrant is mentally ill, mentally incompetent, 27.26 guilty of a felony, guilty of a violation of federal or state 27.27 narcotics laws or controlled substances act, or guilty of an 27.28 abuse or fraud under Medicare or Medicaid; or that appoints a 27.29 guardian of the applicant orlicenseeregistrant pursuant to 27.30 sections 525.54 to 525.61 or commits an applicant or alicensee27.31 registrant pursuant to chapter 253B. 27.32 Subd. 8. [SELF-REPORTING.] An applicant or alicensee27.33 registrant shall report to theboardcommissioner any personal 27.34 action that would require that a report be filed by any person, 27.35 health care facility, business, or organization pursuant to 27.36 subdivisions 2 to 7. 28.1 Subd. 9. [DEADLINES; FORMS.] Reports required by 28.2 subdivisions 2 to 8 must be submitted not later than 30 days 28.3 after the occurrence of the reportable event or transaction. 28.4 Theboardcommissioner may provide forms for the submission of 28.5 reports required by this section, may require that reports be 28.6 submitted on the forms provided, and may adopt rules necessary 28.7 to assure prompt and accurate reporting. 28.8 Subd. 10. [SUBPOENAS.] Theboardcommissioner may issue 28.9 subpoenas for the production of any reports required by 28.10 subdivisions 2 to 8 or any related documents. 28.11 Sec. 21. Minnesota Statutes 2000, section 148B.284, 28.12 subdivision 2, is amended to read: 28.13 Subd. 2. [INVESTIGATION.]Board members andThe 28.14 commissioner and department employees; persons engaged on behalf 28.15 of theboardcommissioner in the investigation of violations and 28.16 in the preparation, presentation, and management of and 28.17 testimony pertaining to charges of violations; and persons 28.18 engaged in monitoring compliance with statutes, rules,board28.19 orders of the commissioner, or corrective action agreements are 28.20 immune from civil liability and criminal prosecution for any 28.21 actions, transactions, or publications in the execution of, or 28.22 relating to, their duties under this chapter. 28.23 Sec. 22. Minnesota Statutes 2000, section 148B.285, is 28.24 amended to read: 28.25 148B.285 [DISCLOSURE.] 28.26 Subdivision 1. [CONTESTED CASE PROCEEDINGS.] (a) Upon 28.27 application of a party in aboardhearing or a contested case 28.28 hearing before theboardcommissioner, theboardcommissioner 28.29 shall produce and permit the inspection and copying, by or on 28.30 behalf of the moving party, of any designated documents or 28.31 papers relevant to the proceedings, in accordance with rule 34, 28.32 Minnesota rules of civil procedure. 28.33 (b) Theboardhearing before the commissioner or contested 28.34 case hearing shall be open to the public, except that theboard28.35 commissioner or administrative law judge shall close the hearing 28.36 for testimony by clients, and testimony and argument about 29.1 clients. 29.2 (c) Notwithstanding section 13.41, information which may 29.3 identify a client, client records, andlicenseeregistrant 29.4 health records are private data during the contested case 29.5 hearing, as part of the hearing record, and as part of any 29.6 appellate or other court record. 29.7 (d) Clients may waive the protections afforded by this 29.8 subdivision. 29.9 Subd. 2. [INFORMATION ON DISCIPLINARY ACTIONS.] If the 29.10boardcommissioner imposes disciplinary measures or takes 29.11 disciplinary action of any kind, the name and business address 29.12 of thelicenseeregistrant, the nature of the misconduct, and 29.13 the action taken by theboardcommissioner, including all 29.14 settlement agreements and otherboardorders of the 29.15 commissioner, are public data. 29.16 Subd. 3. [EXCHANGE OF INFORMATION.] Theboardcommissioner 29.17 shall exchange information with other boards, agencies, or 29.18 departments within the state, as required under section 214.10, 29.19 subdivision 8, paragraph (c). 29.20 Subd. 4. [INFORMATION TO THE COMPLAINANT.] Theboard29.21 commissioner shall furnish to a person who made a complaint a 29.22 statement of the result of an investigation of the complaint and 29.23 a description of the activities and actions of theboard29.24 commissioner relating to the complaint. 29.25 Subd. 5. [CLASSIFICATION OF CERTAIN RESIDENCE ADDRESSES 29.26 AND TELEPHONE NUMBERS.] Notwithstanding section 13.41, 29.27 subdivision 2 or 4, the residence address and telephone number 29.28 of an applicant orlicenseeregistrant are private data on 29.29 individuals as defined in section 13.02, subdivision 12, if the 29.30 applicant orlicenseeregistrant so requests and provides an 29.31 alternative address and telephone number. 29.32 Subd. 6. [PUBLICATION OF DISCIPLINARY ACTIONS.] At least 29.33 annually,each boardthe commissioner shall publish and release 29.34 to the public a description of all disciplinary measures or 29.35 actions taken by theboardcommissioner. The publication must 29.36 include, for each disciplinary measure or action taken, the name 30.1 and business address of thelicenseeregistrant, the nature of 30.2 the misconduct, and the measure or action taken by theboard30.3 commissioner. 30.4 Sec. 23. Minnesota Statutes 2000, section 148B.286, is 30.5 amended to read: 30.6 148B.286 [PROFESSIONAL ACCOUNTABILITY.] 30.7 Subdivision 1. [INVESTIGATION.] Theboardcommissioner 30.8 shall maintain and keep current a file containing the reports 30.9 and complaints filed against applicants orlicenseesregistrants 30.10 within theboard'scommissioner's jurisdiction. Each complaint 30.11 filed with theboardcommissioner pursuant to chapter 214 must 30.12 be investigated according to chapter 214. If the files 30.13 maintained by theboardcommissioner show that a malpractice 30.14 settlement or award to the plaintiff has been made against an 30.15 applicant or alicenseeregistrant as reported by insurers under 30.16 section 148B.283, theexecutive director of the board shall30.17notify the board and the boardcommissioner may authorize a 30.18 review of the provider's practice. 30.19 Subd. 2. [ATTORNEY GENERAL INVESTIGATES.] When the 30.20boardcommissioner initiates a review of an applicant's or a 30.21licensee'sregistrant's practice it shall notify the attorney 30.22 general who shall investigate the matter in the same manner as 30.23 provided in chapter 214. If an investigation is to be made, the 30.24 attorney general shall notify the applicant orlicensee30.25 registrant, and, if the incident being investigated occurred 30.26 there, the administrator and chief of staff at the health care 30.27 facilities or clinics in which the professional serves, if 30.28 applicable. 30.29 Subd. 3. [ACCESS TO RECORDS.] Theboardcommissioner shall 30.30 be allowed access to any records of a client provided services 30.31 by the applicant orlicenseeregistrant under review. If the 30.32 client has not signed a consent permitting access, the 30.33 applicant,licenseeregistrant, or custodian of the records 30.34 shall first delete the client's name or other client identifiers 30.35 before providing the records to theboardcommissioner. 30.36 Sec. 24. Minnesota Statutes 2000, section 148B.287, is 31.1 amended to read: 31.2 148B.287 [MALPRACTICE HISTORY.] 31.3 Subdivision 1. [SUBMISSION.]LicenseesRegistrants or 31.4 applicantsfor licensurewho have previously practiced in 31.5 another state shall submit with their application the following 31.6 information: 31.7 (1) number, date, and disposition of any malpractice 31.8 settlement or award made relating to the quality of services 31.9 provided by thelicenseeregistrant or applicant; and 31.10 (2) number, date, and disposition of any civil litigations 31.11 or arbitrations relating to the quality of services provided by 31.12 thelicenseeregistrant or applicant in which the party 31.13 complaining against thelicenseeregistrant or applicant 31.14 prevailed or otherwise received a favorable decision or order. 31.15 Subd. 2. [BOARDCOMMISSIONER ACTION.] Theboard31.16 commissioner shall give due consideration to the information 31.17 submitted under this section. Alicenseeregistrant or 31.18 applicantfor licensurewho willfully submits incorrect 31.19 information is subject to disciplinary action under this chapter. 31.20 Sec. 25. Minnesota Statutes 2000, section 148B.288, is 31.21 amended to read: 31.22 148B.288 [EVIDENCE OF PAST SEXUAL CONDUCT.] 31.23 In a proceeding for the suspension or revocation of the 31.24 right topracticeuse a protected title or other disciplinary or 31.25 adverse action involving sexual contact with a client or former 31.26 client, theboardcommissioner or administrative law judge shall 31.27 not consider evidence of the client's previous sexual conduct 31.28 nor shall any reference to this conduct be made during the 31.29 proceedings or in the findings, except by motion of the 31.30 complainant, unless the evidence would be admissible under the 31.31 applicable provisions of section 609.347, subdivision 3. 31.32 Sec. 26. Minnesota Statutes 2000, section 148B.289, is 31.33 amended to read: 31.34 148B.289 [TAX CLEARANCE CERTIFICATE.] 31.35 Subdivision 1. [CERTIFICATE REQUIRED.] Theboard31.36 commissioner may not issue or renew alicenseregistration if 32.1 the commissioner of revenue notifies theboardcommissioner and 32.2 thelicenseeregistrant or applicant for alicenseregistration 32.3 that thelicenseeregistrant or applicant owes the state 32.4 delinquent taxes in the amount of $500 or more. Theboard32.5 commissioner may issue or renew alicenseregistration or filing 32.6 only if the commissioner of revenue issues a tax clearance 32.7 certificate and the commissioner of revenue or the 32.8licenseeregistrant or applicant forwards a copy of the 32.9 clearance to theboardcommissioner. The commissioner of 32.10 revenue may issue a clearance certificate only if thelicensee32.11 registrant or applicant does not owe the state any uncontested 32.12 delinquent taxes. For purposes of this section, "taxes" means 32.13 all taxes payable to the commissioner of revenue, including 32.14 penalties and interest due on those taxes. "Delinquent taxes" 32.15 do not include a tax liability if (1) an administrative or court 32.16 action that contests the amount or validity of the liability has 32.17 been filed or served, (2) the appeal period to contest the tax 32.18 liability has not expired, or (3) thelicenseeregistrant or 32.19 applicant has entered into a payment agreement to pay the 32.20 liability and is current with the payments. 32.21 Subd. 2. [HEARING.] In lieu of the notice and hearing 32.22 requirements of section 148B.281, when alicenseeregistrant or 32.23 applicant is required to obtain a clearance certificate under 32.24 this subdivision, a contested case hearing must be held if the 32.25licenseeregistrant or applicant requests a hearing in writing 32.26 to the commissioner of revenue within 30 days of the date of the 32.27 notice required in subdivision 1. The hearing must be held 32.28 within 45 days of the date the commissioner of revenue refers 32.29 the case to the office of administrative hearings. 32.30 Notwithstanding any other law, thelicenseeregistrant or 32.31 applicant must be served with 20 days' notice in writing 32.32 specifying the time and place of the hearing and the allegations 32.33 against thelicenseeregistrant or applicant. The notice may be 32.34 served personally or by mail. 32.35 Subd. 3. [INFORMATION REQUIRED.] Theboardcommissioner 32.36 shall require alllicenseesregistrants or applicants to provide 33.1 their social security number and Minnesota business 33.2 identification number on alllicenseregistration applications. 33.3 Upon request of the commissioner of revenue, theboard33.4 commissioner must provide to the commissioner of revenue a list 33.5 of alllicenseesregistrants and applicants, including the name 33.6 and address, social security number, and business identification 33.7 number. The commissioner of revenue may request a list of the 33.8licenseesregistrants and applicants no more than once each 33.9 calendar year. 33.10 Sec. 27. Minnesota Statutes 2000, section 214.01, 33.11 subdivision 2, is amended to read: 33.12 Subd. 2. [HEALTH-RELATED LICENSING BOARD.] "Health-related 33.13 licensing board" means the board of examiners of nursing home 33.14 administrators established pursuant to section 144A.19, the 33.15 office of unlicensed complementary and alternative health care 33.16 practice established pursuant to section 146A.02, the board of 33.17 medical practice created pursuant to section 147.01, the board 33.18 of nursing created pursuant to section 148.181, the board of 33.19 chiropractic examiners established pursuant to section 148.02, 33.20 the board of optometry established pursuant to section 148.52, 33.21 the board of physical therapy established pursuant to section 33.22 148.67, the board of psychology established pursuant to section 33.23 148.90,the board of social work pursuant to section 148B.19,33.24 the board of marriage and family therapy pursuant to section 33.25 148B.30, the office of mental health practice established 33.26 pursuant to section 148B.61, the alcohol and drug counselors 33.27 licensing advisory council established pursuant to section 33.28 148C.02, the board of dietetics and nutrition practice 33.29 established under section 148.622, the board of dentistry 33.30 established pursuant to section 150A.02, the board of pharmacy 33.31 established pursuant to section 151.02, the board of podiatric 33.32 medicine established pursuant to section 153.02, and the board 33.33 of veterinary medicine, established pursuant to section 156.01. 33.34 Sec. 28. [INSTRUCTIONS TO REVISOR.] 33.35 (a) The revisor shall delete "board of social work" or 33.36 "social work licensing board" and insert "commissioner of 34.1 health" in Minnesota Statutes, sections 13.383, subdivision 10; 34.2 148B.60, subdivision 3; and 214.10, and shall delete "social 34.3 work" and "social worker" in Minnesota Statutes, sections 214.04 34.4 and 214.16. 34.5 (b) The revisor shall delete "licensed social worker" and 34.6 insert "registered social worker" or delete "licensed social 34.7 workers" and insert "registered social workers" in sections 34.8 62A.46, subdivision 5; 62Q.095, subdivision 5; 148C.11, 34.9 subdivision 1; 253B.02, subdivision 9; and 595.02, subdivision 1. 34.10 Sec. 29. [REPEALER.] 34.11 Minnesota Statutes 2000, sections 148B.18, subdivisions 3, 34.12 4a, 8, and 9; 148B.19; and 148B.28, are repealed.