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SF 883

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 08/26/2015 02:33pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to health occupations; changing licensing provisions for the Board of
Social Work; amending Minnesota Statutes 2014, sections 148E.075; 148E.080,
subdivisions 1, 2; 148E.180, subdivisions 2, 5; repealing Minnesota Statutes
2014, sections 148E.060, subdivision 12; 148E.075, subdivisions 4, 5, 6, 7.

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

Section 1.

Minnesota Statutes 2014, section 148E.075, is amended to read:


148E.075 deleted text begin INACTIVE LICENSESdeleted text end new text begin ALTERNATE LICENSESnew text end .

Subdivision 1.

deleted text begin Inactive statusdeleted text end new text begin Temporary leave licensenew text end .

(a) deleted text begin A licensee qualifies
for inactive status under either of the circumstances described in paragraph (b) or (c).
deleted text end

deleted text begin (b) A licensee qualifies for inactive status when the licensee is granted temporary
leave from active practice.deleted text end A licensee qualifies for temporary leave from active practice if
the licensee demonstrates to the satisfaction of the board that the licensee is not engaged
in the practice of social work in any setting, including settings in which social workers are
exempt from licensure according to section 148E.065. A licensee who is granted temporary
leave from active practice may reactivate the license according to section 148E.080.

new text begin (b) A licensee may maintain a temporary leave license for no more than four
consecutive years.
 new text end

deleted text begin (c) A licensee qualifies for inactive status when a licensee is granted an emeritus
license. A licensee qualifies for an emeritus license if the licensee demonstrates to the
satisfaction of the board that:
 deleted text end

deleted text begin (1) the licensee is retired from social work practice; and
 deleted text end

deleted text begin (2) the licensee is not engaged in the practice of social work in any setting, including
settings in which social workers are exempt from licensure according to section 148E.065.
 deleted text end

deleted text begin A licensee who possesses an emeritus license may reactivate the license according to
section 148E.080.
 deleted text end

new text begin (c) A licensee who is granted temporary leave from active practice may reactivate
the license according to section 148E.080. If a licensee does not apply for reactivation
within 60 days following the end of the consecutive four-year period, the license
automatically expires. An individual with an expired license may apply for new licensure
according to section 148E.055.
 new text end

new text begin (d) Except as provided in paragraph (e), a licensee who holds a temporary leave
license must not practice, attempt to practice, offer to practice, or advertise or hold out as
authorized to practice social work.
 new text end

new text begin (e) The board may grant a variance to the requirements of paragraph (d) if a licensee
on temporary leave license provides emergency social work services. A variance is
granted only if the board provides the variance in writing to the licensee. The board may
impose conditions or restrictions on the variance.
 new text end

new text begin (f) In making representations of professional status to the public, when holding a
temporary leave license, a licensee must state that the license is not active and that the
licensee cannot practice social work.
 new text end

new text begin Subd. 1a. new text end

new text begin Emeritus inactive license. new text end

new text begin (a) A licensee qualifies for an emeritus inactive
license if the licensee demonstrates to the satisfaction of the board that the licensee is:
 new text end

new text begin (1) retired from social work practice; and
 new text end

new text begin (2) not engaged in the practice of social work in any setting, including settings in
which social workers are exempt from licensure according to section 148E.065.
 new text end

new text begin (b) A licensee with an emeritus inactive license may apply for reactivation according
to section 148E.080 only during the four years following the granting of the emeritus
inactive license. However, after four years following the granting of the emeritus inactive
license, an individual may apply for new licensure according to section 148E.055.
 new text end

new text begin (c) Except as provided in paragraph (d), a licensee who holds an emeritus inactive
license must not practice, attempt to practice, offer to practice, or advertise or hold out as
authorized to practice social work.
 new text end

new text begin (d) The board may grant a variance to the requirements of paragraph (c) if a licensee
on emeritus inactive license provides emergency social work services. A variance is
granted only if the board provides the variance in writing to the licensee. The board may
impose conditions or restrictions on the variance.
 new text end

new text begin (e) In making representations of professional status to the public, when holding
an emeritus inactive license, a licensee must state that the license is not active and that
the licensee cannot practice social work.
 new text end

new text begin Subd. 1b. new text end

new text begin Emeritus active license. new text end

new text begin (a) A licensee qualifies for an emeritus active
license if the applicant demonstrates to the satisfaction of the board that the licensee is:
 new text end

new text begin (1) retired from social work practice; and
 new text end

new text begin (2) in compliance with the supervised practice requirements, as applicable, under
sections 148E.100 to 148E.125.
 new text end

new text begin (b) A licensee who is issued an emeritus active license is only authorized to engage in:
 new text end

new text begin (1) pro bono or unpaid social work practice as specified in section 148E.010,
subdivisions 6 and 11; or
 new text end

new text begin (2) paid social work practice not to exceed 240 clock hours per calendar year, for the
exclusive purpose to provide licensing supervision as specified in sections 148E.100 to
148E.125; and
 new text end

new text begin (3) the authorized scope of practice specified in section 148E.050.
 new text end

new text begin (c) An emeritus active license must be renewed according to the requirements
specified in section 148E.070, subdivisions 1, 2, 3, 4, and 5.
 new text end

new text begin (d) At the time of license renewal a licensee must provide evidence satisfactory to the
board that the licensee has, during the renewal term, completed 20 clock hours of continuing
education, including at least two clock hours in ethics, as specified in section 148E.130:
 new text end

new text begin (1) for licensed independent clinical social workers, at least 12 clock hours must be
in the clinical content areas specified in section 148E.055, subdivision 5; and
 new text end

new text begin (2) for social workers providing supervision according to sections 148E.100 to
148E.125, at least three clock hours must be in the practice of supervision.
 new text end

new text begin (e) Independent study hours must not consist of more than eight clock hours of
continuing education per renewal term.
 new text end

new text begin (f) Failure to renew an active emeritus license on the expiration date will result in an
expired license as specified in section 148E.070, subdivision 5.
 new text end

new text begin (g) The board may grant a variance to the requirements of paragraph (b) if a licensee
holding an emeritus active license provides emergency social work services. A variance is
granted only if the board provides the variance in writing to the licensee. The board may
impose conditions or restrictions on the variance.
 new text end

new text begin (h) In making representations of professional status to the public, when holding an
emeritus active license, a licensee must state that an emeritus active license authorizes only
pro bono or unpaid social work practice, or paid social work practice not to exceed 240
clock hours per calendar year, for the exclusive purpose to provide licensing supervision
as specified in sections 148E.100 to 148E.125.
 new text end

new text begin (i) Notwithstanding the time limit and emeritus active license renewal requirements
specified in this section, a licensee who possesses an emeritus active license may
reactivate the license according to section 148E.080 or apply for new licensure according
to section 148E.055.
 new text end

Subd. 2.

Application.

A licensee may apply for deleted text begin inactive statusdeleted text end new text begin temporary leave
license, emeritus inactive license, or emeritus active licensenew text end :

(1) at any time new text begin when currently licensed under section 148E.055, 148E.0555,
148E.0556, or 148E.0557, or when licensed as specified in section 148E.075, new text end by
submitting an application deleted text begin for a temporary leave from active practice or for an emeritus
licensedeleted text end new text begin form required by the boardnew text end ; or

(2) as an alternative to applying for the renewal of a license by so recording on the
application deleted text begin for license renewaldeleted text end new text begin form required by the boardnew text end and submitting the completed,
signed application to the board.

An application that is not completed or signed, or that is not accompanied by the
correct fee, must be returned to the applicant, along with any fee submitted, and is void.
For applications submitted electronically, a "signed application" means providing an
attestation as specified by the board.

Subd. 3.

Fee.

(a) Regardless of when the application for deleted text begin inactive statusdeleted text end new text begin temporary
leave license or emeritus inactive licensenew text end is submitted, the temporary leave new text begin license new text end or
emeritus new text begin inactive new text end license fee specified in section 148E.180, whichever is applicable, must
accompany the application. A licensee who is approved for deleted text begin inactive statusdeleted text end new text begin temporary
leave license or emeritus inactive licensenew text end before the license expiration date is not entitled
to receive a refund for any portion of the license or renewal fee.

(b) If an application for temporary leavenew text begin or emeritus active licensenew text end is received after
the license expiration date, the licensee must pay a renewal late fee as specified in section
148E.180 in addition to the temporary leave fee.

new text begin (c) Regardless of when the application for emeritus active license is submitted,
the emeritus active license fee is one-half of the renewal fee for the applicable license
specified in section 148E.180, subdivision 3, and must accompany the application. A
licensee who is approved for emeritus active license before the license expiration date is
not entitled to receive a refund for any portion of the license or renewal fee.
 new text end

deleted text begin Subd. 4. deleted text end

deleted text begin Time limits for temporary leaves. deleted text end

deleted text begin A licensee may maintain an inactive
license on temporary leave for no more than five consecutive years. If a licensee does
not apply for reactivation within 60 days following the end of the consecutive five-year
period, the license automatically expires.
 deleted text end

deleted text begin Subd. 5. deleted text end

deleted text begin Time limits for emeritus license. deleted text end

deleted text begin A licensee with an emeritus license may
not apply for reactivation according to section 148E.080 after five years following the
granting of the emeritus license. However, after five years following the granting of the
emeritus license, an individual may apply for new licensure according to section 148E.055.
 deleted text end

deleted text begin Subd. 6. deleted text end

deleted text begin Prohibition on practice. deleted text end

deleted text begin (a) Except as provided in paragraph (b), a
licensee whose license is inactive must not practice, attempt to practice, offer to practice,
or advertise or hold out as authorized to practice social work.
 deleted text end

deleted text begin (b) The board may grant a variance to the requirements of paragraph (a) if a licensee
on inactive status provides emergency social work services. A variance is granted only
if the board provides the variance in writing to the licensee. The board may impose
conditions or restrictions on the variance.
 deleted text end

deleted text begin Subd. 7. deleted text end

deleted text begin Representations of professional status. deleted text end

deleted text begin In making representations of
professional status to the public, a licensee whose license is inactive must state that the
license is inactive and that the licensee cannot practice social work.
 deleted text end

Subd. 8.

Disciplinary or other action.

The board may resolve any pending
complaints against a licensee before approving an application for deleted text begin inactive statusdeleted text end new text begin an
alternate license specified in this sectionnew text end . The board may take action according to sections
148E.255 to 148E.270 against a licensee deleted text begin whose license is inactivedeleted text end new text begin who is issued an
alternate license specified in this sectionnew text end based on conduct occurring before the license is
inactive or conduct occurring while the license is deleted text begin inactivedeleted text end new text begin effectivenew text end .

Sec. 2.

Minnesota Statutes 2014, section 148E.080, subdivision 1, is amended to read:


Subdivision 1.

Mailing notices to licensees on temporary leave.

The board must
mail a notice for reactivation to a licensee on temporary leave at least 45 days before the
expiration date of the license according to section 148E.075, subdivision deleted text begin 4deleted text end new text begin 1new text end . Mailing
the notice by United States mail to the licensee's last known mailing address constitutes
valid mailing. Failure to receive the reactivation notice does not relieve a licensee of the
obligation to comply with the provisions of this section to reactivate a license.

Sec. 3.

Minnesota Statutes 2014, section 148E.080, subdivision 2, is amended to read:


Subd. 2.

Reactivation from a temporary leave or emeritus status.

To reactivate a
license from a temporary leave or emeritus status, a licensee must do the following within
the time period specified in section 148E.075, subdivisions deleted text begin 4 and 5deleted text end new text begin 1, 1a, and 1bnew text end :

(1) complete an application form specified by the board;

(2) document compliance with the continuing education requirements specified in
subdivision 4;

(3) submit a supervision plan, if required;

(4) pay the reactivation of deleted text begin an inactive licenseedeleted text end new text begin a licensenew text end fee specified in section
148E.180; and

(5) pay the wall certificate fee according to section 148E.095, subdivision 1,
paragraph (b) or (c), if the licensee needs a duplicate license.

Sec. 4.

Minnesota Statutes 2014, section 148E.180, subdivision 2, is amended to read:


Subd. 2.

License fees.

License fees are as follows:

(1) for a licensed social worker, $81;

(2) for a licensed graduate social worker, $144;

(3) for a licensed independent social worker, $216;

(4) for a licensed independent clinical social worker, $238.50;

(5) for an emeritusnew text begin inactivenew text end license, $43.20; deleted text begin and
deleted text end

new text begin (6) for an emeritus active license, one-half of the renewal fee specified in subdivision
3; and
 new text end

deleted text begin (6)deleted text end new text begin (7)new text end for a temporary leave fee, the same as the renewal fee specified in subdivision
3.

If the licensee's initial license term is less or more than 24 months, the required
license fees must be prorated proportionately.

Sec. 5.

Minnesota Statutes 2014, section 148E.180, subdivision 5, is amended to read:


Subd. 5.

Late fees.

Late fees are as follows:

(1) renewal late fee, one-fourth of the renewal fee specified in subdivision 3; deleted text begin and
deleted text end

(2) supervision plan late fee, $40deleted text begin .deleted text end new text begin ; and
new text end

new text begin (3) license late fee, $100 plus the prorated share of the license fee specified in
subdivision 2 for the number of months during which the individual practiced social
work without a license.
 new text end

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, sections 148E.060, subdivision 12; and 148E.075,
subdivisions 4, 5, 6, and 7, new text end new text begin are repealed.
 new text end