Minnesota Legislature
SF 1204
1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to health; recodifying statutes and rules 1.3 relating to social work; authorizing rulemaking; 1.4 providing penalties; modifying provisions relating to 1.5 physical therapists; providing penalties; modifying 1.6 the Psychology Practice Act; phasing out licensure as 1.7 a licensed psychological practitioner; modifying 1.8 dental licensure provisions; establishing fees; 1.9 modifying provisions for licensed professional 1.10 counselors; authorizing certain rulemaking; modifying 1.11 physician review; modifying information contained on 1.12 prescriptions; providing recognition for the practice 1.13 of respiratory therapy in emergency situations; 1.14 providing that audiologists need not obtain hearing 1.15 instrument dispenser certification; providing 1.16 penalties; transferring oversight authority for the 1.17 Office of Mental Health Practice; requiring a report; 1.18 establishing penalty fees for certain credentialed 1.19 health occupations; providing criminal penalties; 1.20 appropriating money; amending Minnesota Statutes 2004, 1.21 sections 13.383, subdivision 10; 13.411, subdivision 1.22 5; 144.335, subdivision 1; 144A.46, subdivision 2; 1.23 147.09; 147A.18, subdivisions 1, 3; 147C.05; 148.512, 1.24 subdivision 6, by adding subdivisions; 148.515, by 1.25 adding a subdivision; 148.5194, by adding 1.26 subdivisions; 148.5195, subdivision 3; 148.6445, by 1.27 adding a subdivision; 148.65, by adding subdivisions; 1.28 148.706; 148.75; 148.89, subdivision 5; 148.90, 1.29 subdivision 1; 148.907, by adding a subdivision; 1.30 148.908, subdivision 2, by adding a subdivision; 1.31 148.909; 148.916, subdivision 2; 148.925, subdivision 1.32 6; 148.941, subdivision 2; 148.96, subdivision 3; 1.33 148B.53, subdivisions 1, 3; 148B.54, subdivision 2; 1.34 148B.59; 148B.60; 148B.61; 148C.03, subdivision 1; 1.35 148C.04, subdivisions 3, 4, 6; 148C.091, subdivision 1.36 1; 148C.10, subdivision 2; 148C.11, subdivisions 1, 4, 1.37 5, 6; 148C.12, subdivision 3, by adding a subdivision; 1.38 150A.01, subdivision 6a; 150A.06, subdivision 1a; 1.39 150A.10, subdivision 1a; 153A.13, subdivision 5; 1.40 153A.14, subdivisions 2i, 4, 4c; 153A.15, subdivision 1.41 1; 153A.20, subdivision 1; 214.01, subdivision 2; 1.42 214.103, subdivision 1; 245.462, subdivision 18; 1.43 245.4871, subdivision 27; 256B.0625, subdivision 38; 1.44 256J.08, subdivision 73a; 319B.02, subdivision 19; 1.45 319B.40; Laws 2003, chapter 118, section 29, as 1.46 amended; proposing coding for new law in Minnesota 2.1 Statutes, chapters 148; 148B; 148C; 150A; 153A; 2.2 providing coding for new law as Minnesota Statutes, 2.3 chapter 148D; repealing Minnesota Statutes 2004, 2.4 sections 148B.18; 148B.185; 148B.19; 148B.20; 148B.21; 2.5 148B.215; 148B.22; 148B.224; 148B.225; 148B.226; 2.6 148B.24; 148B.25; 148B.26; 148B.27; 148B.28; 148B.281; 2.7 148B.282; 148B.283; 148B.284; 148B.285; 148B.286; 2.8 148B.287; 148B.288; 148B.289; 148C.02; 148C.12, 2.9 subdivision 4; 153A.14, subdivision 2a; Minnesota 2.10 Rules, parts 4747.0030, subparts 11, 16; 4747.1200; 2.11 4747.1300; 5601.0100, subparts 3, 4; 8740.0100; 2.12 8740.0110; 8740.0120; 8740.0122; 8740.0130; 8740.0155; 2.13 8740.0185; 8740.0187; 8740.0200; 8740.0240; 8740.0260; 2.14 8740.0285; 8740.0300; 8740.0310; 8740.0315; 8740.0320; 2.15 8740.0325; 8740.0330; 8740.0335; 8740.0340; 8740.0345. 2.16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.17 ARTICLE 1 2.18 BOARD OF SOCIAL WORK 2.19 Section 1. Minnesota Statutes 2004, section 13.383, 2.20 subdivision 10, is amended to read: 2.21 Subd. 10. [SOCIAL WORKERS.] (a) [DISCIPLINARY DATA 2.22 GENERALLY.] Data held by the Board of Social Work in connection 2.23 with disciplinary matters are classified under 2.24 sections148B.281, subdivisions 2 and 5, and 148B.285148D.255 2.25 to 148D.270. 2.26 (b) [REPORTS OF VIOLATIONS.] Certain reports of violations 2.27 submitted to the Board of Social Work are classified 2.28 undersection 148B.284sections 148D.240 to 148D.250. 2.29 (c) [CLIENT RECORDS.] Client records of a patient cared 2.30 for by a social worker who is under review by the Board of 2.31 Social Work are classified undersections 148B.282 and 148B.286,2.32subdivision 3section 148D.230. 2.33 Sec. 2. Minnesota Statutes 2004, section 13.411, 2.34 subdivision 5, is amended to read: 2.35 Subd. 5. [SOCIAL WORKERS.] Residence addresses and 2.36 telephone numbers of social worker licensees are classified 2.37 undersection 148B.285, subdivision 5chapter 148D. 2.38 Sec. 3. Minnesota Statutes 2004, section 144.335, 2.39 subdivision 1, is amended to read: 2.40 Subdivision 1. [DEFINITIONS.] For the purposes of this 2.41 section, the following terms have the meanings given them: 2.42 (a) "Patient" means a natural person who has received 2.43 health care services from a provider for treatment or 3.1 examination of a medical, psychiatric, or mental condition, the 3.2 surviving spouse and parents of a deceased patient, or a person 3.3 the patient appoints in writing as a representative, including a 3.4 health care agent acting pursuant to chapter 145C, unless the 3.5 authority of the agent has been limited by the principal in the 3.6 principal's health care directive. Except for minors who have 3.7 received health care services pursuant to sections 144.341 to 3.8 144.347, in the case of a minor, patient includes a parent or 3.9 guardian, or a person acting as a parent or guardian in the 3.10 absence of a parent or guardian. 3.11 (b) "Provider" means (1) any person who furnishes health 3.12 care services and is regulated to furnish the services pursuant 3.13 to chapter 147, 147A, 147B, 147C, 147D, 148, 148B, 148C, 148D, 3.14 150A, 151, 153, or 153A, or Minnesota Rules, chapter 4666; (2) a 3.15 home care provider licensed under section 144A.46; (3) a health 3.16 care facility licensed pursuant to this chapter or chapter 144A; 3.17 (4) a physician assistant registered under chapter 147A; and (5) 3.18 an unlicensed mental health practitioner regulated pursuant to 3.19 sections 148B.60 to 148B.71. 3.20 (c) "Individually identifiable form" means a form in which 3.21 the patient is or can be identified as the subject of the health 3.22 records. 3.23 Sec. 4. Minnesota Statutes 2004, section 144A.46, 3.24 subdivision 2, is amended to read: 3.25 Subd. 2. [EXEMPTIONS.] The following individuals or 3.26 organizations are exempt from the requirement to obtain a home 3.27 care provider license: 3.28 (1) a person who is licensed as a registered nurse under 3.29 sections 148.171 to 148.285 and who independently provides 3.30 nursing services in the home without any contractual or 3.31 employment relationship to a home care provider or other 3.32 organization; 3.33 (2) a personal care assistant who provides services to only 3.34 one individual under the medical assistance program as 3.35 authorized under sections 256B.0625, subdivision 19a, and 3.36 256B.04, subdivision 16; 4.1 (3) a person or organization that exclusively offers, 4.2 provides, or arranges for personal care assistant services to 4.3 only one individual under the medical assistance program as 4.4 authorized under sections 256B.0625, subdivision 19a, and 4.5 256B.04, subdivision 16; 4.6 (4) a person who is licensed under sections 148.65 to 4.7 148.78 and who independently provides physical therapy services 4.8 in the home without any contractual or employment relationship 4.9 to a home care provider or other organization; 4.10 (5) a provider that is licensed by the commissioner of 4.11 human services to provide semi-independent living services under 4.12 Minnesota Rules, parts 9525.0500 to 9525.0660 when providing 4.13 home care services to a person with a developmental disability; 4.14 (6) a provider that is licensed by the commissioner of 4.15 human services to provide home and community-based services 4.16 under Minnesota Rules, parts 9525.2000 to 9525.2140 when 4.17 providing home care services to a person with a developmental 4.18 disability; 4.19 (7) a person or organization that provides only home 4.20 management services, if the person or organization is registered 4.21 under section 144A.461; or 4.22 (8) a person who is licensed as a social worker under 4.23sections 148B.18 to 148B.289chapter 148D and who provides 4.24 social work services in the home independently and not through 4.25 any contractual or employment relationship with a home care 4.26 provider or other organization. 4.27 An exemption under this subdivision does not excuse the 4.28 individual from complying with applicable provisions of the home 4.29 care bill of rights. 4.30 Sec. 5. Minnesota Statutes 2004, section 147.09, is 4.31 amended to read: 4.32 147.09 [EXEMPTIONS.] 4.33 Section 147.081 does not apply to, control, prevent or 4.34 restrict the practice, service, or activities of: 4.35 (1) A person who is a commissioned medical officer of, a 4.36 member of, or employed by, the armed forces of the United 5.1 States, the United States Public Health Service, the Veterans 5.2 Administration, any federal institution or any federal agency 5.3 while engaged in the performance of official duties within this 5.4 state, if the person is licensed elsewhere. 5.5 (2) A licensed physician from a state or country who is in 5.6 actual consultation here. 5.7 (3) A licensed or registered physician who treats the 5.8 physician's home state patients or other participating patients 5.9 while the physicians and those patients are participating 5.10 together in outdoor recreation in this state as defined by 5.11 section 86A.03, subdivision 3. A physician shall first register 5.12 with the board on a form developed by the board for that 5.13 purpose. The board shall not be required to promulgate the 5.14 contents of that form by rule. No fee shall be charged for this 5.15 registration. 5.16 (4) A student practicing under the direct supervision of a 5.17 preceptor while the student is enrolled in and regularly 5.18 attending a recognized medical school. 5.19 (5) A student who is in continuing training and performing 5.20 the duties of an intern or resident or engaged in postgraduate 5.21 work considered by the board to be the equivalent of an 5.22 internship or residency in any hospital or institution approved 5.23 for training by the board, provided the student has a residency 5.24 permit issued by the board under section 147.0391. 5.25 (6) A person employed in a scientific, sanitary, or 5.26 teaching capacity by the state university, the Department of 5.27 Education, a public or private school, college, or other bona 5.28 fide educational institution, a nonprofit organization, which 5.29 has tax-exempt status in accordance with the Internal Revenue 5.30 Code, section 501(c)(3), and is organized and operated primarily 5.31 for the purpose of conducting scientific research directed 5.32 towards discovering the causes of and cures for human diseases, 5.33 or the state Department of Health, whose duties are entirely of 5.34 a research, public health, or educational character, while 5.35 engaged in such duties; provided that if the research includes 5.36 the study of humans, such research shall be conducted under the 6.1 supervision of one or more physicians licensed under this 6.2 chapter. 6.3 (7) Physician's assistants registered in this state. 6.4 (8) A doctor of osteopathy duly licensed by the state Board 6.5 of Osteopathy under Minnesota Statutes 1961, sections 148.11 to 6.6 148.16, prior to May 1, 1963, who has not been granted a license 6.7 to practice medicine in accordance with this chapter provided 6.8 that the doctor confines activities within the scope of the 6.9 license. 6.10 (9) Any person licensed by a health related licensing 6.11 board, as defined in section 214.01, subdivision 2, or 6.12 registered by the commissioner of health pursuant to section 6.13 214.13, including psychological practitioners with respect to 6.14 the use of hypnosis; provided that the person confines 6.15 activities within the scope of the license. 6.16 (10) A person who practices ritual circumcision pursuant to 6.17 the requirements or tenets of any established religion. 6.18 (11) A Christian Scientist or other person who endeavors to 6.19 prevent or cure disease or suffering exclusively by mental or 6.20 spiritual means or by prayer. 6.21 (12) A physician licensed to practice medicine in another 6.22 state who is in this state for the sole purpose of providing 6.23 medical services at a competitive athletic event. The physician 6.24 may practice medicine only on participants in the athletic 6.25 event. A physician shall first register with the board on a 6.26 form developed by the board for that purpose. The board shall 6.27 not be required to adopt the contents of the form by rule. The 6.28 physician shall provide evidence satisfactory to the board of a 6.29 current unrestricted license in another state. The board shall 6.30 charge a fee of $50 for the registration. 6.31 (13) A psychologist licensed under section 148.907 or a 6.32 social worker licensed undersection 148B.21chapter 148D who 6.33 uses or supervises the use of a penile or vaginal plethysmograph 6.34 in assessing and treating individuals suspected of engaging in 6.35 aberrant sexual behavior and sex offenders. 6.36 (14) Any person issued a training course certificate or 7.1 credentialed by the Emergency Medical Services Regulatory Board 7.2 established in chapter 144E, provided the person confines 7.3 activities within the scope of training at the certified or 7.4 credentialed level. 7.5 (15) An unlicensed complementary and alternative health 7.6 care practitioner practicing according to chapter 146A. 7.7 Sec. 6. [148D.001] [CITATION.] 7.8 This chapter may be cited as the "Minnesota Board of Social 7.9 Work Practice Act." 7.10 Sec. 7. [148D.010] [DEFINITIONS.] 7.11 Subdivision 1. [SCOPE.] For the purpose of this chapter, 7.12 the terms in this section have the meanings given. 7.13 Subd. 2. [APPLICANT.] "Applicant" means a person who 7.14 submits an application to the board for a new license, a license 7.15 renewal, a change in license, an inactive license, reactivation 7.16 of a license, or a voluntary termination. 7.17 Subd. 3. [APPLICATION.] "Application" means an application 7.18 to the board for a new license, a license renewal, a change in 7.19 license, an inactive license, reactivation of a license, or 7.20 voluntary termination. 7.21 Subd. 4. [BOARD.] "Board" means the Board of Social Work 7.22 created under section 148D.025. 7.23 Subd. 5. [CLIENT.] "Client" means an individual, couple, 7.24 family, group, community, or organization that receives or has 7.25 received social work services as described in subdivision 9. 7.26 Subd. 6. [CLINICAL PRACTICE.] "Clinical practice" means 7.27 applying professional social work knowledge, skills, and values 7.28 in the differential diagnosis and treatment of psychosocial 7.29 function, disability, or impairment, including addictions and 7.30 emotional, mental, and behavioral disorders. Treatment includes 7.31 a plan based on a differential diagnosis. Treatment may 7.32 include, but is not limited to, the provision of psychotherapy 7.33 to individuals, couples, families, and groups. Clinical social 7.34 workers may also provide the services described in subdivision 9. 7.35 Subd. 7. [INTERN.] "Intern" means a student in field 7.36 placement working under the supervision or direction of a social 8.1 worker. 8.2 Subd. 8. [PERSON-IN-ENVIRONMENT PERSPECTIVE.] 8.3 "Person-in-environment perspective" means viewing human 8.4 behavior, development, and function in the context of one or 8.5 more of the following: the environment, social functioning, 8.6 mental health, and physical health. 8.7 Subd. 9. [PRACTICE OF SOCIAL WORK.] "Practice of social 8.8 work" means working to maintain, restore, or improve behavioral, 8.9 cognitive, emotional, mental, or social functioning of clients, 8.10 in a manner that applies accepted professional social work 8.11 knowledge, skills, and values, including the 8.12 person-in-environment perspective, by providing in person or 8.13 through telephone, video conferencing, or electronic means one 8.14 or more of the social work services described in clauses (1) to 8.15 (3). Social work services may address conditions that impair or 8.16 limit behavioral, cognitive, emotional, mental, or social 8.17 functioning. Such conditions include, but are not limited to, 8.18 the following: abuse and neglect of children or vulnerable 8.19 adults, addictions, developmental disorders, disabilities, 8.20 discrimination, illness, injuries, poverty, and trauma. Social 8.21 work services include: 8.22 (1) providing assessment and intervention through direct 8.23 contact with clients, developing a plan based on information 8.24 from an assessment, and providing services which include, but 8.25 are not limited to, assessment, case management, client-centered 8.26 advocacy, client education, consultation, counseling, crisis 8.27 intervention, and referral; 8.28 (2) providing for the direct or indirect benefit of clients 8.29 through administrative, educational, policy, or research 8.30 services including, but not limited to: 8.31 (i) advocating for policies, programs, or services to 8.32 improve the well-being of clients; 8.33 (ii) conducting research related to social work services; 8.34 (iii) developing and administering programs which provide 8.35 social work services; 8.36 (iv) engaging in community organization to address social 9.1 problems through planned collective action; 9.2 (v) supervising individuals who provide social work 9.3 services to clients; 9.4 (vi) supervising social workers in order to comply with the 9.5 supervised practice requirements specified in sections 148D.100 9.6 to 148D.125; and 9.7 (vii) teaching professional social work knowledge, skills, 9.8 and values to students; and 9.9 (3) engaging in clinical practice. 9.10 Subd. 10. [PROFESSIONAL NAME.] "Professional name" means 9.11 the name a licensed social worker uses in making representations 9.12 of the social worker's professional status to the public and 9.13 which has been designated to the board in writing pursuant to 9.14 section 148D.090. 9.15 Subd. 11. [PROFESSIONAL SOCIAL WORK KNOWLEDGE, SKILLS, AND 9.16 VALUES.] "Professional social work knowledge, skills, and values" 9.17 means the knowledge, skills, and values taught in programs 9.18 accredited by the Council on Social Work Education, the Canadian 9.19 Association of Schools of Social Work, or a similar 9.20 accreditation body designated by the board. Professional social 9.21 work knowledge, skills, and values include, but are not limited 9.22 to, principles of person-in-environment and the values, 9.23 principles, and standards described in the Code of Ethics of the 9.24 National Association of Social Workers. 9.25 Subd. 12. [SEXUAL CONDUCT.] "Sexual conduct" means any 9.26 physical contact or conduct that may be reasonably interpreted 9.27 as sexual, or any oral, written, electronic, or other 9.28 communication that suggests engaging in physical contact or 9.29 conduct that may be reasonably interpreted as sexual. 9.30 Subd. 13. [SOCIAL WORKER.] "Social worker" means an 9.31 individual who: 9.32 (1) is licensed as a social worker; or 9.33 (2) has obtained a social work degree from a program 9.34 accredited by the Council on Social Work Education, the Canadian 9.35 Association of Schools of Social Work, or a similar 9.36 accreditation body designated by the board and engages in the 10.1 practice of social work. 10.2 Subd. 14. [STUDENT.] "Student" means an individual who is 10.3 taught professional social work knowledge, skills, and values in 10.4 a program that has been accredited by the Council on Social Work 10.5 Education, the Canadian Association of Schools of Social Work, 10.6 or a similar accreditation body designated by the board. 10.7 Subd. 15. [SUPERVISEE.] "Supervisee" means an individual 10.8 provided evaluation and supervision or direction by a social 10.9 worker. 10.10 Subd. 16. [SUPERVISION.] "Supervision" means a 10.11 professional relationship between a supervisor and a social 10.12 worker in which the supervisor provides evaluation and direction 10.13 of the services provided by the social worker to promote 10.14 competent and ethical services to clients through the continuing 10.15 development of the social worker's knowledge and application of 10.16 accepted professional social work knowledge, skills, and values. 10.17 Sec. 8. [148D.015] [SCOPE.] 10.18 This chapter applies to all applicants and licensees, all 10.19 persons who use the title social worker, and all persons in or 10.20 out of this state who provide social work services to clients 10.21 who reside in this state unless there are specific applicable 10.22 exemptions provided by law. 10.23 Sec. 9. [148D.020] [CHAPTER 214.] 10.24 Chapter 214 applies to the Board of Social Work unless 10.25 superseded by this chapter. 10.26 Sec. 10. [148D.025] [BOARD OF SOCIAL WORK.] 10.27 Subdivision 1. [CREATION.] The Board of Social Work 10.28 consists of 15 members appointed by the governor. The members 10.29 are: 10.30 (1) ten social workers licensed pursuant to section 10.31 148D.055; and 10.32 (2) five public members as defined in section 214.02. 10.33 Subd. 2. [QUALIFICATIONS OF BOARD MEMBERS.] (a) All social 10.34 worker members must have engaged in the practice of social work 10.35 in Minnesota for at least one year during the ten years 10.36 preceding their appointments. 11.1 (b) Five social worker members must be licensed social 11.2 workers. The other five members must be a licensed graduate 11.3 social worker, a licensed independent social worker, or a 11.4 licensed independent clinical social worker. 11.5 (c) Eight social worker members must be engaged at the time 11.6 of their appointment in the practice of social work in Minnesota 11.7 in the following settings: 11.8 (1) one member must be engaged in the practice of social 11.9 work in a county agency; 11.10 (2) one member must be engaged in the practice of social 11.11 work in a state agency; 11.12 (3) one member must be engaged in the practice of social 11.13 work in an elementary, middle, or secondary school; 11.14 (4) one member must be employed in a hospital or nursing 11.15 home licensed under chapter 144 or 144A; 11.16 (5) two members must be engaged in the practice of social 11.17 work in a private agency; 11.18 (6) one member must be engaged in the practice of social 11.19 work in a clinical social work setting; and 11.20 (7) one member must be an educator engaged in regular 11.21 teaching duties at a program of social work accredited by the 11.22 Council on Social Work Education or a similar accreditation body 11.23 designated by the board. 11.24 (d) At the time of their appointments, at least six members 11.25 must reside outside of the seven-county metropolitan area. 11.26 (e) At the time of their appointments, at least five 11.27 members must be persons with expertise in communities of color. 11.28 Subd. 3. [OFFICERS.] The board must annually elect from 11.29 its membership a chair, vice-chair, and secretary-treasurer. 11.30 Subd. 4. [BYLAWS.] The board must adopt bylaws to govern 11.31 its proceedings. 11.32 Subd. 5. [EXECUTIVE DIRECTOR.] The board must appoint and 11.33 employ an executive director who is not a member of the board. 11.34 Sec. 11. [148D.030] [DUTIES OF THE BOARD.] 11.35 Subdivision 1. [DUTIES.] The board must perform the duties 11.36 necessary to promote and protect the public health, safety, and 12.1 welfare through the licensure and regulation of persons who 12.2 practice social work in this state. These duties include, but 12.3 are not limited to: 12.4 (1) establishing the qualifications and procedures for 12.5 individuals to be licensed as social workers; 12.6 (2) establishing standards of practice for social workers; 12.7 (3) holding examinations or contracting with the 12.8 Association of Social Work Boards or a similar examination body 12.9 designated by the board to hold examinations to assess 12.10 applicants' qualifications; 12.11 (4) issuing licenses to qualified individuals pursuant to 12.12 sections 148D.055 and 148D.060; 12.13 (5) taking disciplinary, adversarial, corrective, or other 12.14 action pursuant to sections 148D.255 to 148D.270 when an 12.15 individual violates the requirements of this chapter; 12.16 (6) assessing fees pursuant to sections 148D.175 and 12.17 148D.180; and 12.18 (7) educating social workers and the public on the 12.19 requirements of the board. 12.20 Subd. 2. [RULES.] The board may adopt and enforce rules to 12.21 carry out the duties specified in subdivision 1. 12.22 Sec. 12. [148D.035] [VARIANCES.] 12.23 If the effect of a requirement pursuant to this chapter is 12.24 unreasonable, impossible to execute, absurd, or would impose an 12.25 extreme hardship on a licensee, the board may grant a variance 12.26 if the variance is consistent with promoting and protecting the 12.27 public health, safety, and welfare. A variance must not be 12.28 granted for core licensing standards such as substantive 12.29 educational and examination requirements. 12.30 Sec. 13. [148D.040] [IMMUNITY.] 12.31 Board members, board employees, and persons engaged on 12.32 behalf of the board are immune from civil liability and criminal 12.33 prosecution for any actions, transactions, or publications in 12.34 the lawful execution of or relating to their duties under this 12.35 chapter. 12.36 Sec. 14. [148D.045] [CONTESTED CASE HEARING.] 13.1 An applicant or a licensee who is the subject of a 13.2 disciplinary or adversarial action by the board pursuant to this 13.3 chapter may request a contested case hearing under sections 13.4 14.57 to 14.62. An applicant or a licensee who desires to 13.5 request a contested case hearing must submit a written request 13.6 to the board within 90 days after the date on which the board 13.7 mailed the notification of the adverse action, except as 13.8 otherwise provided in this chapter. 13.9 Sec. 15. [148D.050] [LICENSING; SCOPE OF PRACTICE.] 13.10 Subdivision 1. [REQUIREMENTS.] The practice of social work 13.11 must comply with the requirements of subdivision 2, 3, 4, or 5. 13.12 Subd. 2. [LICENSED SOCIAL WORKER.] A licensed social 13.13 worker may engage in social work practice except that a licensed 13.14 social worker must not engage in clinical practice. 13.15 Subd. 3. [LICENSED GRADUATE SOCIAL WORKER.] A licensed 13.16 graduate social worker may engage in social work practice except 13.17 that a licensed graduate social worker must not engage in 13.18 clinical practice except under the supervision of a licensed 13.19 independent clinical social worker or an alternate supervisor 13.20 pursuant to section 148D.120. 13.21 Subd. 4. [LICENSED INDEPENDENT SOCIAL WORKER.] A licensed 13.22 independent social worker may engage in social work practice 13.23 except that a licensed independent social worker must not engage 13.24 in clinical practice except under the supervision of a licensed 13.25 independent clinical social worker or an alternate supervisor 13.26 pursuant to section 148D.120. 13.27 Subd. 5. [LICENSED INDEPENDENT CLINICAL SOCIAL WORKER.] A 13.28 licensed independent clinical social worker may engage in social 13.29 work practice, including clinical practice. 13.30 Sec. 16. [148D.055] [LICENSE REQUIREMENTS.] 13.31 Subdivision 1. [LICENSE REQUIRED.] (a) In order to 13.32 practice social work, an individual must have a social work 13.33 license under this section or section 148D.060, except when the 13.34 individual is exempt from licensure pursuant to section 148D.065. 13.35 (b) Individuals who teach professional social work 13.36 knowledge, skills, and values to students and who have a social 14.1 work degree from a program accredited by the Council on Social 14.2 Work Education, the Canadian Association of Schools of Social 14.3 Work, or a similar accreditation body designated by the board 14.4 must have a social work license under this section or section 14.5 148D.060, except when the individual is exempt from licensure 14.6 pursuant to section 148D.065. 14.7 Subd. 2. [QUALIFICATIONS FOR LICENSURE BY EXAMINATION AS A 14.8 LICENSED SOCIAL WORKER.] (a) Except as provided in paragraph 14.9 (i), to be licensed as a licensed social worker, an applicant 14.10 for licensure by examination must provide evidence satisfactory 14.11 to the board that the applicant: 14.12 (1) has received a baccalaureate degree in social work from 14.13 a program accredited by the Council on Social Work Education, 14.14 the Canadian Association of Schools of Social Work, or a similar 14.15 accreditation body designated by the board; 14.16 (2) has passed the bachelors or equivalent examination 14.17 administered by the Association of Social Work Boards or a 14.18 similar examination body designated by the board. Unless an 14.19 applicant applies for licensure by endorsement pursuant to 14.20 subdivision 7, an examination is not valid if it was taken and 14.21 passed eight or more years prior to submitting a completed, 14.22 signed application form provided by the board. The examination 14.23 may be taken prior to completing degree requirements; 14.24 (3) has submitted a completed, signed application form 14.25 provided by the board, including the applicable application fee 14.26 specified in section 148D.180. For applications submitted 14.27 electronically, a "signed application" means providing an 14.28 attestation as specified by the board; 14.29 (4) has submitted the criminal background check fee and a 14.30 form provided by the board authorizing a criminal background 14.31 check pursuant to subdivision 8; 14.32 (5) has paid the applicable license fee specified in 14.33 section 148D.180; and 14.34 (6) has not engaged in conduct that was or would be in 14.35 violation of the standards of practice specified in sections 14.36 148D.195 to 148D.240. If the applicant has engaged in conduct 15.1 that was or would be in violation of the standards of practice, 15.2 the board may take action pursuant to sections 148D.255 to 15.3 148D.270. 15.4 (b) An application that is not completed and signed, or 15.5 that is not accompanied by the correct fee, must be returned to 15.6 the applicant, along with any fee submitted, and is void. 15.7 (c) A licensee granted a license by the board pursuant to 15.8 paragraph (a) must meet the supervised practice requirements 15.9 specified in sections 148D.100 to 148D.125. If a licensee does 15.10 not meet the supervised practice requirements, the board may 15.11 take action pursuant to sections 148D.255 to 148D.270. 15.12 (d) By submitting an application for licensure, an 15.13 applicant authorizes the board to investigate any information 15.14 provided or requested in the application. The board may request 15.15 that the applicant provide additional information, verification, 15.16 or documentation. 15.17 (e) Within one year of the time the board receives an 15.18 application for licensure, the applicant must meet all the 15.19 requirements specified in paragraph (a) and must provide all of 15.20 the information requested by the board pursuant to paragraph 15.21 (d). If within one year the applicant does not meet all the 15.22 requirements, or does not provide all of the information 15.23 requested, the applicant is considered ineligible and the 15.24 application for licensure must be closed. 15.25 (f) Except as provided in paragraph (g), an applicant may 15.26 not take more than three times the bachelors or equivalent 15.27 examination administered by the Association of Social Work 15.28 Boards, or a similar examination body designated by the board. 15.29 An applicant must receive a passing score on the bachelors or 15.30 equivalent examination administered by the Association of Social 15.31 Work Boards or a similar examination body designated by the 15.32 board in no more than 18 months after the date the applicant 15.33 first failed the examination. 15.34 (g) Notwithstanding paragraph (f), the board may allow an 15.35 applicant to take, for a fourth or subsequent time, the 15.36 bachelors or equivalent examination administered by the 16.1 Association of Social Work Boards or a similar examination body 16.2 designated by the board if the applicant: 16.3 (1) meets all requirements specified in paragraphs (a) to 16.4 (e) other than passing the bachelors or equivalent examination 16.5 administered by the Association of Social Work Boards or a 16.6 similar examination body designated by the board; 16.7 (2) provides to the board a description of the efforts the 16.8 applicant has made to improve the applicant's score and 16.9 demonstrates to the board's satisfaction that the efforts are 16.10 likely to improve the score; and 16.11 (3) provides to the board letters of recommendation from 16.12 two licensed social workers attesting to the applicant's ability 16.13 to practice social work competently and ethically in accordance 16.14 with professional social work knowledge, skills, and values. 16.15 (h) An individual must not practice social work until the 16.16 individual passes the examination and receives a social work 16.17 license under this section or section 148D.060. If the board 16.18 has reason to believe that an applicant may be practicing social 16.19 work without a license, and the applicant has failed the 16.20 bachelors or equivalent examination administered by the 16.21 Association of Social Work Boards or a similar examination body 16.22 designated by the board, the board may notify the applicant's 16.23 employer that the applicant is not licensed as a social worker. 16.24 (i) An applicant who was born in a foreign country, who has 16.25 taken and failed to pass the examination specified in paragraph 16.26 (a), clause (2), at least once since January 1, 2000, and for 16.27 whom English is a second language, is eligible for licensure as 16.28 a social worker if the applicant: 16.29 (1) provides evidence to the board of compliance with the 16.30 requirements in paragraph (a), clauses (1) and (3) to (6), and 16.31 in paragraphs (b) to (e) and (h); and 16.32 (2) provides to the board letters of recommendation and 16.33 experience ratings from two licensed social workers and one 16.34 professor from the applicant's social work program who can 16.35 attest to the applicant's competence. 16.36 This paragraph expires August 1, 2007. 17.1 Subd. 3. [QUALIFICATIONS FOR LICENSURE BY EXAMINATION AS A 17.2 LICENSED GRADUATE SOCIAL WORKER.] (a) Except as provided in 17.3 paragraph (i), to be licensed as a licensed graduate social 17.4 worker, an applicant for licensure by examination must provide 17.5 evidence satisfactory to the board that the applicant: 17.6 (1) has received a graduate degree in social work from a 17.7 program accredited by the Council on Social Work Education, the 17.8 Canadian Association of Schools of Social Work, or a similar 17.9 accreditation body designated by the board; 17.10 (2) has passed the masters or equivalent examination 17.11 administered by the Association of Social Work Boards or a 17.12 similar examination body designated by the board. Unless an 17.13 applicant applies for licensure by endorsement pursuant to 17.14 section 148D.055, subdivision 7, an examination is not valid if 17.15 it was taken and passed eight or more years prior to submitting 17.16 a completed, signed application form provided by the board. The 17.17 examination may be taken prior to completing degree 17.18 requirements; 17.19 (3) has submitted a completed, signed application form 17.20 provided by the board, including the applicable application fee 17.21 specified in section 148D.180. For applications submitted 17.22 electronically, a "signed application" means providing an 17.23 attestation as specified by the board; 17.24 (4) has submitted the criminal background check fee and a 17.25 form provided by the board authorizing a criminal background 17.26 check pursuant to subdivision 8; 17.27 (5) has paid the applicable license fee specified in 17.28 section 148D.180; and 17.29 (6) has not engaged in conduct that was or would be in 17.30 violation of the standards of practice specified in sections 17.31 148D.195 to 148D.240. If the applicant has engaged in conduct 17.32 that was or would be in violation of the standards of practice, 17.33 the board may take action pursuant to sections 148D.255 to 17.34 148D.270. 17.35 (b) An application which is not completed and signed, or 17.36 which is not accompanied by the correct fee, must be returned to 18.1 the applicant, along with any fee submitted, and is void. 18.2 (c) A licensee granted a license by the board pursuant to 18.3 paragraph (a) must meet the supervised practice requirements 18.4 specified in sections 148D.100 to 148D.125. If a licensee does 18.5 not meet the supervised practice requirements, the board may 18.6 take action pursuant to sections 148D.255 to 148D.270. 18.7 (d) By submitting an application for licensure, an 18.8 applicant authorizes the board to investigate any information 18.9 provided or requested in the application. The board may request 18.10 that the applicant provide additional information, verification, 18.11 or documentation. 18.12 (e) Within one year of the time the board receives an 18.13 application for licensure, the applicant must meet all the 18.14 requirements specified in paragraph (a) and must provide all of 18.15 the information requested by the board pursuant to paragraph 18.16 (d). If within one year the applicant does not meet all the 18.17 requirements, or does not provide all of the information 18.18 requested, the applicant is considered ineligible and the 18.19 application for licensure must be closed. 18.20 (f) Except as provided in paragraph (g), an applicant may 18.21 not take more than three times the masters or equivalent 18.22 examination administered by the Association of Social Work 18.23 Boards or a similar examination body designated by the board. 18.24 An applicant must receive a passing score on the masters or 18.25 equivalent examination administered by the Association of Social 18.26 Work Boards or a similar examination body designated by the 18.27 board in no more than 18 months after the date the applicant 18.28 first failed the examination. 18.29 (g) Notwithstanding paragraph (f), the board may allow an 18.30 applicant to take, for a fourth or subsequent time, the masters 18.31 or equivalent examination administered by the Association of 18.32 Social Work Boards or a similar examination body designated by 18.33 the board if the applicant: 18.34 (1) meets all requirements specified in paragraphs (a) to 18.35 (e) other than passing the masters or equivalent examination 18.36 administered by the Association of Social Work boards or a 19.1 similar examination body designated by the board; 19.2 (2) provides to the board a description of the efforts the 19.3 applicant has made to improve the applicant's score and 19.4 demonstrates to the board's satisfaction that the efforts are 19.5 likely to improve the score; and 19.6 (3) provides to the board letters of recommendation from 19.7 two licensed social workers attesting to the applicant's ability 19.8 to practice social work competently and ethically in accordance 19.9 with professional social work knowledge, skills, and values. 19.10 (h) An individual must not practice social work until the 19.11 individual passes the examination and receives a social work 19.12 license under this section or section 148D.060. If the board 19.13 has reason to believe that an applicant may be practicing social 19.14 work without a license, and the applicant has failed the masters 19.15 or equivalent examination administered by the Association of 19.16 Social Work Boards or a similar examination body designated by 19.17 the board, the board may notify the applicant's employer that 19.18 the applicant is not licensed as a social worker. 19.19 (i) An applicant who was born in a foreign country, who has 19.20 taken and failed to pass the examination specified in paragraph 19.21 (a), clause (2), at least once since January 1, 2000, and for 19.22 whom English is a second language, is eligible for licensure as 19.23 a social worker if the applicant: 19.24 (1) provides evidence to the board of compliance with the 19.25 requirements in paragraph (a), clauses (1) and (3) to (6), and 19.26 in paragraphs (b) to (e) and (h); and 19.27 (2) provides to the board letters of recommendation and 19.28 experience ratings from two licensed social workers and one 19.29 professor from the applicant's social work program who can 19.30 attest to the applicant's competence. 19.31 This paragraph expires August 1, 2007. 19.32 Subd. 4. [QUALIFICATIONS FOR LICENSURE BY EXAMINATION AS A 19.33 LICENSED INDEPENDENT SOCIAL WORKER.] (a) Except as provided in 19.34 paragraph (i), to be licensed as a licensed independent social 19.35 worker, an applicant for licensure by examination must provide 19.36 evidence satisfactory to the board that the applicant: 20.1 (1) has received a graduate degree in social work from a 20.2 program accredited by the Council on Social Work Education, the 20.3 Canadian Association of Schools of Social Work, or a similar 20.4 accreditation body designated by the board; 20.5 (2) has practiced social work as defined in section 20.6 148D.010, and has met the supervised practice requirements 20.7 specified in sections 148D.100 to 148D.125; 20.8 (3) has passed the advanced generalist or equivalent 20.9 examination administered by the Association of Social Work 20.10 Boards or a similar examination body designated by the board. 20.11 Unless an applicant applies for licensure by endorsement 20.12 pursuant to subdivision 7, an examination is not valid if it was 20.13 taken and passed eight or more years prior to submitting a 20.14 completed, signed application form provided by the board; 20.15 (4) has submitted a completed, signed application form 20.16 provided by the board, including the applicable application fee 20.17 specified in section 148D.180. For applications submitted 20.18 electronically, a "signed application" means providing an 20.19 attestation as specified by the board; 20.20 (5) has submitted the criminal background check fee and a 20.21 form provided by the board authorizing a criminal background 20.22 check pursuant to subdivision 8; 20.23 (6) has paid the applicable license fee specified in 20.24 section 148D.180; and 20.25 (7) has not engaged in conduct that was or would be in 20.26 violation of the standards of practice specified in sections 20.27 148D.195 to 148D.240. If the applicant has engaged in conduct 20.28 that was or would be in violation of the standards of practice, 20.29 the board may take action pursuant to sections 148D.255 to 20.30 148D.270. 20.31 (b) An application which is not completed and signed, or 20.32 which is not accompanied by the correct fee, must be returned to 20.33 the applicant, along with any fee submitted, and is void. 20.34 (c) A licensed independent social worker who practices 20.35 clinical social work must meet the supervised practice 20.36 requirements specified in sections 148D.100 to 148D.125. If a 21.1 licensee does not meet the supervised practice requirements, the 21.2 board may take action pursuant to sections 148D.255 to 148D.270. 21.3 (d) By submitting an application for licensure, an 21.4 applicant authorizes the board to investigate any information 21.5 provided or requested in the application. The board may request 21.6 that the applicant provide additional information, verification, 21.7 or documentation. 21.8 (e) Within one year of the time the board receives an 21.9 application for licensure, the applicant must meet all the 21.10 requirements specified in paragraph (a) and must provide all of 21.11 the information requested by the board pursuant to paragraph 21.12 (d). If within one year the applicant does not meet all the 21.13 requirements, or does not provide all of the information 21.14 requested, the applicant is considered ineligible and the 21.15 application for licensure must be closed. 21.16 (f) Except as provided in paragraph (g), an applicant may 21.17 not take more than three times the advanced generalist or 21.18 equivalent examination administered by the Association of Social 21.19 Work Boards or a similar examination body designated by the 21.20 board. An applicant must receive a passing score on the masters 21.21 or equivalent examination administered by the Association of 21.22 Social Work Boards or a similar examination body designated by 21.23 the board in no more than 18 months after the first time the 21.24 applicant failed the examination. 21.25 (g) Notwithstanding paragraph (f), the board may allow an 21.26 applicant to take, for a fourth or subsequent time, the advanced 21.27 generalist or equivalent examination administered by the 21.28 Association of Social Work Boards or a similar examination body 21.29 designated by the board if the applicant: 21.30 (1) meets all requirements specified in paragraphs (a) to 21.31 (e) other than passing the advanced generalist or equivalent 21.32 examination administered by the Association of Social Work 21.33 Boards or a similar examination body designated by the board; 21.34 (2) provides to the board a description of the efforts the 21.35 applicant has made to improve the applicant's score and 21.36 demonstrates to the board's satisfaction that the efforts are 22.1 likely to improve the score; and 22.2 (3) provides to the board letters of recommendation from 22.3 two licensed social workers attesting to the applicant's ability 22.4 to practice social work competently and ethically in accordance 22.5 with professional social work knowledge, skills, and values. 22.6 (h) An individual must not practice social work until the 22.7 individual passes the examination and receives a social work 22.8 license under this section or section 148D.060. If the board 22.9 has reason to believe that an applicant may be practicing social 22.10 work without a license, except as provided in section 148D.065, 22.11 and the applicant has failed the advanced generalist or 22.12 equivalent examination administered by the Association of Social 22.13 Work Boards or a similar examination body designated by the 22.14 board, the board may notify the applicant's employer that the 22.15 applicant is not licensed as a social worker. 22.16 (i) An applicant who was born in a foreign country, who has 22.17 taken and failed to pass the examination specified in paragraph 22.18 (a), clause (3), at least once since January 1, 2000, and for 22.19 whom English is a second language, is eligible for licensure as 22.20 a social worker if the applicant: 22.21 (1) provides evidence to the board of compliance with the 22.22 requirements in paragraph (a), clauses (1), (2), and (4) to (7), 22.23 and in paragraphs (b) to (e) and (h); and 22.24 (2) provides to the board letters of recommendation and 22.25 experience ratings from two licensed social workers and one 22.26 professor from the applicant's social work program who can 22.27 attest to the applicant's competence. 22.28 This paragraph expires August 1, 2007. 22.29 Subd. 5. [QUALIFICATIONS FOR LICENSURE BY EXAMINATION AS A 22.30 LICENSED INDEPENDENT CLINICAL SOCIAL WORKER.] (a) Except as 22.31 provided in paragraph (h), to be licensed as a licensed 22.32 independent clinical social worker, an applicant for licensure 22.33 by examination must provide evidence satisfactory to the board 22.34 that the applicant: 22.35 (1) has received a graduate degree in social work from a 22.36 program accredited by the Council on Social Work Education, the 23.1 Canadian Association of Schools of Social Work, or a similar 23.2 accreditation body designated by the board; 23.3 (2) has practiced clinical social work as defined in 23.4 section 148D.010, including both diagnosis and treatment, and 23.5 has met the supervised practice requirements specified in 23.6 sections 148D.100 to 148D.125; 23.7 (3) has passed the clinical or equivalent examination 23.8 administered by the Association of Social Work Boards or a 23.9 similar examination body designated by the board. Unless an 23.10 applicant applies for licensure by endorsement pursuant to 23.11 subdivision 7, an examination is not valid if it was taken and 23.12 passed eight or more years prior to submitting a completed, 23.13 signed application form provided by the board; 23.14 (4) has submitted a completed, signed application form 23.15 provided by the board, including the applicable application fee 23.16 specified in section 148D.180. For applications submitted 23.17 electronically, a "signed application" means providing an 23.18 attestation as specified by the board; 23.19 (5) has submitted the criminal background check fee and a 23.20 form provided by the board authorizing a criminal background 23.21 check pursuant to subdivision 8; 23.22 (6) has paid the license fee specified in section 148D.180; 23.23 and 23.24 (7) has not engaged in conduct that was or would be in 23.25 violation of the standards of practice specified in sections 23.26 148D.195 to 148D.240. If the applicant has engaged in conduct 23.27 that was or would be in violation of the standards of practice, 23.28 the board may take action pursuant to sections 148D.255 to 23.29 148D.270. 23.30 (b) An application which is not completed and signed, or 23.31 which is not accompanied by the correct fee, must be returned to 23.32 the applicant, along with any fee submitted, and is void. 23.33 (c) By submitting an application for licensure, an 23.34 applicant authorizes the board to investigate any information 23.35 provided or requested in the application. The board may request 23.36 that the applicant provide additional information, verification, 24.1 or documentation. 24.2 (d) Within one year of the time the board receives an 24.3 application for licensure, the applicant must meet all the 24.4 requirements specified in paragraph (a) and must provide all of 24.5 the information requested by the board pursuant to paragraph 24.6 (c). If within one year the applicant does not meet all the 24.7 requirements, or does not provide all of the information 24.8 requested, the applicant is considered ineligible and the 24.9 application for licensure must be closed. 24.10 (e) Except as provided in paragraph (f), an applicant may 24.11 not take more than three times the clinical or equivalent 24.12 examination administered by the Association of Social Work 24.13 Boards or a similar examination body designated by the board. 24.14 An applicant must receive a passing score on the clinical or 24.15 equivalent examination administered by the Association of Social 24.16 Work Boards or a similar examination body designated by the 24.17 board no later than 18 months after the first time the applicant 24.18 failed the examination. 24.19 (f) Notwithstanding paragraph (e), the board may allow an 24.20 applicant to take, for a fourth or subsequent time, the clinical 24.21 or equivalent examination administered by the Association of 24.22 Social Work Boards or a similar examination body designated by 24.23 the board if the applicant: 24.24 (1) meets all requirements specified in paragraphs (a) to 24.25 (d) other than passing the clinical or equivalent examination 24.26 administered by the Association of Social Work Boards or a 24.27 similar examination body designated by the board; 24.28 (2) provides to the board a description of the efforts the 24.29 applicant has made to improve the applicant's score and 24.30 demonstrates to the board's satisfaction that the efforts are 24.31 likely to improve the score; and 24.32 (3) provides to the board letters of recommendation from 24.33 two licensed social workers attesting to the applicant's ability 24.34 to practice social work competently and ethically in accordance 24.35 with professional social work knowledge, skills, and values. 24.36 (g) An individual must not practice social work until the 25.1 individual passes the examination and receives a social work 25.2 license under this section or section 148D.060. If the board 25.3 has reason to believe that an applicant may be practicing social 25.4 work without a license, and the applicant has failed the 25.5 clinical or equivalent examination administered by the 25.6 Association of Social Work Boards or a similar examination body 25.7 designated by the board, the board may notify the applicant's 25.8 employer that the applicant is not licensed as a social worker. 25.9 (h) An applicant who was born in a foreign country, who has 25.10 taken and failed to pass the examination specified in paragraph 25.11 (a), clause (3), at least once since January 1, 2000, and for 25.12 whom English is a second language, is eligible for licensure as 25.13 a social worker if the applicant: 25.14 (1) provides evidence to the board of compliance with the 25.15 requirements in paragraph (a), clauses (1), (2), and (4) to (7), 25.16 and paragraphs (b) to (d) and (g); and 25.17 (2) provides to the board letters of recommendation and 25.18 experience ratings from two licensed social workers and one 25.19 professor from the applicant's social work program who can 25.20 attest to the applicant's competence. 25.21 This paragraph expires August 1, 2007. 25.22 Subd. 6. [DEGREES FROM OUTSIDE THE UNITED STATES OR 25.23 CANADA.] If an applicant receives a degree from a program 25.24 outside the United States or Canada that is not accredited by 25.25 the Council on Social Work Education, the Canadian Association 25.26 of Schools of Social Work, or a similar examination body 25.27 designated by the board, the degree does not fulfill the 25.28 requirements specified in subdivision 2, paragraph (a), clause 25.29 (1); 3, paragraph (a), clause (1); 4, paragraph (a), clause (1); 25.30 or 5, paragraph (a), clause (1), unless the Council on Social 25.31 Work Education or a similar accreditation body designated by the 25.32 board has determined through the council's international 25.33 equivalency determination service that the degree earned is 25.34 equivalent to the degree required. 25.35 Subd. 7. [LICENSURE BY ENDORSEMENT.] (a) An applicant for 25.36 licensure by endorsement must hold a current license or 26.1 credential to practice social work in another jurisdiction. 26.2 (b) An applicant for licensure by endorsement who meets the 26.3 qualifications of paragraph (a) and who demonstrates to the 26.4 satisfaction of the board that the applicant passed the 26.5 examination administered by the Association of Social Work 26.6 Boards or a similar examination body designated by the board for 26.7 the applicable license in Minnesota is not required to retake 26.8 the licensing examination. 26.9 (c) An application for licensure by endorsement must meet 26.10 the applicable license requirements specified in subdivisions 1 26.11 to 6 and submit the licensure by endorsement application fee 26.12 specified in section 148D.180. 26.13 Subd. 8. [CRIMINAL BACKGROUND CHECKS.] (a) Except as 26.14 provided in paragraph (b), an initial license application must 26.15 be accompanied by: 26.16 (1) a form provided by the board authorizing the board to 26.17 complete a criminal background check; and 26.18 (2) the criminal background check fee specified by the 26.19 Bureau of Criminal Apprehension. 26.20 Criminal background check fees collected by the board must 26.21 be used to reimburse the Bureau of Criminal Apprehension for the 26.22 criminal background checks. 26.23 (b) An applicant who has previously submitted a license 26.24 application authorizing the board to complete a criminal 26.25 background check is exempt from the requirement specified in 26.26 paragraph (a). 26.27 (c) If a criminal background check indicates that an 26.28 applicant has engaged in criminal behavior, the board may take 26.29 action pursuant to sections 148D.255 to 148D.270. 26.30 Subd. 9. [EFFECTIVE DATE.] The effective date of an 26.31 initial license is the day on which the board receives the 26.32 applicable license fee from an applicant approved for licensure. 26.33 Subd. 10. [EXPIRATION DATE.] The expiration date of an 26.34 initial license is the last day of the licensee's birth month in 26.35 the second calendar year following the effective date of the 26.36 initial license. 27.1 Subd. 11. [CHANGE IN LICENSE.] (a) A licensee who changes 27.2 from a licensed social worker to a licensed graduate social 27.3 worker, or from a licensed graduate social worker to a licensed 27.4 independent social worker, or from a licensed graduate social 27.5 worker or licensed independent social worker to a licensed 27.6 independent clinical social worker, must pay the prorated share 27.7 of the fee for the new license. 27.8 (b) The effective date of the new license is the day on 27.9 which the board receives the applicable license fee from an 27.10 applicant approved for the new license. 27.11 (c) The expiration date of the new license is the same date 27.12 as the expiration date of the license held by the licensee prior 27.13 to the change in the license. 27.14 Sec. 17. [148D.060] [TEMPORARY LICENSES.] 27.15 Subdivision 1. [STUDENTS AND OTHER PERSONS NOT CURRENTLY 27.16 LICENSED IN ANOTHER JURISDICTION.] The board may issue a 27.17 temporary license to practice social work to an applicant who is 27.18 not licensed or credentialed to practice social work in any 27.19 jurisdiction but has: 27.20 (1) applied for a license under section 148D.055; 27.21 (2) applied for a temporary license on a form provided by 27.22 the board; 27.23 (3) submitted a form provided by the board authorizing the 27.24 board to complete a criminal background check; 27.25 (4) passed the applicable licensure examination provided 27.26 for in section 148D.055; 27.27 (5) attested on a form provided by the board that the 27.28 applicant has completed the requirements for a baccalaureate or 27.29 graduate degree in social work from a program accredited by the 27.30 Council on Social Work Education, the Canadian Association of 27.31 Schools of Social Work, or a similar accreditation body 27.32 designated by the board; and 27.33 (6) not engaged in conduct that was or would be in 27.34 violation of the standards of practice specified in sections 27.35 148D.195 to 148D.240. If the applicant has engaged in conduct 27.36 that was or would be in violation of the standards of practice, 28.1 the board may take action pursuant to sections 148D.255 to 28.2 148D.270. 28.3 Subd. 2. [EMERGENCY SITUATIONS AND PERSONS CURRENTLY 28.4 LICENSED IN ANOTHER JURISDICTION.] The board may issue a 28.5 temporary license to practice social work to an applicant who is 28.6 licensed or credentialed to practice social work in another 28.7 jurisdiction, may or may not have applied for a license under 28.8 section 148D.055, and has: 28.9 (1) applied for a temporary license on a form provided by 28.10 the board; 28.11 (2) submitted a form provided by the board authorizing the 28.12 board to complete a criminal background check; 28.13 (3) submitted evidence satisfactory to the board that the 28.14 applicant is currently licensed or credentialed to practice 28.15 social work in another jurisdiction; 28.16 (4) attested on a form provided by the board that the 28.17 applicant has completed the requirements for a baccalaureate or 28.18 graduate degree in social work from a program accredited by the 28.19 Council on Social Work Education, the Canadian Association of 28.20 Schools of Social Work, or a similar accreditation body 28.21 designated by the board; and 28.22 (5) not engaged in conduct that was or would be in 28.23 violation of the standards of practice specified in sections 28.24 148D.195 to 148D.240. If the applicant has engaged in conduct 28.25 that was or would be in violation of the standards of practice, 28.26 the board may take action pursuant to sections 148D.255 to 28.27 148D.270. 28.28 Subd. 3. [TEACHERS.] The board may issue a temporary 28.29 license to practice social work to an applicant whose permanent 28.30 residence is outside the United States, who is teaching social 28.31 work at an academic institution in Minnesota for a period not to 28.32 exceed 12 months, who may or may not have applied for a license 28.33 under section 148D.055, and who has: 28.34 (1) applied for a temporary license on a form provided by 28.35 the board; 28.36 (2) submitted a form provided by the board authorizing the 29.1 board to complete a criminal background check; 29.2 (3) attested on a form provided by the board that the 29.3 applicant has completed the requirements for a baccalaureate or 29.4 graduate degree in social work; and 29.5 (4) has not engaged in conduct that was or would be in 29.6 violation of the standards of practice specified in sections 29.7 148D.195 to 148D.240. If the applicant has engaged in conduct 29.8 that was or would be in violation of the standards of practice, 29.9 the board may take action pursuant to sections 148D.255 to 29.10 148D.270. 29.11 Subd. 4. [TEMPORARY LICENSE APPLICATION FEE.] An applicant 29.12 for a temporary license must pay the application fee described 29.13 in section 148D.180 plus the required fee for the cost of the 29.14 criminal background check. Only one fee for the cost of the 29.15 criminal background check must be submitted when the applicant 29.16 is applying for both a temporary license and a license under 29.17 section 148D.055. 29.18 Subd. 5. [TEMPORARY LICENSE TERM.] (a) A temporary license 29.19 is valid until expiration, or until the board issues or denies 29.20 the license pursuant to section 148D.055, or until the board 29.21 revokes the temporary license, whichever comes first. A 29.22 temporary license is nonrenewable. 29.23 (b) A temporary license issued pursuant to subdivision 1 or 29.24 2 expires after six months. 29.25 (c) A temporary license issued pursuant to subdivision 3 29.26 expires after 12 months. 29.27 Subd. 6. [LICENSEE WITH A TEMPORARY LICENSE WHO HAS 29.28 COMPLETED REQUIREMENTS FOR A BACCALAUREATE DEGREE.] A licensee 29.29 with a temporary license who has provided evidence to the board 29.30 that the licensee has completed the requirements for a 29.31 baccalaureate degree in social work from a program accredited by 29.32 the Council on Social Work Education, the Canadian Association 29.33 of Schools of Social Work, or a similar accreditation body 29.34 designated by the board may temporarily engage in social work 29.35 practice except that a licensee with a temporary license may not 29.36 engage in clinical social work practice. 30.1 Subd. 7. [LICENSEE WITH A TEMPORARY LICENSE WHO HAS 30.2 COMPLETED REQUIREMENTS FOR A GRADUATE DEGREE.] A licensee with a 30.3 temporary license who has provided evidence to the board that 30.4 the licensee has completed the requirements for a graduate 30.5 degree in social work from a program accredited by the Council 30.6 on Social Work Education, the Canadian Association of Schools of 30.7 Social Work, or a similar accreditation body designated by the 30.8 board may temporarily engage in social work practice, including 30.9 clinical practice. 30.10 Subd. 8. [SUPERVISION REQUIREMENTS.] (a) Except as 30.11 provided in paragraph (b), an applicant who is not currently 30.12 licensed or credentialed to practice social work in another 30.13 jurisdiction and who obtains a temporary license may practice 30.14 social work only under the supervision of an individual licensed 30.15 as a social worker who is eligible to provide supervision under 30.16 sections 148D.100 to 148D.125. Before the applicant is approved 30.17 for licensure, the applicant's supervisor must attest to the 30.18 board's satisfaction that the applicant has practiced social 30.19 work under supervision. This supervision applies toward the 30.20 supervision required after licensure. 30.21 (b) If an applicant is currently licensed or credentialed 30.22 to practice social work in another jurisdiction, and receives a 30.23 temporary license pursuant to subdivision 3, the requirements 30.24 specified in paragraph (a) do not apply. However, if an 30.25 applicant with a temporary license chooses to practice social 30.26 work under supervision, the supervision applies to the 30.27 requirements specified in sections 148D.100 to 148D.125. 30.28 Subd. 9. [PROHIBITION ON PRACTICE.] An applicant for a 30.29 temporary license must not practice social work in Minnesota, 30.30 except as provided in section 148D.065, until the applicant has 30.31 been granted a temporary license. 30.32 Subd. 10. [REPRESENTATION OF PROFESSIONAL STATUS.] In 30.33 making representations of professional status to the public, a 30.34 licensee with a temporary license must state that the licensee 30.35 has a temporary license. 30.36 Subd. 11. [STANDARDS OF PRACTICE.] A licensee with a 31.1 temporary license must conduct all professional activities as a 31.2 social worker in accordance with the requirements of sections 31.3 148D.195 to 148D.240. 31.4 Subd. 12. [INELIGIBILITY.] An applicant who is currently 31.5 practicing social work in Minnesota in a setting that is not 31.6 exempt under section 148D.065 at the time of application is 31.7 ineligible for a temporary license. 31.8 Subd. 13. [REVOCATION OF TEMPORARY LICENSE.] The board may 31.9 immediately revoke the temporary license of any licensee who 31.10 violates any requirements of this section. The revocation must 31.11 be made for cause, without notice or opportunity to be heard. A 31.12 licensee whose temporary license is revoked must immediately 31.13 return the temporary license to the board. 31.14 Sec. 18. [148D.065] [EXEMPTIONS.] 31.15 Subdivision 1. [OTHER PROFESSIONALS.] Nothing in this 31.16 chapter may be construed to prevent members of other professions 31.17 or occupations from performing functions for which they are 31.18 qualified or licensed. This exception includes but is not 31.19 limited to: licensed physicians, registered nurses, licensed 31.20 practical nurses, licensed psychologists, psychological 31.21 practitioners, probation officers, members of the clergy and 31.22 Christian Science practitioners, attorneys, marriage and family 31.23 therapists, alcohol and drug counselors, professional 31.24 counselors, school counselors, and registered occupational 31.25 therapists or certified occupational therapist assistants. 31.26 These persons must not, however, hold themselves out to the 31.27 public by any title or description stating or implying that they 31.28 are engaged in the practice of social work, or that they are 31.29 licensed to engage in the practice of social work. Persons 31.30 engaged in the practice of social work are not exempt from the 31.31 board's jurisdiction solely by the use of one of the titles in 31.32 this subdivision. 31.33 Subd. 2. [STUDENTS.] An internship, externship, or any 31.34 other social work experience that is required for the completion 31.35 of an accredited program of social work does not constitute the 31.36 practice of social work under this chapter. 32.1 Subd. 3. [GEOGRAPHIC WAIVER.] A geographic waiver may be 32.2 granted by the board on a case-by-case basis to agencies with 32.3 special regional hiring problems. The waiver is for the purpose 32.4 of permitting agencies to hire individuals who do not meet the 32.5 qualifications of section 148D.055 or 148D.060 to practice 32.6 social work. 32.7 Subd. 4. [CITY, COUNTY, AND STATE AGENCY SOCIAL 32.8 WORKERS.] The licensure of city, county, and state agency social 32.9 workers is voluntary. City, county, and state agencies 32.10 employing social workers are not required to employ licensed 32.11 social workers. 32.12 Subd. 5. [FEDERALLY RECOGNIZED TRIBES AND PRIVATE 32.13 NONPROFIT AGENCIES WITH A MINORITY FOCUS.] The licensure of 32.14 social workers who are employed by federally recognized tribes, 32.15 or by private nonprofit agencies whose primary service focus 32.16 addresses ethnic minority populations, and who are themselves 32.17 members of ethnic minority populations within those agencies, is 32.18 voluntary. 32.19 Sec. 19. [148D.070] [LICENSE RENEWALS.] 32.20 Subdivision 1. [LICENSE RENEWAL TERM.] (a) If a license is 32.21 renewed, the license must be renewed for a two-year renewal 32.22 term. The renewal term is the period from the effective date of 32.23 an initial or renewed license to the expiration date of the 32.24 license. 32.25 (b) The effective date of a renewed license is the day 32.26 following the expiration date of the expired license. 32.27 (c) The expiration date of a renewed license is the last 32.28 day of the licensee's birth month in the second calendar year 32.29 following the effective date of the renewed license. 32.30 Subd. 2. [MAILING LICENSE RENEWAL NOTICES.] The board must 32.31 mail a notice for license renewal to a licensee at least 45 days 32.32 before the expiration date of the license. Mailing the notice 32.33 by United States mail to the licensee's last known mailing 32.34 address constitutes valid mailing. Failure to receive the 32.35 renewal notice does not relieve a licensee of the obligation to 32.36 renew a license and to pay the renewal fee. 33.1 Subd. 3. [SUBMITTING LICENSE RENEWAL APPLICATIONS.] (a) In 33.2 order to renew a license, a licensee must submit: 33.3 (1) a completed, signed application for license renewal; 33.4 and 33.5 (2) the applicable renewal fee specified in section 33.6 148D.180. 33.7 The completed, signed application and renewal fee must be 33.8 received by the board prior to midnight of the day of the 33.9 license expiration date. For renewals submitted electronically, 33.10 a "signed application" means providing an attestation as 33.11 specified by the board. 33.12 (b) An application which is not completed and signed, or 33.13 which is not accompanied by the correct fee, must be returned to 33.14 the applicant, along with any fee submitted, and is void. 33.15 (c) The completed, signed application must include 33.16 documentation that the licensee has met the continuing education 33.17 requirements specified in sections 148D.130 to 148D.170 and, if 33.18 applicable, the supervised practice requirements specified in 33.19 sections 148D.100 to 148D.125. 33.20 (d) By submitting a renewal application, an applicant 33.21 authorizes the board to: 33.22 (1) investigate any information provided or requested in 33.23 the application. The board may request that the applicant 33.24 provide additional information, verification, or documentation; 33.25 (2) conduct an audit to determine if the applicant has met 33.26 the continuing education requirements specified in sections 33.27 148D.130 to 148D.170; and 33.28 (3) if applicable, conduct an audit to determine whether 33.29 the applicant has met the supervision requirements specified in 33.30 sections 148D.100 to 148D.125. 33.31 (e) If a licensee's application for license renewal meets 33.32 the requirements specified in paragraph (a), the licensee may 33.33 continue to practice after the license expiration date until the 33.34 board approves or denies the application. 33.35 Subd. 4. [RENEWAL LATE FEE.] An application that is 33.36 received after the license expiration date must be accompanied 34.1 by the renewal late fee specified in section 148D.180 in 34.2 addition to the applicable renewal fee. The application, 34.3 renewal fee, and renewal late fee must be received by the board 34.4 within 60 days of the license expiration date, or the license 34.5 automatically expires. 34.6 Subd. 5. [EXPIRED LICENSE.] (a) If an application does not 34.7 meet the requirements specified in subdivisions 3 and 4, the 34.8 license automatically expires. A licensee whose license has 34.9 expired may reactivate a license by meeting the requirements in 34.10 section 148D.080 or be relicensed by meeting the requirements 34.11 specified in section 148D.055. 34.12 (b) The board may take action pursuant to sections 148D.255 34.13 to 148D.270 based on a licensee's conduct before the expiration 34.14 of the license. 34.15 (c) An expired license may be reactivated within one year 34.16 of the expiration date specified in section 148D.080. After one 34.17 year of the expiration date, an individual may apply for a new 34.18 license pursuant to section 148D.055. 34.19 Sec. 20. [148D.075] [INACTIVE LICENSES.] 34.20 Subdivision 1. [INACTIVE STATUS.] (a) A licensee qualifies 34.21 for inactive status under either of the circumstances described 34.22 in paragraph (b) or (c). 34.23 (b) A licensee qualifies for inactive status when the 34.24 licensee is granted temporary leave from active practice. A 34.25 licensee qualifies for temporary leave from active practice if 34.26 the licensee demonstrates to the satisfaction of the board that 34.27 the licensee is not engaged in the practice of social work in 34.28 any setting, including settings in which social workers are 34.29 exempt from licensure pursuant to section 148D.065. A licensee 34.30 who is granted temporary leave from active practice may 34.31 reactivate the license pursuant to section 148D.080. 34.32 (c) A licensee qualifies for inactive status when a 34.33 licensee is granted an emeritus license. A licensee qualifies 34.34 for an emeritus license if the licensee demonstrates to the 34.35 satisfaction of the board that: 34.36 (i) the licensee is retired from social work practice; and 35.1 (ii) the licensee is not engaged in the practice of social 35.2 work in any setting, including settings in which social workers 35.3 are exempt from licensure pursuant to section 148D.065. 35.4 A licensee who possesses an emeritus license may reactivate the 35.5 license pursuant to section 148D.080. 35.6 Subd. 2. [APPLICATION.] A licensee may apply for inactive 35.7 status: 35.8 (1) at any time by submitting an application for a 35.9 temporary leave from active practice or for an emeritus license; 35.10 or 35.11 (2) as an alternative to applying for the renewal of a 35.12 license by so recording on the application for license renewal 35.13 and submitting the completed, signed application to the board. 35.14 An application that is not completed or signed, or that is 35.15 not accompanied by the correct fee, must be returned to the 35.16 applicant, along with any fee submitted, and is void. For 35.17 applications submitted electronically, a "signed application" 35.18 means providing an attestation as specified by the board. 35.19 Subd. 3. [FEE.] (a) Regardless of when the application for 35.20 inactive status is submitted, the temporary leave or emeritus 35.21 license fee specified in section 148D.180, whichever is 35.22 applicable, must accompany the application. A licensee who is 35.23 approved for inactive status before the license expiration date 35.24 is not entitled to receive a refund for any portion of the 35.25 license or renewal fee. 35.26 (b) If an application for temporary leave is received after 35.27 the license expiration date, the licensee must pay a renewal 35.28 late fee as specified in section 148D.180 in addition to the 35.29 temporary leave fee. 35.30 Subd. 4. [TIME LIMITS FOR TEMPORARY LEAVES.] A licensee 35.31 may maintain an inactive license on temporary leave for no more 35.32 than five consecutive years. If a licensee does not apply for 35.33 reactivation within 60 days following the end of the consecutive 35.34 five-year period, the license automatically expires. 35.35 Subd. 5. [TIME LIMITS FOR AN EMERITUS LICENSE.] A licensee 35.36 with an emeritus license may not apply for reactivation pursuant 36.1 to section 148D.080 after five years following the granting of 36.2 the emeritus license. However, after five years following the 36.3 granting of the emeritus license, an individual may apply for 36.4 new licensure pursuant to section 148D.055. 36.5 Subd. 6. [PROHIBITION ON PRACTICE.] (a) Except as provided 36.6 in paragraph (b), a licensee whose license is inactive must not 36.7 practice, attempt to practice, offer to practice, or advertise 36.8 or hold out as authorized to practice social work. 36.9 (b) The board may grant a variance to the requirements of 36.10 paragraph (a) if a licensee on inactive status provides 36.11 emergency social work services. A variance is granted only if 36.12 the board provides the variance in writing to the licensee. The 36.13 board may impose conditions or restrictions on the variance. 36.14 Subd. 7. [REPRESENTATIONS OF PROFESSIONAL STATUS.] In 36.15 making representations of professional status to the public, a 36.16 licensee whose license is inactive must state that the license 36.17 is inactive and that the licensee cannot practice social work. 36.18 Subd. 8. [DISCIPLINARY OR OTHER ACTION.] The board may 36.19 resolve any pending complaints against a licensee before 36.20 approving an application for inactive status. The board may 36.21 take action pursuant to sections 148D.255 to 148D.270 against a 36.22 licensee whose license is inactive based on conduct occurring 36.23 before the license is inactive or conduct occurring while the 36.24 license is inactive. 36.25 Sec. 21. [148D.080] [REACTIVATIONS.] 36.26 Subdivision 1. [MAILING NOTICES TO LICENSEES ON TEMPORARY 36.27 LEAVE.] The board must mail a notice for reactivation to a 36.28 licensee on temporary leave at least 45 days before the 36.29 expiration date of the license pursuant to section 148D.075, 36.30 subdivision 4. Mailing the notice by United States mail to the 36.31 licensee's last known mailing address constitutes valid 36.32 mailing. Failure to receive the reactivation notice does not 36.33 relieve a licensee of the obligation to comply with the 36.34 provisions of this section to reactivate a license. 36.35 Subd. 2. [REACTIVATION FROM A TEMPORARY LEAVE OR EMERITUS 36.36 STATUS.] To reactivate a license from a temporary leave or 37.1 emeritus status, a licensee must do the following within the 37.2 time period specified in section 148D.075, subdivisions 4 and 5: 37.3 (1) complete an application form specified by the board; 37.4 (2) document compliance with the continuing education 37.5 requirements specified in subdivision 4; 37.6 (3) submit a supervision plan, if required; 37.7 (4) pay the reactivation of an inactive licensee fee 37.8 specified in section 148D.180; and 37.9 (5) pay the wall certificate fee in accordance with section 37.10 148D.095, subdivision 1, paragraph (b) or (c), if the licensee 37.11 needs a duplicate license. 37.12 Subd. 3. [REACTIVATION OF AN EXPIRED LICENSE.] To 37.13 reactivate an expired license, a licensee must do the following 37.14 within one year of the expiration date: 37.15 (1) complete an application form specified by the board; 37.16 (2) document compliance with the continuing education 37.17 requirements that were in effect at the time the license 37.18 expired; 37.19 (3) document compliance with the supervision requirements, 37.20 if applicable, that were in effect at the time the license 37.21 expired; and 37.22 (4) pay the reactivation of an expired license fee 37.23 specified in section 148D.180. 37.24 Subd. 4. [CONTINUING EDUCATION REQUIREMENTS.] (a) A 37.25 licensee who is on temporary leave or who has an emeritus 37.26 license must obtain the continuing education hours that would be 37.27 required if the license was active. At the time of 37.28 reactivation, the licensee must document compliance with the 37.29 continuing education requirements specified in sections 148D.130 37.30 to 148D.170. 37.31 (b) A licensee applying for reactivation pursuant to 37.32 subdivision 2 or 3 may apply for a variance to the continuing 37.33 education requirements pursuant to sections 148D.130 to 148D.170. 37.34 Subd. 5. [REACTIVATION OF A VOLUNTARILY TERMINATED 37.35 LICENSE.] To reactivate a voluntarily terminated license, a 37.36 licensee must do the following within one year of the date the 38.1 voluntary termination takes effect: 38.2 (1) complete an application form specified by the board; 38.3 (2) document compliance with the continued education 38.4 requirements that were in effect at the time the license was 38.5 voluntarily terminated; 38.6 (3) document compliance with the supervision requirements, 38.7 if applicable, that were in effect at the time the license was 38.8 voluntarily terminated; and 38.9 (4) pay the reactivation of an expired or voluntarily 38.10 terminated license fee specified in section 148D.180. 38.11 Sec. 22. [148D.085] [VOLUNTARY TERMINATIONS.] 38.12 Subdivision 1. [REQUESTS FOR VOLUNTARY TERMINATION.] (a) A 38.13 licensee may request voluntary termination of a license if the 38.14 licensee demonstrates to the satisfaction of the board that the 38.15 licensee is not engaged in the practice of social work in any 38.16 setting except settings in which social workers are exempt from 38.17 licensure pursuant to section 148D.065. 38.18 (b) A licensee may apply for voluntary termination: 38.19 (1) at any time by submitting an application; or 38.20 (2) as an alternative to applying for the renewal of a 38.21 license by so recording on the application for license renewal 38.22 and submitting the completed, signed application to the board. 38.23 For applications submitted electronically, a "signed 38.24 application" means providing an attestation as specified by the 38.25 board. An application that is not completed and signed must be 38.26 returned to the applicant and is void. 38.27 (c) The board may resolve any pending complaints against a 38.28 licensee before approving a request for voluntary termination. 38.29 Subd. 2. [APPLICATION FOR NEW LICENSURE.] A licensee who 38.30 has voluntarily terminated a license may not reactivate the 38.31 license after one year following the date the voluntary 38.32 termination takes effect. However, a licensee who has 38.33 voluntarily terminated a license may apply for a new license 38.34 pursuant to section 148D.055. 38.35 Subd. 3. [PROHIBITION ON PRACTICE.] A licensee who has 38.36 voluntarily terminated a license must not practice, attempt to 39.1 practice, offer to practice, or advertise or hold out as 39.2 authorized to practice social work, except when the individual 39.3 is exempt from licensure pursuant to section 148D.065. 39.4 Subd. 4. [DISCIPLINARY OR OTHER ACTION.] The board may 39.5 take action pursuant to sections 148D.255 to 148D.270 against a 39.6 licensee whose license has been terminated based on conduct 39.7 occurring before the license is terminated or for practicing 39.8 social work without a license. 39.9 Sec. 23. [148D.090] [NAME; CHANGE OF NAME OR ADDRESS.] 39.10 Subdivision 1. [NAME.] A licensee must use the licensee's 39.11 legal name or a professional name. If the licensee uses a 39.12 professional name, the licensee must inform the board in writing 39.13 of both the licensee's professional name and legal name and must 39.14 comply with the requirements of this section. 39.15 Subd. 2. [LEGAL NAME CHANGE.] Within 30 days after 39.16 changing the licensee's legal name, a licensee must: 39.17 (1) request a new license wall certificate; 39.18 (2) provide legal verification of the name change; and 39.19 (3) pay the license wall certificate fee specified in 39.20 section 148D.180. 39.21 Subd. 3. [PROFESSIONAL NAME CHANGE.] Within 30 days after 39.22 changing the licensee's professional name, a licensee must: 39.23 (1) request a new license wall certificate; 39.24 (2) provide a notarized statement attesting to the name 39.25 change; and 39.26 (3) pay the license wall certificate fee specified in 39.27 section 148D.180. 39.28 Subd. 4. [ADDRESS OR TELEPHONE CHANGE.] When a licensee 39.29 changes a mailing address, home address, work address, e-mail 39.30 address, or daytime public telephone number, the licensee must 39.31 notify the board of the change electronically or in writing no 39.32 more than 30 days after the date of the change. 39.33 Sec. 24. [148D.095] [LICENSE CERTIFICATE OR CARD.] 39.34 Subdivision 1. [LICENSE WALL CERTIFICATE.] (a) The board 39.35 must issue a new license wall certificate when the board issues 39.36 a new license. No fee in addition to the applicable license fee 40.1 specified in section 148D.180 is required. 40.2 (b) The board must replace a license wall certificate when: 40.3 (1) a licensee submits an affidavit to the board that the 40.4 original license wall certificate was lost, stolen, or 40.5 destroyed; and 40.6 (2) the licensee submits the license wall certificate fee 40.7 specified in section 148D.180. 40.8 (c) The board must issue a revised license wall certificate 40.9 when: 40.10 (1) a licensee requests a revised license wall certificate 40.11 pursuant to section 148D.095; and 40.12 (2) submits the license wall certificate fee specified in 40.13 section 148D.180. 40.14 (d) The board must issue an additional license wall 40.15 certificate when: 40.16 (1) a licensee submits a written request for a new 40.17 certificate because the licensee practices in more than one 40.18 location; and 40.19 (2) the licensee submits the license wall certificate fee 40.20 specified in section 148D.180. 40.21 Subd. 2. [LICENSE CARD.] (a) The board must issue a new 40.22 license card when the board issues a new license. No fee in 40.23 addition to the applicable license fee specified in section 40.24 148D.180 is required. 40.25 (b) The board must replace a license card when a licensee 40.26 submits: 40.27 (1) an affidavit to the board that the original license 40.28 card was lost, stolen, or destroyed; and 40.29 (2) the license card fee specified in section 148D.180. 40.30 (c) The board must issue a revised license card when the 40.31 licensee submits a written request for a new license wall 40.32 certificate because of a new professional or legal name pursuant 40.33 to section 148D.090, subdivision 2 or 3. No fee in addition to 40.34 the one specified in subdivision 1, paragraph (b), is required. 40.35 Sec. 25. [148D.100] [LICENSED SOCIAL WORKERS; SUPERVISED 40.36 PRACTICE.] 41.1 Subdivision 1. [SUPERVISION REQUIRED AFTER LICENSURE.] 41.2 After receiving a license from the board as a licensed social 41.3 worker, the licensed social worker must obtain at least 75 hours 41.4 of supervision in accordance with the requirements of this 41.5 section. 41.6 Subd. 2. [PRACTICE REQUIREMENTS.] The supervision required 41.7 by subdivision 1 must be obtained during the first 4,000 hours 41.8 of postbaccalaureate social work practice authorized by law. At 41.9 least three hours of supervision must be obtained during every 41.10 160 hours of practice. 41.11 Subd. 3. [TYPES OF SUPERVISION.] (a) Thirty-seven and 41.12 one-half hours of the supervision required by subdivision 1 must 41.13 consist of one-on-one in-person supervision. 41.14 (b) Thirty-seven and one-half hours must consist of one or 41.15 more of the following types of supervision, subject to the 41.16 limitation in clause (3): 41.17 (1) one-on-one in-person supervision; 41.18 (2) in-person group supervision; or 41.19 (3) electronic supervision such as by telephone or video 41.20 conferencing, provided that electronic supervision must not 41.21 exceed 25 hours. 41.22 (c) To qualify as in-person group supervision, the group 41.23 must not exceed seven members including the supervisor. 41.24 Subd. 4. [SUPERVISOR REQUIREMENTS.] The supervision 41.25 required by subdivision 1 must be provided by a supervisor who: 41.26 (1) is a licensed social worker who has completed the 41.27 supervised practice requirements; 41.28 (2) is a licensed graduate social worker, licensed 41.29 independent social worker, or licensed independent clinical 41.30 social worker; or 41.31 (3) meets the requirements specified in section 148D.120, 41.32 subdivision 2. 41.33 Subd. 5. [SUPERVISEE REQUIREMENTS.] The supervisee must: 41.34 (1) to the satisfaction of the supervisor, practice 41.35 competently and ethically in accordance with professional social 41.36 work knowledge, skills, and values; 42.1 (2) receive supervision in the following content areas: 42.2 (i) development of professional values and 42.3 responsibilities; 42.4 (ii) practice skills; 42.5 (iii) authorized scope of practice; 42.6 (iv) ensuring continuing competence; and 42.7 (v) ethical standards of practice; 42.8 (3) submit a supervision plan in accordance with section 42.9 148D.125, subdivision 1; and 42.10 (4) if the board audits the supervisee's supervised 42.11 practice, submit verification of supervised practice in 42.12 accordance with section 148D.125, subdivision 3. 42.13 Subd. 6. [AFTER COMPLETION OF SUPERVISION REQUIREMENTS.] A 42.14 licensed social worker who fulfills the supervision requirements 42.15 specified in subdivisions 1 to 5 is not required to be 42.16 supervised after completion of the supervision requirements. 42.17 Subd. 7. [ATTESTATION.] The social worker and the social 42.18 worker's supervisor must attest that the supervisee has met or 42.19 has made progress on meeting the applicable supervision 42.20 requirements in accordance with section 148D.125, subdivision 2. 42.21 Sec. 26. [148D.105] [LICENSED GRADUATE SOCIAL WORKERS; 42.22 SUPERVISED PRACTICE.] 42.23 Subdivision 1. [SUPERVISION REQUIRED AFTER 42.24 LICENSURE.] After receiving a license from the board as a 42.25 licensed graduate social worker, a licensed graduate social 42.26 worker must obtain at least 75 hours of supervision in 42.27 accordance with the requirements of this section. 42.28 Subd. 2. [PRACTICE REQUIREMENTS.] The supervision required 42.29 by subdivision 1 must be obtained during the first 4,000 hours 42.30 of postgraduate social work practice authorized by law. At 42.31 least three hours of supervision must be obtained during every 42.32 160 hours of practice. 42.33 Subd. 3. [TYPES OF SUPERVISION.] (a) Thirty-seven and 42.34 one-half hours of the supervision required by subdivision 1 must 42.35 consist of one-on-one in-person supervision. 42.36 (b) Thirty-seven and one-half hours must consist of one or 43.1 more of the following types of supervision, subject to the 43.2 limitation in clause (3): 43.3 (1) one-on-one in-person supervision; 43.4 (2) in-person group supervision; or 43.5 (3) electronic supervision such as by telephone or video 43.6 conferencing, provided that electronic supervision must not 43.7 exceed 25 hours. 43.8 (c) To qualify as in-person group supervision, the group 43.9 must not exceed seven members including the supervisor. 43.10 Subd. 4. [SUPERVISOR REQUIREMENTS.] The supervision 43.11 required by subdivision 1 must be provided by a supervisor who 43.12 meets the requirements specified in section 148D.120. The 43.13 supervision must be provided: 43.14 (1) if the supervisee is not engaged in clinical practice, 43.15 by a (i) licensed independent social worker, (ii) licensed 43.16 graduate social worker who has completed the supervised practice 43.17 requirements, or (iii) licensed independent clinical social 43.18 worker; 43.19 (2) if the supervisee is engaged in clinical practice, by a 43.20 licensed independent clinical social worker; or 43.21 (3) by a supervisor who meets the requirements specified in 43.22 section 148D.120, subdivision 2. 43.23 Subd. 5. [SUPERVISEE REQUIREMENTS.] The supervisee must: 43.24 (1) to the satisfaction of the supervisor, practice 43.25 competently and ethically in accordance with professional social 43.26 work knowledge, skills, and values; 43.27 (2) receive supervision in the following content areas: 43.28 (i) development of professional values and 43.29 responsibilities; 43.30 (ii) practice skills; 43.31 (iii) authorized scope of practice; 43.32 (iv) ensuring continuing competence; and 43.33 (v) ethical standards of practice; 43.34 (3) submit a supervision plan in accordance with section 43.35 148D.125, subdivision 1; and 43.36 (4) verify supervised practice in accordance with section 44.1 148D.125, subdivision 3, if: 44.2 (i) the board audits the supervisee's supervised practice; 44.3 or 44.4 (ii) a licensed graduate social worker applies for a 44.5 licensed independent social worker or licensed independent 44.6 clinical social worker license. 44.7 Subd. 6. [LICENSED GRADUATE SOCIAL WORKERS WHO PRACTICE 44.8 CLINICAL SOCIAL WORK.] (a) A licensed graduate social worker 44.9 must not engage in clinical social work practice except under 44.10 supervision by a licensed independent clinical social worker or 44.11 an alternate supervisor designated pursuant to section 148D.120, 44.12 subdivision 2. 44.13 (b) Except as provided in paragraph (c), a licensed 44.14 graduate social worker must not engage in clinical social work 44.15 practice under supervision for more than 8,000 hours. In order 44.16 to practice clinical social work for more than 8,000 hours, a 44.17 licensed graduate social worker must obtain a licensed 44.18 independent clinical social worker license. 44.19 (c) Notwithstanding the requirements of paragraph (b), the 44.20 board may grant a licensed graduate social worker permission to 44.21 engage in clinical social work practice for more than 8,000 44.22 hours if the licensed graduate social worker petitions the board 44.23 and demonstrates to the board's satisfaction that for reasons of 44.24 personal hardship the licensed graduate social worker should be 44.25 granted an extension to continue practicing clinical social work 44.26 under supervision for up to an additional 2,000 hours. 44.27 (d) Upon completion of 4,000 hours of clinical social work 44.28 practice and 75 hours of supervision in accordance with the 44.29 requirements of this section, a licensed graduate social worker 44.30 is eligible to apply for a licensed independent clinical social 44.31 worker license pursuant to section 148D.115, subdivision 1. 44.32 Subd. 7. [LICENSED GRADUATE SOCIAL WORKERS WHO DO NOT 44.33 PRACTICE CLINICAL SOCIAL WORK.] A licensed graduate social 44.34 worker who fulfills the supervision requirements specified in 44.35 subdivisions 1 to 5, and who does not practice clinical social 44.36 work, is not required to be supervised after completion of the 45.1 supervision requirements. 45.2 Subd. 8. [ATTESTATION.] A social worker and the social 45.3 worker's supervisor must attest that the supervisee has met or 45.4 has made progress on meeting the applicable supervision 45.5 requirements in accordance with section 148D.125, subdivision 2. 45.6 Sec. 27. [148D.110] [LICENSED INDEPENDENT SOCIAL WORKERS; 45.7 SUPERVISED PRACTICE.] 45.8 Subdivision 1. [SUPERVISION REQUIRED BEFORE 45.9 LICENSURE.] Before becoming licensed as a licensed independent 45.10 social worker, a person must have obtained at least 75 hours of 45.11 supervision during 4,000 hours of postgraduate social work 45.12 practice authorized by law in accordance with the requirements 45.13 of section 148D.105, subdivisions 3, 4, and 5. At least three 45.14 hours of supervision must be obtained during every 160 hours of 45.15 practice. 45.16 Subd. 2. [LICENSED INDEPENDENT SOCIAL WORKERS WHO PRACTICE 45.17 CLINICAL SOCIAL WORK AFTER LICENSURE.] (a) After licensure, a 45.18 licensed independent social worker must not engage in clinical 45.19 social work practice except under supervision by a licensed 45.20 independent clinical social worker or an alternate supervisor 45.21 designated pursuant to section 148D.120, subdivision 2. 45.22 (b) Except as provided in paragraph (c), a licensed 45.23 independent social worker must not engage in clinical social 45.24 work practice under supervision for more than 8,000 hours. In 45.25 order to practice clinical social work for more than 8,000 45.26 hours, a licensed independent social worker must obtain a 45.27 licensed independent clinical social worker license. 45.28 (c) Notwithstanding the requirements of paragraph (b), the 45.29 board may grant a licensed independent social worker permission 45.30 to engage in clinical social work practice for more than 8,000 45.31 hours if the licensed independent social worker petitions the 45.32 board and demonstrates to the board's satisfaction that for 45.33 reasons of personal hardship the licensed independent social 45.34 worker should be granted an extension to continue practicing 45.35 clinical social work under supervision for up to an additional 45.36 2,000 hours. 46.1 Subd. 3. [LICENSED INDEPENDENT SOCIAL WORKERS WHO DO NOT 46.2 PRACTICE CLINICAL SOCIAL WORK AFTER LICENSURE.] After licensure, 46.3 a licensed independent social worker is not required to be 46.4 supervised if the licensed independent social worker does not 46.5 practice clinical social work. 46.6 Sec. 28. [148D.115] [LICENSED INDEPENDENT CLINICAL SOCIAL 46.7 WORKERS; SUPERVISED PRACTICE.] 46.8 Subdivision 1. [SUPERVISION REQUIRED BEFORE 46.9 LICENSURE.] Before becoming licensed as a licensed independent 46.10 clinical social worker, a person must have obtained at least 75 46.11 hours of supervision during 4,000 hours of postgraduate clinical 46.12 practice authorized by law in accordance with the requirements 46.13 of section 148D.105, subdivisions 3, 4, and 5. At least three 46.14 hours of supervision must be obtained during every 160 hours of 46.15 practice. 46.16 Subd. 2. [NO SUPERVISION REQUIRED AFTER LICENSURE.] After 46.17 licensure, a licensed independent clinical social worker is not 46.18 required to be supervised. 46.19 Sec. 29. [148D.120] [REQUIREMENTS OF SUPERVISORS.] 46.20 Subdivision 1. [SUPERVISORS LICENSED AS SOCIAL WORKERS.] 46.21 (a) Except as provided in paragraph (b), to be eligible to 46.22 provide supervision under this section, a social worker must 46.23 attest, on a form provided by the board, that he or she has met 46.24 the applicable licensure requirements specified in sections 46.25 148D.100 to 148D.115. 46.26 (b) If the board determines that supervision is not 46.27 obtainable from an individual meeting the requirements specified 46.28 in paragraph (a), the board may approve an alternate supervisor 46.29 pursuant to subdivision 2. 46.30 Subd. 2. [ALTERNATE SUPERVISORS.] (a) The board may 46.31 approve an alternate supervisor if: 46.32 (1) the board determines that supervision is not obtainable 46.33 pursuant to paragraph (b); 46.34 (2) the licensee requests in the supervision plan submitted 46.35 pursuant to section 148D.125, subdivision 1, that an alternate 46.36 supervisor conduct the supervision; 47.1 (3) the licensee describes the proposed supervision and the 47.2 name and qualifications of the proposed alternate supervisor; 47.3 and 47.4 (4) the requirements of paragraph (d) are met. 47.5 (b) The board may determine that supervision is not 47.6 obtainable if: 47.7 (1) the licensee provides documentation as an attachment to 47.8 the supervision plan submitted pursuant to section 148D.125, 47.9 subdivision 1, that the licensee has conducted a thorough search 47.10 for a supervisor meeting the applicable licensure requirements 47.11 specified in sections 148D.100 to 148D.115; 47.12 (2) the licensee demonstrates to the board's satisfaction 47.13 that the search was unsuccessful; and 47.14 (3) the licensee describes the extent of the search and the 47.15 names and locations of the persons and organizations contacted. 47.16 (c) The following are not grounds for a determination that 47.17 supervision is unobtainable: 47.18 (1) obtaining a supervisor who meets the requirements of 47.19 subdivision 1 would present the licensee with a financial 47.20 hardship; 47.21 (2) the licensee is unable to obtain a supervisor who meets 47.22 the requirements of subdivision 1 within the licensee's agency 47.23 or organization and the agency or organization will not allow 47.24 outside supervision; or 47.25 (3) the specialized nature of the licensee's practice 47.26 requires supervision from a practitioner other than an 47.27 individual licensed as a social worker. 47.28 (d) An alternate supervisor must: 47.29 (1) be an unlicensed social worker who is employed in, and 47.30 provides the supervision in, a setting exempt from licensure by 47.31 section 148D.065, and who has qualifications equivalent to the 47.32 applicable requirements specified in sections 148D.100 to 47.33 148D.115; or 47.34 (2) be a licensed marriage and family therapist or a mental 47.35 health professional as established by section 245.462, 47.36 subdivision 18, or 245.4871, subdivision 27, or an equivalent 48.1 mental health professional, as determined by the board, who is 48.2 licensed or credentialed by a state, territorial, provincial, or 48.3 foreign licensing agency. 48.4 In order to qualify to provide clinical supervision of a 48.5 licensed graduate social worker or licensed independent social 48.6 worker engaged in clinical practice, the alternate supervisor 48.7 must be a mental health professional as established by section 48.8 245.462, subdivision 18, or 245.4871, subdivision 27, or an 48.9 equivalent mental health professional, as determined by the 48.10 board, who is licensed or credentialed by a state, territorial, 48.11 provincial, or foreign licensing agency. 48.12 Sec. 30. [148D.125] [DOCUMENTATION OF SUPERVISION.] 48.13 Subdivision 1. [SUPERVISION PLAN.] (a) A social worker 48.14 must submit, on a form provided by the board, a supervision plan 48.15 for meeting the supervision requirements specified in sections 48.16 148D.100 to 148D.120. 48.17 (b) The supervision plan must be submitted no later than 90 48.18 days after the licensee begins a social work practice position 48.19 after becoming licensed. 48.20 (c) For failure to submit the supervision plan within 90 48.21 days after beginning a social work practice position, a licensee 48.22 must pay the supervision plan late fee specified in section 48.23 148D.180 when the licensee applies for license renewal. 48.24 (d) A license renewal application submitted pursuant to 48.25 paragraph (a) must not be approved unless the board has received 48.26 a supervision plan. 48.27 (e) The supervision plan must include the following: 48.28 (1) the name of the supervisee, the name of the agency in 48.29 which the supervisee is being supervised, and the supervisee's 48.30 position title; 48.31 (2) the name and qualifications of the person providing the 48.32 supervision; 48.33 (3) the number of hours of one-on-one in-person supervision 48.34 and the number and type of additional hours of supervision to be 48.35 completed by the supervisee; 48.36 (4) the supervisee's position description; 49.1 (5) a brief description of the supervision the supervisee 49.2 will receive in the following content areas: 49.3 (i) clinical practice, if applicable; 49.4 (ii) development of professional social work knowledge, 49.5 skills, and values; 49.6 (iii) practice methods; 49.7 (iv) authorized scope of practice; 49.8 (v) ensuring continuing competence; and 49.9 (vi) ethical standards of practice; and 49.10 (6) if applicable, a detailed description of the 49.11 supervisee's clinical social work practice, addressing: 49.12 (i) the client population, the range of presenting issues, 49.13 and the diagnoses; 49.14 (ii) the clinical modalities that were utilized; and 49.15 (iii) the process utilized for determining clinical 49.16 diagnoses, including the diagnostic instruments used and the 49.17 role of the supervisee in the diagnostic process. 49.18 (f) The board must receive a revised supervision plan 49.19 within 90 days of any of the following changes: 49.20 (1) the supervisee has a new supervisor; 49.21 (2) the supervisee begins a new social work position; 49.22 (3) the scope or content of the supervisee's social work 49.23 practice changes substantially; 49.24 (4) the number of practice or supervision hours changes 49.25 substantially; or 49.26 (5) the type of supervision changes as supervision is 49.27 described in section 148D.100, subdivision 3, or 148D.105, 49.28 subdivision 3, or as required in section 148D.115, subdivision 4. 49.29 (g) For failure to submit a revised supervised plan as 49.30 required in paragraph (f), a supervisee must pay the supervision 49.31 plan late fee specified in section 148D.180, when the supervisee 49.32 applies for license renewal. 49.33 (h) The board must approve the supervisor and the 49.34 supervision plan. 49.35 Subd. 2. [ATTESTATION.] (a) When a supervisee submits 49.36 renewal application materials to the board, the supervisee and 50.1 supervisor must submit an attestation providing the following 50.2 information on a form provided by the board: 50.3 (1) the name of the supervisee, the name of the agency in 50.4 which the supervisee is being supervised, and the supervisee's 50.5 position title; 50.6 (2) the name and qualifications of the supervisor; 50.7 (3) the number of hours and dates of each type of 50.8 supervision completed; 50.9 (4) the supervisee's position description; 50.10 (5) a declaration that the supervisee has not engaged in 50.11 conduct in violation of the standards of practice specified in 50.12 sections 148D.195 to 148D.240; 50.13 (6) a declaration that the supervisee has practiced 50.14 competently and ethically in accordance with professional social 50.15 work knowledge, skills, and values; and 50.16 (7) a list of the content areas in which the supervisee has 50.17 received supervision, including the following: 50.18 (i) clinical practice, if applicable; 50.19 (ii) development of professional social work knowledge, 50.20 skills, and values; 50.21 (iii) practice methods; 50.22 (iv) authorized scope of practice; 50.23 (v) ensuring continuing competence; and 50.24 (vi) ethical standards of practice. 50.25 (b) The information provided on the attestation form must 50.26 demonstrate to the board's satisfaction that the supervisee has 50.27 met or has made progress on meeting the applicable supervised 50.28 practice requirements. 50.29 Subd. 3. [VERIFICATION OF SUPERVISED PRACTICE.] (a) In 50.30 addition to receiving the attestation required pursuant to 50.31 subdivision 2, the board must receive verification of supervised 50.32 practice if: 50.33 (1) the board audits the supervision of a supervisee 50.34 pursuant to section 148D.070, subdivision 3; or 50.35 (2) an applicant applies for a license as a licensed 50.36 independent social worker or as a licensed independent clinical 51.1 social worker. 51.2 (b) When verification of supervised practice is required 51.3 pursuant to paragraph (a), the board must receive from the 51.4 supervisor the following information on a form provided by the 51.5 board: 51.6 (1) the name of the supervisee, the name of the agency in 51.7 which the supervisee is being supervised, and the supervisee's 51.8 position title; 51.9 (2) the name and qualifications of the supervisor; 51.10 (3) the number of hours and dates of each type of 51.11 supervision completed; 51.12 (4) the supervisee's position description; 51.13 (5) a declaration that the supervisee has not engaged in 51.14 conduct in violation of the standards of practice specified in 51.15 sections 148D.195 to 148D.240; 51.16 (6) a declaration that the supervisee has practiced 51.17 ethically and competently in accordance with professional social 51.18 work knowledge, skills, and values; 51.19 (7) a list of the content areas in which the supervisee has 51.20 received supervision, including the following: 51.21 (i) clinical practice, if applicable; 51.22 (ii) development of professional social work knowledge, 51.23 skills, and values; 51.24 (iii) practice methods; 51.25 (iv) authorized scope of practice; 51.26 (v) ensuring continuing competence; and 51.27 (vi) ethical standards of practice; and 51.28 (8) if applicable, a detailed description of the 51.29 supervisee's clinical social work practice, addressing: 51.30 (i) the client population, the range of presenting issues, 51.31 and the diagnoses; 51.32 (ii) the clinical modalities that were utilized; and 51.33 (iii) the process utilized for determining clinical 51.34 diagnoses, including the diagnostic instruments used and the 51.35 role of the supervisee in the diagnostic process. 51.36 (c) The information provided on the verification form must 52.1 demonstrate to the board's satisfaction that the supervisee has 52.2 met the applicable supervised practice requirements. 52.3 Subd. 4. [ALTERNATIVE VERIFICATION OF SUPERVISED 52.4 PRACTICE.] Notwithstanding the requirements of subdivision 3, 52.5 the board may accept alternative verification of supervised 52.6 practice if a supervisee demonstrates to the satisfaction of the 52.7 board that the supervisee is unable to locate a former 52.8 supervisor to provide the required information. 52.9 Sec. 31. [148D.130] [CLOCK HOURS REQUIRED.] 52.10 Subdivision 1. [TOTAL CLOCK HOURS REQUIRED.] At the time 52.11 of license renewal, a licensee must provide evidence 52.12 satisfactory to the board that the licensee has, during the 52.13 renewal term, completed at least 30 clock hours of continuing 52.14 education. 52.15 Subd. 2. [ETHICS REQUIREMENT.] At least two of the clock 52.16 hours required under subdivision 1 must be in social work ethics. 52.17 Subd. 3. [INDEPENDENT STUDY.] Independent study must not 52.18 consist of more than ten clock hours of continuing education per 52.19 renewal term. Independent study must be for publication, public 52.20 presentation, or professional development. Independent study 52.21 includes, but is not limited to, electronic study. 52.22 Subd. 4. [COURSEWORK.] One credit of coursework in a 52.23 semester-based academic institution is the equivalent of 15 52.24 clock hours. 52.25 Subd. 5. [PRORATED RENEWAL TERM.] If the licensee's 52.26 renewal term is prorated to be less or more than 24 months, the 52.27 required number of continuing education clock hours is prorated 52.28 proportionately. 52.29 Sec. 32. [148D.135] [APPROVAL OF CLOCK HOURS.] 52.30 Subdivision 1. [WAYS OF APPROVING CLOCK HOURS.] The clock 52.31 hours required under section 148D.130 must be approved in one or 52.32 more of the following ways: 52.33 (1) the hours must be offered by a continuing education 52.34 provider approved by the board; 52.35 (2) the hours must be offered by a continuing education 52.36 provider approved by the Association of Social Work Boards or a 53.1 similar examination body designated by the board; 53.2 (3) the hours must be earned through a continuing education 53.3 program approved by the National Association of Social Workers; 53.4 or 53.5 (4) the hours must be earned through a continuing education 53.6 program approved by the board. 53.7 Subd. 2. [PREAPPROVAL NOT REQUIRED.] Providers and 53.8 programs are not required to be preapproved but must meet the 53.9 requirements specified in this section. 53.10 Sec. 33. [148D.140] [VARIANCES.] 53.11 The board may grant a variance to the continuing education 53.12 requirements specified in section 148D.130, when a licensee 53.13 demonstrates to the satisfaction of the board that the licensee 53.14 is unable to complete the required number of clock hours during 53.15 the renewal term. The board may allow a licensee to complete 53.16 the required number of clock hours within a time frame specified 53.17 by the board. The board must not allow a licensee to complete 53.18 less than the required number of clock hours. 53.19 Sec. 34. [148D.145] [CONTINUING EDUCATION PROVIDERS 53.20 APPROVED BY THE BOARD.] 53.21 Subdivision 1. [BOARD APPROVAL.] (a) The board must 53.22 approve a continuing education provider who: 53.23 (1) submits a completed application to the board which 53.24 provides the information required by subdivision 2 and which 53.25 meets the criteria specified in subdivision 3; and 53.26 (2) pays the provider fee specified in section 148D.180. 53.27 (b) An approval is valid for programs offered no later than 53.28 one year from the date the application is approved by the board. 53.29 Subd. 2. [INFORMATION REQUIRED.] The information that must 53.30 be provided to the board includes, but is not limited to, the 53.31 following: 53.32 (1) the name of the continuing education provider; 53.33 (2) the address, telephone number, and e-mail address of a 53.34 contact person for the provider; 53.35 (3) a signed statement that indicates the provider 53.36 understands and agrees to abide by the criteria specified in 54.1 subdivision 3; and 54.2 (4) a signed statement that indicates the provider agrees 54.3 to furnish a certificate of attendance to each participant in a 54.4 program offered by the provider. 54.5 Subd. 3. [CRITERIA FOR PROGRAMS OFFERED BY CONTINUING 54.6 EDUCATION PROVIDERS.] (a) A continuing education provider must 54.7 employ the following criteria in determining whether to offer a 54.8 continuing education program: 54.9 (1) whether the material to be presented will promote the 54.10 standards of practice described in sections 148D.195 to 54.11 148D.240; 54.12 (2) whether the material to be presented will contribute to 54.13 the practice of social work as defined in section 148D.010; 54.14 (3) whether the material to be presented is intended for 54.15 the benefit of practicing social workers; and 54.16 (4) whether the persons presenting the program are 54.17 qualified in the subject matter being presented. 54.18 (b) The material presented must not be primarily procedural 54.19 or primarily oriented towards business practices or 54.20 self-development. 54.21 Subd. 4. [AUDITS.] (a) The board may audit programs 54.22 offered by a continuing education provider approved by the board 54.23 to determine compliance with the requirements of this section. 54.24 (b) A continuing education provider audited by the board 54.25 must provide the documentation specified in subdivision 5. 54.26 Subd. 5. [INFORMATION REQUIRED TO BE MAINTAINED BY 54.27 CONTINUING EDUCATION PROVIDERS.] For three years following the 54.28 end of each program offered by a continuing education provider, 54.29 the provider must maintain the following information: 54.30 (1) the title of the program; 54.31 (2) a description of the content and objectives of the 54.32 program; 54.33 (3) the date of the program; 54.34 (4) the number of clock hours credited for participation in 54.35 the program; 54.36 (5) the program location; 55.1 (6) the names and qualifications of the primary presenters; 55.2 (7) a description of the primary audience the program was 55.3 designed for; and 55.4 (8) a list of the participants in the program. 55.5 Sec. 35. [148D.150] [CONTINUING EDUCATION PROVIDERS 55.6 APPROVED BY THE ASSOCIATION OF SOCIAL WORK BOARDS.] 55.7 In order to receive credit for a program offered by a 55.8 continuing education provider approved by the Association of 55.9 Social Work Boards or a similar examination body designated by 55.10 the board, the provider must be listed on the Association of 55.11 Social Work Boards Web site as a provider currently approved by 55.12 the Association of Social Work Boards or a similar examination 55.13 body designated by the board. 55.14 Sec. 36. [148D.155] [CONTINUING EDUCATION PROGRAMS 55.15 APPROVED BY THE NATIONAL ASSOCIATION OF SOCIAL WORKERS.] 55.16 In order to receive credit for a program approved by the 55.17 National Association of Social Workers, the program must be 55.18 listed on the National Association of Social Workers Web site as 55.19 a program currently approved by the National Association of 55.20 Social Workers. 55.21 Sec. 37. [148D.160] [CONTINUING EDUCATION PROGRAMS 55.22 APPROVED BY THE BOARD.] 55.23 Subdivision 1. [REQUIRED PROGRAM CONTENT.] In order to be 55.24 approved by the board, a continuing education program must: 55.25 (1) promote the standards of practice described in sections 55.26 148D.195 to 148D.240; 55.27 (2) contribute to the practice of social work as defined in 55.28 section 148D.010; and 55.29 (3) not be primarily procedural or be primarily oriented 55.30 towards business practices or self-development. 55.31 Subd. 2. [TYPES OF CONTINUING EDUCATION PROGRAMS.] In 55.32 order to be approved by the board, a continuing education 55.33 program must be one of the following: academic coursework 55.34 offered by an institution of higher learning; educational 55.35 workshops, seminars, or conferences offered by an organization 55.36 or individual; staff training offered by a public or private 56.1 employer; or independent study. 56.2 Sec. 38. [148D.165] [CONTINUING EDUCATION REQUIREMENTS OF 56.3 LICENSEES.] 56.4 Subdivision 1. [INFORMATION REQUIRED TO BE MAINTAINED BY 56.5 LICENSEES.] For one year following the expiration date of a 56.6 license, the licensee must maintain documentation of clock hours 56.7 earned during the previous renewal term. The documentation must 56.8 include the following: 56.9 (1) for educational workshops or seminars offered by an 56.10 organization or at a conference, a copy of the certificate of 56.11 attendance issued by the presenter or sponsor giving the 56.12 following information: 56.13 (i) the name of the sponsor or presenter of the program; 56.14 (ii) the title of the workshop or seminar; 56.15 (iii) the dates the licensee participated in the program; 56.16 and 56.17 (iv) the number of clock hours completed; 56.18 (2) for academic coursework offered by an institution of 56.19 higher learning, a copy of a transcript giving the following 56.20 information: 56.21 (i) the name of the institution offering the course; 56.22 (ii) the title of the course; 56.23 (iii) the dates the licensee participated in the course; 56.24 and 56.25 (iv) the number of credits completed; 56.26 (3) for staff training offered by public or private 56.27 employers, a copy of the certificate of attendance issued by the 56.28 employer giving the following information: 56.29 (i) the name of the employer; 56.30 (ii) the title of the staff training; 56.31 (iii) the dates the licensee participated in the program; 56.32 and 56.33 (iv) the number of clock hours completed; and 56.34 (4) for independent study, including electronic study, a 56.35 written summary of the study conducted, including the following 56.36 information: 57.1 (i) the topics studied; 57.2 (ii) a description of the applicability of the study to the 57.3 licensee's authorized scope of practice; 57.4 (iii) the titles and authors of books and articles 57.5 consulted or the name of the organization offering the study; 57.6 (iv) the dates the licensee conducted the study; and 57.7 (v) the number of clock hours the licensee conducted the 57.8 study. 57.9 Subd. 2. [AUDITS.] The board may audit license renewal and 57.10 reactivation applications to determine compliance with the 57.11 requirements of sections 148D.130 to 148D.170. A licensee 57.12 audited by the board must provide the documentation specified in 57.13 subdivision 1 regardless of whether the provider or program has 57.14 been approved by the board, the Association of Social Work 57.15 Boards, or a similar examination body designated by the board, 57.16 or the National Association of Social Workers. 57.17 Sec. 39. [148D.170] [REVOCATION OF CONTINUING EDUCATION 57.18 APPROVALS.] 57.19 The board may revoke approval of a provider or of a program 57.20 offered by a provider, or of an individual program approved by 57.21 the board, if the board determines subsequent to the approval 57.22 that the provider or program failed to meet the requirements of 57.23 sections 148D.130 to 148D.170. 57.24 Sec. 40. [148D.175] [FEES.] 57.25 The fees specified in section 148D.180 are nonrefundable 57.26 and must be deposited in the state government special revenue 57.27 fund. 57.28 Sec. 41. [148D.180] [FEE AMOUNTS.] 57.29 Subdivision 1. [APPLICATION FEES.] Application fees for 57.30 licensure are as follows: 57.31 (1) for a licensed social worker, $45; 57.32 (2) for a licensed graduate social worker, $45; 57.33 (3) for a licensed independent social worker, $90; 57.34 (4) for a licensed independent clinical social worker, $90; 57.35 (5) for a temporary license, $50; and 57.36 (6) for a licensure by endorsement, $150. 58.1 The fee for criminal background checks is the fee charged 58.2 by the Bureau of Criminal Apprehension. The criminal background 58.3 check fee must be included with the application fee as required 58.4 pursuant to section 148D.055. 58.5 Subd. 2. [LICENSE FEES.] License fees are as follows: 58.6 (1) for a licensed social worker, $115.20; 58.7 (2) for a licensed graduate social worker, $201.60; 58.8 (3) for a licensed independent social worker, $302.40; 58.9 (4) for a licensed independent clinical social worker, 58.10 $331.20; 58.11 (5) for an emeritus license, $43.20; and 58.12 (6) for a temporary leave fee, the same as the renewal fee 58.13 specified in subdivision 3. 58.14 If the licensee's initial license term is less or more than 58.15 24 months, the required license fees must be prorated 58.16 proportionately. 58.17 Subd. 3. [RENEWAL FEES.] Renewal fees for licensure are as 58.18 follows: 58.19 (1) for a licensed social worker, $115.20; 58.20 (2) for a licensed graduate social worker, $201.60; 58.21 (3) for a licensed independent social worker, $302.40; and 58.22 (4) for a licensed independent clinical social worker, 58.23 $331.20. 58.24 Subd. 4. [CONTINUING EDUCATION PROVIDER FEES.] Continuing 58.25 education provider fees are as follows: 58.26 (1) for a provider who offers programs totaling one to 58.27 eight clock hours in a one-year period pursuant to section 58.28 148D.145, $50; 58.29 (2) for a provider who offers programs totaling nine to 16 58.30 clock hours in a one-year period pursuant to section 148D.145, 58.31 $100; 58.32 (3) for a provider who offers programs totaling 17 to 32 58.33 clock hours in a one-year period pursuant to section 148D.145, 58.34 $200; 58.35 (4) for a provider who offers programs totaling 33 to 48 58.36 clock hours in a one-year period pursuant to section 148D.145, 59.1 $400; and 59.2 (5) for a provider who offers programs totaling 49 or more 59.3 clock hours in a one-year period pursuant to section 148D.145, 59.4 $600. 59.5 Subd. 5. [LATE FEES.] Late fees are as follows: 59.6 (1) renewal late fee, one-half of the renewal fee specified 59.7 in subdivision 3; and 59.8 (2) supervision plan late fee, $40. 59.9 Subd. 6. [LICENSE CARDS AND WALL CERTIFICATES.] (a) The 59.10 fee for a license card as specified in section 148D.095 is $10. 59.11 (b) The fee for a license wall certificate as specified in 59.12 section 148D.095 is $30. 59.13 Subd. 7. [REACTIVATION FEES.] Reactivation fees are as 59.14 follows: 59.15 (1) reactivation from a temporary leave or emeritus status, 59.16 the prorated share of the renewal fee specified in subdivision 59.17 3; and 59.18 (2) reactivation of an expired license, 1-1/2 times the 59.19 renewal fees specified in subdivision 3. 59.20 Sec. 42. [148D.185] [PURPOSE OF COMPLIANCE LAWS.] 59.21 The purpose of sections 148D.185 to 148D.290 is to protect 59.22 the public by ensuring that all persons licensed as social 59.23 workers meet minimum standards of practice. The board shall 59.24 promptly and fairly investigate and resolve all complaints 59.25 alleging violations of statutes and rules that the board is 59.26 empowered to enforce and (1) take appropriate disciplinary 59.27 action, adversarial action, or other action justified by the 59.28 facts, or (2) enter into corrective action agreements or 59.29 stipulations to cease practice, when doing so is consistent with 59.30 the board's obligation to protect the public. 59.31 Sec. 43. [148D.190] [GROUNDS FOR ACTION.] 59.32 Subdivision 1. [SCOPE.] The grounds for action in 59.33 subdivisions 2 to 4 and the standards of practice requirements 59.34 in sections 148D.195 to 148D.240 apply to all licensees and 59.35 applicants. 59.36 Subd. 2. [VIOLATIONS.] The board has grounds to take 60.1 action pursuant to sections 148D.255 to 148D.270 when a social 60.2 worker violates: 60.3 (1) a statute or rule enforced by the board, including this 60.4 section and sections 148D.195 to 148D.240; 60.5 (2) a federal or state law or rule related to the practice 60.6 of social work; or 60.7 (3) an order, stipulation, or agreement agreed to or issued 60.8 by the board. 60.9 Subd. 3. [CONDUCT BEFORE LICENSURE.] A violation of the 60.10 requirements specified in this section and sections 148D.195 to 60.11 148D.240 is grounds for the board to take action under sections 60.12 148D.255 to 148D.270. The board's jurisdiction to exercise the 60.13 powers provided in this section extends to an applicant or 60.14 licensee's conduct that occurred before licensure if: 60.15 (1) the conduct did not meet the minimum accepted and 60.16 prevailing standards of professional social work practice at the 60.17 time the conduct occurred; or 60.18 (2) the conduct adversely affects the applicant or 60.19 licensee's present ability to practice social work in conformity 60.20 with the requirements of sections 148D.195 to 148D.240. 60.21 Subd. 4. [UNAUTHORIZED PRACTICE.] The board has grounds to 60.22 take action pursuant to sections 148D.255 to 148D.270 when a 60.23 social worker: 60.24 (1) practices outside the scope of practice authorized by 60.25 section 148D.050; 60.26 (2) engages in the practice of social work without a social 60.27 work license under section 148D.055 or 148D.060, except when the 60.28 social worker is exempt from licensure pursuant to section 60.29 148D.065; 60.30 (3) provides social work services to a client who receives 60.31 social work services in this state, and is not licensed pursuant 60.32 to section 148D.055 or 148D.060, except when the social worker 60.33 is exempt from licensure pursuant to section 148D.065. 60.34 Sec. 44. [148D.195] [REPRESENTATIONS TO CLIENTS AND 60.35 PUBLIC.] 60.36 Subdivision 1. [REQUIRED DISPLAYS AND INFORMATION FOR 61.1 CLIENTS.] (a) A social worker must conspicuously display at the 61.2 social worker's places of practice, or make available as a 61.3 handout for all clients, information that the client has the 61.4 right to the following: 61.5 (1) to be informed of the social worker's license status, 61.6 education, training, and experience; 61.7 (2) to examine public data on the social worker maintained 61.8 by the board; 61.9 (3) to report a complaint about the social worker's 61.10 practice to the board; and 61.11 (4) to be informed of the board's mailing address, e-mail 61.12 address, Web site address, and telephone number. 61.13 (b) A social worker must conspicuously display the social 61.14 worker's wall certificate at the social worker's places of 61.15 practice and office locations. Additional wall certificates may 61.16 be requested pursuant to section 148D.095. 61.17 Subd. 2. [REPRESENTATIONS.] (a) No applicant or other 61.18 individual may be represented to the public by any title 61.19 incorporating the words "social work" or "social worker" unless 61.20 the individual holds a license pursuant to sections 148D.055 and 61.21 148D.060 or practices in a setting exempt from licensure 61.22 pursuant to section 148D.065. 61.23 (b) In all professional use of a social worker's name, the 61.24 social worker must use the license designation "LSW" or 61.25 "licensed social worker" for a licensed social worker, "LGSW" or 61.26 "licensed graduate social worker" for a licensed graduate social 61.27 worker, "LISW" or "licensed independent social worker" for a 61.28 licensed independent social worker, or "LICSW" or "licensed 61.29 independent clinical social worker" for a licensed independent 61.30 clinical social worker. 61.31 (c) Public statements or advertisements must not be 61.32 untruthful, misleading, false, fraudulent, deceptive, or 61.33 potentially exploitative of clients, former clients, interns, 61.34 students, supervisees, or the public. 61.35 (d) A social worker must not: 61.36 (1) use licensure status as a claim, promise, or guarantee 62.1 of successful service; 62.2 (2) obtain a license by cheating or employing fraud or 62.3 deception; 62.4 (3) make false statements or misrepresentations to the 62.5 board or in materials submitted to the board; or 62.6 (4) engage in conduct that has the potential to deceive or 62.7 defraud a social work client, intern, student, supervisee, or 62.8 the public. 62.9 Subd. 3. [INFORMATION ON CREDENTIALS.] (a) A social worker 62.10 must provide accurate and factual information concerning the 62.11 social worker's credentials, education, training, and experience 62.12 when the information is requested by clients, potential clients, 62.13 or other persons or organizations. 62.14 (b) A social worker must not misrepresent directly or by 62.15 implication the social worker's license, degree, professional 62.16 certifications, affiliations, or other professional 62.17 qualifications in any oral or written communications to clients, 62.18 potential clients, or other persons or organizations. A social 62.19 worker must take reasonable steps to prevent such 62.20 misrepresentations by other social workers. 62.21 (c) A social worker must not hold out as a person licensed 62.22 as a social worker without having a social work license pursuant 62.23 to sections 148D.055 and 148D.060. 62.24 (d) A social worker must not misrepresent directly or by 62.25 implication (1) affiliations with institutions or organizations, 62.26 or (2) purposes or characteristics of institutions or 62.27 organizations with which the social worker is or has been 62.28 affiliated. 62.29 Sec. 45. [148D.200] [COMPETENCE.] 62.30 Subdivision 1. [COMPETENCE.] (a) A social worker must 62.31 provide services and hold out as competent only to the extent 62.32 the social worker's education, training, license, consultation 62.33 received, supervision experience, or other relevant professional 62.34 experience demonstrate competence in the services provided. A 62.35 social worker must make a referral to a competent professional 62.36 when the services required are beyond the social worker's 63.1 competence or authorized scope of practice. 63.2 (b) When generally recognized standards do not exist with 63.3 respect to an emerging area of practice, including but not 63.4 limited to providing social work services through electronic 63.5 means, a social worker must take the steps necessary, such as 63.6 consultation or supervision, to ensure the competence of the 63.7 social worker's work and to protect clients from harm. 63.8 Subd. 2. [SUPERVISION OR CONSULTATION.] Notwithstanding 63.9 the completion of supervision requirements as specified in 63.10 sections 148D.100 to 148D.125, a social worker must obtain 63.11 supervision or engage in consultation when appropriate or 63.12 necessary for competent and ethical practice. 63.13 Subd. 3. [DELEGATION OF SOCIAL WORK RESPONSIBILITIES.] (a) 63.14 A social worker must not delegate a social work responsibility 63.15 to another individual when the social worker knows or reasonably 63.16 should know that the individual is not licensed when required to 63.17 be licensed pursuant to sections 148D.055 and 148D.060. 63.18 (b) A social worker must not delegate a social work 63.19 responsibility to another individual when the social worker 63.20 knows or reasonably should know that the individual is not 63.21 competent to assume the responsibility or perform the task. 63.22 Sec. 46. [148D.205] [IMPAIRMENT.] 63.23 Subdivision 1. [GROUNDS FOR ACTION.] The board has grounds 63.24 to take action under sections 148D.255 to 148D.270 when a social 63.25 worker is unable to practice with reasonable skill and safety by 63.26 reason of illness, use of alcohol, drugs, chemicals, or any 63.27 other materials, or as a result of any mental, physical, or 63.28 psychological condition. 63.29 Subd. 2. [SELF-REPORTING.] A social worker regulated by 63.30 the board who is unable to practice with reasonable skill and 63.31 safety by reason of illness, use of alcohol, drugs, chemicals, 63.32 or any other materials, or as a result of any mental, physical, 63.33 or psychological condition, must report to the board or the 63.34 health professionals services program. 63.35 Sec. 47. [148D.210] [PROFESSIONAL AND ETHICAL CONDUCT.] 63.36 The board has grounds to take action under sections 64.1 148D.255 to 148D.270 when a social worker: 64.2 (1) engages in unprofessional or unethical conduct, 64.3 including any departure from or failure to conform to the 64.4 minimum accepted ethical and other prevailing standards of 64.5 professional social work practice, without actual injury to a 64.6 social work client, intern, student, supervisee or the public 64.7 needing to be established; 64.8 (2) engages in conduct that has the potential to cause harm 64.9 to a client, intern, student, supervisee, or the public; 64.10 (3) demonstrates a willful or careless disregard for the 64.11 health, welfare, or safety of a client, intern, student, or 64.12 supervisee; or 64.13 (4) engages in acts or conduct adversely affecting the 64.14 applicant or licensee's current ability or fitness to engage in 64.15 social work practice, whether or not the acts or conduct 64.16 occurred while engaged in the practice of social work. 64.17 Sec. 48. [148D.215] [RESPONSIBILITIES TO CLIENTS.] 64.18 Subdivision 1. [RESPONSIBILITY TO CLIENTS.] A social 64.19 worker's primary professional responsibility is to the client. 64.20 A social worker must respect the client's interests, including 64.21 the interest in self-determination, except when required to do 64.22 otherwise by law. 64.23 Subd. 2. [NONDISCRIMINATION.] A social worker must not 64.24 discriminate against a client, intern, student, or supervisee or 64.25 in providing services to a client, intern, or supervisee on the 64.26 basis of age, gender, sexual orientation, race, color, national 64.27 origin, religion, illness, disability, political affiliation, or 64.28 social or economic status. 64.29 Subd. 3. [RESEARCH.] When undertaking research activities, 64.30 a social worker must use accepted protocols for the protection 64.31 of human subjects, including (1) establishing appropriate 64.32 safeguards to protect the subject's vulnerability, and (2) 64.33 obtaining the subjects' informed consent. 64.34 Sec. 49. [148D.220] [RELATIONSHIPS WITH CLIENTS, FORMER 64.35 CLIENTS, AND OTHER INDIVIDUALS.] 64.36 Subdivision 1. [SOCIAL WORKER RESPONSIBILITY.] (a) A 65.1 social worker is responsible for acting professionally in 65.2 relationships with clients or former clients. A client or a 65.3 former client's initiation of, or attempt to engage in, or 65.4 request to engage in, a personal, sexual, or business 65.5 relationship is not a defense to a violation of this section. 65.6 (b) When a relationship is permitted by this section, 65.7 social workers who engage in such a relationship assume the full 65.8 burden of demonstrating that the relationship will not be 65.9 detrimental to the client or the professional relationship. 65.10 Subd. 2. [PROFESSIONAL BOUNDARIES.] A social worker must 65.11 maintain appropriate professional boundaries with a client. A 65.12 social worker must not engage in practices with clients that 65.13 create an unacceptable risk of client harm or of impairing a 65.14 social worker's objectivity or professional judgment. A social 65.15 worker must not act or fail to act in a way that, as judged by a 65.16 reasonable and prudent social worker, inappropriately encourages 65.17 the client to relate to the social worker outside of the 65.18 boundaries of the professional relationship, or in a way that 65.19 interferes with the client's ability to benefit from social work 65.20 services from the social worker. 65.21 Subd. 3. [MISUSE OF PROFESSIONAL RELATIONSHIP.] A social 65.22 worker must not use the professional relationship with a client, 65.23 student, supervisee, or intern to further the social worker's 65.24 personal, emotional, financial, sexual, religious, political, or 65.25 business benefit or interests. 65.26 Subd. 4. [IMPROPER TERMINATION.] A social worker must not 65.27 terminate a professional relationship for the purpose of 65.28 beginning a personal, sexual, or business relationship with a 65.29 client. 65.30 Subd. 5. [PERSONAL RELATIONSHIP WITH A CLIENT.] (a) Except 65.31 as provided in paragraph (b), a social worker must not engage in 65.32 a personal relationship with a client that creates a risk of 65.33 client harm or of impairing a social worker's objectivity or 65.34 professional judgment. 65.35 (b) Notwithstanding paragraph (a), if a social worker is 65.36 unable to avoid a personal relationship with a client, the 66.1 social worker must take appropriate precautions, such as 66.2 consultation or supervision, to address the potential for risk 66.3 of client harm or of impairing a social worker's objectivity or 66.4 professional judgment. 66.5 Subd. 6. [PERSONAL RELATIONSHIP WITH A FORMER CLIENT.] A 66.6 social worker may engage in a personal relationship with a 66.7 former client after appropriate termination of the professional 66.8 relationship, except: 66.9 (1) as prohibited by subdivision 8; or 66.10 (2) if a reasonable and prudent social worker would 66.11 conclude after appropriate assessment that (i) the former client 66.12 is emotionally dependent on the social worker or continues to 66.13 relate to the social worker as a client, or (ii) the social 66.14 worker is emotionally dependent on the client or continues to 66.15 relate to the former client as a social worker. 66.16 Subd. 7. [SEXUAL CONDUCT WITH A CLIENT.] A social worker 66.17 must not engage in or suggest sexual conduct with a client. 66.18 Subd. 8. [SEXUAL CONDUCT WITH A FORMER CLIENT.] (a) A 66.19 social worker who has engaged in diagnosing, counseling, or 66.20 treating a client with mental, emotional, or behavioral 66.21 disorders must not engage in or suggest sexual conduct with the 66.22 former client under any circumstances unless: 66.23 (1) the social worker did not intentionally or 66.24 unintentionally coerce, exploit, deceive, or manipulate the 66.25 former client at any time; 66.26 (2) the social worker did not represent to the former 66.27 client that sexual conduct with the social worker is consistent 66.28 with or part of the client's treatment; 66.29 (3) the social worker's sexual conduct was not detrimental 66.30 to the former client at any time; 66.31 (4) the former client is not emotionally dependent on the 66.32 social worker and does not continue to relate to the social 66.33 worker as a client; and 66.34 (5) the social worker is not emotionally dependent on the 66.35 client and does not continue to relate to the former client as a 66.36 social worker. 67.1 (b) If there is an alleged violation of paragraph (a), the 67.2 social worker assumes the full burden of demonstrating to the 67.3 board that the social worker did not intentionally or 67.4 unintentionally coerce, exploit, deceive, or manipulate the 67.5 client, and the social worker's sexual conduct was not 67.6 detrimental to the client at any time. Upon request, a social 67.7 worker must provide information to the board addressing: 67.8 (1) the amount of time that has passed since termination of 67.9 services; 67.10 (2) the duration, intensity, and nature of services; 67.11 (3) the circumstances of termination of services; 67.12 (4) the former client's emotional, mental, and behavioral 67.13 history; 67.14 (5) the former client's current emotional, mental, and 67.15 behavioral status; 67.16 (6) the likelihood of adverse impact on the former client; 67.17 and 67.18 (7) the existence of actions, conduct, or statements made 67.19 by the social worker during the course of services suggesting or 67.20 inviting the possibility of a sexual relationship with the 67.21 client following termination of services. 67.22 (c) A social worker who has provided social work services 67.23 other than those described in paragraph (a) to a client must not 67.24 engage in or suggest sexual conduct with the former client if a 67.25 reasonable and prudent social worker would conclude after 67.26 appropriate assessment that engaging in such behavior with the 67.27 former client would create an unacceptable risk of harm to the 67.28 former client. 67.29 Subd. 9. [SEXUAL CONDUCT WITH A STUDENT, SUPERVISEE, OR 67.30 INTERN.] (a) A social worker must not engage in or suggest 67.31 sexual conduct with a student while the social worker has 67.32 authority over any part of the student's academic program. 67.33 (b) A social worker supervising an intern must not engage 67.34 in or suggest sexual conduct with the intern during the course 67.35 of the internship. 67.36 (c) A social worker practicing social work as a supervisor 68.1 must not engage in or suggest sexual conduct with a supervisee 68.2 during the period of supervision. 68.3 Subd. 10. [SEXUAL HARASSMENT.] A social worker must not 68.4 engage in any physical, oral, written, or electronic behavior 68.5 that a client, former client, student, supervisee, or intern may 68.6 reasonably interpret as sexually harassing or sexually demeaning. 68.7 Subd. 11. [BUSINESS RELATIONSHIP WITH A CLIENT.] A social 68.8 worker must not purchase goods or services from a client or 68.9 otherwise engage in a business relationship with a client except 68.10 when: 68.11 (1) a social worker purchases goods or services from the 68.12 client and a reasonable and prudent social worker would 68.13 determine that it is not practical or reasonable to obtain the 68.14 goods or services from another provider; and 68.15 (2) engaging in the business relationship will not be 68.16 detrimental to the client or the professional relationship. 68.17 Subd. 12. [BUSINESS RELATIONSHIP WITH A FORMER CLIENT.] A 68.18 social worker may purchase goods or services from a former 68.19 client or otherwise engage in a business relationship with a 68.20 former client after appropriate termination of the professional 68.21 relationship unless a reasonable and prudent social worker would 68.22 conclude after appropriate assessment that: 68.23 (1) the former client is emotionally dependent on the 68.24 social worker and purchasing goods or services from the former 68.25 client or otherwise engaging in a business relationship with the 68.26 former client would be detrimental to the former client; or 68.27 (2) the social worker is emotionally dependent on the 68.28 former client and purchasing goods or services from the former 68.29 client or otherwise engaging in a business relationship with the 68.30 former client would be detrimental to the former client. 68.31 Subd. 13. [PREVIOUS SEXUAL, PERSONAL, OR BUSINESS 68.32 RELATIONSHIP.] (a) A social worker must not engage in a social 68.33 worker/client relationship with an individual with whom the 68.34 social worker had a previous sexual relationship. 68.35 (b) A social worker must not engage in a social 68.36 worker/client relationship with an individual with whom the 69.1 social worker had a previous personal or business relationship 69.2 if a reasonable and prudent social worker would conclude after 69.3 appropriate assessment that the social worker/client 69.4 relationship would create an unacceptable risk of client harm or 69.5 that the social worker's objectivity or professional judgment 69.6 may be impaired. 69.7 Subd. 14. [GIVING ALCOHOL OR OTHER DRUGS TO A CLIENT.] (a) 69.8 Unless authorized by law, a social worker must not offer 69.9 medication or controlled substances to a client. 69.10 (b) A social worker must not accept medication or 69.11 controlled substances from a client except that if authorized by 69.12 law, a social worker may accept medication or controlled 69.13 substances from a client for purposes of disposal or to monitor 69.14 use. 69.15 (c) A social worker must not offer alcoholic beverages to a 69.16 client except when such an offer is authorized or prescribed by 69.17 a physician or is in accordance with a client's care plan. 69.18 (d) A social worker must not accept alcoholic beverages 69.19 from a client. 69.20 Subd. 15. [RELATIONSHIP WITH A CLIENT'S FAMILY OR 69.21 HOUSEHOLD MEMBER.] Subdivisions 1 to 14 apply to a social 69.22 worker's relationship with a client's family or household member 69.23 when a reasonable and prudent social worker would conclude after 69.24 appropriate assessment that a relationship with a family or 69.25 household member would create an unacceptable risk of harm to 69.26 the client. 69.27 Sec. 50. [148D.225] [TREATMENT AND INTERVENTION SERVICES.] 69.28 Subdivision 1. [ASSESSMENT OR DIAGNOSIS.] A social worker 69.29 must base treatment and intervention services on an assessment 69.30 or diagnosis. A social worker must evaluate, on an ongoing 69.31 basis, the appropriateness of the assessment or diagnosis. 69.32 Subd. 2. [ASSESSMENT OR DIAGNOSTIC INSTRUMENTS.] A social 69.33 worker must not use an assessment or diagnostic instrument 69.34 without adequate training. A social worker must follow 69.35 standards and accepted procedures for using an assessment or 69.36 diagnostic instrument. A social worker must inform a client of 70.1 the purpose before administering the instrument and must make 70.2 the results available to the client. 70.3 Subd. 3. [PLAN FOR SERVICES.] A social worker must develop 70.4 a plan for services that includes goals based on the assessment 70.5 or diagnosis. A social worker must evaluate, on an ongoing 70.6 basis, the appropriateness of the plan and the client's progress 70.7 toward the goals. 70.8 Subd. 4. [RECORDS.] (a) A social worker must make and 70.9 maintain current and accurate records, appropriate to the 70.10 circumstances, of all services provided to a client. At a 70.11 minimum, the records must contain documentation of: 70.12 (1) the assessment or diagnosis; 70.13 (2) the content of the service plan; 70.14 (3) progress with the plan and any revisions of assessment, 70.15 diagnosis, or plan; 70.16 (4) any fees charged and payments made; 70.17 (5) copies of all client-written authorizations for release 70.18 of information; and 70.19 (6) other information necessary to provide appropriate 70.20 services. 70.21 (b) These records must be maintained by the social worker 70.22 for at least seven years after the last date of service to the 70.23 client. Social workers who are employed by an agency or other 70.24 entity are not required to: 70.25 (1) maintain personal or separate records; or 70.26 (2) personally retain records at the conclusion of their 70.27 employment. 70.28 Subd. 5. [TERMINATION OF SERVICES.] A social worker must 70.29 terminate a professional relationship with a client when the 70.30 social worker reasonably determines that the client is not 70.31 likely to benefit from continued services or the services are no 70.32 longer needed, unless the social worker is required by law to 70.33 provide services. A social worker who anticipates terminating 70.34 services must give reasonable notice to the client in a manner 70.35 that is appropriate to the needs of the client. The social 70.36 worker must provide appropriate referrals as needed or upon 71.1 request of the client. 71.2 Sec. 51. [148D.230] [CONFIDENTIALITY AND RECORDS.] 71.3 Subdivision 1. [INFORMED CONSENT.] (a) A social worker 71.4 must obtain valid, informed consent, appropriate to the 71.5 circumstances, before providing services to clients. When 71.6 obtaining informed consent, the social worker must determine 71.7 whether the client has the capacity to provide informed 71.8 consent. If the client does not have the capacity to provide 71.9 consent, the social worker must obtain consent for the services 71.10 from the client's legal representative. The social worker must 71.11 not provide services, unless authorized or required by law, if 71.12 the client or the client's legal representative does not consent 71.13 to the services. 71.14 (b) If a social worker determines that a client does not 71.15 have the capacity to provide consent, and the client does not 71.16 have a legal representative, the social worker: 71.17 (1) must, except as provided in clause (2), secure a legal 71.18 representative for a client before providing services; or 71.19 (2) may, notwithstanding clause (1), provide services, 71.20 except when prohibited by other applicable law, that are 71.21 necessary to ensure the client's safety or to preserve the 71.22 client's property or financial resources. 71.23 (c) A social worker must use clear and understandable 71.24 language, including using an interpreter proficient in the 71.25 client's primary language as necessary, to inform clients of the 71.26 plan of services, risks related to the plan, limits to services, 71.27 relevant costs, terms of payment, reasonable alternatives, the 71.28 client's right to refuse or withdraw consent, and the time frame 71.29 covered by the consent. 71.30 Subd. 2. [MANDATORY REPORTING AND DISCLOSURE OF CLIENT 71.31 INFORMATION.] At the beginning of a professional relationship 71.32 and during the professional relationship as necessary and 71.33 appropriate, a social worker must inform the client of those 71.34 circumstances under which the social worker may be required to 71.35 disclose client information specified in subdivision 3, 71.36 paragraph (a), without the client's consent. 72.1 Subd. 3. [CONFIDENTIALITY OF CLIENT INFORMATION.] (a) A 72.2 social worker must ensure the confidentiality of all client 72.3 information obtained in the course of the social worker/client 72.4 relationship and all client information otherwise obtained by 72.5 the social worker that is relevant to the social worker/client 72.6 relationship. Except as provided in this section, client 72.7 information may be disclosed or released only with the client's 72.8 or the client's legal representative's valid informed consent, 72.9 appropriate to the circumstances, except when otherwise required 72.10 by law. A social worker must seek consent to disclose or 72.11 release client information only when such disclosure or release 72.12 is necessary to provide social work services. 72.13 (b) A social worker must continue to maintain 72.14 confidentiality of the client information specified in paragraph 72.15 (a) upon termination of the professional relationship including 72.16 upon the death of the client, except as provided under this 72.17 section or other applicable law. 72.18 (c) A social worker must limit access to the client 72.19 information specified in paragraph (a) in a social worker's 72.20 agency to appropriate agency staff whose duties require access. 72.21 Subd. 4. [RELEASE OF CLIENT INFORMATION WITH WRITTEN 72.22 INFORMED CONSENT.] (a) Except as provided in subdivision 5, 72.23 client information specified in subdivision 3, paragraph (a), 72.24 may be released only with the client's or the client's legal 72.25 representative's written informed consent. The written informed 72.26 consent must: 72.27 (1) explain to whom the client's records may be released; 72.28 (2) explain the purpose for the release; and 72.29 (3) state an expiration date for the authorized release of 72.30 the records. 72.31 (b) A social worker may provide client information 72.32 specified in subdivision 3, paragraph (a), to a third party for 72.33 the purpose of payment for services rendered only with the 72.34 client's written informed consent. 72.35 (c) Except as provided in subdivision 5, a social worker 72.36 may disclose client information specified in subdivision 3, 73.1 paragraph (a), only with the client's or the client's legal 73.2 representative's written informed consent. When it is not 73.3 practical to obtain written informed consent before providing 73.4 necessary services, a social worker may disclose or release 73.5 client information with the client's or the client's legal 73.6 representative's oral informed consent. 73.7 (d) Unless otherwise authorized by law, a social worker 73.8 must obtain a client's written informed consent before taking a 73.9 photograph of the client or making an audio or video recording 73.10 of the client, or allowing a third party to do the same. The 73.11 written informed consent must explain: 73.12 (1) the purpose of the photograph or the recording and how 73.13 the photograph or recording will be used, how it will be stored, 73.14 and when it will be destroyed; and 73.15 (2) how the client may have access to the photograph or 73.16 recording. 73.17 Subd. 5. [RELEASE OF CLIENT INFORMATION WITHOUT WRITTEN 73.18 INFORMED CONSENT.] (a) A social worker may disclose client 73.19 information specified in subdivision 3, paragraph (a), without 73.20 the written consent of the client or the client's legal 73.21 representative only under the following circumstances or under 73.22 the circumstances described in paragraph (b): 73.23 (1) when mandated or authorized by federal or state law, 73.24 including the mandatory reporting requirements under the duty to 73.25 warn, maltreatment of minors, and vulnerable adult laws 73.26 specified in section 148D.240, subdivisions 6 to 8; 73.27 (2) when the board issues a subpoena to the social worker; 73.28 or 73.29 (3) when a court of competent jurisdiction orders release 73.30 of the client records or information. 73.31 (b) When providing services authorized or required by law 73.32 to a client who does not have the capacity to provide consent 73.33 and who does not have a legal representative, a social worker 73.34 must disclose or release client records or information as 73.35 necessary to provide services to ensure the client's safety or 73.36 to preserve the client's property or financial resources. 74.1 Subd. 6. [RELEASE OF CLIENT RECORDS OR INFORMATION.] When 74.2 releasing client records or information under this section, a 74.3 social worker must release current, accurate, and complete 74.4 records or information. 74.5 Sec. 52. [148D.235] [FEES AND BILLING PRACTICES.] 74.6 Subdivision 1. [FEES AND PAYMENTS.] (a) A social worker 74.7 must ensure that a client or a client's legal representative is 74.8 informed of all fees at the initial session or meeting with the 74.9 client, and that payment for services is arranged with the 74.10 client or the client's legal representative at the beginning of 74.11 the professional relationship. Upon request from a client or a 74.12 client's legal representative, a social worker must provide in a 74.13 timely manner a written payment plan or a written explanation of 74.14 the charges for any services rendered. 74.15 (b) When providing services authorized or required by law 74.16 to a client who does not have the capacity to provide consent 74.17 and who does not have a legal representative, a social worker 74.18 may submit reasonable bills to an appropriate payer for services 74.19 provided. 74.20 Subd. 2. [BILLING FOR SERVICES NOT PROVIDED.] A social 74.21 worker must not bill for services that have not been provided 74.22 except that, with prior notice to the client, a social worker 74.23 may bill for failed appointments or for cancellations without 74.24 sufficient notice. A social worker may bill only for provided 74.25 services which are necessary and appropriate. 74.26 Subd. 3. [NO PAYMENT FOR REFERRALS.] A social worker must 74.27 not accept or give a commission, rebate, or other form of 74.28 remuneration solely or primarily to profit from the referral of 74.29 a client. 74.30 Subd. 4. [FEES AND BILLING PRACTICES.] A social worker 74.31 must not engage in improper or fraudulent billing practices, 74.32 including, but not limited to, violations of the federal 74.33 Medicare and Medicaid laws or state medical assistance laws. 74.34 Sec. 53. [148D.240] [REPORTING REQUIREMENTS.] 74.35 Subdivision 1. [FAILURE TO SELF-REPORT ADVERSE 74.36 ACTIONS.] The board has grounds to take action under sections 75.1 148D.255 to 148D.270 when a social worker fails to report to the 75.2 board within 90 days: 75.3 (1) having been disciplined, sanctioned, or found to have 75.4 violated a state, territorial, provincial, or foreign licensing 75.5 agency's laws or rules; 75.6 (2) having been convicted of committing a felony, gross 75.7 misdemeanor, or misdemeanor reasonably related to the practice 75.8 of social work; 75.9 (3) having had a finding or verdict of guilt, whether or 75.10 not the adjudication of guilt is withheld or not entered, of 75.11 committing a felony, gross misdemeanor, or misdemeanor 75.12 reasonably related to the practice of social work; 75.13 (4) having admitted to committing, or entering a no contest 75.14 plea to committing, a felony, gross misdemeanor, or misdemeanor 75.15 reasonably related to the practice of social work; or 75.16 (5) having been denied licensure by a state, territorial, 75.17 provincial, or foreign licensing agency. 75.18 Subd. 2. [FAILURE TO SUBMIT APPLICATION INFORMATION.] The 75.19 board has grounds to take action under sections 148D.255 to 75.20 148D.270 when an applicant or licensee fails to submit with an 75.21 application the following information: 75.22 (1) the dates and dispositions of any malpractice 75.23 settlements or awards made relating to the social work services 75.24 provided by the applicant or licensee; or 75.25 (2) the dates and dispositions of any civil litigations or 75.26 arbitrations relating to the social work services provided by 75.27 the applicant or licensee. 75.28 Subd. 3. [REPORTING OTHER LICENSED HEALTH 75.29 PROFESSIONALS.] An applicant or licensee must report to the 75.30 appropriate health-related licensing board conduct by a licensed 75.31 health professional which would constitute grounds for 75.32 disciplinary action under the statutes and rules enforced by 75.33 that board. 75.34 Subd. 4. [REPORTING UNLICENSED PRACTICE.] An applicant or 75.35 licensee must report to the board conduct by an unlicensed 75.36 person which constitutes the practice of social work, as defined 76.1 in section 148D.010, except when the unlicensed person is exempt 76.2 from licensure pursuant to section 148D.065. 76.3 Subd. 5. [FAILURE TO REPORT OTHER APPLICANTS OR LICENSEES 76.4 AND UNLICENSED PRACTICE.] The board has grounds to take action 76.5 under sections 148D.255 to 148.270 when an applicant or licensee 76.6 fails to report to the board conduct: 76.7 (1) by another licensee or applicant which the applicant or 76.8 licensee has reason to believe may reasonably constitute grounds 76.9 for disciplinary action under this section; or 76.10 (2) by an unlicensed person that constitutes the practice 76.11 of social work when a license is required to practice social 76.12 work. 76.13 Subd. 6. [DUTY TO WARN.] A licensee must comply with the 76.14 duty to warn established by section 148.975. 76.15 Subd. 7. [REPORTING MALTREATMENT OF MINORS.] An applicant 76.16 or licensee must comply with the reporting of maltreatment of 76.17 minors established by section 626.556. 76.18 Subd. 8. [REPORTING MALTREATMENT OF VULNERABLE ADULTS.] An 76.19 applicant or licensee must comply with the reporting of 76.20 maltreatment of vulnerable adults established by section 626.557. 76.21 Subd. 9. [SUBPOENAS.] The board may issue subpoenas 76.22 pursuant to section 148D.245 and chapter 214 for the production 76.23 of any reports required by this section or any related documents. 76.24 Sec. 54. [148D.245] [INVESTIGATIVE POWERS AND PROCEDURES.] 76.25 Subdivision 1. [SUBPOENAS.] (a) The board may issue 76.26 subpoenas and compel the attendance of witnesses and the 76.27 production of all necessary papers, books, records, documents, 76.28 and other evidentiary material as part of its investigation of 76.29 an applicant or licensee under this section or chapter 214. 76.30 (b) If any person fails or refuses to appear or testify 76.31 regarding any matter about which the person may be lawfully 76.32 questioned, or fails or refuses to produce any papers, books, 76.33 records, documents, or other evidentiary materials in the matter 76.34 to be heard, after having been required by order of the board or 76.35 by a subpoena of the board to do so, the board may institute a 76.36 proceeding in any district court to enforce the board's order or 77.1 subpoena. 77.2 (c) The board or a designated member of the board acting on 77.3 behalf of the board may issue subpoenas or administer oaths to 77.4 witnesses or take affirmations. Depositions may be taken within 77.5 or out of the state in the manner provided by law for the taking 77.6 of depositions in civil actions. 77.7 (d) A subpoena or other process or paper may be served upon 77.8 any person named therein, by mail or by any officer authorized 77.9 to serve subpoenas or other process or paper in civil actions, 77.10 with the same fees and mileage and in the same manner as 77.11 prescribed by law for service of process issued out of the 77.12 district court of this state. 77.13 (e) Fees, mileage, and other costs must be paid as the 77.14 board directs. 77.15 Subd. 2. [CLASSIFICATION OF DATA.] (a) Any records 77.16 obtained as part of an investigation must be treated as 77.17 investigative data under section 13.41 and be classified as 77.18 confidential data. 77.19 (b) Notwithstanding paragraph (a), client records must be 77.20 treated as private data under chapter 13. Client records must 77.21 be protected as private data in the records of the board and in 77.22 administrative or judicial proceedings unless the client 77.23 authorizes the board in writing to make public the identity of 77.24 the client or a portion or all of the client's records. 77.25 Subd. 3. [MENTAL OR PHYSICAL EXAMINATION; CHEMICAL 77.26 DEPENDENCY EVALUATION.] (a) If the board has (1) probable cause 77.27 to believe that an applicant or licensee has violated a statute 77.28 or rule enforced by the board, or an order issued by the board 77.29 and (2) the board believes the applicant may have a 77.30 health-related condition relevant to the violation, the board 77.31 may issue an order directing the applicant or licensee to submit 77.32 to one or more of the following: a mental examination, a 77.33 physical examination, or a chemical dependency evaluation. 77.34 (b) An examination or evaluation order issued by the board 77.35 must include: 77.36 (1) factual specifications on which the order is based; 78.1 (2) the purpose of the examination or evaluation; 78.2 (3) the name of the person or entity that will conduct the 78.3 examination or evaluation; and 78.4 (4) the means by which the examination or evaluation will 78.5 be paid for. 78.6 (c) Every applicant or licensee must submit to a mental 78.7 examination, a physical examination, or a chemical dependency 78.8 evaluation when ordered to do so in writing by the board. 78.9 (d) By submitting to a mental examination, a physical 78.10 examination, or a chemical dependency evaluation, an applicant 78.11 or licensee waives all objections to the admissibility of the 78.12 examiner or evaluator's testimony or reports on the grounds that 78.13 the testimony or reports constitute a privileged communication. 78.14 Subd. 4. [FAILURE TO SUBMIT TO AN EXAMINATION.] (a) If an 78.15 applicant or licensee fails to submit to an examination or 78.16 evaluation ordered by the board pursuant to subdivision 3, 78.17 unless the failure was due to circumstances beyond the control 78.18 of the applicant or licensee, the failure is an admission that 78.19 the applicant or licensee violated a statute or rule enforced by 78.20 the board as specified in the examination or evaluation order 78.21 issued by the board. The failure may result in an application 78.22 being denied or other adversarial, corrective, or disciplinary 78.23 action being taken by the board without a contested case hearing. 78.24 (b) If an applicant or licensee requests a contested case 78.25 hearing after the board denies an application or takes other 78.26 disciplinary or adversarial action, the only issues which may be 78.27 determined at the hearing are: 78.28 (1) whether the board had probable cause to issue the 78.29 examination or evaluation order; and 78.30 (2) whether the failure to submit to the examination or 78.31 evaluation was due to circumstances beyond the control of the 78.32 applicant or licensee. 78.33 (c) Neither the record of a proceeding under this 78.34 subdivision nor an order issued by the board may be admissible, 78.35 subject to subpoena, or be used against the applicant or 78.36 licensee in a proceeding in which the board is not a party or 79.1 decision maker. 79.2 (d) Information obtained under this subdivision must be 79.3 treated as private data under chapter 13. An order issued by 79.4 the board as the result of an applicant's or licensee's failure 79.5 to submit to an examination or evaluation must be treated as 79.6 public data under chapter 13. 79.7 Subd. 5. [ACCESS TO DATA AND RECORDS.] (a) In addition to 79.8 ordering a physical or mental examination or chemical dependency 79.9 evaluation, and notwithstanding section 13.384, 144.651, 595.02, 79.10 or any other statute limiting access to health records, the 79.11 board or a designated member of the board acting on behalf of 79.12 the board may subpoena physical, mental, and chemical dependency 79.13 health records relating to an applicant or licensee without the 79.14 applicant's or licensee's consent if: 79.15 (1) the board has probable cause to believe that the 79.16 applicant or licensee has violated chapter 214, a statute or 79.17 rule enforced by the board, or an order issued by the board; and 79.18 (2) the board has reason to believe that the records are 79.19 relevant and necessary to the investigation. 79.20 (b) An applicant, licensee, insurance company, government 79.21 agency, health care facility, or provider as defined in section 79.22 144.335, subdivision 1, paragraph (b), must comply with any 79.23 subpoena of the board under this subdivision and is not liable 79.24 in any action for damages for releasing information subpoenaed 79.25 by the board under this subdivision unless the information 79.26 provided is false and the person or entity providing the 79.27 information knew or had reason to know that the information was 79.28 false. 79.29 (c) Information on individuals obtained under this 79.30 subdivision must be treated as investigative data under section 79.31 13.41 and be classified as confidential data. 79.32 (d) If an applicant, licensee, person, or entity does not 79.33 comply with any subpoena of the board under this subdivision, 79.34 the board may institute a proceeding in any district court to 79.35 enforce the board's subpoena. 79.36 Subd. 6. [EVIDENCE OF PAST SEXUAL CONDUCT.] If, in a 80.1 proceeding for taking action against an applicant or licensee 80.2 under this section, the charges involve sexual contact with a 80.3 client or former client, the board or administrative law judge 80.4 must not consider evidence of the client's or former client's 80.5 previous sexual conduct. Reference to the client's or former 80.6 client's previous sexual conduct must not be made during the 80.7 proceedings or in the findings, except by motion of the 80.8 complainant, unless the evidence would be admissible under the 80.9 applicable provisions of section 609.347, subdivision 3. 80.10 Subd. 7. [INVESTIGATIONS INVOLVING VULNERABLE ADULTS OR 80.11 CHILDREN IN NEED OF PROTECTION.] (a) Except as provided in 80.12 paragraph (b), if the board receives a complaint about a social 80.13 worker regarding the social worker's involvement in a case of 80.14 vulnerable adults or children in need of protection, the county 80.15 or other appropriate public authority may request that the board 80.16 suspend its investigation, and the board must comply until such 80.17 time as the court issues its findings on the case. 80.18 (b) Notwithstanding paragraph (a), the board may continue 80.19 with an investigation if the board determines that doing so is 80.20 in the best interests of the vulnerable adult or child and is 80.21 consistent with the board's obligation to protect the public. 80.22 If the board chooses to continue an investigation, the board 80.23 must notify the county or other appropriate public authority in 80.24 writing and state its reasons for doing so. 80.25 Subd. 8. [NOTIFICATION OF COMPLAINANT.] (a) In no more 80.26 than 14 calendar days after receiving a complaint regarding a 80.27 licensee, the board must notify the complainant that the board 80.28 has received the complaint. 80.29 (b) The board must periodically notify the complainant of 80.30 the status of the complaint. 80.31 Subd. 9. [NOTIFICATION OF LICENSEE.] (a) Except as 80.32 provided in paragraph (b), in no more than 60 calendar days 80.33 after receiving a complaint regarding a licensee, the board must 80.34 notify the licensee that the board has received the complaint 80.35 and inform the licensee of: 80.36 (1) the substance of the complaint; 81.1 (2) the sections of the law that allegedly have been 81.2 violated; and 81.3 (3) whether an investigation is being conducted. 81.4 (b) Paragraph (a) does not apply if: 81.5 (1) the board determines that such notice would compromise 81.6 the board's investigation pursuant to section 214.10; or 81.7 (2) the board determines that such notice cannot reasonably 81.8 be accomplished within this time. 81.9 (c) The board must periodically notify the licensee of the 81.10 status of the complaint. 81.11 Subd. 10. [RESOLUTION OF COMPLAINTS.] In no more than one 81.12 year after receiving a complaint regarding a licensee, the board 81.13 must resolve or dismiss the complaint unless the board 81.14 determines that resolving or dismissing the complaint cannot 81.15 reasonably be accomplished within this time. 81.16 Sec. 55. [148D.250] [OBLIGATION TO COOPERATE.] 81.17 Subdivision 1. [OBLIGATION TO COOPERATE.] An applicant or 81.18 licensee who is the subject of an investigation, or who is 81.19 questioned by or on behalf of the board in connection with an 81.20 investigation, must cooperate fully with the investigation. 81.21 Cooperation includes, but is not limited to: 81.22 (1) responding fully and promptly to any question relating 81.23 to the investigation; 81.24 (2) as reasonably requested by the board, providing copies 81.25 of client and other records in the applicant's or licensee's 81.26 possession relating to the investigation; 81.27 (3) executing release of records as reasonably requested by 81.28 the board; and 81.29 (4) appearing at conferences, hearings, or meetings 81.30 scheduled by the board, as required in sections 148D.255 to 81.31 148D.270 and chapter 214. 81.32 Subd. 2. [INVESTIGATION.] A social worker must not 81.33 knowingly withhold relevant information, give false or 81.34 misleading information, or do anything to obstruct an 81.35 investigation of the social worker or another social worker by 81.36 the board or by another state or federal regulatory or law 82.1 enforcement authority. 82.2 Subd. 3. [PAYMENT FOR COPIES.] The board must pay for 82.3 copies requested by the board. 82.4 Subd. 4. [ACCESS TO CLIENT RECORDS.] Notwithstanding any 82.5 law to the contrary, an applicant or licensee must allow the 82.6 board access to any records of a client provided services by the 82.7 applicant or licensee under investigation. If the client has 82.8 not signed a consent permitting access to the client's records, 82.9 the applicant or licensee must delete any data in the records 82.10 that identifies the client before providing the records to the 82.11 board. 82.12 Subd. 5. [CLASSIFICATION OF DATA.] Any records obtained 82.13 pursuant to this subdivision must be treated as investigative 82.14 data pursuant to section 13.41 and be classified as confidential 82.15 data. 82.16 Sec. 56. [148D.255] [TYPES OF ACTIONS.] 82.17 Subdivision 1. [ACTIONS.] The board may take disciplinary 82.18 action pursuant to section 148D.260, adversarial but 82.19 nondisciplinary action pursuant to section 148D.265, or 82.20 voluntary action pursuant to section 148D.270. Any action taken 82.21 under sections 148D.260 to 148D.270 is public data. 82.22 Subd. 2. [DISCIPLINARY ACTION.] For purposes of section 82.23 148D.260, "disciplinary action" means an action taken by the 82.24 board against an applicant or licensee that addresses a 82.25 complaint alleging a violation of a statute or rule the board is 82.26 empowered to enforce. 82.27 Subd. 3. [ADVERSARIAL BUT NONDISCIPLINARY ACTION.] For 82.28 purposes of section 148D.265, "adversarial but nondisciplinary 82.29 action" means a nondisciplinary action taken by the board that 82.30 addresses a complaint alleging a violation of a statute or rule 82.31 the board is empowered to enforce. 82.32 Subd. 4. [VOLUNTARY ACTION.] For purposes of section 82.33 148D.270, "voluntary action" means a nondisciplinary action 82.34 agreed to by the board or a designated board member and an 82.35 applicant or licensee that, through educational or other 82.36 corrective means, addresses a complaint alleging a violation of 83.1 a statute or rule that the board is empowered to enforce. 83.2 Sec. 57. [148D.260] [DISCIPLINARY ACTIONS.] 83.3 Subdivision 1. [GENERAL DISCIPLINARY ACTIONS.] (a) When 83.4 the board has grounds for disciplinary actions under this 83.5 chapter, the board may take one or more of the following 83.6 disciplinary actions: 83.7 (1) deny an application; 83.8 (2) permanently revoke a license to practice social work; 83.9 (3) indefinitely or temporarily suspend a license to 83.10 practice social work; 83.11 (4) impose restrictions on a licensee's scope of practice; 83.12 (5) impose conditions required for the licensee to maintain 83.13 licensure, including, but not limited to, additional education, 83.14 supervision, and requiring the passing of an examination 83.15 provided for in section 148D.055; 83.16 (6) reprimand a licensee; 83.17 (7) impose a civil penalty of up to $10,000 for each 83.18 violation in order to discourage future violations or to deprive 83.19 the licensee of any economic advantage gained by reason of the 83.20 violation; or 83.21 (8) impose a fee to reimburse the board for all or part of 83.22 the cost of the proceedings resulting in disciplinary action, 83.23 including, but not limited to, the amount paid by the board for 83.24 services received from or expenses incurred by the Office of 83.25 Administrative Hearings, the Office of the Attorney General, 83.26 court reporters, witnesses, board members, board staff, or the 83.27 amount paid by the board for reproducing records. 83.28 (b) Disciplinary action taken by the board under this 83.29 subdivision is in effect pending determination of an appeal 83.30 unless the court, upon petition and for good cause shown, 83.31 decides otherwise. 83.32 Subd. 2. [REPRIMANDS.] (a) In addition to the board's 83.33 authority to issue a reprimand pursuant to subdivision 1, a 83.34 designated board member reviewing a complaint as provided for in 83.35 chapter 214 may issue a reprimand to a licensee. The designated 83.36 board member must notify the licensee that the reprimand will 84.1 become final disciplinary action unless the licensee requests a 84.2 hearing by the board within 14 calendar days. 84.3 (b) If the licensee requests a hearing within 14 calendar 84.4 days, the board must schedule a hearing unless the designated 84.5 board member withdraws the reprimand. 84.6 (c) The hearing must be scheduled within 14 working days of 84.7 the time the licensee submits a request for the hearing. 84.8 (d) The designated board member who issued the reprimand 84.9 may participate in the hearing but must not deliberate or vote 84.10 on the decision by the board. 84.11 (e) The only evidence permitted at the hearing is 84.12 affidavits or other documents except for testimony by the 84.13 licensee or other witnesses whose testimony the board chair has 84.14 authorized for good cause. 84.15 (f) If testimony is authorized, the testimony is subject to 84.16 cross-examination. 84.17 (g) After the hearing, the board must affirm or dismiss the 84.18 reprimand. 84.19 Subd. 3. [TEMPORARY SUSPENSIONS.] (a) In addition to any 84.20 other remedy provided by statute, the board or a designated 84.21 board member may, without a hearing, temporarily suspend a 84.22 license to practice social work if the board or the designated 84.23 board member finds that: 84.24 (1) the licensee has violated a statute or rule enforced by 84.25 the board, any other federal or state law or rule related to the 84.26 practice of social work, or an order, stipulation, or agreement 84.27 agreed to or issued by the board; and 84.28 (2) continued practice by the licensee would create a 84.29 serious risk of harm to others. 84.30 (b) The suspension is in effect upon service of a written 84.31 order on the licensee specifying the statute, rule, order, 84.32 stipulation, or agreement violated. Service of the order is 84.33 effective if the order is served on the licensee or the 84.34 licensee's attorney personally or by first class mail to the 84.35 most recent address provided to the board for the licensee or 84.36 the licensee's attorney. 85.1 (c) The temporary suspension remains in effect until after 85.2 the board issues an order pursuant to paragraph (e), or if there 85.3 is a contested case hearing, after the board issues a written 85.4 final order pursuant to paragraph (g). 85.5 (d) If the licensee requests in writing within five 85.6 calendar days of service of the order that the board hold a 85.7 hearing, the board must hold a hearing on the sole issue of 85.8 whether to continue, modify, or lift the suspension. The board 85.9 must hold the hearing within ten working days of receipt of the 85.10 licensee's written request. Evidence presented by the board or 85.11 licensee must be in affidavit form only, except that the 85.12 licensee or the licensee's attorney may present oral argument. 85.13 (e) Within five working days after the hearing, the board 85.14 must issue its order. If the licensee contests the order, the 85.15 board must schedule a contested case hearing under chapter 14. 85.16 The contested case hearing must be scheduled to occur within 45 85.17 calendar days after issuance of the order. 85.18 (f) The administrative law judge must issue a report within 85.19 30 calendar days after the contested case hearing is concluded. 85.20 (g) The board must issue a final order within 30 calendar 85.21 days after the board receives the administrative law judge's 85.22 report. 85.23 Sec. 58. [148D.265] [ADVERSARIAL BUT NONDISCIPLINARY 85.24 ACTIONS.] 85.25 Subdivision 1. [AUTOMATIC SUSPENSIONS.] (a) A license to 85.26 practice social work is automatically suspended if: 85.27 (1) a guardian of a licensee is appointed by order of a 85.28 court pursuant to sections 524.5-101 and 524.5.102; or 85.29 (2) the licensee is committed by order of a court pursuant 85.30 to chapter 253B. 85.31 (b) A license remains suspended until: 85.32 (1) the licensee is restored to capacity by a court; and 85.33 (2) upon petition by the licensee and after a hearing or an 85.34 agreement with the licensee, the board terminates the suspension. 85.35 (c) If the board terminates the suspension, it may do so 85.36 with or without conditions or restrictions, including, but not 86.1 limited to, participation in the health professional services 86.2 program. 86.3 Subd. 2. [CEASE AND DESIST ORDERS.] (a) The board or a 86.4 designated board member may issue a cease and desist order to 86.5 stop a person from engaging in unauthorized practice or from 86.6 violating or threatening to violate a statute or rule enforced 86.7 by the board or an order, stipulation, or agreement agreed to or 86.8 issued by the board. 86.9 (b) The cease and desist order must state the reason for 86.10 its issuance and give notice of the person's right to request a 86.11 hearing under sections 14.57 to 14.62. If the person fails to 86.12 request a hearing in writing postmarked within 15 calendar days 86.13 after service of the cease and desist order, the order is the 86.14 final order of the board and is not reviewable by a court or 86.15 agency. 86.16 (c) If the board receives a written request for a hearing 86.17 postmarked within 15 calendar days after service of the cease 86.18 and desist order, the board must schedule a hearing within 30 86.19 calendar days of receiving the request. 86.20 (d) The administrative law judge must issue a report within 86.21 30 calendar days after the contested case hearing is concluded. 86.22 (e) Within 30 calendar days after the board receives the 86.23 administrative law judge's report, the board must issue a final 86.24 order modifying, vacating, or making permanent the cease and 86.25 desist order. The final order remains in effect until modified 86.26 or vacated by the board. 86.27 (f) If a person does not comply with a cease and desist 86.28 order, the board may institute a proceeding in any district 86.29 court to obtain injunctive relief or other appropriate relief, 86.30 including but not limited to, a civil penalty payable to the 86.31 board of up to $10,000 for each violation. 86.32 (g) A cease and desist order issued pursuant to this 86.33 subdivision does not relieve a person from criminal prosecution 86.34 by a competent authority or from disciplinary action by the 86.35 board. 86.36 Subd. 3. [INJUNCTIVE RELIEF.] (a) In addition to any other 87.1 remedy provided by law, the board may bring an action in 87.2 district court for injunctive relief to restrain any 87.3 unauthorized practice or violation or threatened violation of 87.4 any statute or rule, stipulation, or agreement agreed to or 87.5 enforced by the board or an order issued by the board. 87.6 (b) A temporary restraining order may be granted in the 87.7 proceeding if continued activity by a person would create an 87.8 imminent risk of harm to others. 87.9 (c) Injunctive relief granted pursuant to this subdivision 87.10 does not relieve a person from criminal prosecution by a 87.11 competent authority or from disciplinary action by the board. 87.12 (d) In bringing an action for injunctive relief, the board 87.13 need not show irreparable harm. 87.14 Sec. 59. [148D.270] [VOLUNTARY ACTIONS.] 87.15 Subdivision 1. [AGREEMENTS FOR CORRECTIVE ACTION.] (a) The 87.16 board or a designated board member may enter into an agreement 87.17 for corrective action with an applicant or licensee when the 87.18 board or a designated board member determines that a complaint 87.19 alleging a violation of a statute or rule enforced by the board 87.20 or an order issued by the board may best be resolved through an 87.21 agreement for corrective action when disciplinary action is not 87.22 required to protect the public. 87.23 (b) An agreement for corrective action must: 87.24 (1) be in writing; 87.25 (2) specify the facts upon which the agreement is based; 87.26 (3) clearly indicate the corrective action agreed upon; and 87.27 (4) provide that the complaint that resulted in the 87.28 agreement must be dismissed by the board or the designated board 87.29 member upon successful completion of the corrective action. 87.30 (c) The board or designated board member may determine 87.31 successful completion when the applicant or licensee submits a 87.32 request for dismissal that documents the applicant's or 87.33 licensee's successful completion of the corrective action. The 87.34 burden of proof is on the applicant or licensee to prove 87.35 successful completion. 87.36 (d) An agreement for corrective action is not disciplinary 88.1 action but must be treated as public data under chapter 13. 88.2 (e) The board may impose a fee to reimburse the board for 88.3 all or part of the costs of the proceedings resulting in a 88.4 corrective action, including, but not limited to, the amount 88.5 paid by the board for services received from or expenses 88.6 incurred by the Office of the Attorney General, board members, 88.7 board staff, or the amount paid by the board for reproducing 88.8 records. 88.9 (f) The board or designated board member must not enter 88.10 into an agreement for corrective action when the complaint 88.11 alleged sexual conduct with a client unless there is 88.12 insufficient evidence to justify disciplinary action but there 88.13 is a basis for corrective action. 88.14 Subd. 2. [STIPULATIONS TO CEASE PRACTICING SOCIAL 88.15 WORK.] (a) The board or a designated board member may enter into 88.16 a stipulation to cease practicing social work with a licensee if 88.17 the board or designated board member determines that the 88.18 licensee is unable to practice social work competently or safely 88.19 or that the social worker's continued practice creates an 88.20 unacceptable risk of safety to clients, potential clients, or 88.21 the public. 88.22 (b) A stipulation to cease practicing social work must: 88.23 (1) be in writing; 88.24 (2) specify the facts upon which the stipulation is based; 88.25 (3) clearly indicate that the licensee must not practice 88.26 social work and must not hold out to the public that the social 88.27 worker is licensed; and 88.28 (4) specify the term of the stipulation or when and under 88.29 what circumstances the licensee may petition the board for 88.30 termination of the stipulation. 88.31 (c) A stipulation to cease practicing social work is not 88.32 disciplinary action but must be treated as public data under 88.33 chapter 13. 88.34 (d) Nothing in this subdivision prevents the board or 88.35 designated board member from taking any other disciplinary or 88.36 adversarial action authorized by sections 148D.255 to 148D.265 89.1 in lieu of or in addition to entering into a stipulation to 89.2 cease practicing social work. 89.3 Sec. 60. [148D.275] [UNAUTHORIZED PRACTICE.] 89.4 No individual may: 89.5 (1) engage in the practice of social work without a social 89.6 work license under sections 148D.055 and 148D.060, except when 89.7 the individual is exempt from licensure pursuant to section 89.8 148D.065; 89.9 (2) provide social work services to a client who resides in 89.10 this state when the individual providing the services is not 89.11 licensed as a social worker pursuant to sections 148D.055 to 89.12 148D.060, except when the individual is exempt from licensure 89.13 pursuant to section 148D.065. 89.14 Sec. 61. [148D.280] [USE OF TITLES.] 89.15 No individual may be presented to the public by any title 89.16 incorporating the words "social work" or "social worker" or in 89.17 the titles in section 148D.195, unless that individual holds a 89.18 license pursuant to sections 148D.055 and 148D.060, or practices 89.19 in a setting exempt from licensure pursuant to section 148D.065. 89.20 Sec. 62. [148D.285] [REPORTING REQUIREMENTS.] 89.21 Subdivision 1. [INSTITUTIONS.] A state agency, political 89.22 subdivision, agency of a local unit of government, private 89.23 agency, hospital, clinic, prepaid medical plan, or other health 89.24 care institution or organization must report to the board: 89.25 (1) any adversarial action, disciplinary action, or other 89.26 sanction for conduct that might constitute grounds for action 89.27 under section 148D.190; 89.28 (2) the resignation of any applicant or licensee prior to 89.29 the conclusion of any proceeding for adversarial action, 89.30 disciplinary action, or other sanction for conduct that might 89.31 constitute grounds for action under section 148D.190; or 89.32 (3) the resignation of any applicant or licensee prior to 89.33 the commencement of a proceeding for adversarial action, 89.34 disciplinary action, or other sanction for conduct that might 89.35 constitute grounds for action under section 148D.190, but after 89.36 the applicant or licensee had knowledge that a proceeding was 90.1 contemplated or in preparation. 90.2 Subd. 2. [PROFESSIONAL SOCIETIES AND ASSOCIATIONS.] A 90.3 state or local professional society or association whose members 90.4 consist primarily of licensed social workers must report to the 90.5 board any adversarial action, disciplinary action, or other 90.6 sanction taken against a member. 90.7 Subd. 3. [IMMUNITY.] An individual, professional society 90.8 or association, state agency, political subdivision, agency of a 90.9 local unit of government, private agency, hospital, clinic, 90.10 prepaid medical plan, other health care institution or 90.11 organization or other entity is immune from civil liability or 90.12 criminal prosecution for submitting in good faith a report under 90.13 subdivision 1 or 2 or for otherwise reporting, providing 90.14 information, or testifying about violations or alleged 90.15 violations of this chapter. 90.16 Sec. 63. [148D.290] [PENALTIES.] 90.17 An individual or other entity that violates section 90.18 148D.275, 148D.280, or 148D.285 is guilty of a misdemeanor. 90.19 Sec. 64. Minnesota Statutes 2004, section 214.01, 90.20 subdivision 2, is amended to read: 90.21 Subd. 2. [HEALTH-RELATED LICENSING BOARD.] "Health-related 90.22 licensing board" means the Board of Examiners of Nursing Home 90.23 Administrators established pursuant to section 144A.19, the 90.24 Office of Unlicensed Complementary and Alternative Health Care 90.25 Practice established pursuant to section 146A.02, the Board of 90.26 Medical Practice created pursuant to section 147.01, the Board 90.27 of Nursing created pursuant to section 148.181, the Board of 90.28 Chiropractic Examiners established pursuant to section 148.02, 90.29 the Board of Optometry established pursuant to section 148.52, 90.30 the Board of Physical Therapy established pursuant to section 90.31 148.67, the Board of Psychology established pursuant to section 90.32 148.90, the Board of Social Work pursuant to section148B.1990.33 148D.025, the Board of Marriage and Family Therapy pursuant to 90.34 section 148B.30, the Office of Mental Health Practice 90.35 established pursuant to section 148B.61, the Board of Behavioral 90.36 Health and Therapy established by section 148B.51, the Alcohol 91.1 and Drug Counselors Licensing Advisory Council established 91.2 pursuant to section 148C.02, the Board of Dietetics and 91.3 Nutrition Practice established under section 148.622, the Board 91.4 of Dentistry established pursuant to section 150A.02, the Board 91.5 of Pharmacy established pursuant to section 151.02, the Board of 91.6 Podiatric Medicine established pursuant to section 153.02, and 91.7 the Board of Veterinary Medicine, established pursuant to 91.8 section 156.01. 91.9 Sec. 65. Minnesota Statutes 2004, section 245.462, 91.10 subdivision 18, is amended to read: 91.11 Subd. 18. [MENTAL HEALTH PROFESSIONAL.] "Mental health 91.12 professional" means a person providing clinical services in the 91.13 treatment of mental illness who is qualified in at least one of 91.14 the following ways: 91.15 (1) in psychiatric nursing: a registered nurse who is 91.16 licensed under sections 148.171 to 148.285; and: 91.17 (i) who is certified as a clinical specialist or as a nurse 91.18 practitioner in adult or family psychiatric and mental health 91.19 nursing by a national nurse certification organization; or 91.20 (ii) who has a master's degree in nursing or one of the 91.21 behavioral sciences or related fields from an accredited college 91.22 or university or its equivalent, with at least 4,000 hours of 91.23 post-master's supervised experience in the delivery of clinical 91.24 services in the treatment of mental illness; 91.25 (2) in clinical social work: a person licensed as an 91.26 independent clinical social worker undersection 148B.21,91.27subdivision 6chapter 148D, or a person with a master's degree 91.28 in social work from an accredited college or university, with at 91.29 least 4,000 hours of post-master's supervised experience in the 91.30 delivery of clinical services in the treatment of mental 91.31 illness; 91.32 (3) in psychology: an individual licensed by the Board of 91.33 Psychology under sections 148.88 to 148.98 who has stated to the 91.34 Board of Psychology competencies in the diagnosis and treatment 91.35 of mental illness; 91.36 (4) in psychiatry: a physician licensed under chapter 147 92.1 and certified by the American Board of Psychiatry and Neurology 92.2 or eligible for board certification in psychiatry; 92.3 (5) in marriage and family therapy: the mental health 92.4 professional must be a marriage and family therapist licensed 92.5 under sections 148B.29 to 148B.39 with at least two years of 92.6 post-master's supervised experience in the delivery of clinical 92.7 services in the treatment of mental illness; or 92.8 (6) in allied fields: a person with a master's degree from 92.9 an accredited college or university in one of the behavioral 92.10 sciences or related fields, with at least 4,000 hours of 92.11 post-master's supervised experience in the delivery of clinical 92.12 services in the treatment of mental illness. 92.13 Sec. 66. Minnesota Statutes 2004, section 245.4871, 92.14 subdivision 27, is amended to read: 92.15 Subd. 27. [MENTAL HEALTH PROFESSIONAL.] "Mental health 92.16 professional" means a person providing clinical services in the 92.17 diagnosis and treatment of children's emotional disorders. A 92.18 mental health professional must have training and experience in 92.19 working with children consistent with the age group to which the 92.20 mental health professional is assigned. A mental health 92.21 professional must be qualified in at least one of the following 92.22 ways: 92.23 (1) in psychiatric nursing, the mental health professional 92.24 must be a registered nurse who is licensed under sections 92.25 148.171 to 148.285 and who is certified as a clinical specialist 92.26 in child and adolescent psychiatric or mental health nursing by 92.27 a national nurse certification organization or who has a 92.28 master's degree in nursing or one of the behavioral sciences or 92.29 related fields from an accredited college or university or its 92.30 equivalent, with at least 4,000 hours of post-master's 92.31 supervised experience in the delivery of clinical services in 92.32 the treatment of mental illness; 92.33 (2) in clinical social work, the mental health professional 92.34 must be a person licensed as an independent clinical social 92.35 worker undersection 148B.21, subdivision 6chapter 148D, or a 92.36 person with a master's degree in social work from an accredited 93.1 college or university, with at least 4,000 hours of 93.2 post-master's supervised experience in the delivery of clinical 93.3 services in the treatment of mental disorders; 93.4 (3) in psychology, the mental health professional must be 93.5 an individual licensed by the board of psychology under sections 93.6 148.88 to 148.98 who has stated to the board of psychology 93.7 competencies in the diagnosis and treatment of mental disorders; 93.8 (4) in psychiatry, the mental health professional must be a 93.9 physician licensed under chapter 147 and certified by the 93.10 American board of psychiatry and neurology or eligible for board 93.11 certification in psychiatry; 93.12 (5) in marriage and family therapy, the mental health 93.13 professional must be a marriage and family therapist licensed 93.14 under sections 148B.29 to 148B.39 with at least two years of 93.15 post-master's supervised experience in the delivery of clinical 93.16 services in the treatment of mental disorders or emotional 93.17 disturbances; or 93.18 (6) in allied fields, the mental health professional must 93.19 be a person with a master's degree from an accredited college or 93.20 university in one of the behavioral sciences or related fields, 93.21 with at least 4,000 hours of post-master's supervised experience 93.22 in the delivery of clinical services in the treatment of 93.23 emotional disturbances. 93.24 Sec. 67. Minnesota Statutes 2004, section 256B.0625, 93.25 subdivision 38, is amended to read: 93.26 Subd. 38. [PAYMENTS FOR MENTAL HEALTH SERVICES.] Payments 93.27 for mental health services covered under the medical assistance 93.28 program that are provided by masters-prepared mental health 93.29 professionals shall be 80 percent of the rate paid to 93.30 doctoral-prepared professionals. Payments for mental health 93.31 services covered under the medical assistance program that are 93.32 provided by masters-prepared mental health professionals 93.33 employed by community mental health centers shall be 100 percent 93.34 of the rate paid to doctoral-prepared professionals. For 93.35 purposes of reimbursement of mental health professionals under 93.36 the medical assistance program, all social workers who: 94.1 (1) have received a master's degree in social work from a 94.2 program accredited by the Council on Social Work Education; 94.3 (2) are licensed at the level of graduate social worker or 94.4 independent social worker; and 94.5 (3) are practicing clinical social work under appropriate 94.6 supervision, as defined bysection 148B.18chapter 148D; meet 94.7 all requirements under Minnesota Rules, part 9505.0323, subpart 94.8 24, and shall be paid accordingly. 94.9 Sec. 68. Minnesota Statutes 2004, section 256J.08, 94.10 subdivision 73a, is amended to read: 94.11 Subd. 73a. [QUALIFIED PROFESSIONAL.] (a) For physical 94.12 illness, injury, or incapacity, a "qualified professional" means 94.13 a licensed physician, a physician's assistant, a nurse 94.14 practitioner, or a licensed chiropractor. 94.15 (b) For mental retardation and intelligence testing, a 94.16 "qualified professional" means an individual qualified by 94.17 training and experience to administer the tests necessary to 94.18 make determinations, such as tests of intellectual functioning, 94.19 assessments of adaptive behavior, adaptive skills, and 94.20 developmental functioning. These professionals include licensed 94.21 psychologists, certified school psychologists, or certified 94.22 psychometrists working under the supervision of a licensed 94.23 psychologist. 94.24 (c) For learning disabilities, a "qualified professional" 94.25 means a licensed psychologist or school psychologist with 94.26 experience determining learning disabilities. 94.27 (d) For mental health, a "qualified professional" means a 94.28 licensed physician or a qualified mental health professional. A 94.29 "qualified mental health professional" means: 94.30 (1) for children, in psychiatric nursing, a registered 94.31 nurse who is licensed under sections 148.171 to 148.285, and who 94.32 is certified as a clinical specialist in child and adolescent 94.33 psychiatric or mental health nursing by a national nurse 94.34 certification organization or who has a master's degree in 94.35 nursing or one of the behavioral sciences or related fields from 94.36 an accredited college or university or its equivalent, with at 95.1 least 4,000 hours of post-master's supervised experience in the 95.2 delivery of clinical services in the treatment of mental 95.3 illness; 95.4 (2) for adults, in psychiatric nursing, a registered nurse 95.5 who is licensed under sections 148.171 to 148.285, and who is 95.6 certified as a clinical specialist in adult psychiatric and 95.7 mental health nursing by a national nurse certification 95.8 organization or who has a master's degree in nursing or one of 95.9 the behavioral sciences or related fields from an accredited 95.10 college or university or its equivalent, with at least 4,000 95.11 hours of post-master's supervised experience in the delivery of 95.12 clinical services in the treatment of mental illness; 95.13 (3) in clinical social work, a person licensed as an 95.14 independent clinical social worker undersection 148B.21,95.15subdivision 6chapter 148D, or a person with a master's degree 95.16 in social work from an accredited college or university, with at 95.17 least 4,000 hours of post-master's supervised experience in the 95.18 delivery of clinical services in the treatment of mental 95.19 illness; 95.20 (4) in psychology, an individual licensed by the Board of 95.21 Psychology under sections 148.88 to 148.98, who has stated to 95.22 the Board of Psychology competencies in the diagnosis and 95.23 treatment of mental illness; 95.24 (5) in psychiatry, a physician licensed under chapter 147 95.25 and certified by the American Board of Psychiatry and Neurology 95.26 or eligible for board certification in psychiatry; and 95.27 (6) in marriage and family therapy, the mental health 95.28 professional must be a marriage and family therapist licensed 95.29 under sections 148B.29 to 148B.39, with at least two years of 95.30 post-master's supervised experience in the delivery of clinical 95.31 services in the treatment of mental illness. 95.32 Sec. 69. Minnesota Statutes 2004, section 319B.02, 95.33 subdivision 19, is amended to read: 95.34 Subd. 19. [PROFESSIONAL SERVICES.] "Professional services" 95.35 means services of the type required or permitted to be furnished 95.36 by a professional under a license, registration, or certificate 96.1 issued by the state of Minnesota to practice medicine and 96.2 surgery under sections 147.01 to 147.22, as a physician 96.3 assistant pursuant to sections 147A.01 to 147A.27, chiropractic 96.4 under sections 148.01 to 148.105, registered nursing under 96.5 sections 148.171 to 148.285, optometry under sections 148.52 to 96.6 148.62, psychology under sections 148.88 to 148.98, social work 96.7 undersections 148B.18 to 148B.289chapter 148D, dentistry and 96.8 dental hygiene under sections 150A.01 to 150A.12, pharmacy under 96.9 sections 151.01 to 151.40, podiatric medicine under sections 96.10 153.01 to 153.25, veterinary medicine under sections 156.001 to 96.11 156.14, architecture, engineering, surveying, landscape 96.12 architecture, geoscience, and certified interior design under 96.13 sections 326.02 to 326.15, accountancy under chapter 326A, or 96.14 law under sections 481.01 to 481.17, or under a license or 96.15 certificate issued by another state under similar laws. 96.16 Professional services includes services of the type required to 96.17 be furnished by a professional pursuant to a license or other 96.18 authority to practice law under the laws of a foreign nation. 96.19 Sec. 70. Minnesota Statutes 2004, section 319B.40, is 96.20 amended to read: 96.21 319B.40 [PROFESSIONAL HEALTH SERVICES.] 96.22 (a) Individuals who furnish professional services pursuant 96.23 to a license, registration, or certificate issued by the state 96.24 of Minnesota to practice medicine pursuant to sections 147.01 to 96.25 147.22, as a physician assistant pursuant to sections 147A.01 to 96.26 147A.27, chiropractic pursuant to sections 148.01 to 148.106, 96.27 registered nursing pursuant to sections 148.171 to 148.285, 96.28 optometry pursuant to sections 148.52 to 148.62, psychology 96.29 pursuant to sections 148.88 to 148.98, social work pursuant to 96.30sections 148B.18 to 148B.289chapter 148D, dentistry pursuant to 96.31 sections 150A.01 to 150A.12, pharmacy pursuant to sections 96.32 151.01 to 151.40, or podiatric medicine pursuant to sections 96.33 153.01 to 153.26 are specifically authorized to practice any of 96.34 these categories of services in combination if the individuals 96.35 are organized under this chapter. 96.36 (b) This authorization does not authorize an individual to 97.1 practice any profession, or furnish a professional service, for 97.2 which the individual is not licensed, registered, or certified, 97.3 but otherwise applies regardless of any contrary provision of a 97.4 licensing statute or rules adopted pursuant to that statute, 97.5 related to practicing and organizing in combination with other 97.6 health services professionals. 97.7 Sec. 71. [REPEALER.] 97.8 Subdivision 1. [REPEAL OF STATUTES.] Minnesota Statutes 97.9 2004, sections 148B.18; 148B.185; 148B.19; 148B.20; 148B.21; 97.10 148B.215; 148B.22; 148B.224; 148B.225; 148B.226; 148B.24; 97.11 148B.25; 148B.26; 148B.27; 148B.28; 148B.281; 148B.282; 97.12 148B.283; 148B.284; 148B.285; 148B.286; 148B.287; 148B.288; and 97.13 148B.289, are repealed. 97.14 Subd. 2. [REPEAL OF RULES.] Minnesota Rules, parts 97.15 8740.0100; 8740.0110; 8740.0120; 8740.0122; 8740.0130; 97.16 8740.0155; 8740.0185; 8740.0187; 8740.0200; 8740.0240; 97.17 8740.0260; 8740.0285; 8740.0300; 8740.0310; 8740.0315; 97.18 8740.0320; 8740.0325; 8740.0330; 8740.0335; 8740.0340; and 97.19 8740.0345, are repealed. 97.20 Sec. 72. [EFFECTIVE DATE.] 97.21 This article is effective January 1, 2006. 97.22 ARTICLE 2 97.23 BOARD OF PHYSICAL THERAPY 97.24 Section 1. Minnesota Statutes 2004, section 148.65, is 97.25 amended by adding a subdivision to read: 97.26 Subd. 3. [PHYSICAL THERAPIST ASSISTANT.] "Physical 97.27 therapist assistant" means a graduate of a physical therapist 97.28 assistant educational program accredited by the Commission on 97.29 Accreditation in Physical Therapy Education (CAPTE) or a 97.30 recognized comparable national accrediting agency approved by 97.31 the board. The physical therapist assistant, under the 97.32 direction and supervision of the physical therapist, performs 97.33 physical therapy interventions and assists with coordination, 97.34 communication, and documentation; and patient-client-related 97.35 instruction. The physical therapist is not required to be 97.36 on-site except as required under Minnesota Rules, part 98.1 5601.1500, but must be easily available by telecommunications. 98.2 Sec. 2. Minnesota Statutes 2004, section 148.65, is 98.3 amended by adding a subdivision to read: 98.4 Subd. 4. [PHYSICAL THERAPY AIDE.] "Physical therapy aide" 98.5 means a person, working under the direct supervision of a 98.6 physical therapist, who is not a physical therapist assistant as 98.7 defined in subdivision 3, who performs tasks as provided under 98.8 Minnesota Rules, part 5601.1400. 98.9 Sec. 3. Minnesota Statutes 2004, section 148.65, is 98.10 amended by adding a subdivision to read: 98.11 Subd. 5. [STUDENT PHYSICAL THERAPIST.] "Student physical 98.12 therapist" means a person in a professional educational program, 98.13 approved by the board under section 148.705, who is satisfying 98.14 supervised clinical education requirements by performing 98.15 physical therapy under the on-site supervision of a licensed 98.16 physical therapist. "On-site supervision" means the physical 98.17 therapist is easily available for instruction to the student 98.18 physical therapist. The physical therapist shall have direct 98.19 contact with the patient during at least every second treatment 98.20 session by the student physical therapist. Telecommunications, 98.21 except within the facility, does not meet the requirement of 98.22 on-site supervision. 98.23 Sec. 4. Minnesota Statutes 2004, section 148.65, is 98.24 amended by adding a subdivision to read: 98.25 Subd. 6. [STUDENT PHYSICAL THERAPIST ASSISTANT.] "Student 98.26 physical therapist assistant" means a person in a physical 98.27 therapist assistant educational program accredited by the 98.28 Commission on Accreditation in Physical Therapy Education 98.29 (CAPTE) or a recognized comparable national accrediting agency 98.30 approved by the board. The student physical therapist 98.31 assistant, under the direct supervision of the physical 98.32 therapist, or the direct supervision of the physical therapist 98.33 and physical therapist assistant, performs physical therapy 98.34 interventions and assists with coordination, communication, 98.35 documentation, and patient-client-related instruction. "Direct 98.36 supervision" means the physical therapist is physically present 99.1 and immediately available to provide instruction to the student 99.2 physical therapist assistant. 99.3 Sec. 5. Minnesota Statutes 2004, section 148.65, is 99.4 amended by adding a subdivision to read: 99.5 Subd. 7. [SUPPORTIVE PERSONNEL.] "Supportive personnel" 99.6 means a physical therapist assistant and a physical therapy aide. 99.7 Sec. 6. Minnesota Statutes 2004, section 148.706, is 99.8 amended to read: 99.9 148.706 [SUPERVISION OF ASSISTANTSAND, AIDES, AND 99.10 STUDENTS.] 99.11 Every physical therapist who uses the services ofana 99.12 physical therapist assistant or physical therapy aide for the 99.13 purpose of assisting in the practice of physical therapy is 99.14 responsible for functions performed by the assistant or aide 99.15 while engaged in such assistance. The physical therapist shall 99.16permit the assistant or aide to perform only those functions99.17which the therapist is authorized by rule to delegate to a99.18physical therapist assistant or assign to a physical therapy99.19aide and shall provide supervision as specifieddelegate duties 99.20 to the physical therapist assistant and assign tasks to the 99.21 physical therapy aide in accordance with Minnesota Rules, part 99.22 5601.1400. Physical therapists who instruct student physical 99.23 therapists and student physical therapist assistants are 99.24 responsible for the functions performed by the students and 99.25 shall supervise the students as provided under section 148.65, 99.26 subdivisions 5 and 6. 99.27 Sec. 7. [148.735] [CANCELLATION OF LICENSE IN GOOD 99.28 STANDING.] 99.29 Subdivision 1. [BOARD APPROVAL; REPORTING.] A physical 99.30 therapist holding an active license to practice physical therapy 99.31 in the state may, upon approval of the board, be granted license 99.32 cancellation if the board is not investigating the person as a 99.33 result of a complaint or information received or if the board 99.34 has not begun disciplinary proceedings against the person. Such 99.35 action by the board shall be reported as a cancellation of a 99.36 license in good standing. 100.1 Subd. 2. [FEES NONREFUNDABLE.] A physical therapist who 100.2 receives board approval for license cancellation is not entitled 100.3 to a refund of any license fees paid for the licensure year in 100.4 which cancellation of the license occurred. 100.5 Subd. 3. [NEW LICENSE AFTER CANCELLATION.] If a physical 100.6 therapist who has been granted board approval for license 100.7 cancellation desires to resume the practice of physical therapy 100.8 in Minnesota, that physical therapist must obtain a new license 100.9 by applying for licensure and fulfilling the requirements then 100.10 in existence for obtaining an initial license to practice 100.11 physical therapy in Minnesota. 100.12 Sec. 8. [148.736] [CANCELLATION OF CREDENTIALS UNDER 100.13 DISCIPLINARY ORDER.] 100.14 Subdivision 1. [BOARD APPROVAL; REPORTING.] A physical 100.15 therapist, whose right to practice is under suspension, 100.16 condition, limitation, qualification, or restriction by the 100.17 board may be granted cancellation of credentials by approval of 100.18 the board. Such action by the board shall be reported as 100.19 cancellation while under discipline. Credentials, for purposes 100.20 of this section, means board authorized documentation of the 100.21 privilege to practice physical therapy. 100.22 Subd. 2. [FEES NONREFUNDABLE.] A physical therapist who 100.23 receives board approval for credential cancellation is not 100.24 entitled to a refund of any fees paid for the credentialing year 100.25 in which cancellation of the credential occurred. 100.26 Subd. 3. [NEW CREDENTIAL AFTER CANCELLATION.] If a 100.27 physical therapist who has been granted board approval for 100.28 credential cancellation desires to resume the practice of 100.29 physical therapy in Minnesota, that physical therapist must 100.30 obtain a new credential by applying to the board and fulfilling 100.31 the requirements then in existence for obtaining an initial 100.32 credential to practice physical therapy in Minnesota. 100.33 Sec. 9. [148.737] [CANCELLATION OF LICENSE FOR 100.34 NONRENEWAL.] 100.35 The Board of Physical Therapy shall not renew, reissue, 100.36 reinstate, or restore a license that has lapsed on or after 101.1 January 1, 2006, and has not been renewed within two annual 101.2 license renewal cycles starting January 1, 2008. A licensee 101.3 whose license is canceled for nonrenewal must obtain a new 101.4 license by applying for licensure and fulfilling all 101.5 requirements then in existence for an initial license to 101.6 practice physical therapy in Minnesota. 101.7 Sec. 10. Minnesota Statutes 2004, section 148.75, is 101.8 amended to read: 101.9 148.75 [LICENSES; DENIAL, SUSPENSION, REVOCATION.] 101.10 (a) The state Board of Physical Therapy may refuse to grant 101.11 a license to any physical therapist, or may suspend or revoke 101.12 the license of any physical therapist for any of the following 101.13 grounds: 101.14 (1) using drugs or intoxicating liquors to an extent which 101.15 affects professional competence; 101.16 (2) conviction of a felony; 101.17 (3) conviction for violating any state or federal narcotic 101.18 law; 101.19 (4) obtaining a license or attempting to obtain a license 101.20 by fraud or deception; 101.21 (5) conduct unbecoming a person licensed as a physical 101.22 therapist or conduct detrimental to the best interests of the 101.23 public; 101.24 (6) gross negligence in the practice of physical therapy as 101.25 a physical therapist; 101.26 (7) treating human ailments by physical therapy after an 101.27 initial 30-day period of patient admittance to treatment has 101.28 lapsed, except by the order or referral of a person licensed in 101.29 this state in the practice of medicine as defined in section 101.30 147.081, the practice of chiropractic as defined in section 101.31 148.01, the practice of podiatry as defined in section 153.01, 101.32 or the practice of dentistry as defined in section 150A.05 and 101.33 whose license is in good standing; or when a previous diagnosis 101.34 exists indicating an ongoing condition warranting physical 101.35 therapy treatment, subject to periodic review defined by board 101.36 of physical therapy rule; 102.1 (8) treating human ailments, without referral, by physical 102.2 therapy treatment without first having practiced one year under 102.3 a physician's orders as verified by the board's records; 102.4 (9) failing to consult with the patient's health care 102.5 provider who prescribed the physical therapy treatment if the 102.6 treatment is altered by the physical therapist from the original 102.7 written order. The provision does not include written orders to 102.8 "evaluate and treat"; 102.9 (10) treating human ailments other than by physical therapy 102.10 unless duly licensed or registered to do so under the laws of 102.11 this state; 102.12 (11) inappropriate delegation to a physical therapist 102.13 assistant or inappropriate task assignment to an aide or 102.14 inadequate supervision ofeither level of supportive personnela 102.15 student physical therapist, physical therapist assistant, 102.16 student physical therapist assistant, or a physical therapy 102.17 aide; 102.18 (12) practicing as a physical therapist performing medical 102.19 diagnosis, the practice of medicine as defined in section 102.20 147.081, or the practice of chiropractic as defined in section 102.21 148.01; 102.22 (13) failing to comply with a reasonable request to obtain 102.23 appropriate clearance for mental or physical conditions that 102.24 would interfere with the ability to practice physical therapy, 102.25 and that may be potentially harmful to patients; 102.26 (14) dividing fees with, or paying or promising to pay a 102.27 commission or part of the fee to, any person who contacts the 102.28 physical therapist for consultation or sends patients to the 102.29 physical therapist for treatment; 102.30 (15) engaging in an incentive payment arrangement, other 102.31 than that prohibited by clause (14), that tends to promote 102.32 physical therapy overuse, that allows the referring person or 102.33 person who controls the availability of physical therapy 102.34 services to a client to profit unreasonably as a result of 102.35 patient treatment; 102.36 (16) practicing physical therapy and failing to refer to a 103.1 licensed health care professional a patient whose medical 103.2 condition at the time of evaluation has been determined by the 103.3 physical therapist to be beyond the scope of practice of a 103.4 physical therapist;and103.5 (17) failing to report to the board other licensed physical 103.6 therapists who violate this section; and 103.7 (18) practice of physical therapy under lapsed or 103.8 nonrenewed credentials. 103.9 (b) A license to practice as a physical therapist is 103.10 suspended if (1) a guardian of the physical therapist is 103.11 appointed by order of a court pursuant to sections 524.5-101 to 103.12 524.5-502, for reasons other than the minority of the physical 103.13 therapist; or (2) the physical therapist is committed by order 103.14 of a court pursuant to chapter 253B. The license remains 103.15 suspended until the physical therapist is restored to capacity 103.16 by a court and, upon petition by the physical therapist, the 103.17 suspension is terminated by the Board of Physical Therapy after 103.18 a hearing. 103.19 Sec. 11. [148.754] [EXAMINATION; ACCESS TO MEDICAL DATA.] 103.20 (a) If the board has probable cause to believe that a 103.21 physical therapist comes under section 148.75, paragraph (a), it 103.22 may direct the physical therapist to submit to a mental or 103.23 physical examination. For the purpose of this paragraph, every 103.24 physical therapist is deemed to have consented to submit to a 103.25 mental or physical examination when directed in writing by the 103.26 board and further to have waived all objections to the 103.27 admissibility of the examining physicians' testimony or 103.28 examination reports on the ground that they constitute a 103.29 privileged communication. Failure of the physical therapist to 103.30 submit to an examination when directed constitutes an admission 103.31 of the allegations against the person, unless the failure was 103.32 due to circumstances beyond the person's control, in which case 103.33 a default and final order may be entered without the taking of 103.34 testimony or presentation of evidence. A physical therapist 103.35 affected under this paragraph shall, at reasonable intervals, be 103.36 given an opportunity to demonstrate that the person can resume 104.1 the competent practice of physical therapy with reasonable skill 104.2 and safety to the public. 104.3 (b) In any proceeding under paragraph (a), neither the 104.4 record of proceedings nor the orders entered by the board shall 104.5 be used against a physical therapist in any other proceeding. 104.6 (c) In addition to ordering a physical or mental 104.7 examination, the board may, notwithstanding section 13.384, 104.8 144.651, or any other law limiting access to medical or other 104.9 health data, obtain medical data and health records relating to 104.10 a physical therapist or applicant without the person's or 104.11 applicant's consent if the board has probable cause to believe 104.12 that a physical therapist comes under paragraph (a). The 104.13 medical data may be requested from a provider, as defined in 104.14 section 144.335, subdivision 1, paragraph (b), an insurance 104.15 company, or a government agency, including the Department of 104.16 Human Services. A provider, insurance company, or government 104.17 agency shall comply with any written request of the board under 104.18 this paragraph and is not liable in any action for damages for 104.19 releasing the data requested by the board if the data are 104.20 released pursuant to a written request under this paragraph, 104.21 unless the information is false and the provider giving the 104.22 information knew, or had reason to believe, the information was 104.23 false. Information obtained under this paragraph is classified 104.24 as private under sections 13.01 to 13.87. 104.25 Sec. 12. [148.755] [TEMPORARY SUSPENSION OF LICENSE.] 104.26 In addition to any other remedy provided by law, the board 104.27 may, without a hearing, temporarily suspend the license of a 104.28 physical therapist if the board finds that the physical 104.29 therapist has violated a statute or rule which the board is 104.30 empowered to enforce and continued practice by the physical 104.31 therapist would create a serious risk of harm to the public. 104.32 The suspension shall take effect upon written notice to the 104.33 physical therapist, specifying the statute or rule violated. 104.34 The suspension shall remain in effect until the board issues a 104.35 final order in the matter after a hearing. At the time it 104.36 issues the suspension notice, the board shall schedule a 105.1 disciplinary hearing to be held pursuant to the Administrative 105.2 Procedure Act, chapter 14. The physical therapist shall be 105.3 provided with at least 20 days' notice of any hearing held 105.4 pursuant to this section. The hearing shall be scheduled to 105.5 begin no later than 30 days after the issuance of the suspension 105.6 order. 105.7 Sec. 13. [LICENSE ISSUANCE.] 105.8 Notwithstanding Minnesota Statutes, sections 148.65 to 105.9 148.78, the Board of Physical Therapy shall grant a physical 105.10 therapist license to an individual who has been issued physical 105.11 therapy licenses between 1980 and 1995 in at least three other 105.12 states and at least one foreign country and who applies before 105.13 August 1, 2005. 105.14 Sec. 14. [REPEALER.] 105.15 Minnesota Rules, part 5601.0100, subparts 3 and 4, are 105.16 repealed. 105.17 ARTICLE 3 105.18 BOARD OF PSYCHOLOGY 105.19 Section 1. Minnesota Statutes 2004, section 148.89, 105.20 subdivision 5, is amended to read: 105.21 Subd. 5. [PRACTICE OF PSYCHOLOGY.] "Practice of 105.22 psychology" means the observation, description, evaluation, 105.23 interpretation, or modification of human behavior by the 105.24 application of psychological principles, methods, or 105.25 procedures for any reason, including to prevent, eliminate, or 105.26 manage symptomatic, maladaptive, or undesired behavior and to 105.27 enhance interpersonal relationships, work, life and 105.28 developmental adjustment, personal and organizational 105.29 effectiveness, behavioral health, and mental health. The 105.30 practice of psychology includes, but is not limited to, the 105.31 following services, regardless of whether the provider receives 105.32 payment for the services: 105.33 (1) psychological research and teaching of psychology; 105.34 (2) assessment, including psychological testing and other 105.35 means of evaluating personal characteristics such as 105.36 intelligence, personality, abilities, interests, aptitudes, and 106.1 neuropsychological functioning; 106.2 (3) a psychological report, whether written or oral, 106.3 including testimony of a provider as an expert witness, 106.4 concerning the characteristics of an individual or entity; 106.5 (4) psychotherapy, including but not limited to, categories 106.6 such as behavioral, cognitive, emotive, systems, 106.7 psychophysiological, or insight-oriented therapies; counseling; 106.8 hypnosis; and diagnosis and treatment of: 106.9 (i) mental and emotional disorder or disability; 106.10 (ii) alcohol and substance dependence or abuse; 106.11 (iii) disorders of habit or conduct; 106.12 (iv) the psychological aspects of physical illness or 106.13 condition, accident, injury, or disability; 106.14 (v) life adjustment issues, including work-related and 106.15 bereavement issues; and 106.16 (vi) child, family, or relationship issues; 106.17 (5) psychoeducational services and treatment; and 106.18 (6) consultation and supervision. 106.19 Sec. 2. Minnesota Statutes 2004, section 148.90, 106.20 subdivision 1, is amended to read: 106.21 Subdivision 1. [BOARD OF PSYCHOLOGY.] (a) The Board of 106.22 Psychology is created with the powers and duties described in 106.23 this section. The board has 11 members who consist of: 106.24 (1) threepersonsindividuals licensed as licensed 106.25 psychologists who haveadoctoraldegreedegrees in psychology; 106.26 (2) twopersonsindividuals licensed as licensed 106.27 psychologists who haveamaster'sdegreedegrees in psychology; 106.28 (3) two psychologists, not necessarily licensed, one with a 106.29 doctoral degree in psychology who represents a doctoral training 106.30 program in psychology, and one who represents a master's degree 106.31 training program in psychology; 106.32 (4) onepersonindividual licensed or qualified to be 106.33 licensed as: (i) through December 31, 2010, a licensed 106.34 psychological practitioner; and (ii) after December 31, 2010, a 106.35 licensed psychologist; and 106.36 (5) three public members. 107.1 (b) After the date on which fewer than 30 percent of the 107.2personsindividuals licensed by the board as licensed 107.3 psychologists qualify for licensure under section 148.907, 107.4 subdivision 3, paragraph (b),the first vacancyvacancies filled 107.5 under paragraph (a), clause (2), shall be filled bya personan 107.6 individual with either a master's or doctoral degree in 107.7 psychology licensed or qualified to be licensed as a 107.8 licensedpsychological practitioner. From this date on, this107.9position when vacant shall be filled by a person licensed or107.10qualified to be licensed as a licensed psychological107.11practitionerpsychologist. 107.12 (c) After the date on which fewer than 15 percent of the 107.13personsindividuals licensed by the board as licensed 107.14 psychologists qualify for licensure under section 148.907, 107.15 subdivision 3, paragraph (b),the first vacancyvacancies under 107.16 paragraph (a), clause (2),for a licensed psychologistshall be 107.17 filled by an individual with either a master's or doctoral 107.18 degree in psychologyshall be filled by alicensed or qualified 107.19 to be licensed as a licensed psychologist.From this date on,107.20this position when vacant shall be filled by a person licensed107.21as a licensed psychologist.107.22 Sec. 3. Minnesota Statutes 2004, section 148.907, is 107.23 amended by adding a subdivision to read: 107.24 Subd. 5. [CONVERTING FROM A LICENSED PSYCHOLOGICAL 107.25 PRACTITIONER TO A LICENSED PSYCHOLOGIST.] Notwithstanding 107.26 subdivision 3, to convert from licensure as a licensed 107.27 psychological practitioner to licensure as a licensed 107.28 psychologist, a licensed psychological practitioner shall have: 107.29 (1) completed an application provided by the board for 107.30 conversion from licensure as a licensed psychological 107.31 practitioner to licensure as a licensed psychologist; 107.32 (2) paid a nonrefundable fee of $500; 107.33 (3) documented successful completion of two full years, or 107.34 the equivalent, of supervised postlicensure employment meeting 107.35 the requirements of section 148.925, subdivision 5, as it 107.36 relates to preparation for licensure as a licensed psychologist 108.1 as follows: 108.2 (i) for individuals licensed as licensed psychological 108.3 practitioners on or before December 31, 2006, the supervised 108.4 practice must be completed by December 31, 2010; and 108.5 (ii) for individuals licensed as licensed psychological 108.6 practitioners after December 31, 2006, the supervised practice 108.7 must be completed within four years from the date of licensure; 108.8 and 108.9 (4) no unresolved disciplinary action or complaints 108.10 pending, or incomplete disciplinary orders or corrective action 108.11 agreements in Minnesota or any other jurisdiction. 108.12 Sec. 4. Minnesota Statutes 2004, section 148.908, 108.13 subdivision 2, is amended to read: 108.14 Subd. 2. [REQUIREMENTS FOR LICENSURE AS A LICENSED 108.15 PSYCHOLOGICAL PRACTITIONER.] To become licensed by the board as 108.16 a licensed psychological practitioner, an applicant shall comply 108.17 with the following requirements: 108.18 (1)pass an examination in psychology;108.19(2) pass a professional responsibility examination on the108.20practice of psychology;108.21(3) pass any other examinations as required by board rules;108.22(4) pay nonrefundable fees to the board for applications,108.23processing, testing, renewals, and materials;108.24(5) have attained the age of majority, be of good moral108.25character, and have no unresolved disciplinary action or108.26complaints pending in the state of Minnesota or any other108.27jurisdiction; and108.28(6)have earned a doctoral or master's degree or the 108.29 equivalent of a master's degree in a doctoral program with a 108.30 major in psychology from a regionally accredited educational 108.31 institution meeting the standards the board has established by 108.32 rule. The degree requirements must be completed by December 31, 108.33 2005; 108.34 (2) complete an application for admission to the 108.35 examination for professional practice in psychology and pay the 108.36 nonrefundable application fee by December 31, 2005; 109.1 (3) complete an application for admission to the 109.2 professional responsibility examination and pay the 109.3 nonrefundable application fee by December 31, 2005; 109.4 (4) pass the examination for professional practice in 109.5 psychology by December 31, 2006; 109.6 (5) pass the professional responsibility examination by 109.7 December 31, 2006; 109.8 (6) complete an application for licensure as a licensed 109.9 psychological practitioner and pay the nonrefundable application 109.10 fee by March 1, 2007; and 109.11 (7) have attained the age of majority, be of good moral 109.12 character, and have no unresolved disciplinary action or 109.13 complaints pending in the state of Minnesota or any other 109.14 jurisdiction. 109.15 Sec. 5. Minnesota Statutes 2004, section 148.908, is 109.16 amended by adding a subdivision to read: 109.17 Subd. 3. [TERMINATION OF LICENSURE.] Effective December 109.18 31, 2011, the licensure of all licensed psychological 109.19 practitioners shall be terminated without further notice and 109.20 licensure as a licensed psychological practitioner in Minnesota 109.21 shall be eliminated. 109.22 Sec. 6. Minnesota Statutes 2004, section 148.909, is 109.23 amended to read: 109.24 148.909 [LICENSURE FOR VOLUNTEER PRACTICE.] 109.25 The board, at its discretion, may grant licensure for 109.26 volunteer practice to an applicant who: 109.27 (1)is a former licensee whois completely retired from the 109.28 practice of psychology; 109.29 (2) has no unresolved disciplinary action or complaints 109.30 pending in the state of Minnesota or any other jurisdiction; and 109.31 (3) has held a license, certificate, or registration to 109.32 practice psychology in any jurisdictionfor at least 15 years. 109.33 Sec. 7. Minnesota Statutes 2004, section 148.916, 109.34 subdivision 2, is amended to read: 109.35 Subd. 2. [PSYCHOLOGICAL CONSULTATIONS.] Notwithstanding 109.36 subdivision 1, a nonresident of the state of Minnesota, who is 110.1 not seeking licensure in this state, may serve as an expert 110.2 witness, organizational consultant, presenter, or educator 110.3 without obtaining guest licensure, provided the person is 110.4 appropriately trained, educated, or has been issued a license, 110.5 certificate, or registration by another jurisdiction. 110.6 Sec. 8. Minnesota Statutes 2004, section 148.925, 110.7 subdivision 6, is amended to read: 110.8 Subd. 6. [SUPERVISEE DUTIES.] Individuals preparing for 110.9 licensure as a licensed psychologist during their postdegree 110.10 supervised employment may perform as part of their training any 110.11 functions specified in section 148.89, subdivision 5, but only 110.12 under qualified supervision. 110.13 Sec. 9. Minnesota Statutes 2004, section 148.941, 110.14 subdivision 2, is amended to read: 110.15 Subd. 2. [GROUNDS FOR DISCIPLINARY ACTION; FORMS OF 110.16 DISCIPLINARY ACTION.] (a) The board may impose disciplinary 110.17 action as described in paragraph (b) against an applicant or 110.18 licensee whom the board, by a preponderance of the evidence, 110.19 determines: 110.20 (1) has violated a statute, rule, or order that the board 110.21 issued or is empowered to enforce; 110.22 (2) has engaged in fraudulent, deceptive, or dishonest 110.23 conduct, whether or not the conduct relates to the practice of 110.24 psychology, that adversely affects the person's ability or 110.25 fitness to practice psychology; 110.26 (3) has engaged in unprofessional conduct or any other 110.27 conduct which has the potential for causing harm to the public, 110.28 including any departure from or failure to conform to the 110.29 minimum standards of acceptable and prevailing practice without 110.30 actual injury having to be established; 110.31 (4) has been convicted of or has pled guilty or nolo 110.32 contendere to a felony or other crime, an element of which is 110.33 dishonesty or fraud, or has been shown to have engaged in acts 110.34 or practices tending to show that the applicant or licensee is 110.35 incompetent or has engaged in conduct reflecting adversely on 110.36 the applicant's or licensee's ability or fitness to engage in 111.1 the practice of psychology; 111.2 (5) has employed fraud or deception in obtaining or 111.3 renewing a license, in requesting approval of continuing 111.4 education activities, or in passing an examination; 111.5 (6) has had a license, certificate, charter, registration, 111.6 privilege to take an examination, or other similar authority 111.7 denied, revoked, suspended, canceled, limited, reprimanded, or 111.8 otherwise disciplined, or not renewed for cause in any 111.9 jurisdiction; or has surrendered or voluntarily terminated a 111.10 license or certificate during a board investigation of a 111.11 complaint, as part of a disciplinary order, or while under a 111.12 disciplinary order; 111.13 (7) has been subject to a corrective action or similar 111.14 action in another jurisdiction or by another regulatory 111.15 authority; 111.16 (8) has failed to meet any requirement for the issuance or 111.17 renewal of the person's license. The burden of proof is on the 111.18 applicant or licensee to demonstrate the qualifications or 111.19 satisfy the requirements for a license under the Psychology 111.20 Practice Act; 111.21 (9) has failed to cooperate with an investigation of the 111.22 board as required under subdivision 4; 111.23 (10) has demonstrated an inability to practice psychology 111.24 with reasonable skill and safety to clients due to any mental or 111.25 physical illness or condition; or 111.26 (11) has engaged in fee splitting. This clause does not 111.27 apply to the distribution of revenues from a partnership, group 111.28 practice, nonprofit corporation, or professional corporation to 111.29 its partners, shareholders, members, or employees if the 111.30 revenues consist only of fees for services performed by the 111.31 licensee or under a licensee's administrative authority. This 111.32 clause also does not apply to the charging of a general 111.33 membership fee by a licensee or applicant to health care 111.34 providers, as defined in section 144.335, for participation in a 111.35 referral service, provided that the licensee or applicant 111.36 discloses in advance to each referred client the financial 112.1 nature of the referral arrangement. Fee splitting includes, but 112.2 is not limited to: 112.3 (i) paying, offering to pay, receiving, or agreeing to 112.4 receive a commission, rebate, or remuneration, directly or 112.5 indirectly, primarily for the referral of clients; 112.6 (ii) dividing client fees with another individual or 112.7 entity, unless the division is in proportion to the services 112.8 provided and the responsibility assumed by each party; 112.9 (iii) referring an individual or entity to any health care 112.10 provider, as defined in section 144.335, or for other 112.11 professional or technical services in which the referring 112.12 licensee or applicant has a significant financial interest 112.13 unless the licensee has disclosed the financial interest in 112.14 advance to the client; and 112.15 (iv) dispensing for profit or recommending any instrument, 112.16 test, procedure, or device that for commercial purposes the 112.17 licensee or applicant has developed or distributed, unless the 112.18 licensee or applicant has disclosed any profit interest in 112.19 advance to the client. 112.20 (b) If grounds for disciplinary action exist under 112.21 paragraph (a), the board may take one or more of the following 112.22 actions: 112.23 (1) refuse to grant or renew a license; 112.24 (2) revoke a license; 112.25 (3) suspend a license; 112.26 (4) impose limitations or conditions on a licensee's 112.27 practice of psychology, including, but not limited to, limiting 112.28 the scope of practice to designated competencies, imposing 112.29 retraining or rehabilitation requirements, requiring the 112.30 licensee to practice under supervision, or conditioning 112.31 continued practice on the demonstration of knowledge or skill by 112.32 appropriate examination or other review of skill and competence; 112.33 (5) censure or reprimand the licensee; 112.34 (6) refuse to permit an applicant to take the licensure 112.35 examination or refuse to release an applicant's examination 112.36 grade if the board finds that it is in the public interest; or 113.1 (7) impose a civil penalty not exceeding $7,500 for each 113.2 separate violation. The amount of the penalty shall be fixed so 113.3 as to deprive the applicant or licensee of any economic 113.4 advantage gained by reason of the violation charged, to 113.5 discourage repeated violations, or to recover the board's costs 113.6 that occur in bringing about a disciplinary order. For purposes 113.7 of this clause, costs are limited to legal, paralegal, and 113.8 investigative charges billed to the board by the Attorney 113.9 General's Office, witness costs, consultant and expert witness 113.10 fees, and charges attendant to the use of an administrative law 113.11 judge. 113.12 (c) In lieu of or in addition to paragraph (b), the board 113.13 may require, as a condition ofcontinuedlicensure, termination 113.14 of suspension, reinstatement of license, examination, or release 113.15 of examination grades, that the applicant or licensee: 113.16 (1) submit to a quality review, as specified by the board, 113.17 of the applicant's or licensee's ability, skills, or quality of 113.18 work; 113.19 (2) complete to the satisfaction of the board educational 113.20 courses specified by the board; and 113.21 (3) reimburse to the board all costs incurred by the board 113.22 that are the result of a provider failing, neglecting, or 113.23 refusing to fully comply, or not complying in a timely manner, 113.24 with any part of the remedy section of a stipulation and consent 113.25 order or the corrective action section of an agreement for 113.26 corrective action. For purposes of this clause, costs are 113.27 limited to legal, paralegal, and investigative charges billed to 113.28 the board by the Attorney General's Office, witness costs, 113.29 consultant and expert witness fees, and charges attendant to the 113.30 use of an administrative law judge. 113.31 (d) Service of the order is effective if the order is 113.32 served on the applicant, licensee, or counsel of record 113.33 personally or by mail to the most recent address provided to the 113.34 board for the licensee, applicant, or counsel of record. The 113.35 order shall state the reasons for the entry of the order. 113.36 Sec. 10. Minnesota Statutes 2004, section 148.96, 114.1 subdivision 3, is amended to read: 114.2 Subd. 3. [REQUIREMENTS FOR REPRESENTATIONS TO PUBLIC.] (a) 114.3 Unless licensed under sections 148.88 to 148.98, except as 114.4 provided in paragraphs (b) through (e), persons shall not 114.5 represent themselves or permit themselves to be represented to 114.6 the public by: 114.7 (1) using any title or description of services 114.8 incorporating the words "psychology," "psychological," 114.9 "psychological practitioner," or "psychologist"; or 114.10 (2) representing that the person has expert qualifications 114.11 in an area of psychology. 114.12 (b) Psychologically trained individuals who are employed by 114.13 an educational institution recognized by a regional accrediting 114.14 organization, by a federal, state, county, or local government 114.15 institution,by agenciesagency, orbyresearch 114.16facilitiesfacility, may represent themselves by the title 114.17 designated by that organization provided that the title does not 114.18 indicate that the individual is credentialed by the board. 114.19 (c) A psychologically trained individual from an 114.20 institution described in paragraph (b) may offer lecture 114.21 services and is exempt from the provisions of this section. 114.22 (d) A person who is preparing for the practice of 114.23 psychology under supervision in accordance with board statutes 114.24 and rules may be designated as a "psychological intern," 114.25 "psychological trainee," or by other terms clearly describing 114.26 the person's training status. 114.27 (e) Former licensees who are completely retired from the 114.28 practice of psychology may represent themselves using the 114.29 descriptions in paragraph (a), clauses (1) and (2), but shall 114.30 not represent themselves or allow themselves to be represented 114.31 as current licensees of the board. 114.32 (f) Nothing in this section shall be construed to prohibit 114.33 the practice of school psychology by a person licensed in 114.34 accordance with chapters 122A and 129. 114.35 Section 11. [EFFECTIVE DATE.] 114.36 Sections 1 to 10 are effective the day following final 115.1 enactment. 115.2 ARTICLE 4 115.3 BOARD OF DENTAL PRACTICE 115.4 Section 1. Minnesota Statutes 2004, section 150A.01, 115.5 subdivision 6a, is amended to read: 115.6 Subd. 6a. [FACULTY DENTIST.] "Faculty dentist" means a 115.7 person who is licensed to practice dentistry as a faculty member 115.8 of a school of dentistry, pursuant to section 150A.06, 115.9 subdivision 1a. 115.10 Sec. 2. Minnesota Statutes 2004, section 150A.06, 115.11 subdivision 1a, is amended to read: 115.12 Subd. 1a. [FACULTY DENTISTS.] (a) Faculty members of a 115.13 school of dentistry must be licensed in order to practice 115.14 dentistry as defined in section 150A.05. The board may issue to 115.15 members of the faculty of a school of dentistry a license 115.16 designated as either a "limited faculty license" or a "full 115.17 faculty license" entitling the holder to practice dentistry 115.18 within the terms described in paragraph (b) or (c). The dean of 115.19 a school of dentistry and program directors of a Minnesota 115.20 dental hygiene or dental assisting school accredited by the 115.21 Commission on Dental Accreditation of the American Dental 115.22 Association shall certify to the board those members of the 115.23 school's faculty who practice dentistry but are not licensed to 115.24 practice dentistry in Minnesota. A faculty member who practices 115.25 dentistry as defined in section 150A.05, before beginning duties 115.26 in a school of dentistry or a dental hygiene or dental assisting 115.27 school, shall apply to the board for a limited or full faculty 115.28 license.The license expires the next July 1 and may, at the115.29discretion of the board, be renewed on a yearly basis.Pursuant 115.30 to Minnesota Rules, chapter 3100, and at the discretion of the 115.31 board, a limited faculty license must be renewed annually and a 115.32 full faculty license must be renewed biennially. The faculty 115.33 applicant shall pay a nonrefundable fee set by the board for 115.34 issuing and renewing the faculty license. The faculty license 115.35 is valid during the time the holder remains a member of the 115.36 faculty of a school of dentistry or a dental hygiene or dental 116.1 assisting school and subjects the holder to this chapter. 116.2 (b) The board may issue to dentist members of the faculty 116.3 of a Minnesota school of dentistry, dental hygiene, or dental 116.4 assisting accredited by the Commission on Dental Accreditation 116.5 of the American Dental Association, a license designated as a 116.6 limited faculty license entitling the holder to practice 116.7 dentistry within the school and its affiliated teaching 116.8 facilities, but only for the purposes of teaching or conducting 116.9 research. The practice of dentistry at a school facility for 116.10 purposes other than teaching or research is not allowed unless 116.11 the dentist was a faculty member on August 1, 1993. 116.12 (c) The board may issue to dentist members of the faculty 116.13 of a Minnesota school of dentistry, dental hygiene, or dental 116.14 assisting accredited by the Commission on Dental Accreditation 116.15 of the American Dental Association a license designated as a 116.16 full faculty license entitling the holder to practice dentistry 116.17 within the school and its affiliated teaching facilities and 116.18 elsewhere if the holder of the license is employed 50 percent 116.19 time or more by the school in the practice of teaching or 116.20 research, and upon successful review by the board of the 116.21 applicant's qualifications as described in subdivisions 1, 1c, 116.22 and 4 and board rule. The board, at its discretion, may waive 116.23 specific licensing prerequisites. 116.24 Sec. 3. [150A.091] [FEES.] 116.25 Subdivision 1. [FEE REFUNDS.] No fee may be refunded for 116.26 any reason. 116.27 Subd. 2. [APPLICATION FEES.] Each applicant for licensure 116.28 or registration shall submit with a license or registration 116.29 application a nonrefundable fee in the following amounts in 116.30 order to administratively process an application: 116.31 (1) dentist, $140; 116.32 (2) limited faculty dentist, $140; 116.33 (3) resident dentist, $55; 116.34 (4) dental hygienist, $55; 116.35 (5) registered dental assistant, $35; and 116.36 (6) dental assistant with a limited registration, $15. 117.1 Subd. 3. [INITIAL LICENSE OR REGISTRATION FEES.] Along 117.2 with the application fee, each of the following licensees or 117.3 registrants shall submit a separate prorated initial license or 117.4 registration fee. The prorated initial fee shall be established 117.5 by the board based on the number of months of the licensee's or 117.6 registrant's initial term as described in Minnesota Rules, part 117.7 3100.1700, subpart 1a, not to exceed the following monthly fee 117.8 amounts: 117.9 (1) dentist, $14 times the number of months of the initial 117.10 term; 117.11 (2) dental hygienist, $5 times the number of months of the 117.12 initial term; 117.13 (3) registered dental assistant, $3 times the number of 117.14 months of initial term; and 117.15 (4) dental assistant with a limited registration, $1 times 117.16 the number of months of the initial term. 117.17 Subd. 4. [ANNUAL LICENSE FEES.] Each limited faculty or 117.18 resident dentist shall submit with an annual license renewal 117.19 application a fee established by the board not to exceed the 117.20 following amounts: 117.21 (1) limited faculty dentist, $168; and 117.22 (2) resident dentist, $59. 117.23 Subd. 5. [BIENNIAL LICENSE OR REGISTRATION FEES.] Each of 117.24 the following licensees or registrants shall submit with a 117.25 biennial license or registration renewal application a fee as 117.26 established by the board, not to exceed the following amounts: 117.27 (1) dentist, $336; 117.28 (2) dental hygienist, $118; 117.29 (3) registered dental assistant, $80; and 117.30 (4) dental assistant with a limited registration, $24. 117.31 Subd. 6. [ANNUAL LICENSE LATE FEE.] Applications for 117.32 renewal of any license received after the time specified in 117.33 Minnesota Rules, part 3100.1750, must be assessed a late fee 117.34 equal to 50 percent of the annual renewal fee. 117.35 Subd. 7. [BIENNIAL LICENSE OR REGISTRATION LATE 117.36 FEE.] Applications for renewal of any license or registration 118.1 received after the time specified in Minnesota Rules, part 118.2 3100.1700, must be assessed a late fee equal to 25 percent of 118.3 the biennial renewal fee. 118.4 Subd. 8. [DUPLICATE LICENSE OR REGISTRATION FEE.] Each 118.5 licensee or registrant shall submit, with a request for issuance 118.6 of a duplicate of the original license or registration, or of an 118.7 annual or biennial renewal of it, a fee in the following amounts: 118.8 (1) original dentist or dental hygiene license, $35; and 118.9 (2) initial and renewal registration certificates and 118.10 license renewal certificates, $10. 118.11 Subd. 9. [LICENSURE AND REGISTRATION BY CREDENTIALS.] Each 118.12 applicant for licensure as a dentist or dental hygienist or for 118.13 registration as a registered dental assistant by credentials 118.14 pursuant to section 150A.06, subdivisions 4 and 8, and Minnesota 118.15 Rules, part 3100.1400, shall submit with the license or 118.16 registration application a fee in the following amounts: 118.17 (1) dentist, $725; 118.18 (2) dental hygienist, $175; and 118.19 (3) registered dental assistant, $35. 118.20 Subd. 10. [REINSTATEMENT FEE.] No dentist, dental 118.21 hygienist, or registered dental assistant whose license or 118.22 registration has been suspended or revoked may have the license 118.23 or registration reinstated or a new license or registration 118.24 issued until a fee has been submitted to the board in the 118.25 following amounts: 118.26 (1) dentist, $140; 118.27 (2) dental hygienist, $55; and 118.28 (3) registered dental assistant, $35. 118.29 Subd. 11. [CERTIFICATE APPLICATION FEE FOR 118.30 ANESTHESIA/SEDATION.] Each dentist shall submit with a general 118.31 anesthesia or conscious sedation application a fee as 118.32 established by the board not to exceed the following amounts: 118.33 (1) for both a general anesthesia and conscious sedation 118.34 application, $50; 118.35 (2) for a general anesthesia application only, $50; and 118.36 (3) for a conscious sedation application only, $50. 119.1 Subd. 12. [DUPLICATE CERTIFICATE FEE FOR 119.2 ANESTHESIA/SEDATION.] Each dentist shall submit with a request 119.3 for issuance of a duplicate of the original general anesthesia 119.4 or conscious sedation certificate a fee in the amount of $10. 119.5 Subd. 13. [ON-SITE INSPECTION FEE.] An on-site inspection 119.6 fee must be paid to the individual, organization, or agency 119.7 conducting the inspection and be limited to a maximum fee as 119.8 determined by the board. Travel, lodging, and other expenses 119.9 are not part of the on-site inspection fee. 119.10 Subd. 14. [AFFIDAVIT OF LICENSURE.] Each licensee or 119.11 registrant shall submit with a request for an affidavit of 119.12 licensure a fee in the amount of $10. 119.13 Subd. 15. [VERIFICATION OF LICENSURE.] Each institution or 119.14 corporation shall submit with a request for verification of a 119.15 license or registration a fee in the amount of $5 for each 119.16 license or registration to be verified. 119.17 Sec. 4. Minnesota Statutes 2004, section 150A.10, 119.18 subdivision 1a, is amended to read: 119.19 Subd. 1a. [LIMITED AUTHORIZATION FOR DENTAL HYGIENISTS.] 119.20 (a) Notwithstanding subdivision 1, a dental hygienist licensed 119.21 under this chapter may be employed or retained by a health care 119.22 facility, program, or nonprofit organization to perform dental 119.23 hygiene services described under paragraph (b) without the 119.24 patient first being examined by a licensed dentist if the dental 119.25 hygienist: 119.26 (1) has been engaged in the active practice of clinical 119.27 dental hygiene for not less than 2,400 hours in the past 18 119.28 months or a career total of 3,000 hours, including a minimum of 119.29 200 hours of clinical practice in two of the past three years; 119.30 (2) has entered into a collaborative agreement with a 119.31 licensed dentist that designates authorization for the services 119.32 provided by the dental hygienist; 119.33 (3) has documented participation in courses in infection 119.34 control and medical emergencies within each continuing education 119.35 cycle; and 119.36 (4) maintains current certification in advanced or basic 120.1 cardiac life support as recognized by the American Heart 120.2 Association, the American Red Cross, or another agency that is 120.3 equivalent to the American Heart Association or the American Red 120.4 Cross. 120.5 (b) The dental hygiene services authorized to be performed 120.6 by a dental hygienist under this subdivision are limited to: 120.7 (1) oral health promotion and disease prevention education; 120.8 (2) removal of deposits and stains from the surfaces of the 120.9 teeth; 120.10 (3) application of topical preventive or prophylactic 120.11 agents, including fluoride varnishes and pit and fissure 120.12 sealants; 120.13 (4) polishing and smoothing restorations; 120.14 (5) removal of marginal overhangs; 120.15 (6) performance of preliminary charting; 120.16 (7) taking of radiographs; and 120.17 (8) performance of scaling and root planing. 120.18 The dental hygienist shall not perform injections of anesthetic 120.19 agents or the administration of nitrous oxide unless 120.20 under either the indirect or general supervision of a licensed 120.21 dentist. Collaborating dental hygienists may work with 120.22 unregistered and registered dental assistants who may only 120.23 perform duties for which registration is not required. The 120.24 performance of dental hygiene services in a health care 120.25 facility, program, or nonprofit organization as authorized under 120.26 this subdivision is limited to patients, students, and residents 120.27 of the facility, program, or organization. 120.28 (c) A collaborating dentist must be licensed under this 120.29 chapter and may enter into a collaborative agreement with no 120.30 more than four dental hygienists unless otherwise authorized by 120.31 the board. The board shall develop parameters and a process for 120.32 obtaining authorization to collaborate with more than four 120.33 dental hygienists. The collaborative agreement must include: 120.34 (1) consideration for medically compromised patients and 120.35 medical conditions for which a dental evaluation and treatment 120.36 plan must occur prior to the provision of dental hygiene 121.1 services; 121.2 (2) age- and procedure-specific standard collaborative 121.3 practice protocols, including recommended intervals for the 121.4 performance of dental hygiene services and a period of time in 121.5 which an examination by a dentist should occur; 121.6 (3) copies of consent to treatment form provided to the 121.7 patient by the dental hygienist; 121.8 (4) specific protocols for the placement of pit and fissure 121.9 sealants and requirements for follow-up care to assure the 121.10 efficacy of the sealants after application; and 121.11 (5) a procedure for creating and maintaining dental records 121.12 for the patients that are treated by the dental hygienist. This 121.13 procedure must specify where these records are to be located. 121.14 The collaborative agreement must be signed and maintained by the 121.15 dentist, the dental hygienist, and the facility, program, or 121.16 organization; must be reviewed annually by the collaborating 121.17 dentist and dental hygienist; and must be made available to the 121.18 board upon request. 121.19 (d) Before performing any services authorized under this 121.20 subdivision, a dental hygienist must provide the patient with a 121.21 consent to treatment form which must include a statement 121.22 advising the patient that the dental hygiene services provided 121.23 are not a substitute for a dental examination by a licensed 121.24 dentist. If the dental hygienist makes any referrals to the 121.25 patient for further dental procedures, the dental hygienist must 121.26 fill out a referral form and provide a copy of the form to the 121.27 collaborating dentist. 121.28 (e) For the purposes of this subdivision, a "health care 121.29 facility, program, or nonprofit organization" is limited to a 121.30 hospital; nursing home; home health agency; group home serving 121.31 the elderly, disabled, or juveniles; state-operated facility 121.32 licensed by the commissioner of human services or the 121.33 commissioner of corrections; and federal, state, or local public 121.34 health facility, community clinic, tribal clinic, school 121.35 authority, Head Start program, or nonprofit organization that 121.36 serves individuals who are uninsured or who are Minnesota health 122.1 care public program recipients. 122.2 (f) For purposes of this subdivision, a "collaborative 122.3 agreement" means a written agreement with a licensed dentist who 122.4 authorizes and accepts responsibility for the services performed 122.5 by the dental hygienist. The services authorized under this 122.6 subdivision and the collaborative agreement may be performed 122.7 without the presence of a licensed dentist and may be performed 122.8 at a location other than the usual place of practice of the 122.9 dentist or dental hygienist and without a dentist's diagnosis 122.10 and treatment plan, unless specified in the collaborative 122.11 agreement. 122.12 ARTICLE 5 122.13 BOARD OF BEHAVIORAL THERAPY AND HEALTH 122.14 (LICENSED PROFESSIONAL COUNSELORS AND 122.15 ALCOHOL AND DRUG COUNSELORS) 122.16 Section 1. Minnesota Statutes 2004, section 148B.53, 122.17 subdivision 1, is amended to read: 122.18 Subdivision 1. [GENERAL REQUIREMENTS.] (a) To be licensed 122.19 as a licensed professional counselor (LPC), an applicant must 122.20 provide evidence satisfactory to the board that the applicant: 122.21 (1) is at least 18 years of age; 122.22 (2) is of good moral character; 122.23 (3) has completed a master's or doctoral degree program in 122.24 counseling or a related field, as determined by the board based 122.25 on the criteria in paragraph (b), that includes a minimum of 48 122.26 semester hours or 72 quarter hours and a supervised field 122.27 experience of not fewer than 700 hours that is counseling in 122.28 nature; 122.29 (4) has submitted to the board a plan for supervision 122.30 during the first 2,000 hours of professional practice or has 122.31 submitted proof of supervised professional practice that is 122.32 acceptable to the board; and 122.33 (5) has demonstrated competence in professional counseling 122.34 by passing the National Counseling Exam (NCE) administered by 122.35 the National Board for Certified Counselors, Inc. (NBCC) 122.36including obtaining a passing score on the examination accepted123.1by the board based on the determinations made by the NBCCor an 123.2 equivalent national examination as determined by the board, and 123.3 ethical, oral, and situational examinations if prescribed by the 123.4 board. 123.5 (b) The degree described in paragraph (a), clause (3), must 123.6 be from a counseling program recognized by the Council for 123.7 Accreditation of Counseling and Related Education Programs 123.8 (CACREP) or from an institution of higher education that is 123.9 accredited by a regional accrediting organization recognized by 123.10 the Council for Higher Education Accreditation (CHEA). Specific 123.11 academic course content and training mustmeet standards123.12established by the CACREP, includinginclude course work in each 123.13 of the following subject areas: 123.14 (1) the helping relationship, including counseling theory 123.15 and practice; 123.16 (2) human growth and development; 123.17 (3) lifestyle and career development; 123.18 (4) group dynamics, processes, counseling, and consulting; 123.19 (5) assessment and appraisal; 123.20 (6) social and cultural foundations, including 123.21 multicultural issues; 123.22 (7) principles of etiology, treatment planning, and 123.23 prevention of mental and emotional disorders and dysfunctional 123.24 behavior; 123.25 (8) family counseling and therapy; 123.26 (9) research and evaluation; and 123.27 (10) professional counseling orientation and ethics. 123.28 (c) To be licensed as a professional counselor, a 123.29 psychological practitioner licensed under section 148.908 need 123.30 only show evidence of licensure under that section and is not 123.31 required to comply with paragraph (a), clauses (1) to (3) and 123.32 (5), or paragraph (b). 123.33 (d) To be licensed as a professional counselor, a Minnesota 123.34 licensed psychologist need only show evidence of licensure from 123.35 the Minnesota Board of Psychology and is not required to comply 123.36 with paragraph (a) or (b). 124.1 Sec. 2. Minnesota Statutes 2004, section 148B.53, 124.2 subdivision 3, is amended to read: 124.3 Subd. 3. [FEE.]Each applicant shall pay a124.4 Nonrefundablefeefees are as follows: 124.5 (1) initial license application fee for licensed 124.6 professional counseling (LPC) - $250; 124.7 (2) annual active license renewal fee for LPC - $200 or 124.8 equivalent; 124.9 (3) annual inactive license renewal fee for LPC - $100; 124.10 (4) license renewal late fee - $100 per month or portion 124.11 thereof; 124.12 (5) copy of board order or stipulation - $10; 124.13 (6) certificate of good standing or license verification - 124.14 $10; 124.15 (7) duplicate certificate fee - $10; 124.16 (8) professional firm renewal fee - $25; 124.17 (9) initial registration fee - $50; and 124.18 (10) annual registration renewal fee - $25. 124.19 Sec. 3. [148B.531] [POSTDEGREE COMPLETION OF DEGREE 124.20 REQUIREMENTS FOR LICENSURE.] 124.21 An individual whose degree upon which licensure is to be 124.22 based included less than 48 semester hours or 72 quarter hours, 124.23 who did not complete 700 hours of supervised professional 124.24 practice as part of the degree program, or who did not complete 124.25 course work in all of the content areas required by section 124.26 148B.53, subdivision 1, paragraph (b), may complete these 124.27 requirements postdegree in order to obtain licensure, if: 124.28 (1) all course work and field experiences are completed 124.29 through an institution of higher education that is accredited by 124.30 a regional accrediting organization recognized by the Council 124.31 for Higher Education Accreditation (CHEA) or through a 124.32 counseling program recognized by the Council for Accreditation 124.33 of Counseling and Related Education Programs (CACREP); 124.34 (2) all course work and field experiences are taken and 124.35 passed for credit; and 124.36 (3) no more than 20 semester credits or 30 quarter credits 125.1 are completed postdegree for purposes of licensure unless the 125.2 credits are earned as part of an organized sequence of study. 125.3 Sec. 4. Minnesota Statutes 2004, section 148B.54, 125.4 subdivision 2, is amended to read: 125.5 Subd. 2. [CONTINUING EDUCATION.] At the completion of the 125.6 firsttwofour years of licensure, a licensee must provide 125.7 evidence satisfactory to the board of completion of 12 125.8 additional postgraduate semester credit hours or its equivalent 125.9 in counseling as determined by the board, except that no 125.10 licensee shall be required to show evidence of greater than 60 125.11 semester hours or its equivalent. Thereafter, at the time of 125.12 renewal, each licensee shall provide evidence satisfactory to 125.13 the board that the licensee has completed during each two-year 125.14 period at least the equivalent of 40 clock hours of professional 125.15 postdegree continuing education in programs approved by the 125.16 board and continues to be qualified to practice under sections 125.17 148B.50 to 148B.593. 125.18 Sec. 5. [148B.555] [EXPERIENCED COUNSELOR TRANSITION.] 125.19 (a) An applicant for licensure who, prior to December 31, 125.20 2003, completed a master's or doctoral degree program in 125.21 counseling or a related field, as determined by the board, and 125.22 whose degree was from a counseling program recognized by the 125.23 Council for Accreditation of Counseling and Related Education 125.24 Programs (CACREP) or from an institution of higher education 125.25 that is accredited by a regional accrediting organization 125.26 recognized by the Council for Higher Education Accreditation 125.27 (CHEA), need not comply with the requirements of section 125.28 148B.53, subdivision 1, paragraph (a), clause (3), or (b), so 125.29 long as the applicant can document five years of full-time 125.30 postdegree work experience within the practice of professional 125.31 counseling as defined under section 148B.50, subdivisions 4 and 125.32 5. 125.33 (b) This section expires July 1, 2007. 125.34 Sec. 6. [148B.561] [RETALIATORY PROVISIONS.] 125.35 If by the laws of any state or the rulings or decisions of 125.36 the appropriate officers or boards thereof, any burden, 126.1 obligation, requirement, disqualification, or disability is put 126.2 upon licensed professional counselors licensed and in good 126.3 standing in this state, affecting the right of these licensed 126.4 professional counselors to be registered or licensed in that 126.5 state, then the same or like burden, obligation, requirement, 126.6 disqualification, or disability may be put upon the licensure in 126.7 this state of licensed professional counselors registered in 126.8 that state. 126.9 Sec. 7. Minnesota Statutes 2004, section 148B.59, is 126.10 amended to read: 126.11 148B.59 [GROUNDS FOR DISCIPLINARY ACTION; FORMS OF 126.12 DISCIPLINARY ACTION; RESTORATION OF LICENSE.] 126.13 (a) The board may impose disciplinary action as described 126.14 in paragraph (b) against an applicant or licensee whom the 126.15 board, by a preponderance of the evidence, determines: 126.16 (1) has violated a statute, rule, or order that the board 126.17 issued or is empowered to enforce; 126.18 (2) has engaged in fraudulent, deceptive, or dishonest 126.19 conduct, whether or not the conduct relates to the practice of 126.20 licensed professional counseling, that adversely affects the 126.21 person's ability or fitness to practice professional counseling; 126.22 (3) has engaged in unprofessional conduct or any other 126.23 conduct which has the potential for causing harm to the public, 126.24 including any departure from or failure to conform to the 126.25 minimum standards of acceptable and prevailing practice without 126.26 actual injury having to be established; 126.27 (4) has been convicted of or has pled guilty or nolo 126.28 contendere to a felony or other crime, an element of which is 126.29 dishonesty or fraud, or has been shown to have engaged in acts 126.30 or practices tending to show that the applicant or licensee is 126.31 incompetent or has engaged in conduct reflecting adversely on 126.32 the applicant's or licensee's ability or fitness to engage in 126.33 the practice of professional counseling; 126.34 (5) has employed fraud or deception in obtaining or 126.35 renewing a license, or in passing an examination; 126.36 (6) has had any counseling license, certificate, 127.1 registration, privilege to take an examination, or other similar 127.2 authority denied, revoked, suspended, canceled, limited, or not 127.3 renewed for cause in any jurisdiction or has surrendered or 127.4 voluntarily terminated a license or certificate during a board 127.5 investigation of a complaint, as part of a disciplinary order, 127.6 or while under a disciplinary order; 127.7 (7) has failed to meet any requirement for the issuance or 127.8 renewal of the person's license. The burden of proof is on the 127.9 applicant or licensee to demonstrate the qualifications or 127.10 satisfy the requirements for a license under the Licensed 127.11 Professional Counseling Act; 127.12 (8) has failed to cooperate with an investigation of the 127.13 board; 127.14 (9) has demonstrated an inability to practice professional 127.15 counseling with reasonable skill and safety to clients due to 127.16 any mental or physical illness or condition; 127.17 (10) has engaged in fee splitting. This clause does not 127.18 apply to the distribution of revenues from a partnership, group 127.19 practice, nonprofit corporation, or professional corporation to 127.20 its partners, shareholders, members, or employees if the 127.21 revenues consist only of fees for services performed by the 127.22 licensee or under a licensee's administrative authority. Fee 127.23 splitting includes, but is not limited to: 127.24 (i) dividing fees with another person or a professional 127.25 corporation, unless the division is in proportion to the 127.26 services provided and the responsibility assumed by each 127.27 professional;and127.28 (ii) referring a client to any health care provider as 127.29 defined in section 144.335 in which the referring licensee has a 127.30 significant financial interest, unless the licensee has 127.31 disclosed in advance to the client the licensee's own financial 127.32 interest;orand 127.33 (iii) paying, offering to pay, receiving, or agreeing to 127.34 receive a commission, rebate, or remuneration, directly or 127.35 indirectly, primarily for the referral of clients; 127.36 (11) has engaged in conduct with apatientclient that is 128.1 sexual or may reasonably be interpreted by thepatientclient as 128.2 sexual, or in any verbal behavior that is seductive or sexually 128.3 demeaning to apatientclient; 128.4 (12) has been subject to a corrective action or similar 128.5 action in another jurisdiction or by another regulatory 128.6 authority; or 128.7 (13) has been adjudicated as mentally incompetent, mentally 128.8 ill, or mentally retarded or as a chemically dependent person, a 128.9 person dangerous to the public, a sexually dangerous person, or 128.10 a person who has a sexual psychopathic personality by a court of 128.11 competent jurisdiction within this state or an equivalent 128.12 adjudication from another state. Adjudication automatically 128.13 suspends a license for the duration thereof unless the board 128.14 orders otherwise. 128.15 (b) If grounds for disciplinary action exist under 128.16 paragraph (a), the board may take one or more of the following 128.17 actions: 128.18 (1) refuse to grant or renew a license; 128.19 (2) revoke a license; 128.20 (3) suspend a license; 128.21 (4) impose limitations or conditions on a licensee's 128.22 practice of professional counseling, including, but not limited 128.23 to, limiting the scope of practice to designated competencies, 128.24 imposing retraining or rehabilitation requirements, requiring 128.25 the licensee to practice under supervision, or conditioning 128.26 continued practice on the demonstration of knowledge or skill by 128.27 appropriate examination or other review of skill and competence; 128.28 (5) censure or reprimand the licensee; 128.29 (6) refuse to permit an applicant to take the licensure 128.30 examination or refuse to release an applicant's examination 128.31 grade if the board finds that it is in the public interest; or 128.32 (7) impose a civil penalty not exceeding $10,000 for each 128.33 separate violation, the amount of the civil penalty to be fixed 128.34 so as to deprive the applicant or licensee of any economic 128.35 advantage gained by reason of the violation charged, to 128.36 discourage similar violations or to reimburse the board for the 129.1 cost of the investigation and proceeding, including, but not 129.2 limited to, fees paid for services provided by the Office of 129.3 Administrative Hearings, legal and investigative services 129.4 provided by the Office of the Attorney General, court reporters, 129.5 witnesses, reproduction of records, board members' per diem 129.6 compensation, board staff time, and travel costs and expenses 129.7 incurred by board staff and board members. 129.8 (c) In lieu of or in addition to paragraph (b), the board 129.9 may require, as a condition of continued licensure, termination 129.10 of suspension, reinstatement of license, examination, or release 129.11 of examination grades, that the applicant or licensee: 129.12 (1) submit to a quality review, as specified by the board, 129.13 of the applicant's or licensee's ability, skills, or quality of 129.14 work; and 129.15 (2) complete to the satisfaction of the board educational 129.16 courses specified by the board. 129.17 The board may also refer a licensee, if appropriate, to the 129.18 health professionals services program described in sections 129.19 214.31 to 214.37. 129.20 (d) Service of the order is effective if the order is 129.21 served on the applicant, licensee, or counsel of record 129.22 personally or by mail to the most recent address provided to the 129.23 board for the licensee, applicant, or counsel of record. The 129.24 order shall state the reasons for the entry of the order. 129.25 Sec. 8. [148B.5901] [TEMPORARY SUSPENSION OF LICENSE.] 129.26 (a) In addition to any other remedy provided by law, the 129.27 board may issue an order to temporarily suspend the credentials 129.28 of a licensee after conducting a preliminary inquiry to 129.29 determine if the board reasonably believes that the licensee has 129.30 violated a statute or rule that the board is empowered to 129.31 enforce and whether continued practice by the licensee would 129.32 create an imminent risk of harm to others. 129.33 (b) The order may prohibit the licensee from engaging in 129.34 the practice of licensed professional counseling in whole or in 129.35 part and may condition the end of a suspension on the licensee's 129.36 compliance with a statute, rule, or order that the board has 130.1 issued or is empowered to enforce. 130.2 (c) The order shall give notice of the right to a hearing 130.3 according to this subdivision and shall state the reasons for 130.4 the entry of the order. 130.5 (d) Service of the order is effective when the order is 130.6 served on the licensee personally or by certified mail, which is 130.7 complete upon receipt, refusal, or return for nondelivery to the 130.8 most recent address provided to the board for the licensee. 130.9 (e) At the time the board issues a temporary suspension 130.10 order, the board shall schedule a hearing to be held before its 130.11 own members. The hearing shall begin no later than 60 days 130.12 after issuance of the temporary suspension order or within 15 130.13 working days of the date of the board's receipt of a request for 130.14 hearing by a licensee, on the sole issue of whether there is a 130.15 reasonable basis to continue, modify, or lift the temporary 130.16 suspension. The hearing is not subject to chapter 14. Evidence 130.17 presented by the board or the licensee shall be in affidavit 130.18 form only. The licensee or counsel of record may appear for 130.19 oral argument. 130.20 (f) Within five working days of the hearing, the board 130.21 shall issue its order and, if the suspension is continued, 130.22 schedule a contested case hearing within 30 days of the issuance 130.23 of the order. Notwithstanding chapter 14, the administrative 130.24 law judge shall issue a report within 30 days after closing the 130.25 contested case hearing record. The board shall issue a final 130.26 order within 30 days of receipt of the administrative law 130.27 judge's report. 130.28 Sec. 9. [148B.5905] [MENTAL, PHYSICAL, OR CHEMICAL 130.29 DEPENDENCY EXAMINATION OR EVALUATION; ACCESS TO MEDICAL DATA.] 130.30 (a) If the board has probable cause to believe section 130.31 148B.59, paragraph (a), clause (9), applies to a licensee or 130.32 applicant, the board may direct the person to submit to a 130.33 mental, physical, or chemical dependency examination or 130.34 evaluation. For the purpose of this section, every licensee and 130.35 applicant is deemed to have consented to submit to a mental, 130.36 physical, or chemical dependency examination or evaluation when 131.1 directed in writing by the board and to have waived all 131.2 objections to the admissibility of the examining professionals' 131.3 testimony or examination reports on the grounds that the 131.4 testimony or examination reports constitute a privileged 131.5 communication. Failure of a licensee or applicant to submit to 131.6 an examination when directed by the board constitutes an 131.7 admission of the allegations against the person, unless the 131.8 failure was due to circumstances beyond the person's control, in 131.9 which case a default and final order may be entered without the 131.10 taking of testimony or presentation of evidence. A licensee or 131.11 applicant affected under this paragraph shall at reasonable 131.12 intervals be given an opportunity to demonstrate that the person 131.13 can resume the competent practice of licensed professional 131.14 counseling with reasonable skill and safety to the public. In 131.15 any proceeding under this paragraph, neither the record of 131.16 proceedings nor the orders entered by the board shall be used 131.17 against a licensee or applicant in any other proceeding. 131.18 (b) In addition to ordering a physical or mental 131.19 examination, the board may, notwithstanding section 13.384, 131.20 144.651, or any other law limiting access to medical or other 131.21 health data, obtain medical data and health records relating to 131.22 a licensee or applicant without the licensee's or applicant's 131.23 consent if the board has probable cause to believe that section 131.24 148B.59, paragraph (a), clause (9), applies to the licensee or 131.25 applicant. The medical data may be requested from a provider, 131.26 as defined in section 144.335, subdivision 1, paragraph (b); an 131.27 insurance company; or a government agency, including the 131.28 Department of Human Services. A provider, insurance company, or 131.29 government agency shall comply with any written request of the 131.30 board under this subdivision and is not liable in any action for 131.31 damages for releasing the data requested by the board if the 131.32 data are released pursuant to a written request under this 131.33 subdivision, unless the information is false and the provider 131.34 giving the information knew, or had reason to believe, the 131.35 information was false. Information obtained under this 131.36 subdivision is classified as private under sections 13.01 to 132.1 13.87. 132.2 Sec. 10. [148B.5925] [ASSESSMENT TOOL SECURITY.] 132.3 Notwithstanding section 144.335, subdivision 2, paragraphs 132.4 (a) and (b), a provider shall not be required to provide copies 132.5 of assessment tools, assessment tool materials, or scoring keys 132.6 to any individual who has completed an assessment tool or to an 132.7 individual not qualified to administer, score, and interpret the 132.8 assessment tool, if the provider reasonably determines that 132.9 access would compromise the objectivity, fairness, or integrity 132.10 of the testing process for the individual or others. If the 132.11 provider makes this determination, the provider shall, at the 132.12 discretion of the individual who has completed the assessment 132.13 tool, release the information either to another provider who is 132.14 qualified to administer, score, and interpret the assessment 132.15 tool or furnish a summary of the assessment tool results to the 132.16 individual or to a third party designated by the individual. 132.17 Sec. 11. Minnesota Statutes 2004, section 148C.03, 132.18 subdivision 1, is amended to read: 132.19 Subdivision 1. [GENERAL.] The commissioner shall, after132.20consultation with the advisory council or a committee132.21established by rule: 132.22 (a) adopt and enforce rules for licensure of alcohol and 132.23 drug counselors, including establishing standards and methods of 132.24 determining whether applicants and licensees are qualified under 132.25 section 148C.04. The rules must provide for examinations and 132.26 establish standards for the regulation of professional conduct. 132.27 The rules must be designed to protect the public; 132.28 (b)develop and, at least twice a year, administer an132.29examination to assess applicants' knowledge and skills. The132.30commissioner may contract for the administration of an132.31examination with an entity designated by the commissioner. The132.32examinations must be psychometrically valid and reliable; must132.33be written and oral, with the oral examination based on a132.34written case presentation; must minimize cultural bias; and must132.35be balanced in various theories relative to the practice of132.36alcohol and drug counseling;133.1(c)issue licenses to individuals qualified under sections 133.2 148C.01 to 148C.11; 133.3(d)(c) issue copies of the rules for licensure to all 133.4 applicants; 133.5(e)(d) adopt rules to establish and implement procedures, 133.6 including a standard disciplinary process and rules of 133.7 professional conduct; 133.8(f)(e) carry out disciplinary actions against licensees; 133.9(g)(f) establish, with the advice and recommendations of133.10the advisory council,written internal operating procedures for 133.11 receiving and investigating complaints and for taking 133.12 disciplinary actions as appropriate; 133.13(h)(g) educate the public about the existence and content 133.14 of the rules for alcohol and drug counselor licensing to enable 133.15 consumers to file complaints against licensees who may have 133.16 violated the rules; 133.17(i)(h) evaluate the rules in order to refine and improve 133.18 the methods used to enforce the commissioner's standards; and 133.19(j)(i) collect license fees for alcohol and drug 133.20 counselors. 133.21 Sec. 12. Minnesota Statutes 2004, section 148C.04, 133.22 subdivision 3, is amended to read: 133.23 Subd. 3. [REQUIREMENTS FOR LICENSURE BEFORE JULY 1, 2008.] 133.24 An applicant for a license must furnish evidence satisfactory to 133.25 the commissioner that the applicant has met all the requirements 133.26 in clauses (1) to (3). The applicant must have: 133.27 (1) received an associate degree, or an equivalent number 133.28 of credit hours, and a certificate in alcohol and drug 133.29 counseling, including 18 semester credits or 270 clock hours of 133.30 academic course work in accordance with subdivision 5a, 133.31 paragraph (a), from an accredited school or educational program 133.32 and 880 clock hours of supervised alcohol and drug counseling 133.33 practicum; 133.34 (2) completed one of the following: 133.35 (i) a written case presentation and satisfactorily passed 133.36 an oral examinationestablished by the commissionerthat 134.1 demonstrates competence in the core functions as determined by 134.2 the board; or 134.3 (ii) satisfactorily completed 2,000 hours of supervised 134.4 postdegree equivalent professional practice in accordance with 134.5 section 148C.044; and 134.6 (3) satisfactorily passedawrittenexamination as134.7established by the commissionerexaminations for licensure as 134.8 determined by the board. 134.9 Sec. 13. Minnesota Statutes 2004, section 148C.04, 134.10 subdivision 4, is amended to read: 134.11 Subd. 4. [REQUIREMENTS FOR LICENSURE AFTER JULY 1, 2008.] 134.12 An applicant for a license must submit evidence to the 134.13 commissioner that the applicant has met one of the following 134.14 requirements: 134.15 (1) the applicant must have: 134.16 (i) received a bachelor's degree from an accredited school 134.17 or educational program, including 18 semester credits or 270 134.18 clock hours of academic course work in accordance with 134.19 subdivision 5a, paragraph (a), from an accredited school or 134.20 educational program and 880 clock hours of supervised alcohol 134.21 and drug counseling practicum; 134.22 (ii) completed a written case presentation and 134.23 satisfactorily passed an oral examination established by the 134.24 commissioner that demonstrates competence in the core functions; 134.25 or submitted to the board a plan for supervision during the 134.26 first 2,000 hours of professional practice, or submitted proof 134.27 of supervised professional practice that is acceptable to the 134.28 commissioner; and 134.29 (iii) satisfactorily passed a written examination as 134.30 established by the commissioner; or 134.31 (2) the applicant must meet the requirements of section 134.32 148C.07. 134.33 Sec. 14. Minnesota Statutes 2004, section 148C.04, 134.34 subdivision 6, is amended to read: 134.35 Subd. 6. [TEMPORARY PERMIT REQUIREMENTS.] (a) The 134.36 commissioner shall issue a temporary permit to practice alcohol 135.1 and drug counseling prior to being licensed under this chapter 135.2 if the person: 135.3 (1) either: 135.4 (i) submits verification of a current and unrestricted 135.5 credential for the practice of alcohol and drug counseling from 135.6 a national certification body or a certification or licensing 135.7 body from another state, United States territory, or federally 135.8 recognized tribal authority; 135.9 (ii) submits verification of the completion of at least 64 135.10 semester credits, including 270 clock hours or 18 semester 135.11 credits of formal classroom education in alcohol and drug 135.12 counseling and at least 880 clock hours of alcohol and drug 135.13 counseling practicum from an accredited school or educational 135.14 program; 135.15 (iii) applies to renew a lapsed license according to the 135.16 requirements of section 148C.055, subdivision 3, clauses (1) and 135.17 (2), or section 148C.055, subdivision 4, clauses (1) and (2); or 135.18 (iv) meets the requirements of section 148C.11, subdivision 135.19 1, paragraph (c), or 6, clauses (1), (2), and (5); 135.20 (2) applies, in writing, on an application form provided by 135.21 the commissioner, which includes the nonrefundable temporary 135.22 permit fee as specified in section 148C.12 and an affirmation by 135.23 the person's supervisor, as defined in paragraph (c), clause 135.24 (1), which is signed and dated by the person and the person's 135.25 supervisor; and 135.26 (3) has not been disqualified to practice temporarily on 135.27 the basis of a background investigation under section 148C.09, 135.28 subdivision 1a. 135.29 (b) The commissioner must notify the person in writing 135.30 within 90 days from the date the completed application and all 135.31 required information is received by the commissioner whether the 135.32 person is qualified to practice under this subdivision. 135.33 (c) A person practicing under this subdivision: 135.34 (1) may practice under tribal jurisdiction or under the 135.35 direct supervision of a person who is licensed under this 135.36 chapter; 136.1 (2) is subject to the Rules of Professional Conduct set by 136.2 rule; and 136.3 (3) is not subject to the continuing education requirements 136.4 of section 148C.075. 136.5 (d) A person practicing under this subdivision must use the 136.6 title or description stating or implying that the person is a 136.7 trainee engaged in the practice of alcohol and drug counseling. 136.8 (e) A person practicing under this subdivision must 136.9 annually submit a renewal application on forms provided by the 136.10 commissioner with the renewal fee required in section 148C.12, 136.11 subdivision 3, and the commissioner may renew the temporary 136.12 permit if the trainee meets the requirements of this 136.13 subdivision. A trainee may renew a practice permit no more than 136.14 five times. 136.15 (f) A temporary permit expires if not renewed, upon a 136.16 change of employment of the trainee or upon a change in 136.17 supervision, or upon the granting or denial by the commissioner 136.18 of a license. 136.19 Sec. 15. [148C.044] [SUPERVISED POSTDEGREE PROFESSIONAL 136.20 PRACTICE.] 136.21 Subdivision 1. [SUPERVISION.] For the purpose of this 136.22 section, "supervision" means documented interactive 136.23 consultation, which, subject to the limitations in subdivision 136.24 4, paragraph (a), clause (2), may be conducted in person, by 136.25 telephone, or by audio or audiovisual electronic device, with a 136.26 supervisor as defined in subdivision 2. The supervision must be 136.27 adequate to ensure the quality and competence of the activities 136.28 supervised. Supervisory consultation must include discussions 136.29 on the nature and content of the practice of the supervisee, 136.30 including, but not limited to, a review of a representative 136.31 sample of counseling services in the supervisee's practice. 136.32 Subd. 2. [POSTDEGREE PROFESSIONAL PRACTICE.] "Postdegree 136.33 professional practice" means required postdegree paid or 136.34 volunteer work experience and training that involves the 136.35 professional oversight by a supervisor approved by the board and 136.36 that satisfies the supervision requirements in subdivision 4. 137.1 Subd. 3. [SUPERVISOR REQUIREMENTS.] For purposes of this 137.2 section, a supervisor shall: 137.3 (1) be a licensed alcohol and drug counselor or other 137.4 qualified professional as determined by the board; 137.5 (2) have four years of experience in providing alcohol and 137.6 drug counseling; 137.7 (3) have received a minimum of 12 hours of training in 137.8 clinical and ethical supervision, which may include graduate 137.9 course work, continuing education courses, workshops, or a 137.10 combination thereof; and 137.11 (4) supervise no more than three persons in postdegree 137.12 professional practice. 137.13 Subd. 4. [SUPERVISED PRACTICE REQUIREMENTS FOR 137.14 LICENSURE.] (a) The content of supervision must include: 137.15 (1) knowledge, skills, values, and ethics with specific 137.16 application to the practice issues faced by the supervisee, 137.17 including the core functions as described in section 148C.01, 137.18 subdivision 9; 137.19 (2) the standards of practice and ethical conduct, with 137.20 particular emphasis given to the counselor's role and 137.21 appropriate responsibilities, professional boundaries, and power 137.22 dynamics; and 137.23 (3) the supervisee's permissible scope of practice, as 137.24 defined by section 148C.01, subdivision 10. 137.25 (b) The supervision must be obtained at the rate of one 137.26 hour of supervision per 40 hours of professional practice, for a 137.27 total of 50 hours of supervision. The supervision must be 137.28 evenly distributed over the course of the supervised 137.29 professional practice. At least 75 percent of the required 137.30 supervision hours must be received in person. The remaining 25 137.31 percent of the required hours may be received by telephone or by 137.32 audio or audiovisual electronic device. At least 50 percent of 137.33 the required hours of supervision must be received on an 137.34 individual basis. The remaining 50 percent may be received in a 137.35 group setting. 137.36 (c) The supervision must be completed in no fewer than 12 138.1 consecutive months and no more than 36 consecutive months. 138.2 (d) The applicant shall include with an application for 138.3 licensure verification of completion of the 2,000 hours of 138.4 supervised professional practice. Verification must be on a 138.5 form specified by the board. The supervisor shall verify that 138.6 the supervisee has completed the required hours of supervision 138.7 in accordance with this section. The supervised practice 138.8 required under this section is unacceptable if the supervisor 138.9 attests that the supervisee's performance, competence, or 138.10 adherence to the standards of practice and ethical conduct has 138.11 been unsatisfactory. 138.12 Sec. 16. Minnesota Statutes 2004, section 148C.091, 138.13 subdivision 1, is amended to read: 138.14 Subdivision 1. [FORMS OF DISCIPLINARY ACTION.] When the 138.15 commissioner finds that an applicant or a licensed alcohol and 138.16 drug counselor has violated a provision or provisions of 138.17 sections 148C.01 to 148C.11, or rules promulgated under this 138.18 chapter, the commissioner may take one or more of the following 138.19 actions: 138.20 (1) refuse to grant a license; 138.21 (2) revoke the license; 138.22 (3) suspend the license; 138.23 (4) impose limitations or conditions; 138.24 (5) impose a civil penalty not exceeding $10,000 for each 138.25 separate violation, the amount of the civil penalty to be fixed 138.26 so as to deprive the counselor of any economic advantage gained 138.27 by reason of the violation charged or to reimburse the 138.28 commissioner for all costs of the investigation and proceeding; 138.29 including, but not limited to, the amount paid by the 138.30 commissioner for services from the Office of Administrative 138.31 Hearings, attorney fees, court reports, witnesses, reproduction 138.32 of records,advisory council members' per diem compensation,138.33 staff time, and expense incurred byadvisory council members and138.34 staff of the department; 138.35 (6) order the counselor to provide uncompensated 138.36 professional service under supervision at a designated public 139.1 hospital, clinic, or other health care institution; 139.2 (7) censure or reprimand the counselor; or 139.3 (8) any other action justified by the case. 139.4 Sec. 17. Minnesota Statutes 2004, section 148C.10, 139.5 subdivision 2, is amended to read: 139.6 Subd. 2. [USE OF TITLES.] No person shall present 139.7 themselves or any other individual to the public by any title 139.8 incorporating the words "licensed alcohol and drug counselor" or 139.9 otherwise hold themselves out to the public by any title or 139.10 description stating or implying that they are licensed or 139.11 otherwise qualified to practice alcohol and drug counseling 139.12 unless that individual holds a valid license. Persons issued a 139.13 temporary permit must use titles consistent with section 139.14 148C.04, subdivision 6, paragraph(c)(d). 139.15 Sec. 18. Minnesota Statutes 2004, section 148C.11, 139.16 subdivision 1, is amended to read: 139.17 Subdivision 1. [OTHER PROFESSIONALS.] (a) Nothing in this 139.18 chapter prevents members of other professions or occupations 139.19 from performing functions for which they are qualified or 139.20 licensed. This exception includes, but is not limited to,: 139.21 licensed physicians,; registered nurses,; licensed practical 139.22 nurses,; licensed psychological practitioners,; members of the 139.23 clergy,; American Indian medicine men and women,; licensed 139.24 attorneys,; probation officers,; licensed marriage and family 139.25 therapists,; licensed social workers,; social workers employed 139.26 by city, county, or state agencies; licensed professional 139.27 counselors,; licensed school counselors,; registered 139.28 occupational therapists or occupational therapy assistants,; 139.29 city, county, or state employees when providing assessments or 139.30 case management under Minnesota Rules, chapter 9530; and until 139.31 July 1, 2005, individuals providing integrated dual-diagnosis 139.32 treatment in adult mental health rehabilitative programs 139.33 certified by the Department of Human Services under section 139.34 256B.0622 or 256B.0623. 139.35 (b) Nothing in this chapter prohibits technicians and 139.36 resident managers in programs licensed by the Department of 140.1 Human Services from discharging their duties as provided in 140.2 Minnesota Rules, chapter 9530. 140.3 (c) Any person who is exempt under thissectionsubdivision 140.4 but who elects to obtain a license under this chapter is subject 140.5 to this chapter to the same extent as other licensees. The 140.6 commissioner shall issue a license without examination to an 140.7 applicant who is licensed or registered in a profession 140.8 identified in paragraph (a) if the applicant: 140.9 (1) shows evidence of current licensure or registration; 140.10 and 140.11 (2) has submitted to the commissioner a plan for 140.12 supervision during the first 2,000 hours of professional 140.13 practice or has submitted proof of supervised professional 140.14 practice that is acceptable to the commissioner. 140.15 (d)These personsAny person who is exempt from licensure 140.16 under this section must not, however,use a title incorporating 140.17 the words "alcohol and drug counselor" or "licensed alcohol and 140.18 drug counselor" or otherwise hold themselves out to the public 140.19 by any title or description stating or implying that they are 140.20 engaged in the practice of alcohol and drug counseling, or that 140.21 they are licensed to engage in the practice of alcohol and drug 140.22 counseling unless that person is also licensed as an alcohol and 140.23 drug counselor. Persons engaged in the practice of alcohol and 140.24 drug counseling are not exempt from the commissioner's 140.25 jurisdiction solely by the use of one of the above titles. 140.26 Sec. 19. Minnesota Statutes 2004, section 148C.11, 140.27 subdivision 4, is amended to read: 140.28 Subd. 4. [HOSPITAL ALCOHOL AND DRUG COUNSELORS.] Effective 140.29 January 1,20062007, hospitals employing alcohol and drug 140.30 counselors shall be required to employ licensed alcohol and drug 140.31 counselors. An alcohol or drug counselor employed by a hospital 140.32 must be licensed as an alcohol and drug counselor in accordance 140.33 with this chapter. 140.34 Sec. 20. Minnesota Statutes 2004, section 148C.11, 140.35 subdivision 5, is amended to read: 140.36 Subd. 5. [CITY, COUNTY, AND STATE AGENCY ALCOHOL AND DRUG 141.1 COUNSELORS.] Effective January 1,20062007, city, county, and 141.2 state agencies employing alcohol and drug counselors shall be 141.3 required to employ licensed alcohol and drug counselors. An 141.4 alcohol and drug counselor employed by a city, county, or state 141.5 agency must be licensed as an alcohol and drug counselor in 141.6 accordance with this chapter. 141.7 Sec. 21. Minnesota Statutes 2004, section 148C.11, 141.8 subdivision 6, is amended to read: 141.9 Subd. 6. [TRANSITION PERIOD FOR HOSPITAL AND CITY, COUNTY, 141.10 AND STATE AGENCY ALCOHOL AND DRUG COUNSELORS.] For the period 141.11 between July 1, 2003, and January 1,20062007, the commissioner 141.12 shall grant a license to an individual who is employed as an 141.13 alcohol and drug counselor at a Minnesota school district or 141.14 hospital, or a city, county, or state agency in Minnesota, if 141.15 the individual meets the requirements in section 148C.0351 and: 141.16 (1) was employed as an alcohol and drug counselor at a 141.17 school district, a hospital, or a city, county, or state agency 141.18 before August 1, 2002;(2)has 8,000 hours of alcohol and drug 141.19 counselor work experience;(3)has completed a written case 141.20 presentation and satisfactorily passed an oral examination 141.21 established by the commissioner;(4)and has satisfactorily 141.22 passed a written examination as established by the commissioner; 141.23and (5) meets the requirements in section 148C.0351or 141.24 (2) is credentialed as a board certified counselor (BCC) or 141.25 board certified counselor reciprocal (BCCR) by the Minnesota 141.26 Certification Board; or 141.27 (3) has 14,000 hours of supervised alcohol and drug 141.28 counselor work experience as documented by the employer. 141.29 Sec. 22. Minnesota Statutes 2004, section 148C.12, 141.30 subdivision 3, is amended to read: 141.31 Subd. 3. [TEMPORARY PERMIT FEE.] The initial fee for 141.32 applicants under section 148C.04, subdivision 6, paragraph (a), 141.33 is $100. The fee for annual renewal of a temporary permit 141.34 is$100$150, but when the first expiration date occurs in less 141.35 or more than one year, the fee must be prorated. 141.36 Sec. 23. Minnesota Statutes 2004, section 214.01, 142.1 subdivision 2, is amended to read: 142.2 Subd. 2. [HEALTH-RELATED LICENSING BOARD.] "Health-related 142.3 licensing board" means the Board of Examiners of Nursing Home 142.4 Administrators established pursuant to section 144A.19, the 142.5 Office of Unlicensed Complementary and Alternative Health Care 142.6 Practice established pursuant to section 146A.02, the Board of 142.7 Medical Practice created pursuant to section 147.01, the Board 142.8 of Nursing created pursuant to section 148.181, the Board of 142.9 Chiropractic Examiners established pursuant to section 148.02, 142.10 the Board of Optometry established pursuant to section 148.52, 142.11 the Board of Physical Therapy established pursuant to section 142.12 148.67, the Board of Psychology established pursuant to section 142.13 148.90, the Board of Social Work pursuant to section 148B.19, 142.14 the Board of Marriage and Family Therapy pursuant to section 142.15 148B.30, the Office of Mental Health Practice established 142.16 pursuant to section 148B.61, the Board of Behavioral Health and 142.17 Therapy established by section 148B.51,the Alcohol and Drug142.18Counselors Licensing Advisory Council established pursuant to142.19section 148C.02,the Board of Dietetics and Nutrition Practice 142.20 established under section 148.622, the Board of Dentistry 142.21 established pursuant to section 150A.02, the Board of Pharmacy 142.22 established pursuant to section 151.02, the Board of Podiatric 142.23 Medicine established pursuant to section 153.02, and the Board 142.24 of Veterinary Medicine, established pursuant to section 156.01. 142.25 Sec. 24. Minnesota Statutes 2004, section 214.103, 142.26 subdivision 1, is amended to read: 142.27 Subdivision 1. [APPLICATION.] For purposes of this 142.28 section, "board" means "health-related licensing board" and does 142.29 not includethe Alcohol and Drug Counselors Licensing Advisory142.30Council established pursuant to section 148C.02, orthe 142.31 non-health-related licensing boards. Nothing in this section 142.32 supersedes section 214.10, subdivisions 2a, 3, 8, and 9, as they 142.33 apply to the health-related licensing boards. 142.34 Sec. 25. [AUTHORIZATION FOR EXPEDITED RULEMAKING 142.35 AUTHORITY.] 142.36 The Board of Behavioral Health and Therapy may use the 143.1 expedited rulemaking process under Minnesota Statutes, section 143.2 14.389, for adopting and amending rules to conform with sections 143.3 1 to 10. 143.4 Sec. 26. [REPEALER.] 143.5 (a) Minnesota Statutes 2004, sections 148C.02 and 148C.12, 143.6 subdivision 4, are repealed. 143.7 (b) Minnesota Rules, parts 4747.0030, subparts 11 and 16; 143.8 4747.1200; and 4747.1300, are repealed. 143.9 Sec. 27. [EFFECTIVE DATE.] 143.10 This article is effective July 1, 2005. 143.11 ARTICLE 6 143.12 BOARD OF MEDICAL PRACTICE 143.13 (PHYSICIAN ASSISTANTS AND RESPIRATORY CARE PRACTITIONERS) 143.14 Section 1. Minnesota Statutes 2004, section 147A.18, 143.15 subdivision 1, is amended to read: 143.16 Subdivision 1. [DELEGATION.] (a) A supervising physician 143.17 may delegate to a physician assistant who is registered with the 143.18 board, certified by the National Commission on Certification of 143.19 Physician Assistants or successor agency approved by the board, 143.20 and who is under the supervising physician's supervision, the 143.21 authority to prescribe, dispense, and administer legend drugs, 143.22 medical devices, and controlled substances subject to the 143.23 requirements in this section. The authority to dispense 143.24 includes, but is not limited to, the authority to request, 143.25 receive, and dispense sample drugs. This authority to dispense 143.26 extends only to those drugs described in the written agreement 143.27 developed under paragraph (b). 143.28 (b) The agreement between the physician assistant and 143.29 supervising physician and any alternate supervising physicians 143.30 must include a statement by the supervising physician regarding 143.31 delegation or nondelegation of the functions of prescribing, 143.32 dispensing, and administering of legend drugs and medical 143.33 devices to the physician assistant. The statement must include 143.34 a protocol indicating categories of drugs for which the 143.35 supervising physician delegates prescriptive and dispensing 143.36 authority. The delegation must be appropriate to the physician 144.1 assistant's practice and within the scope of the physician 144.2 assistant's training. Physician assistants who have been 144.3 delegated the authority to prescribe, dispense, and administer 144.4 legend drugs and medical devices shall provide evidence of 144.5 current certification by the National Commission on 144.6 Certification of Physician Assistants or its successor agency 144.7 when registering or reregistering as physician assistants. 144.8 Physician assistants who have been delegated the authority to 144.9 prescribe controlled substances must present evidence of the 144.10 certification and hold a valid DEA certificate. Supervising 144.11 physicians shall retrospectively review the prescribing, 144.12 dispensing, and administering of legend and controlled drugs and 144.13 medical devices by physician assistants, when this authority has 144.14 been delegated to the physician assistant as part of the 144.15 delegation agreement between the physician and the physician 144.16 assistant. This review must take placeat least weeklyas 144.17 outlined in the internal protocol. The process and schedule for 144.18 the review must be outlined in the delegation agreement. 144.19 (c) The board may establish by rule: 144.20 (1) a system of identifying physician assistants eligible 144.21 to prescribe, administer, and dispense legend drugs and medical 144.22 devices; 144.23 (2) a system of identifying physician assistants eligible 144.24 to prescribe, administer, and dispense controlled substances; 144.25 (3) a method of determining the categories of legend and 144.26 controlled drugs and medical devices that each physician 144.27 assistant is allowed to prescribe, administer, and dispense; and 144.28 (4) a system of transmitting to pharmacies a listing of 144.29 physician assistants eligible to prescribe legend and controlled 144.30 drugs and medical devices. 144.31 Sec. 2. Minnesota Statutes 2004, section 147A.18, 144.32 subdivision 3, is amended to read: 144.33 Subd. 3. [OTHER REQUIREMENTS AND RESTRICTIONS.] (a) The 144.34 supervising physician and the physician assistant must complete, 144.35 sign, and date an internal protocol which lists each category of 144.36 drug or medical device, or controlled substance the physician 145.1 assistant may prescribe, dispense, and administer. The 145.2 supervising physician and physician assistant shall submit the 145.3 internal protocol to the board upon request. The supervising 145.4 physician may amend the internal protocol as necessary, within 145.5 the limits of the completed delegation form in subdivision 5. 145.6 The supervising physician and physician assistant must sign and 145.7 date any amendments to the internal protocol. Any amendments 145.8 resulting in a change to an addition or deletion to categories 145.9 delegated in the delegation form in subdivision 5 must be 145.10 submitted to the board according to this chapter, along with the 145.11 fee required. 145.12 (b) The supervising physician and physician assistant shall 145.13 review delegation of prescribing, dispensing, and administering 145.14 authority on an annual basis at the time of reregistration. The 145.15 internal protocol must be signed and dated by the supervising 145.16 physician and physician assistant after review. Any amendments 145.17 to the internal protocol resulting in changes to the delegation 145.18 form in subdivision 5 must be submitted to the board according 145.19 to this chapter, along with the fee required. 145.20 (c) Each prescription initiated by a physician assistant 145.21 shall indicate the following: 145.22 (1) the date of issue; 145.23 (2) the name and address of the patient; 145.24 (3) the name and quantity of the drug prescribed; 145.25 (4) directions for use; and 145.26 (5) the name,and address, and telephone numberof the 145.27 prescribing physician assistantand of the physician serving as145.28supervisor. 145.29 (d) In prescribing, dispensing, and administering legend 145.30 drugs and medical devices, including controlled substances as 145.31 defined in section 152.01, subdivision 4, a physician assistant 145.32 must conform with the agreement, chapter 151, and this chapter. 145.33 Sec. 3. Minnesota Statutes 2004, section 147C.05, is 145.34 amended to read: 145.35 147C.05 [SCOPE OF PRACTICE.] 145.36 (a) The practice of respiratory care by a registered 146.1 respiratory care practitioner includes, but is not limited to, 146.2 the following services: 146.3 (1) providing and monitoring therapeutic administration of 146.4 medical gases, aerosols, humidification, and pharmacological 146.5 agents related to respiratory care procedures, but not including 146.6 administration of general anesthesia; 146.7 (2) carrying out therapeutic application and monitoring of 146.8 mechanical ventilatory support; 146.9 (3) providing cardiopulmonary resuscitation and maintenance 146.10 of natural airways and insertion and maintenance of artificial 146.11 airways; 146.12 (4) assessing and monitoring signs, symptoms, and general 146.13 behavior relating to, and general physical response to, 146.14 respiratory care treatment or evaluation for treatment and 146.15 diagnostic testing, including determination of whether the 146.16 signs, symptoms, reactions, behavior, or general response 146.17 exhibit abnormal characteristics; 146.18 (5) obtaining physiological specimens and interpreting 146.19 physiological data including: 146.20 (i) analyzing arterial and venous blood gases; 146.21 (ii) assessing respiratory secretions; 146.22 (iii) measuring ventilatory volumes, pressures, and flows; 146.23 (iv) testing pulmonary function; 146.24 (v) testing and studying the cardiopulmonary system; and 146.25 (vi) diagnostic testing of breathing patterns related to 146.26 sleep disorders; 146.27 (6) assisting hemodynamic monitoring and support of the 146.28 cardiopulmonary system; 146.29 (7) assessing and making suggestions for modifications in 146.30 the treatment regimen based on abnormalities, protocols, or 146.31 changes in patient response to respiratory care treatment; 146.32 (8) providing cardiopulmonary rehabilitation including 146.33 respiratory-care related educational components, postural 146.34 drainage, chest physiotherapy, breathing exercises, aerosolized 146.35 administration of medications, and equipment use and 146.36 maintenance; 147.1 (9) instructing patients and their families in techniques 147.2 for the prevention, alleviation, and rehabilitation of 147.3 deficiencies, abnormalities, and diseases of the cardiopulmonary 147.4 system; and 147.5 (10) transcribing and implementing physician orders for 147.6 respiratory care services. 147.7 (b) Patient service by a practitioner must be limited to: 147.8 (1) services within the training and experience of the 147.9 practitioner; and 147.10 (2) services within the parameters of the laws, rules, and 147.11 standards of the facilities in which the respiratory care 147.12 practitioner practices. 147.13 (c) Respiratory care services provided by a registered 147.14 respiratory care practitioner, whether delivered in a health 147.15 care facility or the patient's residence, must not be provided 147.16 except upon referral from a physician. 147.17 (d) This section does not prohibit an individual licensed 147.18 or registered as a respiratory therapist in another state or 147.19 country from providing respiratory care in an emergency in this 147.20 state, providing respiratory care as a member of an organ 147.21 harvesting team, or from providing respiratory care on board an 147.22 ambulance as part of an ambulance treatment team. 147.23 ARTICLE 7 147.24 COMMISSIONER OF HEALTH - AUDIOLOGISTS 147.25 Section 1. Minnesota Statutes 2004, section 148.512, 147.26 subdivision 6, is amended to read: 147.27 Subd. 6. [AUDIOLOGIST.] "Audiologist" means a natural 147.28 person who engages in the practice of audiology, meets the 147.29 qualifications required by sections 148.511 to148.5196147.30 148.5198, and is licensed by the commissioner under a general, 147.31 clinical fellowship, doctoral externship, or temporary license. 147.32 Audiologist also means a natural person using any descriptive 147.33 word with the title audiologist. 147.34 Sec. 2. Minnesota Statutes 2004, section 148.512, is 147.35 amended by adding a subdivision to read: 147.36 Subd. 10a. [HEARING AID.] "Hearing aid" means an 148.1 instrument, or any of its parts, worn in the ear canal and 148.2 designed to or represented as being able to aid or enhance human 148.3 hearing. "Hearing aid" includes the aid's parts, attachments, 148.4 or accessories, including, but not limited to, ear molds and 148.5 behind the ear (BTE) devices with or without an ear mold. 148.6 Batteries and cords are not parts, attachments, or accessories 148.7 of a hearing aid. Surgically implanted hearing aids, and 148.8 assistive listening devices not worn within the ear canal, are 148.9 not hearing aids. 148.10 Sec. 3. Minnesota Statutes 2004, section 148.512, is 148.11 amended by adding a subdivision to read: 148.12 Subd. 10b. [HEARING AID DISPENSING.] "Hearing aid 148.13 dispensing" means making ear mold impressions, prescribing, or 148.14 recommending a hearing aid, assisting the consumer in aid 148.15 selection, selling hearing aids at retail, or testing human 148.16 hearing in connection with these activities regardless of 148.17 whether the person conducting these activities has a monetary 148.18 interest in the sale of hearing aids to the consumer. 148.19 Sec. 4. Minnesota Statutes 2004, section 148.515, is 148.20 amended by adding a subdivision to read: 148.21 Subd. 6. [AUDIOLOGIST EXAMINATION REQUIREMENTS.] (a) An 148.22 audiologist who applies for licensure on or after August 1, 148.23 2005, must achieve a passing score on the examination described 148.24 in section 153A.14, subdivision 2h, paragraph (a), clause (2), 148.25 within the time period described in section 153A.14, subdivision 148.26 2h, paragraph (b). 148.27 (b) Paragraph (a) does not apply to an audiologist licensed 148.28 by reciprocity who was licensed before August 1, 2005, in 148.29 another jurisdiction. 148.30 (c) Audiologists are exempt from the written examination 148.31 requirement in section 153A.14, subdivision 2h, paragraph (a), 148.32 clause (1). 148.33 Sec. 5. Minnesota Statutes 2004, section 148.5194, is 148.34 amended by adding a subdivision to read: 148.35 Subd. 7. [SURCHARGE.] A surcharge of $....... is added to 148.36 the audiologist licensure fee for the period of ........ 149.1 Sec. 6. Minnesota Statutes 2004, section 148.5195, 149.2 subdivision 3, is amended to read: 149.3 Subd. 3. [GROUNDS FOR DISCIPLINARY ACTION BY 149.4 COMMISSIONER.] The commissioner may take any of the disciplinary 149.5 actions listed in subdivision 4 on proof that the individual has: 149.6 (1) intentionally submitted false or misleading information 149.7 to the commissioner or the advisory council; 149.8 (2) failed, within 30 days, to provide information in 149.9 response to a written request, via certified mail, by the 149.10 commissioner or advisory council; 149.11 (3) performed services of a speech-language pathologist or 149.12 audiologist in an incompetent or negligent manner; 149.13 (4) violated sections 148.511 to148.5196148.5198; 149.14 (5) failed to perform services with reasonable judgment, 149.15 skill, or safety due to the use of alcohol or drugs, or other 149.16 physical or mental impairment; 149.17 (6) violated any state or federal law, rule, or regulation, 149.18 and the violation is a felony or misdemeanor, an essential 149.19 element of which is dishonesty, or which relates directly or 149.20 indirectly to the practice of speech-language pathology or 149.21 audiology. Conviction for violating any state or federal law 149.22 which relates to speech-language pathology or audiology is 149.23 necessarily considered to constitute a violation, except as 149.24 provided in chapter 364; 149.25 (7) aided or abetted another person in violating any 149.26 provision of sections 148.511 to148.5196148.5198; 149.27 (8) been or is being disciplined by another jurisdiction, 149.28 if any of the grounds for the discipline is the same or 149.29 substantially equivalent to those under sections 148.511 to 149.30 148.5196; 149.31 (9) not cooperated with the commissioner or advisory 149.32 council in an investigation conducted according to subdivision 149.33 1; 149.34 (10) advertised in a manner that is false or misleading; 149.35 (11) engaged in conduct likely to deceive, defraud, or harm 149.36 the public; or demonstrated a willful or careless disregard for 150.1 the health, welfare, or safety of a client; 150.2 (12) failed to disclose to the consumer any fee splitting 150.3 or any promise to pay a portion of a fee to any other 150.4 professional other than a fee for services rendered by the other 150.5 professional to the client; 150.6 (13) engaged in abusive or fraudulent billing practices, 150.7 including violations of federal Medicare and Medicaid laws, Food 150.8 and Drug Administration regulations, or state medical assistance 150.9 laws; 150.10 (14) obtained money, property, or services from a consumer 150.11 through the use of undue influence, high pressure sales tactics, 150.12 harassment, duress, deception, or fraud; 150.13 (15) performed services for a client who had no possibility 150.14 of benefiting from the services; 150.15 (16) failed to refer a client for medical evaluation or to 150.16 other health care professionals when appropriate or when a 150.17 client indicated symptoms associated with diseases that could be 150.18 medically or surgically treated; 150.19 (17)if the individual is a dispenser of hearing150.20instruments as defined by section 153A.13, subdivision 5, had150.21the certification required by chapter 153A, denied, suspended,150.22or revoked according to chapter 153A;150.23(18)used the term doctor of audiology, doctor of 150.24 speech-language pathology, AuD, or SLPD without having obtained 150.25 the degree from an institution accredited by the North Central 150.26 Association of Colleges and Secondary Schools, the Council on 150.27 Academic Accreditation in Audiology and Speech-Language 150.28 Pathology, the United States Department of Education, or an 150.29 equivalent;or150.30(19)(18) failed to comply with the requirements of section 150.31 148.5192 regarding supervision of speech-language pathology 150.32 assistants.; 150.33 (19) prescribed or otherwise recommended to a consumer or 150.34 potential consumer the use of a hearing aid, unless the 150.35 prescription from a physician or recommendation from an 150.36 audiologist is in writing, is based on an audiogram that is 151.1 delivered to the consumer or potential consumer when the 151.2 prescription or recommendation is made, and bears the following 151.3 information in all capital letters of 12-point or larger 151.4 boldface type: "THIS PRESCRIPTION OR RECOMMENDATION MAY BE 151.5 FILLED BY, AND HEARING AIDS MAY BE PURCHASED FROM, THE LICENSED 151.6 AUDIOLOGIST OR CERTIFIED DISPENSER OF YOUR CHOICE"; 151.7 (20) failed to give a copy of the audiogram, upon which the 151.8 prescription or recommendation is based, to the consumer when 151.9 the consumer requests a copy; 151.10 (21) failed to provide the consumer rights brochure 151.11 required by section 148.5197, subdivision 3; 151.12 (22) failed to comply with restrictions on sales of hearing 151.13 aids in sections 148.5197, subdivision 3, and 148.5198; 151.14 (23) failed to return a consumer's hearing aid used as a 151.15 trade-in or for a discount in the price of a new hearing aid 151.16 when requested by the consumer upon cancellation of the purchase 151.17 agreement; 151.18 (24) failed to follow Food and Drug Administration or 151.19 Federal Trade Commission regulations relating to dispensing 151.20 hearing aids; or 151.21 (25) failed to dispense a hearing aid in a competent manner 151.22 or without appropriate training. 151.23 Sec. 7. [148.5197] [HEARING AID DISPENSING.] 151.24 Subdivision 1. [CONTENT OF CONTRACTS.] Oral statements 151.25 made by an audiologist regarding the provision of warranties, 151.26 refunds, and service on the hearing aid or aids dispensed must 151.27 be written on, and become part of, the contract of sale, specify 151.28 the item or items covered, and indicate the person or business 151.29 entity obligated to provide the warranty, refund, or service. 151.30 Subd. 2. [REQUIRED USE OF LICENSE NUMBER.] The 151.31 audiologist's license number must appear on all contracts, bills 151.32 of sale, and receipts used in the sale of hearing aids. 151.33 Subd. 3. [CONSUMER RIGHTS INFORMATION.] An audiologist 151.34 shall, at the time of the recommendation or prescription, give a 151.35 consumer rights brochure, prepared by the commissioner and 151.36 containing information about legal requirements pertaining to 152.1 sales of hearing aids, to each potential buyer of a hearing 152.2 aid. The brochure must contain information about the consumer 152.3 information center described in section 153A.18. A sales 152.4 contract for a hearing aid must note the receipt of the brochure 152.5 by the buyer, along with the buyer's signature or initials. 152.6 Subd. 4. [LIABILITY FOR CONTRACTS.] Owners of entities in 152.7 the business of dispensing hearing aids, employers of 152.8 audiologists or persons who dispense hearing aids, supervisors 152.9 of trainees or audiology students, and hearing aid dispensers 152.10 conducting the sales transaction at issue are liable for 152.11 satisfying all terms of contracts, written or oral, made by 152.12 their agents, employees, assignees, affiliates, or trainees, 152.13 including terms relating to products, repairs, warranties, 152.14 service, and refunds. The commissioner may enforce the terms of 152.15 hearing aid sales contracts against the principal, employer, 152.16 supervisor, or dispenser who conducted the sale and may impose 152.17 any remedy provided for in this chapter. 152.18 Sec. 8. [148.5198] [RESTRICTION ON SALE OF HEARING AIDS.] 152.19 Subdivision 1. [45-CALENDAR-DAY GUARANTEE AND BUYER RIGHT 152.20 TO CANCEL.] (a) An audiologist dispensing a hearing aid in this 152.21 state must comply with paragraphs (b) and (c). 152.22 (b) The audiologist must provide the buyer with a 152.23 45-calendar-day written money-back guarantee. The guarantee 152.24 must permit the buyer to cancel the purchase for any reason 152.25 within 45 calendar days after receiving the hearing aid by 152.26 giving or mailing written notice of cancellation to the 152.27 audiologist. If the consumer mails the notice of cancellation, 152.28 the 45-calendar-day period is counted using the postmark date, 152.29 to the date of receipt by the audiologist. If the hearing aid 152.30 must be repaired, remade, or adjusted during the 45-calendar-day 152.31 money-back guarantee period, the running of the 45-calendar-day 152.32 period is suspended one day for each 24-hour period that the 152.33 hearing aid is not in the buyer's possession. A repaired, 152.34 remade, or adjusted hearing aid must be claimed by the buyer 152.35 within three business days after notification of availability, 152.36 after which time the running of the 45-calendar-day period 153.1 resumes. The guarantee must entitle the buyer, upon 153.2 cancellation, to receive a refund of payment within 30 days of 153.3 return of the hearing aid to the audiologist. The audiologist 153.4 may retain as a cancellation fee no more than $250 of the 153.5 buyer's total purchase price of the hearing aid. 153.6 (c) The audiologist shall provide the buyer with a contract 153.7 written in plain English, that contains uniform language and 153.8 provisions that meet the requirements under the Plain Language 153.9 Contract Act, sections 325G.29 to 325G.36. The contract must 153.10 include, but is not limited to, the following: in immediate 153.11 proximity to the space reserved for the signature of the buyer, 153.12 or on the first page if there is no space reserved for the 153.13 signature of the buyer, a clear and conspicuous disclosure of 153.14 the following specific statement in all capital letters of no 153.15 less than 12-point boldface type: "MINNESOTA STATE LAW GIVES 153.16 THE BUYER THE RIGHT TO CANCEL THIS PURCHASE FOR ANY REASON AT 153.17 ANY TIME PRIOR TO MIDNIGHT OF THE 45TH CALENDAR DAY AFTER 153.18 RECEIPT OF THE HEARING AID(S). THIS CANCELLATION MUST BE IN 153.19 WRITING AND MUST BE GIVEN OR MAILED TO THE AUDIOLOGIST. IF THE 153.20 BUYER DECIDES TO RETURN THE HEARING AID(S) WITHIN THIS 153.21 45-CALENDAR-DAY PERIOD, THE BUYER WILL RECEIVE A REFUND OF THE 153.22 TOTAL PURCHASE PRICE OF THE AID(S) FROM WHICH THE AUDIOLOGIST 153.23 MAY RETAIN AS A CANCELLATION FEE NO MORE THAN $250." 153.24 Subd. 2. [ITEMIZED REPAIR BILL.] Any audiologist or 153.25 company who agrees to repair a hearing aid must provide the 153.26 owner of the hearing aid, or the owner's representative, with a 153.27 bill that describes the repair and services rendered. The bill 153.28 must also include the repairing audiologist's or company's name, 153.29 address, and telephone number. 153.30 This subdivision does not apply to an audiologist or 153.31 company that repairs a hearing aid pursuant to an express 153.32 warranty covering the entire hearing aid and the warranty covers 153.33 the entire cost, both parts and labor, of the repair. 153.34 Subd. 3. [REPAIR WARRANTY.] Any guarantee of hearing aid 153.35 repairs must be in writing and delivered to the owner of the 153.36 hearing aid, or the owner's representative, stating the 154.1 repairing audiologist's or company's name, address, telephone 154.2 number, length of guarantee, model, and serial number of the 154.3 hearing aid and all other terms and conditions of the guarantee. 154.4 Subd. 4. [MISDEMEANOR.] A person found to have violated 154.5 this section is guilty of a misdemeanor. 154.6 Subd. 5. [ADDITIONAL.] In addition to the penalty provided 154.7 in subdivision 4, a person found to have violated this section 154.8 is subject to the penalties and remedies provided in section 154.9 325F.69, subdivision 1. 154.10 Subd. 6. [ESTIMATES.] Upon the request of the owner of a 154.11 hearing aid or the owner's representative for a written estimate 154.12 and prior to the commencement of repairs, a repairing 154.13 audiologist or company shall provide the customer with a written 154.14 estimate of the price of repairs. If a repairing audiologist or 154.15 company provides a written estimate of the price of repairs, it 154.16 must not charge more than the total price stated in the estimate 154.17 for the repairs. If the repairing audiologist or company after 154.18 commencing repairs determines that additional work is necessary 154.19 to accomplish repairs that are the subject of a written estimate 154.20 and if the repairing audiologist or company did not unreasonably 154.21 fail to disclose the possible need for the additional work when 154.22 the estimate was made, the repairing audiologist or company may 154.23 charge more than the estimate for the repairs if the repairing 154.24 audiologist or company immediately provides the owner or owner's 154.25 representative a revised written estimate pursuant to this 154.26 section and receives authorization to continue with the 154.27 repairs. If continuation of the repairs is not authorized, the 154.28 repairing audiologist or company shall return the hearing aid as 154.29 close as possible to its former condition and shall release the 154.30 hearing aid to the owner or owner's representative upon payment 154.31 of charges for repairs actually performed and not in excess of 154.32 the original estimate. 154.33 Sec. 9. Minnesota Statutes 2004, section 153A.13, 154.34 subdivision 5, is amended to read: 154.35 Subd. 5. [DISPENSER OF HEARING INSTRUMENTS.] "Dispenser of 154.36 hearing instruments" means a natural person who engages in 155.1 hearing instrument dispensing whether or not certified by the 155.2 commissioner of health or licensed by an existing health-related 155.3 board, except that a person described as follows is not a 155.4 dispenser of hearing instruments: 155.5 (1) a student participating in supervised field work that 155.6 is necessary to meet requirements of an accredited educational 155.7 program if the student is designated by a title which clearly 155.8 indicates the student's status as a student trainee; or 155.9 (2) a person who helps a dispenser of hearing instruments 155.10 in an administrative or clerical manner and does not engage in 155.11 hearing instrument dispensing. 155.12 A person who offers to dispense a hearing instrument, or a 155.13 person who advertises, holds out to the public, or otherwise 155.14 represents that the person is authorized to dispense hearing 155.15 instruments must be certified by the commissioner except when 155.16 the person is an audiologist as defined in section 148.512. 155.17 Sec. 10. Minnesota Statutes 2004, section 153A.14, 155.18 subdivision 2i, is amended to read: 155.19 Subd. 2i. [CONTINUING EDUCATION REQUIREMENT.] On forms 155.20 provided by the commissioner, each certified dispenser must 155.21 submit with the application for renewal of certification 155.22 evidence of completion of ten course hours of continuing 155.23 education earned within the 12-month period of July 1 to June 30 155.24 immediately preceding renewal. Continuing education courses 155.25 must be directly related to hearing instrument dispensing and 155.26 approved by the International Hearing Societyor qualify for155.27continuing education approved for Minnesota licensed155.28audiologists. Evidence of completion of the ten course hours of 155.29 continuing education must be submitted with renewal applications 155.30 by October 1 of each year. This requirement does not apply to 155.31 dispensers certified for less than one year. The first report 155.32 of evidence of completion of the continuing education credits 155.33 shall be due October 1, 1997. 155.34 Sec. 11. Minnesota Statutes 2004, section 153A.14, 155.35 subdivision 4, is amended to read: 155.36 Subd. 4. [DISPENSING OF HEARING INSTRUMENTS WITHOUT 156.1 CERTIFICATE.] Except as provided in subdivisions 2a, 4a, and 4c, 156.2 it is unlawful for any person not holding a valid certificate to 156.3 dispense a hearing instrument as defined in section 153A.13, 156.4 subdivision 3. A person who dispenses a hearing instrument 156.5 without the certificate required by this section is guilty of a 156.6 gross misdemeanor. 156.7 Sec. 12. Minnesota Statutes 2004, section 153A.14, 156.8 subdivision 4c, is amended to read: 156.9 Subd. 4c. [RECIPROCITY.] (a) A person applying for 156.10 certification as a hearing instrument dispenser under 156.11 subdivision 1 who has dispensed hearing instruments in another 156.12 jurisdiction may dispense hearing instruments as a trainee under 156.13 indirect supervision if the person: 156.14 (1) satisfies the provisions of subdivision 4a, paragraph 156.15 (a); 156.16 (2) submits a signed and dated affidavit stating that the 156.17 applicant is not the subject of a disciplinary action or past 156.18 disciplinary action in this or another jurisdiction and is not 156.19 disqualified on the basis of section 153A.15, subdivision 1; and 156.20 (3) provides a copy of a current credential as a hearing 156.21 instrument dispenser, an audiologist, or both,held in the 156.22 District of Columbia or a state or territory of the United 156.23 States. 156.24 (b) A person becoming a trainee under this subdivision who 156.25 fails to take and pass the practical examination described in 156.26 subdivision 2h, paragraph (a), clause (2), when next offered 156.27 must cease dispensing hearing instruments unless under direct 156.28 supervision. 156.29 Sec. 13. Minnesota Statutes 2004, section 153A.15, 156.30 subdivision 1, is amended to read: 156.31 Subdivision 1. [PROHIBITED ACTS.] The commissioner may 156.32 take enforcement action as provided under subdivision 2 against 156.33 a dispenser of hearing instruments for the following acts and 156.34 conduct: 156.35 (1) prescribing or otherwise recommending to a consumer or 156.36 potential consumer the use of a hearing instrument, unless the 157.1 prescription from a physician or recommendation from a hearing 157.2 instrument dispenser or audiologist is in writing, is based on 157.3 an audiogram that is delivered to the consumer or potential 157.4 consumer when the prescription or recommendation is made, and 157.5 bears the following information in all capital letters of 157.6 12-point or larger boldface type: "THIS PRESCRIPTION OR 157.7 RECOMMENDATION MAY BE FILLED BY, AND HEARING INSTRUMENTS MAY BE 157.8 PURCHASED FROM, THE CERTIFIED DISPENSER OR LICENSED AUDIOLOGIST 157.9 OF YOUR CHOICE"; 157.10 (2) failing to give a copy of the audiogram, upon which the 157.11 prescription or recommendation is based, to the consumer when 157.12 there has been a charge for the audiogram and the consumer 157.13 requests a copy; 157.14 (3) dispensing a hearing instrument to a minor person 18 157.15 years or younger unless evaluated by an audiologist for hearing 157.16 evaluation and hearing aid evaluation; 157.17 (4) failing to provide the consumer rights brochure 157.18 required by section 153A.14, subdivision 9; 157.19 (5) being disciplined through a revocation, suspension, 157.20 restriction, or limitation by another state for conduct subject 157.21 to action under this chapter; 157.22 (6) presenting advertising that is false or misleading; 157.23 (7) providing the commissioner with false or misleading 157.24 statements of credentials, training, or experience; 157.25 (8) engaging in conduct likely to deceive, defraud, or harm 157.26 the public; or demonstrating a willful or careless disregard for 157.27 the health, welfare, or safety of a consumer; 157.28 (9) splitting fees or promising to pay a portion of a fee 157.29 to any other professional other than a fee for services rendered 157.30 by the other professional to the client; 157.31 (10) engaging in abusive or fraudulent billing practices, 157.32 including violations of federal Medicare and Medicaid laws, Food 157.33 and Drug Administration regulations, or state medical assistance 157.34 laws; 157.35 (11) obtaining money, property, or services from a consumer 157.36 through the use of undue influence, high pressure sales tactics, 158.1 harassment, duress, deception, or fraud; 158.2 (12) failing to comply with restrictions on sales of 158.3 hearing aids in sections 153A.14, subdivision 9, and 153A.19; 158.4 (13) performing the services of a certified hearing 158.5 instrument dispenser in an incompetent or negligent manner; 158.6 (14) failing to comply with the requirements of this 158.7 chapter as an employer, supervisor, or trainee; 158.8 (15) failing to provide information in a timely manner in 158.9 response to a request by the commissioner, commissioner's 158.10 designee, or the advisory council; 158.11 (16) being convicted within the past five years of 158.12 violating any laws of the United States, or any state or 158.13 territory of the United States, and the violation is a felony, 158.14 gross misdemeanor, or misdemeanor, an essential element of which 158.15 relates to hearing instrument dispensing, except as provided in 158.16 chapter 364; 158.17 (17) failing to cooperate with the commissioner, the 158.18 commissioner's designee, or the advisory council in any 158.19 investigation; 158.20 (18) failing to perform hearing instrument dispensing with 158.21 reasonable judgment, skill, or safety due to the use of alcohol 158.22 or drugs, or other physical or mental impairment; 158.23 (19) failing to fully disclose actions taken against the 158.24 applicant or the applicant's legal authorization to dispense 158.25 hearing instruments in this or another state; 158.26 (20) violating a state or federal court order or judgment, 158.27 including a conciliation court judgment, relating to the 158.28 activities of the applicant in hearing instrument dispensing; 158.29 (21) having been or being disciplined by the commissioner 158.30 of the Department of Health, or other authority, in this or 158.31 another jurisdiction, if any of the grounds for the discipline 158.32 are the same or substantially equivalent to those in sections 158.33 153A.13 to 153A.19; 158.34 (22) misrepresenting the purpose of hearing tests, or in 158.35 any way communicating that the hearing test or hearing test 158.36 protocol required by section 153A.14, subdivision 4b, is a 159.1 medical evaluation, a diagnostic hearing evaluation conducted by 159.2 an audiologist, or is other than a test to select a hearing 159.3 instrument, except that the hearing instrument dispenser can 159.4 determine the need for or recommend the consumer obtain a 159.5 medical evaluation consistent with requirements of the United 159.6 States Food and Drug Administration; 159.7 (23) violating any of the provisions of sections 153A.13 to 159.8 153A.19; and 159.9 (24) aiding or abetting another person in violating any of 159.10 the provisions of sections 153A.13 to 153A.19. 159.11 Sec. 14. Minnesota Statutes 2004, section 153A.20, 159.12 subdivision 1, is amended to read: 159.13 Subdivision 1. [MEMBERSHIP.] The commissioner shall 159.14 appoint nine persons to a Hearing Instrument Dispenser Advisory 159.15 Council. 159.16 (a) The nine persons must include: 159.17 (1) three public members, as defined in section 214.02. At 159.18 least one of the public members shall be a hearing instrument 159.19 user and one of the public members shall be either a hearing 159.20 instrument user or an advocate of one; and 159.21 (2) three hearing instrument dispensers certified under 159.22 sections 153A.14 to 153A.20, each of whom is currently, and has 159.23 been for the five years immediately preceding their appointment, 159.24 engaged in hearing instrument dispensing in Minnesota and who 159.25 represent the occupation of hearing instrument dispensing and 159.26 who are not audiologists; and 159.27 (3) three audiologistswho are certified hearing instrument159.28dispensers or arelicensed as audiologists under chapter 148. 159.29 (b) The factors the commissioner may consider when 159.30 appointing advisory council members include, but are not limited 159.31 to, professional affiliation, geographical location, and type of 159.32 practice. 159.33 (c) No two members of the advisory council shall be 159.34 employees of, or have binding contracts requiring sales 159.35 exclusively for, the same hearing instrument manufacturer or the 159.36 same employer. 160.1 Sec. 15. [REVISOR'S INSTRUCTION.] 160.2 The revisor of statutes shall change references from 160.3 "sections 148.511 to 148.5196" to "sections 148.511 to 148.5198" 160.4 wherever they appear in Minnesota Statutes and Minnesota Rules. 160.5 Sec. 16. [REPEALER.] 160.6 Minnesota Statutes 2004, section 153A.14, subdivision 2a, 160.7 is repealed. 160.8 Sec. 17. [EFFECTIVE DATE.] 160.9 Sections 1 to 14 and 16 are effective August 1, 2005. 160.10 ARTICLE 8 160.11 OFFICE OF MENTAL HEALTH PRACTICES COMMITTEE 160.12 Section 1. Minnesota Statutes 2004, section 148B.60, is 160.13 amended to read: 160.14 148B.60 [DEFINITIONS.] 160.15 Subdivision 1. [TERMS.] As used in sections 148B.60 to 160.16 148B.71, the following terms have the meanings given them in 160.17 this section. 160.18 Subd. 2. [OFFICE OF MENTAL HEALTH PRACTICE OR OFFICE.] 160.19 "Office of Mental Health Practice" or "office" means the Office 160.20 of Mental Health Practiceestablishedauthorized in section 160.21 148B.61. 160.22 Subd. 3. [UNLICENSED MENTAL HEALTH PRACTITIONER OR 160.23 PRACTITIONER.] "Unlicensed mental health practitioner" or 160.24 "practitioner" means a person who provides or purports to 160.25 provide, for remuneration, mental health services as defined in 160.26 subdivision 4. It does not include persons licensed by the 160.27 Board of Medical Practice under chapter 147 or registered by the 160.28 Board of Medical Practice under chapter 147A; the Board of 160.29 Nursing under sections 148.171 to 148.285; the Board of 160.30 Psychology under sections 148.88 to 148.98; the Board of Social 160.31 Work under sections 148B.18 to 148B.289; the Board of Marriage 160.32 and Family Therapy under sections 148B.29 to 148B.39; the Board 160.33 of Behavioral Health and Therapy under sections 148B.50 to 160.34 148B.593 and chapter 148C; or another licensing board if the 160.35 person is practicing within the scope of the license; members of 160.36 the clergy who are providing pastoral services in the context of 161.1 performing and fulfilling the salaried duties and obligations 161.2 required of a member of the clergy by a religious congregation; 161.3 American Indian medicine men and women; licensed attorneys; 161.4 probation officers; licensed school counselors employed by a 161.5 school district while acting within the scope of employment as 161.6 school counselors;registeredlicensed occupational therapists; 161.7 or licensed occupational therapy assistants. For the purposes 161.8 of complaint investigation or disciplinary action relating to an 161.9 individual practitioner, the term includes: 161.10 (1) persons employed by a program licensed by the 161.11 commissioner of human services who are acting as mental health 161.12 practitioners within the scope of their employment; 161.13 (2) persons employed by a program licensed by the 161.14 commissioner of human services who are providing chemical 161.15 dependency counseling services; persons who are providing 161.16 chemical dependency counseling services in private practice; and 161.17 (3) clergy who are providing mental health services that 161.18 are equivalent to those defined in subdivision 4. 161.19 Subd. 4. [MENTAL HEALTH SERVICES.] "Mental health 161.20 services" means psychotherapy, behavioral health care, spiritual 161.21 counseling, hypnosis when not for entertainment, and the 161.22 professional assessment, treatment, or counseling of another 161.23 person for a cognitive, behavioral, emotional, social, or mental 161.24 condition, symptom, or dysfunction, including intrapersonal or 161.25 interpersonal dysfunctions. The term does not include pastoral 161.26 services provided by members of the clergy to members of a 161.27 religious congregation in the context of performing and 161.28 fulfilling the salaried duties and obligations required of a 161.29 member of the clergy by that religious congregation. 161.30 Subd. 5. [MENTAL HEALTH CLIENT OR CLIENT.] "Mental health 161.31 client" or "client" means a person who receives or pays for the 161.32 services of a mental health practitioner. 161.33 Subd. 5a. [MENTAL-HEALTH-RELATED LICENSING 161.34 BOARDS.] "Mental-health-related licensing boards" means the 161.35 Boards of Medical Practice, Nursing, Psychology, Social Work, 161.36 Marriage and Family Therapy, and Behavioral Health and Therapy. 162.1Subd. 7. [COMMISSIONER.] "Commissioner" means the162.2commissioner of health or the commissioner's designee.162.3 Subd. 7a. [COMMITTEE.] "Committee" means the Office of 162.4 Mental Health Practices Committee, consisting of one person 162.5 appointed by each of the following licensing boards: the Board 162.6 of Medical Practice; the Board of Nursing; the Board of 162.7 Psychology; the Board of Social Work; the Board of Marriage and 162.8 Family Therapy; and the Board of Behavioral Health and Therapy. 162.9 Subd. 8. [DISCIPLINARY ACTION.] "Disciplinary action" 162.10 means an adverse action taken by the commissioner against an 162.11 unlicensed mental health practitioner relating to the person's 162.12 right to provide mental health services. 162.13 Sec. 2. Minnesota Statutes 2004, section 148B.61, is 162.14 amended to read: 162.15 148B.61 [OFFICE OF MENTAL HEALTH PRACTICE.] 162.16 Subdivision 1. [CREATIONAUTHORITY.] (a) The Office of 162.17 Mental Health Practice iscreated in the Department of Health162.18 transferred to the mental-health-related licensing boards and 162.19 authorized to investigate complaints and take and enforce 162.20 disciplinary actions against all unlicensed mental health 162.21 practitioners for violations of prohibited conduct, as defined 162.22 in section 148B.68. 162.23 (b) The office shall publish a complaint telephone number, 162.24 provide an informational Web site, and also serve as a referral 162.25 point and clearinghouse on complaints against mental health 162.26services and both licensed and unlicensed mental health162.27professionals, through the dissemination ofpractitioners. The 162.28 office shall disseminate objective information to consumersand162.29 through the development and performance of public education 162.30 activities, including outreach, regarding the provision of 162.31 mental health services and both licensed and unlicensed mental 162.32 health professionals who provide these services. 162.33Subd. 2. [RULEMAKING.] The commissioner of health shall162.34adopt rules necessary to implement, administer, or enforce162.35provisions of sections 148B.60 to 148B.71 pursuant to chapter162.3614. The commissioner may not adopt rules that restrict or163.1prohibit persons from providing mental health services on the163.2basis of education, training, experience, or supervision.163.3 Subd. 4. [MANAGEMENT, REPORT, AND SUNSET OF THE 163.4 OFFICE.] (a) The committee shall: 163.5 (1) designate one board to provide administrative 163.6 management of the program; 163.7 (2) set the program budget; and 163.8 (3) ensure that the program's direction is in accord with 163.9 its authority. 163.10 (b) If the participating boards change which board is 163.11 designated to provide administrative management of the program, 163.12 any appropriation remaining for the program shall transfer to 163.13 the newly designated board on the effective date of the change. 163.14 The participating boards must inform the appropriate legislative 163.15 committees and the commissioner of finance of any change in the 163.16 designated board and the amount of any appropriation transferred 163.17 under this provision. 163.18 (c) The designated board shall hire the office employees 163.19 and pay expenses of the program from funds appropriated for that 163.20 purpose. 163.21 (d) After July 1, 2008, the committee shall prepare and 163.22 submit a report to the legislature by January 15, 2009, 163.23 evaluating the activity of the office and making recommendations 163.24 concerning the regulation of unlicensed mental health 163.25 practitioners. In the absence of legislative action to continue 163.26 the office, the committee and the office expire on June 30, 2009. 163.27 Sec. 3. Laws 2003, chapter 118, section 29, as amended by 163.28 Laws 2004, chapter 279, article 5, section 10, is amended to 163.29 read: 163.30 Sec. 29. [REPEALER.] 163.31 (a) Minnesota Statutes2002, sections 148B.60; 148B.61; 163.32 148B.63; 148B.64; 148B.65; 148B.66; 148B.67; 148B.68; 148B.69; 163.33 148B.70; and 148B.71, are repealed. 163.34 [EFFECTIVE DATE.] This paragraph is effective July 1, 163.3520052009. 163.36 (b) Minnesota Statutes 2002, section 148C.01, subdivision 164.1 6, is repealed. 164.2 [EFFECTIVE DATE.] This paragraph is effective July 1, 2005. 164.3 Sec. 4. [APPROPRIATION.] 164.4 $....... is appropriated from the state government special 164.5 revenue fund to the mental-health-related licensing boards as 164.6 nonrecovery funds. 164.7 Sec. 5. [REVISOR INSTRUCTION.] 164.8 The revisor of statutes shall insert "committee" or 164.9 "committee's" wherever "commissioner of health" or 164.10 "commissioner's" appears in Minnesota Statutes, sections 148B.60 164.11 to 148B.71. 164.12 Sec. 6. [EFFECTIVE DATE.] 164.13 This act is effective July 1, 2005. 164.14 ARTICLE 9 164.15 MISCELLANEOUS 164.16 Section 1. Minnesota Statutes 2004, section 148.5194, is 164.17 amended by adding a subdivision to read: 164.18 Subd. 7. [PENALTY FEES.] (a) The penalty fee for 164.19 practicing speech language pathology or audiology without a 164.20 current license after the credential has expired and before it 164.21 is renewed is the amount of the license renewal fee for any part 164.22 of the first month, plus the license renewal fee for any part of 164.23 any subsequent month up to 36 months. 164.24 (b) The penalty fee for applicants who engage in the 164.25 unauthorized practice of speech language pathology or audiology 164.26 before being issued a license is the amount of the license 164.27 application fee for any part of the first month, plus the 164.28 license application fee for any part of any subsequent month up 164.29 to 36 months. This paragraph does not apply to applicants not 164.30 qualifying for a license who engage in the unauthorized practice 164.31 of speech language pathology or audiology. 164.32 (c) The penalty fee for failing to submit a continuing 164.33 education report by the due date with the correct number or type 164.34 of hours in the correct time period is $100 plus $20 for each 164.35 missing clock hour. The licensee must obtain the missing number 164.36 of continuing education hours by the next reporting due date. 165.1 (d) Civil penalties and discipline incurred by licensees 165.2 prior to August 1, 2005, for conduct described in paragraph (a), 165.3 (b), or (c) shall be recorded as nondisciplinary penalty fees. 165.4 For conduct described in paragraph (a) or (b) occurring after 165.5 August 1, 2005, and exceeding six months, payment of a penalty 165.6 fee does not preclude any disciplinary action reasonably 165.7 justified by the individual case. 165.8 Sec. 2. Minnesota Statutes 2004, section 148.6445, is 165.9 amended by adding a subdivision to read: 165.10 Subd. 11. [PENALTY FEES.] (a) The penalty fee for 165.11 practicing occupational therapy without a current license after 165.12 the credential has expired and before it is renewed is the 165.13 amount of the license renewal fee for any part of the first 165.14 month, plus the license renewal fee for any part of any 165.15 subsequent month up to 36 months. 165.16 (b) The penalty fee for applicants who engage in the 165.17 unauthorized practice of occupational therapy before being 165.18 issued a license is the amount of the license application fee 165.19 for any part of the first month, plus the license application 165.20 fee for any part of any subsequent month up to 36 months. This 165.21 paragraph does not apply to applicants not qualifying for a 165.22 license who engage in the unauthorized practice of occupational 165.23 therapy. 165.24 (c) The penalty fee for failing to submit a continuing 165.25 education report by the due date with the correct number or type 165.26 of hours in the correct time period is $100 plus $20 for each 165.27 missing clock hour. The licensee must obtain the missing number 165.28 of continuing education hours by the next reporting due date. 165.29 (d) Civil penalties and discipline incurred by licensees 165.30 prior to August 1, 2005, for conduct described in paragraph (a), 165.31 (b), or (c) shall be recorded as nondisciplinary penalty fees. 165.32 For conduct described in paragraph (a) or (b) occurring after 165.33 August 1, 2005, and exceeding six months, payment of a penalty 165.34 fee does not preclude any disciplinary action reasonably 165.35 justified by the individual case. 165.36 Sec. 3. Minnesota Statutes 2004, section 148C.12, is 166.1 amended by adding a subdivision to read: 166.2 Subd. 11. [PENALTY FEES.] (a) The penalty fee for 166.3 practicing alcohol and drug counseling without a current license 166.4 after the credential has expired and before it is renewed is the 166.5 amount of the license renewal fee for any part of the first 166.6 month, plus the license renewal fee for any part of any 166.7 subsequent month up to 36 months. 166.8 (b) The penalty fee for applicants who engage in the 166.9 unauthorized practice of alcohol and drug counseling before 166.10 being issued a license is the amount of the license application 166.11 fee for any part of the first month, plus the license 166.12 application fee for any part of any subsequent month up to 36 166.13 months. This paragraph does not apply to applicants not 166.14 qualifying for a license who engage in the unauthorized practice 166.15 of alcohol and drug counseling. 166.16 (c) The penalty fee for failing to submit a continuing 166.17 education report by the due date with the correct number or type 166.18 of hours in the correct time period is $100 plus $20 for each 166.19 missing clock hour. The licensee must obtain the correct number 166.20 of continuing education hours by the next reporting due date. 166.21 (d) Civil penalties and discipline incurred by licensees 166.22 prior to August 1, 2005, for conduct described in paragraph (a), 166.23 (b), or (c) shall be recorded as nondisciplinary penalty fees. 166.24 For conduct described in paragraph (a) or (b) occurring after 166.25 August 1, 2005, and exceeding 12 months, payment of a penalty 166.26 fee does not preclude any disciplinary action reasonably 166.27 justified by the individual case. 166.28 Sec. 4. [153A.175] [PENALTY FEES.] 166.29 (a) The penalty fee for holding oneself out as a hearing 166.30 instrument dispenser without a current certificate after the 166.31 credential has expired and before it is renewed is one-half the 166.32 amount of the certificate renewal fee for any part of the first 166.33 day, plus one-half the certificate renewal fee for any part of 166.34 any subsequent days up to 30 days. 166.35 (b) The penalty fee for applicants who hold themselves out 166.36 as hearing instrument dispensers after expiration of the trainee 167.1 period and before being issued a certificate is one-half the 167.2 amount of the certificate application fee for any part of the 167.3 first day, plus one-half the certificate application fee for any 167.4 part of any subsequent days up to 30 days. This paragraph does 167.5 not apply to applicants not qualifying for a certificate who 167.6 hold themselves out as hearing instrument dispensers. 167.7 (c) The penalty fee for failing to submit a continuing 167.8 education report by the due date with the correct number or type 167.9 of hours in the correct time period is $200 plus $200 for each 167.10 missing clock hour. The certificate holder must obtain the 167.11 missing number of continuing education hours by the next 167.12 reporting due date. 167.13 (d) Civil penalties and discipline incurred by certificate 167.14 holders prior to August 1, 2005, for conduct described in 167.15 paragraph (a), (b), or (c) shall be recorded as nondisciplinary 167.16 penalty fees. Payment of a penalty fee does not preclude any 167.17 disciplinary action reasonably justified by the individual case.