Engrossments
Introduction		Posted on 02/24/2005

Section 1.

new text begin [148D.001] CITATION.
new text end

new text begin This chapter may be cited as the "Minnesota Board of Social
Work Practice Act."
new text end

Sec. 2.

new text begin [148D.005] PURPOSE.
new text end

new text begin The purpose of this chapter is to promote and protect the
public health, safety, and welfare through the licensure and
regulation of persons who practice social work in this state.
new text end

Sec. 3.

new text begin [148D.010] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purpose of this chapter,
the terms in this section have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Applicant. new text end

new text begin "Applicant" means a person who
submits an application to the board for a new license, a license
renewal, a change in license, an inactive license, reactivation
of a license, or a voluntary termination.
new text end

new text begin Subd. 3. new text end

new text begin Application. new text end

new text begin "Application" means an application
to the board for a new license, a license renewal, a change in
license, an inactive license, reactivation of a license, or
voluntary termination.
new text end

new text begin Subd. 4. new text end

new text begin Board. new text end

new text begin "Board" means the Board of Social Work
created under section 148D.025.
new text end

new text begin Subd. 5. new text end

new text begin Client. new text end

new text begin "Client" means an individual, couple,
family, group, community, or organization that receives or has
received social work services as described in subdivision 9.
new text end

new text begin Subd. 6. new text end

new text begin Clinical practice. new text end

new text begin "Clinical practice" means
applying professional social work knowledge, skills, and values
in the differential diagnosis and treatment of psychosocial
function, disability, or impairment, including addictions and
emotional, mental, and behavioral disorders. Treatment includes
a plan based on a differential diagnosis. Treatment may
include, but is not limited to, the provision of psychotherapy
to individuals, couples, families, and groups. Clinical social
workers may also provide the services described in subdivision 9.
new text end

new text begin Subd. 7. new text end

new text begin Intern. new text end

new text begin "Intern" means a student in field
placement working under the supervision or direction of a social
worker.
new text end

new text begin Subd. 8. new text end

new text begin Person-in-environment perspective.
new text end

new text begin "Person-in-environment perspective" means viewing human
behavior, development, and function in the context of one or
more of the following: the environment, social functioning,
mental health, and physical health.
new text end

new text begin Subd. 9. new text end

new text begin Practice of social work. new text end

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

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

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

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

new text begin (ii) conducting research related to social work services;
new text end

new text begin (iii) developing and administering programs which provide
social work services;
new text end

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

new text begin (v) supervising individuals who provide social work
services to clients;
new text end

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

new text begin (vii) teaching professional social work knowledge, skills,
and values to students; and
new text end

new text begin (3) engaging in clinical practice.
new text end

new text begin Subd. 10. new text end

new text begin Professional name. new text end

new text begin "Professional name" means
the name a licensed social worker uses in making representations
of the social worker's professional status to the public and
which has been designated to the board in writing pursuant to
section 148D.090.
new text end

new text begin Subd. 11. new text end

new text begin Professional social work knowledge, skills, and
values. new text end

new text begin "Professional social work knowledge, skills, and values"
means the knowledge, skills, and values taught in programs
accredited by the Council on Social Work Education, the Canadian
Association of Schools of Social Work, or a similar
accreditation body designated by the board. Professional social
work knowledge, skills, and values include, but are not limited
to, principles of person-in-environment and the values,
principles, and standards described in the Code of Ethics of the
National Association of Social Workers.
new text end

new text begin Subd. 12. new text end

new text begin Sexual conduct. new text end

new text begin "Sexual conduct" means any
physical contact or conduct that may be reasonably interpreted
as sexual, or any oral, written, electronic, or other
communication that suggests engaging in physical contact or
conduct that may be reasonably interpreted as sexual.
new text end

new text begin Subd. 13. new text end

new text begin Social worker. new text end

new text begin "Social worker" means an
individual who:
new text end

new text begin (1) is licensed as a social worker; or
new text end

new text begin (2) has obtained a social work degree from a program
accredited by the Council on Social Work Education, the Canadian
Association of Schools of Social Work, or a similar
accreditation body designated by the board and engages in the
practice of social work.
new text end

new text begin Subd. 14. new text end

new text begin Student. new text end

new text begin "Student" means an individual who is
taught professional social work knowledge, skills, and values in
a program that has been accredited by the Council on Social Work
Education, the Canadian Association of Schools of Social Work,
or a similar accreditation body designated by the board.
new text end

new text begin Subd. 15. new text end

new text begin Supervisee. new text end

new text begin "Supervisee" means an individual
provided evaluation and supervision or direction by a social
worker.
new text end

new text begin Subd. 16. new text end

new text begin Supervision. new text end

new text begin "Supervision" means a
professional relationship between a supervisor and a social
worker in which the supervisor provides evaluation and direction
of the services provided by the social worker to promote
competent and ethical services to clients through the continuing
development of the social worker's knowledge and application of
accepted professional social work knowledge, skills, and values.
new text end APPLICABILITY

Sec. 4.

new text begin [148D.015] SCOPE.
new text end

new text begin This chapter applies to all applicants and licensees, all
persons who use the title social worker, and all persons in or
out of this state who provide social work services to clients
who reside in this state unless there are specific applicable
exemptions provided by law.
new text end

Sec. 5.

new text begin [148D.020] CHAPTER 214.
new text end

new text begin Chapter 214 applies to the Board of Social Work unless
superseded by this chapter.
new text end BOARD

Sec. 6.

new text begin [148D.025] BOARD OF SOCIAL WORK.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin The Board of Social Work
consists of 15 members appointed by the governor. The members
are:
new text end

new text begin (1) ten social workers licensed pursuant to section
148D.055; and
new text end

new text begin (2) five public members as defined in section 214.02.
new text end

new text begin Subd. 2. new text end

new text begin Qualifications of board members. new text end

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

new text begin (b) Five social worker members must be licensed social
workers. The other five members must be a licensed graduate
social worker, a licensed independent social worker, or a
licensed independent clinical social worker.
new text end

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

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

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

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

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

new text begin (5) two members must be engaged in the practice of social
work in a private agency;
new text end

new text begin (6) one member must be engaged in the practice of social
work in a clinical social work setting; and
new text end

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

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

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

new text begin Subd. 3. new text end

new text begin Officers. new text end

new text begin The board must annually elect from
its membership a chair, vice-chair, and secretary-treasurer.
new text end

new text begin Subd. 4. new text end

new text begin Bylaws. new text end

new text begin The board must adopt bylaws to govern
its proceedings.
new text end

new text begin Subd. 5. new text end

new text begin Executive director. new text end

new text begin The board must appoint and
employ an executive director who is not a member of the board.
new text end

Sec. 7.

new text begin [148D.030] DUTIES OF THE BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Duties. new text end

new text begin The board must perform the duties
necessary to promote and protect the public health, safety, and
welfare through the licensure and regulation of persons who
practice social work in this state. These duties include, but
are not limited to:
new text end

new text begin (1) establishing the qualifications and procedures for
individuals to be licensed as social workers;
new text end

new text begin (2) establishing standards of practice for social workers;
new text end

new text begin (3) holding examinations or contracting with the
Association of Social Work Boards or a similar examination body
designated by the board to hold examinations to assess
applicants' qualifications;
new text end

new text begin (4) issuing licenses to qualified individuals pursuant to
sections 148D.055 and 148D.060;
new text end

new text begin (5) taking disciplinary, adversarial, corrective, or other
action pursuant to sections 148D.255 to 148D.270 when an
individual violates the requirements of this chapter;
new text end

new text begin (6) assessing fees pursuant to sections 148D.175 and
148D.180; and
new text end

new text begin (7) educating social workers and the public on the
requirements of the board.
new text end

new text begin Subd. 2. new text end

new text begin Rules. new text end

new text begin The board may adopt and enforce rules to
carry out the duties specified in subdivision 1.
new text end

Sec. 8.

new text begin [148D.035] VARIANCES.
new text end

new text begin If the effect of a requirement pursuant to this chapter is
unreasonable, impossible to execute, absurd, or would impose an
extreme hardship on a licensee, the board may grant a variance
if the variance is consistent with promoting and protecting the
public health, safety, and welfare. A variance must not be
granted for core licensing standards such as substantive
educational and examination requirements.
new text end

Sec. 9.

new text begin [148D.040] IMMUNITY.
new text end

new text begin Board members, board employees, and persons engaged on
behalf of the board are immune from civil liability and criminal
prosecution for any actions, transactions, or publications in
the lawful execution of or relating to their duties under this
chapter.
new text end CONTESTED CASES

Sec. 10.

new text begin [148D.045] CONTESTED CASE HEARING.
new text end

new text begin An applicant or a licensee who is the subject of a
disciplinary or adversarial action by the board pursuant to this
chapter may request a contested case hearing under sections
14.57 to 14.62. An applicant or a licensee who desires to
request a contested case hearing must submit a written request
to the board within 90 days after the date on which the board
mailed the notification of the adverse action, except as
otherwise provided in this chapter.
new text end LICENSING

Sec. 11.

new text begin [148D.050] LICENSING; SCOPE OF PRACTICE.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements. new text end

new text begin The practice of social work
must comply with the requirements of subdivision 2, 3, 4, or 5.
new text end

new text begin Subd. 2. new text end

new text begin Licensed social worker. new text end

new text begin A licensed social
worker may engage in social work practice except that a licensed
social worker must not engage in clinical practice.
new text end

new text begin Subd. 3. new text end

new text begin Licensed graduate social worker. new text end

new text begin A licensed
graduate social worker may engage in social work practice except
that a licensed graduate social worker must not engage in
clinical practice except under the supervision of a licensed
independent clinical social worker or an alternate supervisor
pursuant to section 148D.120.
new text end

new text begin Subd. 4. new text end

new text begin Licensed independent social worker. new text end

new text begin A licensed
independent social worker may engage in social work practice
except that a licensed independent social worker must not engage
in clinical practice except under the supervision of a licensed
independent clinical social worker or an alternate supervisor
pursuant to section 148D.120.
new text end

new text begin Subd. 5. new text end

new text begin Licensed independent clinical social worker. new text end

new text begin A
licensed independent clinical social worker may engage in social
work practice, including clinical practice.
new text end

Sec. 12.

new text begin [148D.055] LICENSE REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin License required. new text end

new text begin (a) In order to
practice social work, an individual must have a social work
license under this section or section 148D.060, except when the
individual is exempt from licensure pursuant to section 148D.065.
new text end

new text begin (b) Individuals who teach professional social work
knowledge, skills, and values to students and who have a social
work degree from a program accredited by the Council on Social
Work Education, the Canadian Association of Schools of Social
Work, or a similar accreditation body designated by the board
must have a social work license under this section or section
148D.060, except when the individual is exempt from licensure
pursuant to section 148D.065.
new text end

new text begin Subd. 2. new text end

new text begin Qualifications for licensure by examination as a
licensed social worker. new text end

new text begin (a) Except as provided in paragraph
(i), to be licensed as a licensed social worker, an applicant
for licensure by examination must provide evidence satisfactory
to the board that the applicant:
new text end

new text begin (1) has received a baccalaureate degree in social work from
a program accredited by the Council on Social Work Education,
the Canadian Association of Schools of Social Work, or a similar
accreditation body designated by the board;
new text end

new text begin (2) has passed the bachelors or equivalent examination
administered by the Association of Social Work Boards or a
similar examination body designated by the board. Unless an
applicant applies for licensure by endorsement pursuant to
subdivision 7, an examination is not valid if it was taken and
passed eight or more years prior to submitting a completed,
signed application form provided by the board. The examination
may be taken prior to completing degree requirements;
new text end

new text begin (3) has submitted a completed, signed application form
provided by the board, including the applicable application fee
specified in section 148D.180. For applications submitted
electronically, a "signed application" means providing an
attestation as specified by the board;
new text end

new text begin (4) has submitted the criminal background check fee and a
form provided by the board authorizing a criminal background
check pursuant to subdivision 8;
new text end

new text begin (5) has paid the applicable license fee specified in
section 148D.180; and
new text end

new text begin (6) has not engaged in conduct that was or would be in
violation of the standards of practice specified in sections
148D.195 to 148D.240. If the applicant has engaged in conduct
that was or would be in violation of the standards of practice,
the board may take action pursuant to sections 148D.255 to
148D.270.
new text end

new text begin (b) An application that is not completed and signed, or
that is not accompanied by the correct fee, must be returned to
the applicant, along with any fee submitted, and is void.
new text end

new text begin (c) A licensee granted a license by the board pursuant to
paragraph (a) must meet the supervised practice requirements
specified in sections 148D.100 to 148D.125. If a licensee does
not meet the supervised practice requirements, the board may
take action pursuant to sections 148D.255 to 148D.270.
new text end

new text begin (d) By submitting an application for licensure, an
applicant authorizes the board to investigate any information
provided or requested in the application. The board may request
that the applicant provide additional information, verification,
or documentation.
new text end

new text begin (e) Within one year of the time the board receives an
application for licensure, the applicant must meet all the
requirements specified in paragraph (a) and must provide all of
the information requested by the board pursuant to paragraph
(d). If within one year the applicant does not meet all the
requirements, or does not provide all of the information
requested, the applicant is considered ineligible and the
application for licensure must be closed.
new text end

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

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

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

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

new text begin (3) provides to the board letters of recommendation from
two licensed social workers attesting to the applicant's ability
to practice social work competently and ethically in accordance
with professional social work knowledge, skills, and values.
new text end

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

new text begin (i) An applicant who was born in a foreign country, who has
taken and failed to pass the examination specified in paragraph
(a), clause (2), at least once since January 1, 2000, and for
whom English is a second language, is eligible for licensure as
a social worker if the applicant:
new text end

new text begin (1) provides evidence to the board of compliance with the
requirements in paragraph (a), clauses (1) and (3) to (6), and
in paragraphs (b) to (e) and (h); and
new text end

new text begin (2) provides to the board letters of recommendation and
experience ratings from two licensed social workers and one
professor from the applicant's social work program who can
attest to the applicant's competence.
new text end

new text begin This paragraph expires August 1, 2007.
new text end

new text begin Subd. 3. new text end

new text begin Qualifications for licensure by examination as a
licensed graduate social worker. new text end

new text begin (a) Except as provided in
paragraph (i), to be licensed as a licensed graduate social
worker, an applicant for licensure by examination must provide
evidence satisfactory to the board that the applicant:
new text end

new text begin (1) has received a graduate degree in social work from a
program accredited by the Council on Social Work Education, the
Canadian Association of Schools of Social Work, or a similar
accreditation body designated by the board;
new text end

new text begin (2) has passed the masters or equivalent examination
administered by the Association of Social Work Boards or a
similar examination body designated by the board. Unless an
applicant applies for licensure by endorsement pursuant to
section 148D.055, subdivision 7, an examination is not valid if
it was taken and passed eight or more years prior to submitting
a completed, signed application form provided by the board. The
examination may be taken prior to completing degree
requirements;
new text end

new text begin (3) has submitted a completed, signed application form
provided by the board, including the applicable application fee
specified in section 148D.180. For applications submitted
electronically, a "signed application" means providing an
attestation as specified by the board;
new text end

new text begin (4) has submitted the criminal background check fee and a
form provided by the board authorizing a criminal background
check pursuant to subdivision 8;
new text end

new text begin (5) has paid the applicable license fee specified in
section 148D.180; and
new text end

new text begin (6) has not engaged in conduct that was or would be in
violation of the standards of practice specified in sections
148D.195 to 148D.240. If the applicant has engaged in conduct
that was or would be in violation of the standards of practice,
the board may take action pursuant to sections 148D.255 to
148D.270.
new text end

new text begin (b) An application which is not completed and signed, or
which is not accompanied by the correct fee, must be returned to
the applicant, along with any fee submitted, and is void.
new text end

new text begin (c) A licensee granted a license by the board pursuant to
paragraph (a) must meet the supervised practice requirements
specified in sections 148D.100 to 148D.125. If a licensee does
not meet the supervised practice requirements, the board may
take action pursuant to sections 148D.255 to 148D.270.
new text end

new text begin (d) By submitting an application for licensure, an
applicant authorizes the board to investigate any information
provided or requested in the application. The board may request
that the applicant provide additional information, verification,
or documentation.
new text end

new text begin (e) Within one year of the time the board receives an
application for licensure, the applicant must meet all the
requirements specified in paragraph (a) and must provide all of
the information requested by the board pursuant to paragraph
(d). If within one year the applicant does not meet all the
requirements, or does not provide all of the information
requested, the applicant is considered ineligible and the
application for licensure must be closed.
new text end

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

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

new text begin (1) meets all requirements specified in paragraphs (a) to
(e) other than passing the masters or equivalent examination
administered by the Association of Social Work boards or a
similar examination body designated by the board;
new text end

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

new text begin (3) provides to the board letters of recommendation from
two licensed social workers attesting to the applicant's ability
to practice social work competently and ethically in accordance
with professional social work knowledge, skills, and values.
new text end

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

new text begin (i) An applicant who was born in a foreign country, who has
taken and failed to pass the examination specified in paragraph
(a), clause (2), at least once since January 1, 2000, and for
whom English is a second language, is eligible for licensure as
a social worker if the applicant:
new text end

new text begin (1) provides evidence to the board of compliance with the
requirements in paragraph (a), clauses (1) and (3) to (6), and
in paragraphs (b) to (e) and (h); and
new text end

new text begin (2) provides to the board letters of recommendation and
experience ratings from two licensed social workers and one
professor from the applicant's social work program who can
attest to the applicant's competence.
new text end

new text begin This paragraph expires August 1, 2007.
new text end

new text begin Subd. 4. new text end

new text begin Qualifications for licensure by examination as a
licensed independent social worker. new text end

new text begin (a) Except as provided in
paragraph (i), to be licensed as a licensed independent social
worker, an applicant for licensure by examination must provide
evidence satisfactory to the board that the applicant:
new text end

new text begin (1) has received a graduate degree in social work from a
program accredited by the Council on Social Work Education, the
Canadian Association of Schools of Social Work, or a similar
accreditation body designated by the board;
new text end

new text begin (2) has practiced social work as defined in section
148D.010, and has met the supervised practice requirements
specified in sections 148D.100 to 148D.125;
new text end

new text begin (3) has passed the advanced generalist or equivalent
examination administered by the Association of Social Work
Boards or a similar examination body designated by the board.
Unless an applicant applies for licensure by endorsement
pursuant to subdivision 7, an examination is not valid if it was
taken and passed eight or more years prior to submitting a
completed, signed application form provided by the board;
new text end

new text begin (4) has submitted a completed, signed application form
provided by the board, including the applicable application fee
specified in section 148D.180. For applications submitted
electronically, a "signed application" means providing an
attestation as specified by the board;
new text end

new text begin (5) has submitted the criminal background check fee and a
form provided by the board authorizing a criminal background
check pursuant to subdivision 8;
new text end

new text begin (6) has paid the applicable license fee specified in
section 148D.180; and
new text end

new text begin (7) has not engaged in conduct that was or would be in
violation of the standards of practice specified in sections
148D.195 to 148D.240. If the applicant has engaged in conduct
that was or would be in violation of the standards of practice,
the board may take action pursuant to sections 148D.255 to
148D.270.
new text end

new text begin (b) An application which is not completed and signed, or
which is not accompanied by the correct fee, must be returned to
the applicant, along with any fee submitted, and is void.
new text end

new text begin (c) A licensed independent social worker who practices
clinical social work must meet the supervised practice
requirements specified in sections 148D.100 to 148D.125. If a
licensee does not meet the supervised practice requirements, the
board may take action pursuant to sections 148D.255 to 148D.270.
new text end

new text begin (d) By submitting an application for licensure, an
applicant authorizes the board to investigate any information
provided or requested in the application. The board may request
that the applicant provide additional information, verification,
or documentation.
new text end

new text begin (e) Within one year of the time the board receives an
application for licensure, the applicant must meet all the
requirements specified in paragraph (a) and must provide all of
the information requested by the board pursuant to paragraph
(d). If within one year the applicant does not meet all the
requirements, or does not provide all of the information
requested, the applicant is considered ineligible and the
application for licensure must be closed.
new text end

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

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

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

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

new text begin (3) provides to the board letters of recommendation from
two licensed social workers attesting to the applicant's ability
to practice social work competently and ethically in accordance
with professional social work knowledge, skills, and values.
new text end

new text begin (h) An individual must not practice social work until the
individual passes the examination and receives a social work
license under this section or section 148D.060. If the board
has reason to believe that an applicant may be practicing social
work without a license, except as provided in section 148D.065,
and the applicant has failed the advanced generalist or
equivalent examination administered by the Association of Social
Work Boards or a similar examination body designated by the
board, the board may notify the applicant's employer that the
applicant is not licensed as a social worker.
new text end

new text begin (i) An applicant who was born in a foreign country, who has
taken and failed to pass the examination specified in paragraph
(a), clause (3), at least once since January 1, 2000, and for
whom English is a second language, is eligible for licensure as
a social worker if the applicant:
new text end

new text begin (1) provides evidence to the board of compliance with the
requirements in paragraph (a), clauses (1), (2), and (4) to (7),
and in paragraphs (b) to (e) and (h); and
new text end

new text begin (2) provides to the board letters of recommendation and
experience ratings from two licensed social workers and one
professor from the applicant's social work program who can
attest to the applicant's competence.
new text end

new text begin This paragraph expires August 1, 2007.
new text end

new text begin Subd. 5. new text end

new text begin Qualifications for licensure by examination as a
licensed independent clinical social worker. new text end

new text begin (a) Except as
provided in paragraph (h), to be licensed as a licensed
independent clinical social worker, an applicant for licensure
by examination must provide evidence satisfactory to the board
that the applicant:
new text end

new text begin (1) has received a graduate degree in social work from a
program accredited by the Council on Social Work Education, the
Canadian Association of Schools of Social Work, or a similar
accreditation body designated by the board;
new text end

new text begin (2) has practiced clinical social work as defined in
section 148D.010, including both diagnosis and treatment, and
has met the supervised practice requirements specified in
sections 148D.100 to 148D.125;
new text end

new text begin (3) has passed the clinical or equivalent examination
administered by the Association of Social Work Boards or a
similar examination body designated by the board. Unless an
applicant applies for licensure by endorsement pursuant to
subdivision 7, an examination is not valid if it was taken and
passed eight or more years prior to submitting a completed,
signed application form provided by the board;
new text end

new text begin (4) has submitted a completed, signed application form
provided by the board, including the applicable application fee
specified in section 148D.180. For applications submitted
electronically, a "signed application" means providing an
attestation as specified by the board;
new text end

new text begin (5) has submitted the criminal background check fee and a
form provided by the board authorizing a criminal background
check pursuant to subdivision 8;
new text end

new text begin (6) has paid the license fee specified in section 148D.180;
and
new text end

new text begin (7) has not engaged in conduct that was or would be in
violation of the standards of practice specified in sections
148D.195 to 148D.240. If the applicant has engaged in conduct
that was or would be in violation of the standards of practice,
the board may take action pursuant to sections 148D.255 to
148D.270.
new text end

new text begin (b) An application which is not completed and signed, or
which is not accompanied by the correct fee, must be returned to
the applicant, along with any fee submitted, and is void.
new text end

new text begin (c) By submitting an application for licensure, an
applicant authorizes the board to investigate any information
provided or requested in the application. The board may request
that the applicant provide additional information, verification,
or documentation.
new text end

new text begin (d) Within one year of the time the board receives an
application for licensure, the applicant must meet all the
requirements specified in paragraph (a) and must provide all of
the information requested by the board pursuant to paragraph
(c). If within one year the applicant does not meet all the
requirements, or does not provide all of the information
requested, the applicant is considered ineligible and the
application for licensure must be closed.
new text end

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

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

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

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

new text begin (3) provides to the board letters of recommendation from
two licensed social workers attesting to the applicant's ability
to practice social work competently and ethically in accordance
with professional social work knowledge, skills, and values.
new text end

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

new text begin (h) An applicant who was born in a foreign country, who has
taken and failed to pass the examination specified in paragraph
(a), clause (3), at least once since January 1, 2000, and for
whom English is a second language, is eligible for licensure as
a social worker if the applicant:
new text end

new text begin (1) provides evidence to the board of compliance with the
requirements in paragraph (a), clauses (1), (2), and (4) to (7),
and paragraphs (b) to (d) and (g); and
new text end

new text begin (2) provides to the board letters of recommendation and
experience ratings from two licensed social workers and one
professor from the applicant's social work program who can
attest to the applicant's competence.
new text end

new text begin This paragraph expires August 1, 2007.
new text end

new text begin Subd. 6. new text end

new text begin Degrees from outside the united states or
canada. new text end

new text begin If an applicant receives a degree from a program
outside the United States or Canada that is not accredited by
the Council on Social Work Education, the Canadian Association
of Schools of Social Work, or a similar examination body
designated by the board, the degree does not fulfill the
requirements specified in subdivision 2, paragraph (a), clause
(1); 3, paragraph (a), clause (1); 4, paragraph (a), clause (1);
or 5, paragraph (a), clause (1), unless the Council on Social
Work Education or a similar accreditation body designated by the
board has determined through the council's international
equivalency determination service that the degree earned is
equivalent to the degree required.
new text end

new text begin Subd. 7. new text end

new text begin Licensure by endorsement. new text end

new text begin (a) An applicant for
licensure by endorsement must hold a current license or
credential to practice social work in another jurisdiction.
new text end

new text begin (b) An applicant for licensure by endorsement who meets the
qualifications of paragraph (a) and who demonstrates to the
satisfaction of the board that the applicant passed the
examination administered by the Association of Social Work
Boards or a similar examination body designated by the board for
the applicable license in Minnesota is not required to retake
the licensing examination.
new text end

new text begin (c) An application for licensure by endorsement must meet
the applicable license requirements specified in subdivisions 1
to 6 and submit the licensure by endorsement application fee
specified in section 148D.180.
new text end

new text begin Subd. 8. new text end

new text begin Criminal background checks. new text end

new text begin (a) Except as
provided in paragraph (b), an initial license application must
be accompanied by:
new text end

new text begin (1) a form provided by the board authorizing the board to
complete a criminal background check; and
new text end

new text begin (2) the criminal background check fee specified by the
Bureau of Criminal Apprehension.
new text end

new text begin Criminal background check fees collected by the board must
be used to reimburse the Bureau of Criminal Apprehension for the
criminal background checks.
new text end

new text begin (b) An applicant who has previously submitted a license
application authorizing the board to complete a criminal
background check is exempt from the requirement specified in
paragraph (a).
new text end

new text begin (c) If a criminal background check indicates that an
applicant has engaged in criminal behavior, the board may take
action pursuant to sections 148D.255 to 148D.270.
new text end

new text begin Subd. 9. new text end

new text begin Effective date. new text end

new text begin The effective date of an
initial license is the day on which the board receives the
applicable license fee from an applicant approved for licensure.
new text end

new text begin Subd. 10. new text end

new text begin Expiration date. new text end

new text begin The expiration date of an
initial license is the last day of the licensee's birth month in
the second calendar year following the effective date of the
initial license.
new text end

new text begin Subd. 11. new text end

new text begin Change in license. new text end

new text begin (a) A licensee who changes
from a licensed social worker to a licensed graduate social
worker, or from a licensed graduate social worker to a licensed
independent social worker, or from a licensed graduate social
worker or licensed independent social worker to a licensed
independent clinical social worker, must pay the prorated share
of the fee for the new license.
new text end

new text begin (b) The effective date of the new license is the day on
which the board receives the applicable license fee from an
applicant approved for the new license.
new text end

new text begin (c) The expiration date of the new license is the same date
as the expiration date of the license held by the licensee prior
to the change in the license.
new text end

Sec. 13.

new text begin [148D.060] TEMPORARY LICENSES.
new text end

new text begin Subdivision 1. new text end

new text begin Students and other persons not currently
licensed in another jurisdiction. new text end

new text begin The board may issue a
temporary license to practice social work to an applicant who is
not licensed or credentialed to practice social work in any
jurisdiction but has:
new text end

new text begin (1) applied for a license under section 148D.055;
new text end

new text begin (2) applied for a temporary license on a form provided by
the board;
new text end

new text begin (3) submitted a form provided by the board authorizing the
board to complete a criminal background check;
new text end

new text begin (4) passed the applicable licensure examination provided
for in section 148D.055;
new text end

new text begin (5) attested on a form provided by the board that the
applicant has completed the requirements for a baccalaureate or
graduate degree in social work from a program accredited by the
Council on Social Work Education, the Canadian Association of
Schools of Social Work, or a similar accreditation body
designated by the board; and
new text end

new text begin (6) not engaged in conduct that was or would be in
violation of the standards of practice specified in sections
148D.195 to 148D.240. If the applicant has engaged in conduct
that was or would be in violation of the standards of practice,
the board may take action pursuant to sections 148D.255 to
148D.270.
new text end

new text begin Subd. 2. new text end

new text begin Emergency situations and persons currently
licensed in another jurisdiction. new text end

new text begin The board may issue a
temporary license to practice social work to an applicant who is
licensed or credentialed to practice social work in another
jurisdiction, may or may not have applied for a license under
section 148D.055, and has:
new text end

new text begin (1) applied for a temporary license on a form provided by
the board;
new text end

new text begin (2) submitted a form provided by the board authorizing the
board to complete a criminal background check;
new text end

new text begin (3) submitted evidence satisfactory to the board that the
applicant is currently licensed or credentialed to practice
social work in another jurisdiction;
new text end

new text begin (4) attested on a form provided by the board that the
applicant has completed the requirements for a baccalaureate or
graduate degree in social work from a program accredited by the
Council on Social Work Education, the Canadian Association of
Schools of Social Work, or a similar accreditation body
designated by the board; and
new text end

new text begin (5) not engaged in conduct that was or would be in
violation of the standards of practice specified in sections
148D.195 to 148D.240. If the applicant has engaged in conduct
that was or would be in violation of the standards of practice,
the board may take action pursuant to sections 148D.255 to
148D.270.
new text end

new text begin Subd. 3. new text end

new text begin Teachers. new text end

new text begin The board may issue a temporary
license to practice social work to an applicant whose permanent
residence is outside the United States, who is teaching social
work at an academic institution in Minnesota for a period not to
exceed 12 months, who may or may not have applied for a license
under section 148D.055, and who has:
new text end

new text begin (1) applied for a temporary license on a form provided by
the board;
new text end

new text begin (2) submitted a form provided by the board authorizing the
board to complete a criminal background check;
new text end

new text begin (3) attested on a form provided by the board that the
applicant has completed the requirements for a baccalaureate or
graduate degree in social work; and
new text end

new text begin (4) has not engaged in conduct that was or would be in
violation of the standards of practice specified in sections
148D.195 to 148D.240. If the applicant has engaged in conduct
that was or would be in violation of the standards of practice,
the board may take action pursuant to sections 148D.255 to
148D.270.
new text end

new text begin Subd. 4. new text end

new text begin Temporary license application fee. new text end

new text begin An applicant
for a temporary license must pay the application fee described
in section 148D.180 plus the required fee for the cost of the
criminal background check. Only one fee for the cost of the
criminal background check must be submitted when the applicant
is applying for both a temporary license and a license under
section 148D.055.
new text end

new text begin Subd. 5. new text end

new text begin Temporary license term. new text end

new text begin (a) A temporary license
is valid until expiration, or until the board issues or denies
the license pursuant to section 148D.055, or until the board
revokes the temporary license, whichever comes first. A
temporary license is nonrenewable.
new text end

new text begin (b) A temporary license issued pursuant to subdivision 1 or
2 expires after six months.
new text end

new text begin (c) A temporary license issued pursuant to subdivision 3
expires after 12 months.
new text end

new text begin Subd. 6. new text end

new text begin Licensee with a temporary license who has
completed requirements for a baccalaureate degree. new text end

new text begin A licensee
with a temporary license who has provided evidence to the board
that the licensee has completed the requirements for a
baccalaureate degree in social work from a program accredited by
the Council on Social Work Education, the Canadian Association
of Schools of Social Work, or a similar accreditation body
designated by the board may temporarily engage in social work
practice except that a licensee with a temporary license may not
engage in clinical social work practice.
new text end

new text begin Subd. 7. new text end

new text begin Licensee with a temporary license who has
completed requirements for a graduate degree. new text end

new text begin A licensee with a
temporary license who has provided evidence to the board that
the licensee has completed the requirements for a graduate
degree in social work from a program accredited by the Council
on Social Work Education, the Canadian Association of Schools of
Social Work, or a similar accreditation body designated by the
board may temporarily engage in social work practice, including
clinical practice.
new text end

new text begin Subd. 8. new text end

new text begin Supervision requirements. new text end

new text begin (a) Except as
provided in paragraph (b), an applicant who is not currently
licensed or credentialed to practice social work in another
jurisdiction and who obtains a temporary license may practice
social work only under the supervision of an individual licensed
as a social worker who is eligible to provide supervision under
sections 148D.100 to 148D.125. Before the applicant is approved
for licensure, the applicant's supervisor must attest to the
board's satisfaction that the applicant has practiced social
work under supervision. This supervision applies toward the
supervision required after licensure.
new text end

new text begin (b) If an applicant is currently licensed or credentialed
to practice social work in another jurisdiction, and receives a
temporary license pursuant to subdivision 3, the requirements
specified in paragraph (a) do not apply. However, if an
applicant with a temporary license chooses to practice social
work under supervision, the supervision applies to the
requirements specified in sections 148D.100 to 148D.125.
new text end

new text begin Subd. 9. new text end

new text begin Prohibition on practice. new text end

new text begin An applicant for a
temporary license must not practice social work in Minnesota,
except as provided in section 148D.065, until the applicant has
been granted a temporary license.
new text end

new text begin Subd. 10. new text end

new text begin Representation of professional status. new text end

new text begin In
making representations of professional status to the public, a
licensee with a temporary license must state that the licensee
has a temporary license.
new text end

new text begin Subd. 11. new text end

new text begin Standards of practice. new text end

new text begin A licensee with a
temporary license must conduct all professional activities as a
social worker in accordance with the requirements of sections
148D.195 to 148D.240.
new text end

new text begin Subd. 12. new text end

new text begin Ineligibility. new text end

new text begin An applicant who is currently
practicing social work in Minnesota in a setting that is not
exempt under section 148D.065 at the time of application is
ineligible for a temporary license.
new text end

new text begin Subd. 13. new text end

new text begin Revocation of temporary license. new text end

new text begin The board may
immediately revoke the temporary license of any licensee who
violates any requirements of this section. The revocation must
be made for cause, without notice or opportunity to be heard. A
licensee whose temporary license is revoked must immediately
return the temporary license to the board.
new text end

Sec. 14.

new text begin [148D.065] EXEMPTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Other professionals. new text end

new text begin Nothing in this
chapter may be construed to prevent members of other professions
or occupations from performing functions for which they are
qualified or licensed. This exception includes but is not
limited to: licensed physicians, registered nurses, licensed
practical nurses, licensed psychologists, psychological
practitioners, probation officers, members of the clergy,
attorneys, marriage and family therapists, alcohol and drug
counselors, professional counselors, school counselors, and
registered occupational therapists or certified occupational
therapist assistants. These persons must not, however, hold
themselves out to the public by any title or description stating
or implying that they are engaged in the practice of social
work, or that they are licensed to engage in the practice of
social work. Persons engaged in the practice of social work are
not exempt from the board's jurisdiction solely by the use of
one of the titles in this subdivision.
new text end

new text begin Subd. 2. new text end

new text begin Students. new text end

new text begin An internship, externship, or any
other social work experience that is required for the completion
of an accredited program of social work does not constitute the
practice of social work under this chapter.
new text end

new text begin Subd. 3. new text end

new text begin Geographic waiver. new text end

new text begin A geographic waiver may be
granted by the board on a case-by-case basis to agencies with
special regional hiring problems. The waiver is for the purpose
of permitting agencies to hire individuals who do not meet the
qualifications of section 148D.055 or 148D.060 to practice
social work.
new text end

new text begin Subd. 4. new text end

new text begin City, county, and state agency social
workers. new text end

new text begin The licensure of city, county, and state agency social
workers is voluntary. City, county, and state agencies
employing social workers are not required to employ licensed
social workers.
new text end

new text begin Subd. 5. new text end

new text begin Federally recognized tribes and private
nonprofit agencies with a minority focus. new text end

new text begin The licensure of
social workers who are employed by federally recognized tribes,
or by private nonprofit agencies whose primary service focus
addresses ethnic minority populations, and who are themselves
members of ethnic minority populations within those agencies, is
voluntary.
new text end

Sec. 15.

new text begin [148D.070] LICENSE RENEWALS.
new text end

new text begin Subdivision 1. new text end

new text begin License renewal term. new text end

new text begin (a) If a license is
renewed, the license must be renewed for a two-year renewal
term. The renewal term is the period from the effective date of
an initial or renewed license to the expiration date of the
license.
new text end

new text begin (b) The effective date of a renewed license is the day
following the expiration date of the expired license.
new text end

new text begin (c) The expiration date of a renewed license is the last
day of the licensee's birth month in the second calendar year
following the effective date of the renewed license.
new text end

new text begin Subd. 2. new text end

new text begin Mailing license renewal notices. new text end

new text begin The board must
mail a notice for license renewal to a licensee at least 45 days
before the expiration date of the license. Mailing the notice
by United States mail to the licensee's last known mailing
address constitutes valid mailing. Failure to receive the
renewal notice does not relieve a licensee of the obligation to
renew a license and to pay the renewal fee.
new text end

new text begin Subd. 3. new text end

new text begin Submitting license renewal applications. new text end

new text begin (a) In
order to renew a license, a licensee must submit:
new text end

new text begin (1) a completed, signed application for license renewal;
and
new text end

new text begin (2) the applicable renewal fee specified in section
148D.180.
new text end

new text begin The completed, signed application and renewal fee must be
received by the board prior to midnight of the day of the
license expiration date. For renewals submitted electronically,
a "signed application" means providing an attestation as
specified by the board.
new text end

new text begin (b) An application which is not completed and signed, or
which is not accompanied by the correct fee, must be returned to
the applicant, along with any fee submitted, and is void.
new text end

new text begin (c) The completed, signed application must include
documentation that the licensee has met the continuing education
requirements specified in sections 148D.130 to 148D.170 and, if
applicable, the supervised practice requirements specified in
sections 148D.100 to 148D.125.
new text end

new text begin (d) By submitting a renewal application, an applicant
authorizes the board to:
new text end

new text begin (1) investigate any information provided or requested in
the application. The board may request that the applicant
provide additional information, verification, or documentation;
new text end

new text begin (2) conduct an audit to determine if the applicant has met
the continuing education requirements specified in sections
148D.130 to 148D.170; and
new text end

new text begin (3) if applicable, conduct an audit to determine whether
the applicant has met the supervision requirements specified in
sections 148D.100 to 148D.125.
new text end

new text begin (e) If a licensee's application for license renewal meets
the requirements specified in paragraph (a), the licensee may
continue to practice after the license expiration date until the
board approves or denies the application.
new text end

new text begin Subd. 4. new text end

new text begin Renewal late fee. new text end

new text begin An application that is
received after the license expiration date must be accompanied
by the renewal late fee specified in section 148D.180 in
addition to the applicable renewal fee. The application,
renewal fee, and renewal late fee must be received by the board
within 60 days of the license expiration date, or the license
automatically expires.
new text end

new text begin Subd. 5. new text end

new text begin Expired license. new text end

new text begin (a) If an application does not
meet the requirements specified in subdivisions 3 and 4, the
license automatically expires. A licensee whose license has
expired may reactivate a license by meeting the requirements in
section 148D.080 or be relicensed by meeting the requirements
specified in section 148D.055.
new text end

new text begin (b) The board may take action pursuant to sections 148D.255
to 148D.270 based on a licensee's conduct before the expiration
of the license.
new text end

new text begin (c) An expired license may be reactivated within one year
of the expiration date specified in section 148D.080. After one
year of the expiration date, an individual may apply for a new
license pursuant to section 148D.055.
new text end

Sec. 16.

new text begin [148D.075] INACTIVE LICENSES.
new text end

new text begin Subdivision 1. new text end

new text begin Inactive status. new text end

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

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

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

new text begin (i) the licensee is retired from social work practice; and
new text end

new text begin (ii) the licensee is not engaged in the practice of social
work in any setting, including settings in which social workers
are exempt from licensure pursuant to section 148D.065.
new text end

new text begin A licensee who possesses an emeritus license may reactivate the
license pursuant to section 148D.080.
new text end

new text begin Subd. 2. new text end

new text begin Application. new text end

new text begin A licensee may apply for inactive
status:
new text end

new text begin (1) at any time by submitting an application for a
temporary leave from active practice or for an emeritus license;
or
new text end

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

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

new text begin Subd. 3. new text end

new text begin Fee. new text end

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

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

new text begin Subd. 4. new text end

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

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

new text begin Subd. 5. new text end

new text begin Time limits for an emeritus license. new text end

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

new text begin Subd. 6. new text end

new text begin Prohibition on practice. new text end

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

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

new text begin Subd. 7. new text end

new text begin Representations of professional status. new text end

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

new text begin Subd. 8. new text end

new text begin Disciplinary or other action. new text end

new text begin The board may
resolve any pending complaints against a licensee before
approving an application for inactive status. The board may
take action pursuant to sections 148D.255 to 148D.270 against a
licensee whose license is inactive based on conduct occurring
before the license is inactive or conduct occurring while the
license is inactive.
new text end

Sec. 17.

new text begin [148D.080] REACTIVATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Mailing notices to licensees on temporary
leave. new text end

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

new text begin Subd. 2. new text end

new text begin Reactivation from a temporary leave or emeritus
status. new text end

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

new text begin (1) complete an application form specified by the board;
new text end

new text begin (2) document compliance with the continuing education
requirements specified in subdivision 4;
new text end

new text begin (3) submit a supervision plan, if required;
new text end

new text begin (4) pay the reactivation of an inactive licensee fee
specified in section 148D.180; and
new text end

new text begin (5) pay the wall certificate fee in accordance with section
148D.095, subdivision 1, paragraph (b) or (c), if the licensee
needs a duplicate license.
new text end

new text begin Subd. 3. new text end

new text begin Reactivation of an expired license. new text end

new text begin To
reactivate an expired license, a licensee must do the following
within one year of the expiration date:
new text end

new text begin (1) complete an application form specified by the board;
new text end

new text begin (2) document compliance with the continuing education
requirements that were in effect at the time the license
expired;
new text end

new text begin (3) document compliance with the supervision requirements,
if applicable, that were in effect at the time the license
expired; and
new text end

new text begin (4) pay the reactivation of an expired license fee
specified in section 148D.180.
new text end

new text begin Subd. 4. new text end

new text begin Continuing education requirements. new text end

new text begin (a) A
licensee who is on temporary leave or who has an emeritus
license must obtain the continuing education hours that would be
required if the license was active. At the time of
reactivation, the licensee must document compliance with the
continuing education requirements specified in sections 148D.130
to 148D.170.
new text end

new text begin (b) A licensee applying for reactivation pursuant to
subdivision 2 or 3 may apply for a variance to the continuing
education requirements pursuant to sections 148D.130 to 148D.170.
new text end

new text begin Subd. 5. new text end

new text begin Reactivation of a voluntarily terminated
license. new text end

new text begin To reactivate a voluntarily terminated license, a
licensee must do the following within one year of the date the
voluntary termination takes effect:
new text end

new text begin (1) complete an application form specified by the board;
new text end

new text begin (2) document compliance with the continued education
requirements that were in effect at the time the license was
voluntarily terminated;
new text end

new text begin (3) document compliance with the supervision requirements,
if applicable, that were in effect at the time the license was
voluntarily terminated; and
new text end

new text begin (4) pay the reactivation of an expired or voluntarily
terminated license fee specified in section 148D.180.
new text end

Sec. 18.

new text begin [148D.085] VOLUNTARY TERMINATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Requests for voluntary termination. new text end

new text begin (a) A
licensee may request voluntary termination of a license if the
licensee demonstrates to the satisfaction of the board that the
licensee is not engaged in the practice of social work in any
setting except settings in which social workers are exempt from
licensure pursuant to section 148D.065.
new text end

new text begin (b) A licensee may apply for voluntary termination:
new text end

new text begin (1) at any time by submitting an application; or
new text end

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

new text begin For applications submitted electronically, a "signed
application" means providing an attestation as specified by the
board. An application that is not completed and signed must be
returned to the applicant and is void.
new text end

new text begin (c) The board may resolve any pending complaints against a
licensee before approving a request for voluntary termination.
new text end

new text begin Subd. 2. new text end

new text begin Application for new licensure. new text end

new text begin A licensee who
has voluntarily terminated a license may not reactivate the
license after one year following the date the voluntary
termination takes effect. However, a licensee who has
voluntarily terminated a license may apply for a new license
pursuant to section 148D.055.
new text end

new text begin Subd. 3. new text end

new text begin Prohibition on practice. new text end

new text begin A licensee who has
voluntarily terminated a license must not practice, attempt to
practice, offer to practice, or advertise or hold out as
authorized to practice social work, except when the individual
is exempt from licensure pursuant to section 148D.065.
new text end

new text begin Subd. 4. new text end

new text begin Disciplinary or other action. new text end

new text begin The board may
take action pursuant to sections 148D.255 to 148D.270 against a
licensee whose license has been terminated based on conduct
occurring before the license is terminated or for practicing
social work without a license.
new text end

Sec. 19.

new text begin [148D.090] NAME; CHANGE OF NAME OR ADDRESS.
new text end

new text begin Subdivision 1. new text end

new text begin Name. new text end

new text begin A licensee must use the licensee's
legal name or a professional name. If the licensee uses a
professional name, the licensee must inform the board in writing
of both the licensee's professional name and legal name and must
comply with the requirements of this section.
new text end

new text begin Subd. 2. new text end

new text begin Legal name change. new text end

new text begin Within 30 days after
changing the licensee's legal name, a licensee must:
new text end

new text begin (1) request a new license wall certificate;
new text end

new text begin (2) provide legal verification of the name change; and
new text end

new text begin (3) pay the license wall certificate fee specified in
section 148D.180.
new text end

new text begin Subd. 3. new text end

new text begin Professional name change. new text end

new text begin Within 30 days after
changing the licensee's professional name, a licensee must:
new text end

new text begin (1) request a new license wall certificate;
new text end

new text begin (2) provide a notarized statement attesting to the name
change; and
new text end

new text begin (3) pay the license wall certificate fee specified in
section 148D.180.
new text end

new text begin Subd. 4. new text end

new text begin Address or telephone change. new text end

new text begin When a licensee
changes a mailing address, home address, work address, e-mail
address, or daytime public telephone number, the licensee must
notify the board of the change electronically or in writing no
more than 30 days after the date of the change.
new text end

Sec. 20.

new text begin [148D.095] LICENSE CERTIFICATE OR CARD.
new text end

new text begin Subdivision 1. new text end

new text begin License wall certificate. new text end

new text begin (a) The board
must issue a new license wall certificate when the board issues
a new license. No fee in addition to the applicable license fee
specified in section 148D.180 is required.
new text end

new text begin (b) The board must replace a license wall certificate when:
new text end

new text begin (1) a licensee submits an affidavit to the board that the
original license wall certificate was lost, stolen, or
destroyed; and
new text end

new text begin (2) the licensee submits the license wall certificate fee
specified in section 148D.180.
new text end

new text begin (c) The board must issue a revised license wall certificate
when:
new text end

new text begin (1) a licensee requests a revised license wall certificate
pursuant to section 148D.095; and
new text end

new text begin (2) submits the license wall certificate fee specified in
section 148D.180.
new text end

new text begin (d) The board must issue an additional license wall
certificate when:
new text end

new text begin (1) a licensee submits a written request for a new
certificate because the licensee practices in more than one
location; and
new text end

new text begin (2) the licensee submits the license wall certificate fee
specified in section 148D.180.
new text end

new text begin Subd. 2. new text end

new text begin License card. new text end

new text begin (a) The board must issue a new
license card when the board issues a new license. No fee in
addition to the applicable license fee specified in section
148D.180 is required.
new text end

new text begin (b) The board must replace a license card when a licensee
submits:
new text end

new text begin (1) an affidavit to the board that the original license
card was lost, stolen, or destroyed; and
new text end

new text begin (2) the license card fee specified in section 148D.180.
new text end

new text begin (c) The board must issue a revised license card when the
licensee submits a written request for a new license wall
certificate because of a new professional or legal name pursuant
to section 148D.090, subdivision 2 or 3. No fee in addition to
the one specified in subdivision 1, paragraph (b), is required.
new text end SUPERVISED PRACTICE

Sec. 21.

new text begin [148D.100] LICENSED SOCIAL WORKERS; SUPERVISED
PRACTICE.
new text end

new text begin Subdivision 1. new text end

new text begin Supervision required after licensure.
new text end

new text begin After receiving a license from the board as a licensed social
worker, the licensed social worker must obtain at least 75 hours
of supervision in accordance with the requirements of this
section.
new text end

new text begin Subd. 2. new text end

new text begin Practice requirements. new text end

new text begin The supervision required
by subdivision 1 must be obtained during the first 4,000 hours
of postbaccalaureate social work practice authorized by law. At
least three hours of supervision must be obtained during every
160 hours of practice.
new text end

new text begin Subd. 3. new text end

new text begin Types of supervision. new text end

new text begin (a) Thirty-seven and
one-half hours of the supervision required by subdivision 1 must
consist of one-on-one in-person supervision.
new text end

new text begin (b) Thirty-seven and one-half hours must consist of one or
more of the following types of supervision, subject to the
limitation in clause (3):
new text end

new text begin (1) one-on-one in-person supervision;
new text end

new text begin (2) in-person group supervision; or
new text end

new text begin (3) electronic supervision such as by telephone or video
conferencing, provided that electronic supervision must not
exceed 25 hours.
new text end

new text begin (c) To qualify as in-person group supervision, the group
must not exceed seven members including the supervisor.
new text end

new text begin Subd. 4. new text end

new text begin Supervisor requirements. new text end

new text begin The supervision
required by subdivision 1 must be provided by a supervisor who:
new text end

new text begin (1) is a licensed social worker who has completed the
supervised practice requirements;
new text end

new text begin (2) is a licensed graduate social worker, licensed
independent social worker, or licensed independent clinical
social worker; or
new text end

new text begin (3) meets the requirements specified in section 148D.120,
subdivision 2.
new text end

new text begin Subd. 5. new text end

new text begin Supervisee requirements. new text end

new text begin The supervisee must:
new text end

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

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

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

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

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

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

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

new text begin (3) submit a supervision plan in accordance with section
148D.125, subdivision 1; and
new text end

new text begin (4) if the board audits the supervisee's supervised
practice, submit verification of supervised practice in
accordance with section 148D.125, subdivision 3.
new text end

new text begin Subd. 6. new text end

new text begin After completion of supervision requirements. new text end

new text begin A
licensed social worker who fulfills the supervision requirements
specified in subdivisions 1 to 5 is not required to be
supervised after completion of the supervision requirements.
new text end

new text begin Subd. 7. new text end

new text begin Attestation. new text end

new text begin The social worker and the social
worker's supervisor must attest that the supervisee has met or
has made progress on meeting the applicable supervision
requirements in accordance with section 148D.125, subdivision 2.
new text end

Sec. 22.

new text begin [148D.105] LICENSED GRADUATE SOCIAL WORKERS;
SUPERVISED PRACTICE.
new text end

new text begin Subdivision 1. new text end

new text begin Supervision required after
licensure. new text end

new text begin After receiving a license from the board as a
licensed graduate social worker, a licensed graduate social
worker must obtain at least 75 hours of supervision in
accordance with the requirements of this section.
new text end

new text begin Subd. 2. new text end

new text begin Practice requirements. new text end

new text begin The supervision required
by subdivision 1 must be obtained during the first 4,000 hours
of postgraduate social work practice authorized by law. At
least three hours of supervision must be obtained during every
160 hours of practice.
new text end

new text begin Subd. 3. new text end

new text begin Types of supervision. new text end

new text begin (a) Thirty-seven and
one-half hours of the supervision required by subdivision 1 must
consist of one-on-one in-person supervision.
new text end

new text begin (b) Thirty-seven and one-half hours must consist of one or
more of the following types of supervision, subject to the
limitation in clause (3):
new text end

new text begin (1) one-on-one in-person supervision;
new text end

new text begin (2) in-person group supervision; or
new text end

new text begin (3) electronic supervision such as by telephone or video
conferencing, provided that electronic supervision must not
exceed 25 hours.
new text end

new text begin (c) To qualify as in-person group supervision, the group
must not exceed seven members including the supervisor.
new text end

new text begin Subd. 4. new text end

new text begin Supervisor requirements. new text end

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

new text begin (1) if the supervisee is not engaged in clinical practice,
by a (i) licensed independent social worker, (ii) licensed
graduate social worker who has completed the supervised practice
requirements, or (iii) licensed independent clinical social
worker;
new text end

new text begin (2) if the supervisee is engaged in clinical practice, by a
licensed independent clinical social worker; or
new text end

new text begin (3) by a supervisor who meets the requirements specified in
section 148D.120, subdivision 2.
new text end

new text begin Subd. 5. new text end

new text begin Supervisee requirements. new text end

new text begin The supervisee must:
new text end

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

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

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

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

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

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

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

new text begin (3) submit a supervision plan in accordance with section
148D.125, subdivision 1; and
new text end

new text begin (4) verify supervised practice in accordance with section
148D.125, subdivision 3, if:
new text end

new text begin (i) the board audits the supervisee's supervised practice;
or
new text end

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

new text begin Subd. 6. new text end

new text begin Licensed graduate social workers who practice
clinical social work. new text end

new text begin (a) A licensed graduate social worker
must not engage in clinical social work practice except under
supervision by a licensed independent clinical social worker or
an alternate supervisor designated pursuant to section 148D.120,
subdivision 2.
new text end

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

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

new text begin (d) Upon completion of 4,000 hours of clinical social work
practice and 75 hours of supervision in accordance with the
requirements of this section, a licensed graduate social worker
is eligible to apply for a licensed independent clinical social
worker license pursuant to section 148D.115, subdivision 1.
new text end

new text begin Subd. 7. new text end

new text begin Licensed graduate social workers who do not
practice clinical social work. new text end

new text begin A licensed graduate social
worker who fulfills the supervision requirements specified in
subdivisions 1 to 5, and who does not practice clinical social
work, is not required to be supervised after completion of the
supervision requirements.
new text end

new text begin Subd. 8. new text end

new text begin Attestation. new text end

new text begin A social worker and the social
worker's supervisor must attest that the supervisee has met or
has made progress on meeting the applicable supervision
requirements in accordance with section 148D.125, subdivision 2.
new text end

Sec. 23.

new text begin [148D.110] LICENSED INDEPENDENT SOCIAL WORKERS;
SUPERVISED PRACTICE.
new text end

new text begin Subdivision 1. new text end

new text begin Supervision required before
licensure. new text end

new text begin Before becoming licensed as a licensed independent
social worker, a person must have obtained at least 75 hours of
supervision during 4,000 hours of postgraduate social work
practice authorized by law in accordance with the requirements
of section 148D.105, subdivisions 3, 4, and 5. At least three
hours of supervision must be obtained during every 160 hours of
practice.
new text end

new text begin Subd. 2. new text end

new text begin Licensed independent social workers who practice
clinical social work after licensure. new text end

new text begin (a) After licensure, a
licensed independent social worker must not engage in clinical
social work practice except under supervision by a licensed
independent clinical social worker or an alternate supervisor
designated pursuant to section 148D.120, subdivision 2.
new text end

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

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

new text begin Subd. 3. new text end

new text begin Licensed independent social workers who do not
practice clinical social work after licensure. new text end

new text begin After licensure,
a licensed independent social worker is not required to be
supervised if the licensed independent social worker does not
practice clinical social work.
new text end

Sec. 24.

new text begin [148D.115] LICENSED INDEPENDENT CLINICAL SOCIAL
WORKERS; SUPERVISED PRACTICE.
new text end

new text begin Subdivision 1. new text end

new text begin Supervision required before
licensure. new text end

new text begin Before becoming licensed as a licensed independent
clinical social worker, a person must have obtained at least 75
hours of supervision during 4,000 hours of postgraduate clinical
practice authorized by law in accordance with the requirements
of section 148D.105, subdivisions 3, 4, and 5. At least three
hours of supervision must be obtained during every 160 hours of
practice.
new text end

new text begin Subd. 2. new text end

new text begin No supervision required after licensure. new text end

new text begin After
licensure, a licensed independent clinical social worker is not
required to be supervised.
new text end

Sec. 25.

new text begin [148D.120] REQUIREMENTS OF SUPERVISORS.
new text end

new text begin Subdivision 1. new text end

new text begin Supervisors licensed as social workers.
new text end

new text begin (a) Except as provided in paragraph (b), to be eligible to
provide supervision under this section, a social worker must
attest, on a form provided by the board, that he or she has met
the applicable licensure requirements specified in sections
148D.100 to 148D.115.
new text end

new text begin (b) If the board determines that supervision is not
obtainable from an individual meeting the requirements specified
in paragraph (a), the board may approve an alternate supervisor
pursuant to subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Alternate supervisors. new text end

new text begin (a) The board may
approve an alternate supervisor if:
new text end

new text begin (1) the board determines that supervision is not obtainable
pursuant to paragraph (b);
new text end

new text begin (2) the licensee requests in the supervision plan submitted
pursuant to section 148D.125, subdivision 1, that an alternate
supervisor conduct the supervision;
new text end

new text begin (3) the licensee describes the proposed supervision and the
name and qualifications of the proposed alternate supervisor;
and
new text end

new text begin (4) the requirements of paragraph (d) are met.
new text end

new text begin (b) The board may determine that supervision is not
obtainable if:
new text end

new text begin (1) the licensee provides documentation as an attachment to
the supervision plan submitted pursuant to section 148D.125,
subdivision 1, that the licensee has conducted a thorough search
for a supervisor meeting the applicable licensure requirements
specified in sections 148D.100 to 148D.115;
new text end

new text begin (2) the licensee demonstrates to the board's satisfaction
that the search was unsuccessful; and
new text end

new text begin (3) the licensee describes the extent of the search and the
names and locations of the persons and organizations contacted.
new text end

new text begin (c) The following are not grounds for a determination that
supervision is unobtainable:
new text end

new text begin (1) obtaining a supervisor who meets the requirements of
subdivision 1 would present the licensee with a financial
hardship;
new text end

new text begin (2) the licensee is unable to obtain a supervisor who meets
the requirements of subdivision 1 within the licensee's agency
or organization and the agency or organization will not allow
outside supervision; or
new text end

new text begin (3) the specialized nature of the licensee's practice
requires supervision from a practitioner other than an
individual licensed as a social worker.
new text end

new text begin (d) An alternate supervisor must:
new text end

new text begin (1) be an unlicensed social worker who is employed in, and
provides the supervision in, a setting exempt from licensure by
section 148D.065, and who has qualifications equivalent to the
applicable requirements specified in sections 148D.100 to
148D.115; or
new text end

new text begin (2) be a licensed marriage and family therapist or a mental
health professional as established by section 245.462,
subdivision 18, or 245.4871, subdivision 27, or an equivalent
mental health professional, as determined by the board, who is
licensed or credentialed by a state, territorial, provincial, or
foreign licensing agency.
new text end

new text begin In order to qualify to provide clinical supervision of a
licensed graduate social worker or licensed independent social
worker engaged in clinical practice, the alternate supervisor
must be a mental health professional as established by section
245.462, subdivision 18, or 245.4871, subdivision 27, or an
equivalent mental health professional, as determined by the
board, who is licensed or credentialed by a state, territorial,
provincial, or foreign licensing agency.
new text end

Sec. 26.

new text begin [148D.125] DOCUMENTATION OF SUPERVISION.
new text end

new text begin Subdivision 1. new text end

new text begin Supervision plan. new text end

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

new text begin (b) The supervision plan must be submitted no later than 90
days after the licensee begins a social work practice position
after becoming licensed.
new text end

new text begin (c) For failure to submit the supervision plan within 90
days after beginning a social work practice position, a licensee
must pay the supervision plan late fee specified in section
148D.180 when the licensee applies for license renewal.
new text end

new text begin (d) A license renewal application submitted pursuant to
paragraph (a) must not be approved unless the board has received
a supervision plan.
new text end

new text begin (e) The supervision plan must include the following:
new text end

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

new text begin (2) the name and qualifications of the person providing the
supervision;
new text end

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

new text begin (4) the supervisee's position description;
new text end

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

new text begin (i) clinical practice, if applicable;
new text end

new text begin (ii) development of professional social work knowledge,
skills, and values;
new text end

new text begin (iii) practice methods;
new text end

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

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

new text begin (vi) ethical standards of practice; and
new text end

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

new text begin (i) the client population, the range of presenting issues,
and the diagnoses;
new text end

new text begin (ii) the clinical modalities that were utilized; and
new text end

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

new text begin (f) The board must receive a revised supervision plan
within 90 days of any of the following changes:
new text end

new text begin (1) the supervisee has a new supervisor;
new text end

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

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

new text begin (4) the number of practice or supervision hours changes
substantially; or
new text end

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

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

new text begin (h) The board must approve the supervisor and the
supervision plan.
new text end

new text begin Subd. 2. new text end

new text begin Attestation. new text end

new text begin (a) When a supervisee submits
renewal application materials to the board, the supervisee and
supervisor must submit an attestation providing the following
information on a form provided by the board:
new text end

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

new text begin (2) the name and qualifications of the supervisor;
new text end

new text begin (3) the number of hours and dates of each type of
supervision completed;
new text end

new text begin (4) the supervisee's position description;
new text end

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

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

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

new text begin (i) clinical practice, if applicable;
new text end

new text begin (ii) development of professional social work knowledge,
skills, and values;
new text end

new text begin (iii) practice methods;
new text end

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

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

new text begin (vi) ethical standards of practice.
new text end

new text begin (b) The information provided on the attestation form must
demonstrate to the board's satisfaction that the supervisee has
met or has made progress on meeting the applicable supervised
practice requirements.
new text end

new text begin Subd. 3. new text end

new text begin Verification of supervised practice. new text end

new text begin (a) In
addition to receiving the attestation required pursuant to
subdivision 2, the board must receive verification of supervised
practice if:
new text end

new text begin (1) the board audits the supervision of a supervisee
pursuant to section 148D.070, subdivision 3; or
new text end

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

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

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

new text begin (2) the name and qualifications of the supervisor;
new text end

new text begin (3) the number of hours and dates of each type of
supervision completed;
new text end

new text begin (4) the supervisee's position description;
new text end

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

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

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

new text begin (i) clinical practice, if applicable;
new text end

new text begin (ii) development of professional social work knowledge,
skills, and values;
new text end

new text begin (iii) practice methods;
new text end

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

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

new text begin (vi) ethical standards of practice; and
new text end

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

new text begin (i) the client population, the range of presenting issues,
and the diagnoses;
new text end

new text begin (ii) the clinical modalities that were utilized; and
new text end

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

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

new text begin Subd. 4. new text end

new text begin Alternative verification of supervised
practice. new text end

new text begin Notwithstanding the requirements of subdivision 3,
the board may accept alternative verification of supervised
practice if a supervisee demonstrates to the satisfaction of the
board that the supervisee is unable to locate a former
supervisor to provide the required information.
new text end CONTINUING EDUCATION

Sec. 27.

new text begin [148D.130] CLOCK HOURS REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Total clock hours required. new text end

new text begin At the time
of license renewal, a licensee must provide evidence
satisfactory to the board that the licensee has, during the
renewal term, completed at least 30 clock hours of continuing
education.
new text end

new text begin Subd. 2. new text end

new text begin Ethics requirement. new text end

new text begin At least two of the clock
hours required under subdivision 1 must be in social work ethics.
new text end

new text begin Subd. 3. new text end

new text begin Independent study. new text end

new text begin Independent study must not
consist of more than ten clock hours of continuing education per
renewal term. Independent study must be for publication, public
presentation, or professional development. Independent study
includes, but is not limited to, electronic study.
new text end

new text begin Subd. 4. new text end

new text begin Coursework. new text end

new text begin One credit of coursework in a
semester-based academic institution is the equivalent of 15
clock hours.
new text end

new text begin Subd. 5. new text end

new text begin Prorated renewal term. new text end

new text begin If the licensee's
renewal term is prorated to be less or more than 24 months, the
required number of continuing education clock hours is prorated
proportionately.
new text end

Sec. 28.

new text begin [148D.135] APPROVAL OF CLOCK HOURS.
new text end

new text begin Subdivision 1. new text end

new text begin Ways of approving clock hours. new text end

new text begin The clock
hours required under section 148D.130 must be approved in one or
more of the following ways:
new text end

new text begin (1) the hours must be offered by a continuing education
provider approved by the board;
new text end

new text begin (2) the hours must be offered by a continuing education
provider approved by the Association of Social Work Boards or a
similar examination body designated by the board;
new text end

new text begin (3) the hours must be earned through a continuing education
program approved by the National Association of Social Workers;
or
new text end

new text begin (4) the hours must be earned through a continuing education
program approved by the board.
new text end

new text begin Subd. 2. new text end

new text begin Preapproval not required. new text end

new text begin Providers and
programs are not required to be preapproved but must meet the
requirements specified in this section.
new text end

Sec. 29.

new text begin [148D.140] VARIANCES.
new text end

new text begin The board may grant a variance to the continuing education
requirements specified in section 148D.130, when a licensee
demonstrates to the satisfaction of the board that the licensee
is unable to complete the required number of clock hours during
the renewal term. The board may allow a licensee to complete
the required number of clock hours within a time frame specified
by the board. The board must not allow a licensee to complete
less than the required number of clock hours.
new text end

Sec. 30.

new text begin [148D.145] CONTINUING EDUCATION PROVIDERS
APPROVED BY THE BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Board approval. new text end

new text begin (a) The board must
approve a continuing education provider who:
new text end

new text begin (1) submits a completed application to the board which
provides the information required by subdivision 2 and which
meets the criteria specified in subdivision 3; and
new text end

new text begin (2) pays the provider fee specified in section 148D.180.
new text end

new text begin (b) An approval is valid for programs offered no later than
one year from the date the application is approved by the board.
new text end

new text begin Subd. 2. new text end

new text begin Information required. new text end

new text begin The information that must
be provided to the board includes, but is not limited to, the
following:
new text end

new text begin (1) the name of the continuing education provider;
new text end

new text begin (2) the address, telephone number, and e-mail address of a
contact person for the provider;
new text end

new text begin (3) a signed statement that indicates the provider
understands and agrees to abide by the criteria specified in
subdivision 3; and
new text end

new text begin (4) a signed statement that indicates the provider agrees
to furnish a certificate of attendance to each participant in a
program offered by the provider.
new text end

new text begin Subd. 3. new text end

new text begin Criteria for programs offered by continuing
education providers. new text end

new text begin (a) A continuing education provider must
employ the following criteria in determining whether to offer a
continuing education program:
new text end

new text begin (1) whether the material to be presented will promote the
standards of practice described in sections 148D.195 to
148D.240;
new text end

new text begin (2) whether the material to be presented will contribute to
the practice of social work as defined in section 148D.010;
new text end

new text begin (3) whether the material to be presented is intended for
the benefit of practicing social workers; and
new text end

new text begin (4) whether the persons presenting the program are
qualified in the subject matter being presented.
new text end

new text begin (b) The material presented must not be primarily procedural
or primarily oriented towards business practices or
self-development.
new text end

new text begin Subd. 4. new text end

new text begin Audits. new text end

new text begin (a) The board may audit programs
offered by a continuing education provider approved by the board
to determine compliance with the requirements of this section.
new text end

new text begin (b) A continuing education provider audited by the board
must provide the documentation specified in subdivision 5.
new text end

new text begin Subd. 5. new text end

new text begin Information required to be maintained by
continuing education providers. new text end

new text begin For three years following the
end of each program offered by a continuing education provider,
the provider must maintain the following information:
new text end

new text begin (1) the title of the program;
new text end

new text begin (2) a description of the content and objectives of the
program;
new text end

new text begin (3) the date of the program;
new text end

new text begin (4) the number of clock hours credited for participation in
the program;
new text end

new text begin (5) the program location;
new text end

new text begin (6) the names and qualifications of the primary presenters;
new text end

new text begin (7) a description of the primary audience the program was
designed for; and
new text end

new text begin (8) a list of the participants in the program.
new text end

Sec. 31.

new text begin [148D.150] CONTINUING EDUCATION PROVIDERS
APPROVED BY THE ASSOCIATION OF SOCIAL WORK BOARDS.
new text end

new text begin In order to receive credit for a program offered by a
continuing education provider approved by the Association of
Social Work Boards or a similar examination body designated by
the board, the provider must be listed on the Association of
Social Work Boards Web site as a provider currently approved by
the Association of Social Work Boards or a similar examination
body designated by the board.
new text end

Sec. 32.

new text begin [148D.155] CONTINUING EDUCATION PROGRAMS
APPROVED BY THE NATIONAL ASSOCIATION OF SOCIAL WORKERS.
new text end

new text begin In order to receive credit for a program approved by the
National Association of Social Workers, the program must be
listed on the National Association of Social Workers Web site as
a program currently approved by the National Association of
Social Workers.
new text end

Sec. 33.

new text begin [148D.160] CONTINUING EDUCATION PROGRAMS
APPROVED BY THE BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Required program content. new text end

new text begin In order to be
approved by the board, a continuing education program must:
new text end

new text begin (1) promote the standards of practice described in sections
148D.195 to 148D.240;
new text end

new text begin (2) contribute to the practice of social work as defined in
section 148D.010; and
new text end

new text begin (3) not be primarily procedural or be primarily oriented
towards business practices or self-development.
new text end

new text begin Subd. 2. new text end

new text begin Types of continuing education programs. new text end

new text begin In
order to be approved by the board, a continuing education
program must be one of the following: academic coursework
offered by an institution of higher learning; educational
workshops, seminars, or conferences offered by an organization
or individual; staff training offered by a public or private
employer; or independent study.
new text end

Sec. 34.

new text begin [148D.165] CONTINUING EDUCATION REQUIREMENTS OF
LICENSEES.
new text end

new text begin Subdivision 1. new text end

new text begin Information required to be maintained by
licensees. new text end

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

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

new text begin (i) the name of the sponsor or presenter of the program;
new text end

new text begin (ii) the title of the workshop or seminar;
new text end

new text begin (iii) the dates the licensee participated in the program;
and
new text end

new text begin (iv) the number of clock hours completed;
new text end

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

new text begin (i) the name of the institution offering the course;
new text end

new text begin (ii) the title of the course;
new text end

new text begin (iii) the dates the licensee participated in the course;
and
new text end

new text begin (iv) the number of credits completed;
new text end

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

new text begin (i) the name of the employer;
new text end

new text begin (ii) the title of the staff training;
new text end

new text begin (iii) the dates the licensee participated in the program;
and
new text end

new text begin (iv) the number of clock hours completed; and
new text end

new text begin (4) for independent study, including electronic study, a
written summary of the study conducted, including the following
information:
new text end

new text begin (i) the topics studied;
new text end

new text begin (ii) a description of the applicability of the study to the
licensee's authorized scope of practice;
new text end

new text begin (iii) the titles and authors of books and articles
consulted or the name of the organization offering the study;
new text end

new text begin (iv) the dates the licensee conducted the study; and
new text end

new text begin (v) the number of clock hours the licensee conducted the
study.
new text end

new text begin Subd. 2. new text end

new text begin Audits. new text end

new text begin The board may audit license renewal and
reactivation applications to determine compliance with the
requirements of sections 148D.130 to 148D.170. A licensee
audited by the board must provide the documentation specified in
subdivision 1 regardless of whether the provider or program has
been approved by the board, the Association of Social Work
Boards, or a similar examination body designated by the board,
or the National Association of Social Workers.
new text end

Sec. 35.

new text begin [148D.170] REVOCATION OF CONTINUING EDUCATION
APPROVALS.
new text end

new text begin The board may revoke approval of a provider or of a program
offered by a provider, or of an individual program approved by
the board, if the board determines subsequent to the approval
that the provider or program failed to meet the requirements of
sections 148D.130 to 148D.170.
new text end FEES

Sec. 36.

new text begin [148D.175] FEES.
new text end

new text begin The fees specified in section 148D.180 are nonrefundable
and must be deposited in the state government special revenue
fund.
new text end

Sec. 37.

new text begin [148D.180] FEE AMOUNTS.
new text end

new text begin Subdivision 1. new text end

new text begin Application fees. new text end

new text begin Application fees for
licensure are as follows:
new text end

new text begin (1) for a licensed social worker, $45;
new text end

new text begin (2) for a licensed graduate social worker, $45;
new text end

new text begin (3) for a licensed independent social worker, $90;
new text end

new text begin (4) for a licensed independent clinical social worker, $90;
new text end

new text begin (5) for a temporary license, $50; and
new text end

new text begin (6) for a licensure by endorsement, $150.
new text end

new text begin The fee for criminal background checks is the fee charged
by the Bureau of Criminal Apprehension. The criminal background
check fee must be included with the application fee as required
pursuant to section 148D.055.
new text end

new text begin Subd. 2. new text end

new text begin License fees. new text end

new text begin License fees are as follows:
new text end

new text begin (1) for a licensed social worker, $115.20;
new text end

new text begin (2) for a licensed graduate social worker, $201.60;
new text end

new text begin (3) for a licensed independent social worker, $302.40;
new text end

new text begin (4) for a licensed independent clinical social worker,
$331.20;
new text end

new text begin (5) for an emeritus license, $43.20; and
new text end

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

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

new text begin Subd. 3. new text end

new text begin Renewal fees. new text end

new text begin Renewal fees for licensure are as
follows:
new text end

new text begin (1) for a licensed social worker, $115.20;
new text end

new text begin (2) for a licensed graduate social worker, $201.60;
new text end

new text begin (3) for a licensed independent social worker, $302.40; and
new text end

new text begin (4) for a licensed independent clinical social worker,
$331.20.
new text end

new text begin Subd. 4. new text end

new text begin Continuing education provider fees. new text end

new text begin Continuing
education provider fees are as follows:
new text end

new text begin (1) for a provider who offers programs totaling one to
eight clock hours in a one-year period pursuant to section
148D.145, $50;
new text end

new text begin (2) for a provider who offers programs totaling nine to 16
clock hours in a one-year period pursuant to section 148D.145,
$100;
new text end

new text begin (3) for a provider who offers programs totaling 17 to 32
clock hours in a one-year period pursuant to section 148D.145,
$200;
new text end

new text begin (4) for a provider who offers programs totaling 33 to 48
clock hours in a one-year period pursuant to section 148D.145,
$400; and
new text end

new text begin (5) for a provider who offers programs totaling 49 or more
clock hours in a one-year period pursuant to section 148D.145,
$600.
new text end

new text begin Subd. 5. new text end

new text begin Late fees. new text end

new text begin Late fees are as follows:
new text end

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

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

new text begin Subd. 6. new text end

new text begin License cards and wall certificates. new text end

new text begin (a) The
fee for a license card as specified in section 148D.095 is $10.
new text end

new text begin (b) The fee for a license wall certificate as specified in
section 148D.095 is $30.
new text end

new text begin Subd. 7. new text end

new text begin Reactivation fees. new text end

new text begin Reactivation fees are as
follows:
new text end

new text begin (1) reactivation from a temporary leave or emeritus status,
the prorated share of the renewal fee specified in subdivision
3; and
new text end

new text begin (2) reactivation of an expired license, 1-1/2 times the
renewal fees specified in subdivision 3.
new text end COMPLIANCE

Sec. 38.

new text begin [148D.185] PURPOSE OF COMPLIANCE LAWS.
new text end

new text begin The purpose of sections 148D.185 to 148D.290 is to protect
the public by ensuring that all persons licensed as social
workers meet minimum standards of practice. The board shall
promptly and fairly investigate and resolve all complaints
alleging violations of statutes and rules that the board is
empowered to enforce and (1) take appropriate disciplinary
action, adversarial action, or other action justified by the
facts, or (2) enter into corrective action agreements or
stipulations to cease practice, when doing so is consistent with
the board's obligation to protect the public.
new text end

Sec. 39.

new text begin [148D.190] GROUNDS FOR ACTION.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin The grounds for action in
subdivisions 2 to 4 and the standards of practice requirements
in sections 148D.195 to 148D.240 apply to all licensees and
applicants.
new text end

new text begin Subd. 2. new text end

new text begin Violations. new text end

new text begin The board has grounds to take
action pursuant to sections 148D.255 to 148D.270 when a social
worker violates:
new text end

new text begin (1) a statute or rule enforced by the board, including this
section and sections 148D.195 to 148D.240;
new text end

new text begin (2) a federal or state law or rule related to the practice
of social work; or
new text end

new text begin (3) an order, stipulation, or agreement agreed to or issued
by the board.
new text end

new text begin Subd. 3. new text end

new text begin Conduct before licensure. new text end

new text begin A violation of the
requirements specified in this section and sections 148D.195 to
148D.240 is grounds for the board to take action under sections
148D.255 to 148D.270. The board's jurisdiction to exercise the
powers provided in this section extends to an applicant or
licensee's conduct that occurred before licensure if:
new text end

new text begin (1) the conduct did not meet the minimum accepted and
prevailing standards of professional social work practice at the
time the conduct occurred; or
new text end

new text begin (2) the conduct adversely affects the applicant or
licensee's present ability to practice social work in conformity
with the requirements of sections 148D.195 to 148D.240.
new text end

new text begin Subd. 4. new text end

new text begin Unauthorized practice. new text end

new text begin The board has grounds to
take action pursuant to sections 148D.255 to 148D.270 when a
social worker:
new text end

new text begin (1) practices outside the scope of practice authorized by
section 148D.050;
new text end

new text begin (2) engages in the practice of social work without a social
work license under section 148D.055 or 148D.060, except when the
social worker is exempt from licensure pursuant to section
148D.065;
new text end

new text begin (3) provides social work services to a client who receives
social work services in this state, and is not licensed pursuant
to section 148D.055 or 148D.060, except when the social worker
is exempt from licensure pursuant to section 148D.065.
new text end STANDARDS OF PRACTICE

Sec. 40.

new text begin [148D.195] REPRESENTATIONS TO CLIENTS AND
PUBLIC.
new text end

new text begin Subdivision 1. new text end

new text begin Required displays and information for
clients. new text end

new text begin (a) A social worker must conspicuously display at the
social worker's places of practice, or make available as a
handout for all clients, information that the client has the
right to the following:
new text end

new text begin (1) to be informed of the social worker's license status,
education, training, and experience;
new text end

new text begin (2) to examine public data on the social worker maintained
by the board;
new text end

new text begin (3) to report a complaint about the social worker's
practice to the board; and
new text end

new text begin (4) to be informed of the board's mailing address, e-mail
address, Web site address, and telephone number.
new text end

new text begin (b) A social worker must conspicuously display the social
worker's wall certificate at the social worker's places of
practice and office locations. Additional wall certificates may
be requested pursuant to section 148D.095.
new text end

new text begin Subd. 2. new text end

new text begin Representations. new text end

new text begin (a) No applicant or other
individual may be represented to the public by any title
incorporating the words "social work" or "social worker" unless
the individual holds a license pursuant to sections 148D.055 and
148D.060 or practices in a setting exempt from licensure
pursuant to section 148D.065.
new text end

new text begin (b) In all professional use of a social worker's name, the
social worker must use the license designation "LSW" or
"licensed social worker" for a licensed social worker, "LGSW" or
"licensed graduate social worker" for a licensed graduate social
worker, "LISW" or "licensed independent social worker" for a
licensed independent social worker, or "LICSW" or "licensed
independent clinical social worker" for a licensed independent
clinical social worker.
new text end

new text begin (c) Public statements or advertisements must not be
untruthful, misleading, false, fraudulent, deceptive, or
potentially exploitative of clients, former clients, interns,
students, supervisees, or the public.
new text end

new text begin (d) A social worker must not:
new text end

new text begin (1) use licensure status as a claim, promise, or guarantee
of successful service;
new text end

new text begin (2) obtain a license by cheating or employing fraud or
deception;
new text end

new text begin (3) make false statements or misrepresentations to the
board or in materials submitted to the board; or
new text end

new text begin (4) engage in conduct that has the potential to deceive or
defraud a social work client, intern, student, supervisee, or
the public.
new text end

new text begin Subd. 3. new text end

new text begin Information on credentials. new text end

new text begin (a) A social worker
must provide accurate and factual information concerning the
social worker's credentials, education, training, and experience
when the information is requested by clients, potential clients,
or other persons or organizations.
new text end

new text begin (b) A social worker must not misrepresent directly or by
implication the social worker's license, degree, professional
certifications, affiliations, or other professional
qualifications in any oral or written communications to clients,
potential clients, or other persons or organizations. A social
worker must take reasonable steps to prevent such
misrepresentations by other social workers.
new text end

new text begin (c) A social worker must not hold out as a person licensed
as a social worker without having a social work license pursuant
to sections 148D.055 and 148D.060.
new text end

new text begin (d) A social worker must not misrepresent directly or by
implication (1) affiliations with institutions or organizations,
or (2) purposes or characteristics of institutions or
organizations with which the social worker is or has been
affiliated.
new text end

Sec. 41.

new text begin [148D.200] COMPETENCE.
new text end

new text begin Subdivision 1. new text end

new text begin Competence. new text end

new text begin (a) A social worker must
provide services and hold out as competent only to the extent
the social worker's education, training, license, consultation
received, supervision experience, or other relevant professional
experience demonstrate competence in the services provided. A
social worker must make a referral to a competent professional
when the services required are beyond the social worker's
competence or authorized scope of practice.
new text end

new text begin (b) When generally recognized standards do not exist with
respect to an emerging area of practice, including but not
limited to providing social work services through electronic
means, a social worker must take the steps necessary, such as
consultation or supervision, to ensure the competence of the
social worker's work and to protect clients from harm.
new text end

new text begin Subd. 2. new text end

new text begin Supervision or consultation. new text end

new text begin Notwithstanding
the completion of supervision requirements as specified in
sections 148D.100 to 148D.125, a social worker must obtain
supervision or engage in consultation when appropriate or
necessary for competent and ethical practice.
new text end

new text begin Subd. 3. new text end

new text begin Delegation of social work responsibilities. new text end

new text begin (a)
A social worker must not delegate a social work responsibility
to another individual when the social worker knows or reasonably
should know that the individual is not licensed when required to
be licensed pursuant to sections 148D.055 and 148D.060.
new text end

new text begin (b) A social worker must not delegate a social work
responsibility to another individual when the social worker
knows or reasonably should know that the individual is not
competent to assume the responsibility or perform the task.
new text end

Sec. 42.

new text begin [148D.205] IMPAIRMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Grounds for action. new text end

new text begin The board has grounds
to take action under sections 148D.255 to 148D.270 when a social
worker is unable to practice with reasonable skill and safety by
reason of illness, use of alcohol, drugs, chemicals, or any
other materials, or as a result of any mental, physical, or
psychological condition.
new text end

new text begin Subd. 2. new text end

new text begin Self-reporting. new text end

new text begin A social worker regulated by
the board who is unable to practice with reasonable skill and
safety by reason of illness, use of alcohol, drugs, chemicals,
or any other materials, or as a result of any mental, physical,
or psychological condition, must report to the board or the
health professionals services program.
new text end

Sec. 43.

new text begin [148D.210] PROFESSIONAL AND ETHICAL CONDUCT.
new text end

new text begin The board has grounds to take action under sections
148D.255 to 148D.270 when a social worker:
new text end

new text begin (1) engages in unprofessional or unethical conduct,
including any departure from or failure to conform to the
minimum accepted ethical and other prevailing standards of
professional social work practice, without actual injury to a
social work client, intern, student, supervisee or the public
needing to be established;
new text end

new text begin (2) engages in conduct that has the potential to cause harm
to a client, intern, student, supervisee, or the public;
new text end

new text begin (3) demonstrates a willful or careless disregard for the
health, welfare, or safety of a client, intern, student, or
supervisee; or
new text end

new text begin (4) engages in acts or conduct adversely affecting the
applicant or licensee's current ability or fitness to engage in
social work practice, whether or not the acts or conduct
occurred while engaged in the practice of social work.
new text end

Sec. 44.

new text begin [148D.215] RESPONSIBILITIES TO CLIENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Responsibility to clients. new text end

new text begin A social
worker's primary professional responsibility is to the client.
A social worker must respect the client's interests, including
the interest in self-determination, except when required to do
otherwise by law.
new text end

new text begin Subd. 2. new text end

new text begin Nondiscrimination. new text end

new text begin A social worker must not
discriminate against a client, intern, student, or supervisee or
in providing services to a client, intern, or supervisee on the
basis of age, gender, sexual orientation, race, color, national
origin, religion, illness, disability, political affiliation, or
social or economic status.
new text end

new text begin Subd. 3. new text end

new text begin Research. new text end

new text begin When undertaking research activities,
a social worker must use accepted protocols for the protection
of human subjects, including (1) establishing appropriate
safeguards to protect the subject's vulnerability, and (2)
obtaining the subjects' informed consent.
new text end

Sec. 45.

new text begin [148D.220] RELATIONSHIPS WITH CLIENTS, FORMER
CLIENTS, AND OTHER INDIVIDUALS.
new text end

new text begin Subdivision 1. new text end

new text begin Social worker responsibility. new text end

new text begin (a) A
social worker is responsible for acting professionally in
relationships with clients or former clients. A client or a
former client's initiation of, or attempt to engage in, or
request to engage in, a personal, sexual, or business
relationship is not a defense to a violation of this section.
new text end

new text begin (b) When a relationship is permitted by this section,
social workers who engage in such a relationship assume the full
burden of demonstrating that the relationship will not be
detrimental to the client or the professional relationship.
new text end

new text begin Subd. 2. new text end

new text begin Professional boundaries. new text end

new text begin A social worker must
maintain appropriate professional boundaries with a client. A
social worker must not engage in practices with clients that
create an unacceptable risk of client harm or of impairing a
social worker's objectivity or professional judgment. A social
worker must not act or fail to act in a way that, as judged by a
reasonable and prudent social worker, inappropriately encourages
the client to relate to the social worker outside of the
boundaries of the professional relationship, or in a way that
interferes with the client's ability to benefit from social work
services from the social worker.
new text end

new text begin Subd. 3. new text end

new text begin Misuse of professional relationship. new text end

new text begin A social
worker must not use the professional relationship with a client,
student, supervisee, or intern to further the social worker's
personal, emotional, financial, sexual, religious, political, or
business benefit or interests.
new text end

new text begin Subd. 4. new text end

new text begin Improper termination. new text end

new text begin A social worker must not
terminate a professional relationship for the purpose of
beginning a personal, sexual, or business relationship with a
client.
new text end

new text begin Subd. 5. new text end

new text begin Personal relationship with a client. new text end

new text begin (a) Except
as provided in paragraph (b), a social worker must not engage in
a personal relationship with a client that creates a risk of
client harm or of impairing a social worker's objectivity or
professional judgment.
new text end

new text begin (b) Notwithstanding paragraph (a), if a social worker is
unable to avoid a personal relationship with a client, the
social worker must take appropriate precautions, such as
consultation or supervision, to address the potential for risk
of client harm or of impairing a social worker's objectivity or
professional judgment.
new text end

new text begin Subd. 6. new text end

new text begin Personal relationship with a former client. new text end

new text begin A
social worker may engage in a personal relationship with a
former client after appropriate termination of the professional
relationship, except:
new text end

new text begin (1) as prohibited by subdivision 8; or
new text end

new text begin (2) if a reasonable and prudent social worker would
conclude after appropriate assessment that (i) the former client
is emotionally dependent on the social worker or continues to
relate to the social worker as a client, or (ii) the social
worker is emotionally dependent on the client or continues to
relate to the former client as a social worker.
new text end

new text begin Subd. 7. new text end

new text begin Sexual conduct with a client. new text end

new text begin A social worker
must not engage in or suggest sexual conduct with a client.
new text end

new text begin Subd. 8. new text end

new text begin Sexual conduct with a former client. new text end

new text begin (a) A
social worker who has engaged in diagnosing, counseling, or
treating a client with mental, emotional, or behavioral
disorders must not engage in or suggest sexual conduct with the
former client under any circumstances unless:
new text end

new text begin (1) the social worker did not intentionally or
unintentionally coerce, exploit, deceive, or manipulate the
former client at any time;
new text end

new text begin (2) the social worker did not represent to the former
client that sexual conduct with the social worker is consistent
with or part of the client's treatment;
new text end

new text begin (3) the social worker's sexual conduct was not detrimental
to the former client at any time;
new text end

new text begin (4) the former client is not emotionally dependent on the
social worker and does not continue to relate to the social
worker as a client; and
new text end

new text begin (5) the social worker is not emotionally dependent on the
client and does not continue to relate to the former client as a
social worker.
new text end

new text begin (b) If there is an alleged violation of paragraph (a), the
social worker assumes the full burden of demonstrating to the
board that the social worker did not intentionally or
unintentionally coerce, exploit, deceive, or manipulate the
client, and the social worker's sexual conduct was not
detrimental to the client at any time. Upon request, a social
worker must provide information to the board addressing:
new text end

new text begin (1) the amount of time that has passed since termination of
services;
new text end

new text begin (2) the duration, intensity, and nature of services;
new text end

new text begin (3) the circumstances of termination of services;
new text end

new text begin (4) the former client's emotional, mental, and behavioral
history;
new text end

new text begin (5) the former client's current emotional, mental, and
behavioral status;
new text end

new text begin (6) the likelihood of adverse impact on the former client;
and
new text end

new text begin (7) the existence of actions, conduct, or statements made
by the social worker during the course of services suggesting or
inviting the possibility of a sexual relationship with the
client following termination of services.
new text end

new text begin (c) A social worker who has provided social work services
other than those described in paragraph (a) to a client must not
engage in or suggest sexual conduct with the former client if a
reasonable and prudent social worker would conclude after
appropriate assessment that engaging in such behavior with the
former client would create an unacceptable risk of harm to the
former client.
new text end

new text begin Subd. 9. new text end

new text begin Sexual conduct with a student, supervisee, or
intern. new text end

new text begin (a) A social worker must not engage in or suggest
sexual conduct with a student while the social worker has
authority over any part of the student's academic program.
new text end

new text begin (b) A social worker supervising an intern must not engage
in or suggest sexual conduct with the intern during the course
of the internship.
new text end

new text begin (c) A social worker practicing social work as a supervisor
must not engage in or suggest sexual conduct with a supervisee
during the period of supervision.
new text end

new text begin Subd. 10. new text end

new text begin Sexual harassment. new text end

new text begin A social worker must not
engage in any physical, oral, written, or electronic behavior
that a client, former client, student, supervisee, or intern may
reasonably interpret as sexually harassing or sexually demeaning.
new text end

new text begin Subd. 11. new text end

new text begin Business relationship with a client. new text end

new text begin A social
worker must not purchase goods or services from a client or
otherwise engage in a business relationship with a client except
when:
new text end

new text begin (1) a social worker purchases goods or services from the
client and a reasonable and prudent social worker would
determine that it is not practical or reasonable to obtain the
goods or services from another provider; and
new text end

new text begin (2) engaging in the business relationship will not be
detrimental to the client or the professional relationship.
new text end

new text begin Subd. 12. new text end

new text begin Business relationship with a former client. new text end

new text begin A
social worker may purchase goods or services from a former
client or otherwise engage in a business relationship with a
former client after appropriate termination of the professional
relationship unless a reasonable and prudent social worker would
conclude after appropriate assessment that:
new text end

new text begin (1) the former client is emotionally dependent on the
social worker and purchasing goods or services from the former
client or otherwise engaging in a business relationship with the
former client would be detrimental to the former client; or
new text end

new text begin (2) the social worker is emotionally dependent on the
former client and purchasing goods or services from the former
client or otherwise engaging in a business relationship with the
former client would be detrimental to the former client.
new text end

new text begin Subd. 13. new text end

new text begin Previous sexual, personal, or business
relationship. new text end

new text begin (a) A social worker must not engage in a social
worker/client relationship with an individual with whom the
social worker had a previous sexual relationship.
new text end

new text begin (b) A social worker must not engage in a social
worker/client relationship with an individual with whom the
social worker had a previous personal or business relationship
if a reasonable and prudent social worker would conclude after
appropriate assessment that the social worker/client
relationship would create an unacceptable risk of client harm or
that the social worker's objectivity or professional judgment
may be impaired.
new text end

new text begin Subd. 14. new text end

new text begin Giving alcohol or other drugs to a client. new text end

new text begin (a)
Unless authorized by law, a social worker must not offer
medication or controlled substances to a client.
new text end

new text begin (b) A social worker must not accept medication or
controlled substances from a client except that if authorized by
law, a social worker may accept medication or controlled
substances from a client for purposes of disposal or to monitor
use.
new text end

new text begin (c) A social worker must not offer alcoholic beverages to a
client except when such an offer is authorized or prescribed by
a physician or is in accordance with a client's care plan.
new text end

new text begin (d) A social worker must not accept alcoholic beverages
from a client.
new text end

new text begin Subd. 15.new text end [RELATIONSHIP WITH A CLIENT'S FAMILY OR
HOUSEHOLD MEMBER.] new text begin Subdivisions 1 to 14 apply to a social
worker's relationship with a client's family or household member
when a reasonable and prudent social worker would conclude after
appropriate assessment that a relationship with a family or
household member would create an unacceptable risk of harm to
the client.
new text end

Sec. 46.

new text begin [148D.225] TREATMENT AND INTERVENTION SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Assessment or diagnosis. new text end

new text begin A social worker
must base treatment and intervention services on an assessment
or diagnosis. A social worker must evaluate, on an ongoing
basis, the appropriateness of the assessment or diagnosis.
new text end

new text begin Subd. 2. new text end

new text begin Assessment or diagnostic instruments. new text end

new text begin A social
worker must not use an assessment or diagnostic instrument
without adequate training. A social worker must follow
standards and accepted procedures for using an assessment or
diagnostic instrument. A social worker must inform a client of
the purpose before administering the instrument and must make
the results available to the client.
new text end

new text begin Subd. 3. new text end

new text begin Plan for services. new text end

new text begin A social worker must develop
a plan for services that includes goals based on the assessment
or diagnosis. A social worker must evaluate, on an ongoing
basis, the appropriateness of the plan and the client's progress
toward the goals.
new text end

new text begin Subd. 4. new text end

new text begin Records. new text end

new text begin (a) A social worker must make and
maintain current and accurate records, appropriate to the
circumstances, of all services provided to a client. At a
minimum, the records must contain documentation of:
new text end

new text begin (1) the assessment or diagnosis;
new text end

new text begin (2) the content of the service plan;
new text end

new text begin (3) progress with the plan and any revisions of assessment,
diagnosis, or plan;
new text end

new text begin (4) any fees charged and payments made;
new text end

new text begin (5) copies of all client-written authorizations for release
of information; and
new text end

new text begin (6) other information necessary to provide appropriate
services.
new text end

new text begin (b) These records must be maintained by the social worker
for at least seven years after the last date of service to the
client. Social workers who are employed by an agency or other
entity are not required to:
new text end

new text begin (1) maintain personal or separate records; or
new text end

new text begin (2) personally retain records at the conclusion of their
employment.
new text end

new text begin Subd. 5. new text end

new text begin Termination of services. new text end

new text begin A social worker must
terminate a professional relationship with a client when the
social worker reasonably determines that the client is not
likely to benefit from continued services or the services are no
longer needed, unless the social worker is required by law to
provide services. A social worker who anticipates terminating
services must give reasonable notice to the client in a manner
that is appropriate to the needs of the client. The social
worker must provide appropriate referrals as needed or upon
request of the client.
new text end

Sec. 47.

new text begin [148D.230] CONFIDENTIALITY AND RECORDS.
new text end

new text begin Subdivision 1. new text end

new text begin Informed consent. new text end

new text begin (a) A social worker
must obtain valid, informed consent, appropriate to the
circumstances, before providing services to clients. When
obtaining informed consent, the social worker must determine
whether the client has the capacity to provide informed
consent. If the client does not have the capacity to provide
consent, the social worker must obtain consent for the services
from the client's legal representative. The social worker must
not provide services, unless authorized or required by law, if
the client or the client's legal representative does not consent
to the services.
new text end

new text begin (b) If a social worker determines that a client does not
have the capacity to provide consent, and the client does not
have a legal representative, the social worker:
new text end

new text begin (1) must, except as provided in clause (2), secure a legal
representative for a client before providing services; or
new text end

new text begin (2) may, notwithstanding clause (1), provide services,
except when prohibited by other applicable law, that are
necessary to ensure the client's safety or to preserve the
client's property or financial resources.
new text end

new text begin (c) A social worker must use clear and understandable
language, including using an interpreter proficient in the
client's primary language as necessary, to inform clients of the
plan of services, risks related to the plan, limits to services,
relevant costs, terms of payment, reasonable alternatives, the
client's right to refuse or withdraw consent, and the time frame
covered by the consent.
new text end

new text begin Subd. 2. new text end

new text begin Mandatory reporting and disclosure of client
information. new text end

new text begin At the beginning of a professional relationship
and during the professional relationship as necessary and
appropriate, a social worker must inform the client of those
circumstances under which the social worker may be required to
disclose client information specified in subdivision 3,
paragraph (a), without the client's consent.
new text end

new text begin Subd. 3. new text end

new text begin Confidentiality of client information. new text end

new text begin (a) A
social worker must ensure the confidentiality of all client
information obtained in the course of the social worker/client
relationship and all client information otherwise obtained by
the social worker that is relevant to the social worker/client
relationship. Except as provided in this section, client
information may be disclosed or released only with the client's
or the client's legal representative's valid informed consent,
appropriate to the circumstances, except when otherwise required
by law. A social worker must seek consent to disclose or
release client information only when such disclosure or release
is necessary to provide social work services.
new text end

new text begin (b) A social worker must continue to maintain
confidentiality of the client information specified in paragraph
(a) upon termination of the professional relationship including
upon the death of the client, except as provided under this
section or other applicable law.
new text end

new text begin (c) A social worker must limit access to the client
information specified in paragraph (a) in a social worker's
agency to appropriate agency staff whose duties require access.
new text end

new text begin Subd. 4. new text end

new text begin Release of client information with written
informed consent. new text end

new text begin (a) Except as provided in subdivision 5,
client information specified in subdivision 3, paragraph (a),
may be released only with the client's or the client's legal
representative's written informed consent. The written informed
consent must:
new text end

new text begin (1) explain to whom the client's records may be released;
new text end

new text begin (2) explain the purpose for the release; and
new text end

new text begin (3) state an expiration date for the authorized release of
the records.
new text end

new text begin (b) A social worker may provide client information
specified in subdivision 3, paragraph (a), to a third party for
the purpose of payment for services rendered only with the
client's written informed consent.
new text end

new text begin (c) Except as provided in subdivision 5, a social worker
may disclose client information specified in subdivision 3,
paragraph (a), only with the client's or the client's legal
representative's written informed consent. When it is not
practical to obtain written informed consent before providing
necessary services, a social worker may disclose or release
client information with the client's or the client's legal
representative's oral informed consent.
new text end

new text begin (d) Unless otherwise authorized by law, a social worker
must obtain a client's written informed consent before taking a
photograph of the client or making an audio or video recording
of the client, or allowing a third party to do the same. The
written informed consent must explain:
new text end

new text begin (1) the purpose of the photograph or the recording and how
the photograph or recording will be used, how it will be stored,
and when it will be destroyed; and
new text end

new text begin (2) how the client may have access to the photograph or
recording.
new text end

new text begin Subd. 5. new text end

new text begin Release of client information without written
informed consent. new text end

new text begin (a) A social worker may disclose client
information specified in subdivision 3, paragraph (a), without
the written consent of the client or the client's legal
representative only under the following circumstances or under
the circumstances described in paragraph (b):
new text end

new text begin (1) when mandated or authorized by federal or state law,
including the mandatory reporting requirements under the duty to
warn, maltreatment of minors, and vulnerable adult laws
specified in section 148D.240, subdivisions 6 to 8;
new text end

new text begin (2) when the board issues a subpoena to the social worker;
or
new text end

new text begin (3) when a court of competent jurisdiction orders release
of the client records or information.
new text end

new text begin (b) When providing services authorized or required by law
to a client who does not have the capacity to provide consent
and who does not have a legal representative, a social worker
must disclose or release client records or information as
necessary to provide services to ensure the client's safety or
to preserve the client's property or financial resources.
new text end

new text begin Subd. 6. new text end

new text begin Release of client records or information. new text end

new text begin When
releasing client records or information under this section, a
social worker must release current, accurate, and complete
records or information.
new text end

Sec. 48.

new text begin [148D.235] FEES AND BILLING PRACTICES.
new text end

new text begin Subdivision 1. new text end

new text begin Fees and payments. new text end

new text begin (a) A social worker
must ensure that a client or a client's legal representative is
informed of all fees at the initial session or meeting with the
client, and that payment for services is arranged with the
client or the client's legal representative at the beginning of
the professional relationship. Upon request from a client or a
client's legal representative, a social worker must provide in a
timely manner a written payment plan or a written explanation of
the charges for any services rendered.
new text end

new text begin (b) When providing services authorized or required by law
to a client who does not have the capacity to provide consent
and who does not have a legal representative, a social worker
may submit reasonable bills to an appropriate payer for services
provided.
new text end

new text begin Subd. 2. new text end

new text begin Billing for services not provided. new text end

new text begin A social
worker must not bill for services that have not been provided
except that, with prior notice to the client, a social worker
may bill for failed appointments or for cancellations without
sufficient notice. A social worker may bill only for provided
services which are necessary and appropriate.
new text end

new text begin Subd. 3. new text end

new text begin No payment for referrals. new text end

new text begin A social worker must
not accept or give a commission, rebate, or other form of
remuneration solely or primarily to profit from the referral of
a client.
new text end

new text begin Subd. 4. new text end

new text begin Fees and billing practices. new text end

new text begin A social worker
must not engage in improper or fraudulent billing practices,
including, but not limited to, violations of the federal
Medicare and Medicaid laws or state medical assistance laws.
new text end

Sec. 49.

new text begin [148D.240] REPORTING REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Failure to self-report adverse
actions. new text end

new text begin The board has grounds to take action under sections
148D.255 to 148D.270 when a social worker fails to report to the
board within 90 days:
new text end

new text begin (1) having been disciplined, sanctioned, or found to have
violated a state, territorial, provincial, or foreign licensing
agency's laws or rules;
new text end

new text begin (2) having been convicted of committing a felony, gross
misdemeanor, or misdemeanor reasonably related to the practice
of social work;
new text end

new text begin (3) having had a finding or verdict of guilt, whether or
not the adjudication of guilt is withheld or not entered, of
committing a felony, gross misdemeanor, or misdemeanor
reasonably related to the practice of social work;
new text end

new text begin (4) having admitted to committing, or entering a no contest
plea to committing, a felony, gross misdemeanor, or misdemeanor
reasonably related to the practice of social work; or
new text end

new text begin (5) having been denied licensure by a state, territorial,
provincial, or foreign licensing agency.
new text end

new text begin Subd. 2. new text end

new text begin Failure to submit application information. new text end

new text begin The
board has grounds to take action under sections 148D.255 to
148D.270 when an applicant or licensee fails to submit with an
application the following information:
new text end

new text begin (1) the dates and dispositions of any malpractice
settlements or awards made relating to the social work services
provided by the applicant or licensee; or
new text end

new text begin (2) the dates and dispositions of any civil litigations or
arbitrations relating to the social work services provided by
the applicant or licensee.
new text end

new text begin Subd. 3. new text end

new text begin Reporting other licensed health
professionals. new text end

new text begin An applicant or licensee must report to the
appropriate health-related licensing board conduct by a licensed
health professional which would constitute grounds for
disciplinary action under the statutes and rules enforced by
that board.
new text end

new text begin Subd. 4. new text end

new text begin Reporting unlicensed practice. new text end

new text begin An applicant or
licensee must report to the board conduct by an unlicensed
person which constitutes the practice of social work, as defined
in section 148D.010, except when the unlicensed person is exempt
from licensure pursuant to section 148D.065.
new text end

new text begin Subd. 5. new text end

new text begin Failure to report other applicants or licensees
and unlicensed practice. new text end

new text begin The board has grounds to take action
under sections 148D.255 to 148.270 when an applicant or licensee
fails to report to the board conduct:
new text end

new text begin (1) by another licensee or applicant which the applicant or
licensee has reason to believe may reasonably constitute grounds
for disciplinary action under this section; or
new text end

new text begin (2) by an unlicensed person that constitutes the practice
of social work when a license is required to practice social
work.
new text end

new text begin Subd. 6. new text end

new text begin Duty to warn. new text end

new text begin A licensee must comply with the
duty to warn established by section 148.975.
new text end

new text begin Subd. 7. new text end

new text begin Reporting maltreatment of minors. new text end

new text begin An applicant
or licensee must comply with the reporting of maltreatment of
minors established by section 626.556.
new text end

new text begin Subd. 8. new text end

new text begin Reporting maltreatment of vulnerable adults. new text end

new text begin An
applicant or licensee must comply with the reporting of
maltreatment of vulnerable adults established by section 626.557.
new text end

new text begin Subd. 9. new text end

new text begin Subpoenas. new text end

new text begin The board may issue subpoenas
pursuant to section 148D.245 and chapter 214 for the production
of any reports required by this section or any related documents.
new text end INVESTIGATIONS

Sec. 50.

new text begin [148D.245] INVESTIGATIVE POWERS AND PROCEDURES.
new text end

new text begin Subdivision 1. new text end

new text begin Subpoenas. new text end

new text begin (a) The board may issue
subpoenas and compel the attendance of witnesses and the
production of all necessary papers, books, records, documents,
and other evidentiary material as part of its investigation of
an applicant or licensee under this section or chapter 214.
new text end

new text begin (b) If any person fails or refuses to appear or testify
regarding any matter about which the person may be lawfully
questioned, or fails or refuses to produce any papers, books,
records, documents, or other evidentiary materials in the matter
to be heard, after having been required by order of the board or
by a subpoena of the board to do so, the board may institute a
proceeding in any district court to enforce the board's order or
subpoena.
new text end

new text begin (c) The board or a designated member of the board acting on
behalf of the board may issue subpoenas or administer oaths to
witnesses or take affirmations. Depositions may be taken within
or out of the state in the manner provided by law for the taking
of depositions in civil actions.
new text end

new text begin (d) A subpoena or other process or paper may be served upon
any person named therein, by mail or by any officer authorized
to serve subpoenas or other process or paper in civil actions,
with the same fees and mileage and in the same manner as
prescribed by law for service of process issued out of the
district court of this state.
new text end

new text begin (e) Fees, mileage, and other costs must be paid as the
board directs.
new text end

new text begin Subd. 2. new text end

new text begin Classification of data. new text end

new text begin (a) Any records
obtained as part of an investigation must be treated as
investigative data under section 13.41 and be classified as
confidential data.
new text end

new text begin (b) Notwithstanding paragraph (a), client records must be
treated as private data under chapter 13. Client records must
be protected as private data in the records of the board and in
administrative or judicial proceedings unless the client
authorizes the board in writing to make public the identity of
the client or a portion or all of the client's records.
new text end

new text begin Subd. 3. new text end

new text begin Mental or physical examination; chemical
dependency evaluation. new text end

new text begin (a) If the board has (1) probable cause
to believe that an applicant or licensee has violated a statute
or rule enforced by the board, or an order issued by the board
and (2) the board believes the applicant may have a
health-related condition relevant to the violation, the board
may issue an order directing the applicant or licensee to submit
to one or more of the following: a mental examination, a
physical examination, or a chemical dependency evaluation.
new text end

new text begin (b) An examination or evaluation order issued by the board
must include:
new text end

new text begin (1) factual specifications on which the order is based;
new text end

new text begin (2) the purpose of the examination or evaluation;
new text end

new text begin (3) the name of the person or entity that will conduct the
examination or evaluation; and
new text end

new text begin (4) the means by which the examination or evaluation will
be paid for.
new text end

new text begin (c) Every applicant or licensee must submit to a mental
examination, a physical examination, or a chemical dependency
evaluation when ordered to do so in writing by the board.
new text end

new text begin (d) By submitting to a mental examination, a physical
examination, or a chemical dependency evaluation, an applicant
or licensee waives all objections to the admissibility of the
examiner or evaluator's testimony or reports on the grounds that
the testimony or reports constitute a privileged communication.
new text end

new text begin Subd. 4. new text end

new text begin Failure to submit to an examination. new text end

new text begin (a) If an
applicant or licensee fails to submit to an examination or
evaluation ordered by the board pursuant to subdivision 3,
unless the failure was due to circumstances beyond the control
of the applicant or licensee, the failure is an admission that
the applicant or licensee violated a statute or rule enforced by
the board as specified in the examination or evaluation order
issued by the board. The failure may result in an application
being denied or other adversarial, corrective, or disciplinary
action being taken by the board without a contested case hearing.
new text end

new text begin (b) If an applicant or licensee requests a contested case
hearing after the board denies an application or takes other
disciplinary or adversarial action, the only issues which may be
determined at the hearing are:
new text end

new text begin (1) whether the board had probable cause to issue the
examination or evaluation order; and
new text end

new text begin (2) whether the failure to submit to the examination or
evaluation was due to circumstances beyond the control of the
applicant or licensee.
new text end

new text begin (c) Neither the record of a proceeding under this
subdivision nor an order issued by the board may be admissible,
subject to subpoena, or be used against the applicant or
licensee in a proceeding in which the board is not a party or
decision maker.
new text end

new text begin (d) Information obtained under this subdivision must be
treated as private data under chapter 13. An order issued by
the board as the result of an applicant's or licensee's failure
to submit to an examination or evaluation must be treated as
public data under chapter 13.
new text end

new text begin Subd. 5. new text end

new text begin Access to data and records. new text end

new text begin (a) In addition to
ordering a physical or mental examination or chemical dependency
evaluation, and notwithstanding section 13.384, 144.651, 595.02,
or any other statute limiting access to health records, the
board or a designated member of the board acting on behalf of
the board may subpoena physical, mental, and chemical dependency
health records relating to an applicant or licensee without the
applicant's or licensee's consent if:
new text end

new text begin (1) the board has probable cause to believe that the
applicant or licensee has violated chapter 214, a statute or
rule enforced by the board, or an order issued by the board; and
new text end

new text begin (2) the board has reason to believe that the records are
relevant and necessary to the investigation.
new text end

new text begin (b) An applicant, licensee, insurance company, government
agency, health care facility, or provider as defined in section
144.335, subdivision 1, paragraph (b), must comply with any
subpoena of the board under this subdivision and is not liable
in any action for damages for releasing information subpoenaed
by the board under this subdivision unless the information
provided is false and the person or entity providing the
information knew or had reason to know that the information was
false.
new text end

new text begin (c) Information on individuals obtained under this
subdivision must be treated as investigative data under section
13.41 and be classified as confidential data.
new text end

new text begin (d) If an applicant, licensee, person, or entity does not
comply with any subpoena of the board under this subdivision,
the board may institute a proceeding in any district court to
enforce the board's subpoena.
new text end

new text begin Subd. 6. new text end

new text begin Evidence of past sexual conduct. new text end

new text begin If, in a
proceeding for taking action against an applicant or licensee
under this section, the charges involve sexual contact with a
client or former client, the board or administrative law judge
must not consider evidence of the client's or former client's
previous sexual conduct. Reference to the client's or former
client's previous sexual conduct must not be made during the
proceedings or in the findings, except by motion of the
complainant, unless the evidence would be admissible under the
applicable provisions of section 609.347, subdivision 3.
new text end

new text begin Subd. 7. new text end

new text begin Investigations involving vulnerable adults or
children in need of protection. new text end

new text begin (a) Except as provided in
paragraph (b), if the board receives a complaint about a social
worker regarding the social worker's involvement in a case of
vulnerable adults or children in need of protection, the county
or other appropriate public authority may request that the board
suspend its investigation, and the board must comply until such
time as the court issues its findings on the case.
new text end

new text begin (b) Notwithstanding paragraph (a), the board may continue
with an investigation if the board determines that doing so is
in the best interests of the vulnerable adult or child and is
consistent with the board's obligation to protect the public.
If the board chooses to continue an investigation, the board
must notify the county or other appropriate public authority in
writing and state its reasons for doing so.
new text end

new text begin Subd. 8. new text end

new text begin Notification of complainant. new text end

new text begin (a) In no more
than 14 calendar days after receiving a complaint regarding a
licensee, the board must notify the complainant that the board
has received the complaint.
new text end

new text begin (b) The board must periodically notify the complainant of
the status of the complaint.
new text end

new text begin Subd. 9. new text end

new text begin Notification of licensee. new text end

new text begin (a) Except as
provided in paragraph (b), in no more than 60 calendar days
after receiving a complaint regarding a licensee, the board must
notify the licensee that the board has received the complaint
and inform the licensee of:
new text end

new text begin (1) the substance of the complaint;
new text end

new text begin (2) the sections of the law that allegedly have been
violated; and
new text end

new text begin (3) whether an investigation is being conducted.
new text end

new text begin (b) Paragraph (a) does not apply if:
new text end

new text begin (1) the board determines that such notice would compromise
the board's investigation pursuant to section 214.10; or
new text end

new text begin (2) the board determines that such notice cannot reasonably
be accomplished within this time.
new text end

new text begin (c) The board must periodically notify the licensee of the
status of the complaint.
new text end

new text begin Subd. 10. new text end

new text begin Resolution of complaints. new text end

new text begin In no more than one
year after receiving a complaint regarding a licensee, the board
must resolve or dismiss the complaint unless the board
determines that resolving or dismissing the complaint cannot
reasonably be accomplished within this time.
new text end

Sec. 51.

new text begin [148D.250] OBLIGATION TO COOPERATE.
new text end

new text begin Subdivision 1. new text end

new text begin Obligation to cooperate. new text end

new text begin An applicant or
licensee who is the subject of an investigation, or who is
questioned by or on behalf of the board in connection with an
investigation, must cooperate fully with the investigation.
Cooperation includes, but is not limited to:
new text end

new text begin (1) responding fully and promptly to any question relating
to the investigation;
new text end

new text begin (2) as reasonably requested by the board, providing copies
of client and other records in the applicant's or licensee's
possession relating to the investigation;
new text end

new text begin (3) executing release of records as reasonably requested by
the board; and
new text end

new text begin (4) appearing at conferences, hearings, or meetings
scheduled by the board, as required in sections 148D.255 to
148D.270 and chapter 214.
new text end

new text begin Subd. 2. new text end

new text begin Investigation. new text end

new text begin A social worker must not
knowingly withhold relevant information, give false or
misleading information, or do anything to obstruct an
investigation of the social worker or another social worker by
the board or by another state or federal regulatory or law
enforcement authority.
new text end

new text begin Subd. 3. new text end

new text begin Payment for copies. new text end

new text begin The board must pay for
copies requested by the board.
new text end

new text begin Subd. 4. new text end

new text begin Access to client records. new text end

new text begin Notwithstanding any
law to the contrary, an applicant or licensee must allow the
board access to any records of a client provided services by the
applicant or licensee under investigation. If the client has
not signed a consent permitting access to the client's records,
the applicant or licensee must delete any data in the records
that identifies the client before providing the records to the
board.
new text end

new text begin Subd. 5. new text end

new text begin Classification of data. new text end

new text begin Any records obtained
pursuant to this subdivision must be treated as investigative
data pursuant to section 13.41 and be classified as confidential
data.
new text end TYPES OF ACTIONS

Sec. 52.

new text begin [148D.255] TYPES OF ACTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Actions. new text end

new text begin The board may take disciplinary
action pursuant to section 148D.260, adversarial but
nondisciplinary action pursuant to section 148D.265, or
voluntary action pursuant to section 148D.270. Any action taken
under sections 148D.260 to 148D.270 is public data.
new text end

new text begin Subd. 2. new text end

new text begin Disciplinary action. new text end

new text begin For purposes of section
148D.260, "disciplinary action" means an action taken by the
board against an applicant or licensee that addresses a
complaint alleging a violation of a statute or rule the board is
empowered to enforce.
new text end

new text begin Subd. 3. new text end

new text begin Adversarial but nondisciplinary action. new text end

new text begin For
purposes of section 148D.265, "adversarial but nondisciplinary
action" means a nondisciplinary action taken by the board that
addresses a complaint alleging a violation of a statute or rule
the board is empowered to enforce.
new text end

new text begin Subd. 4. new text end

new text begin Voluntary action. new text end

new text begin For purposes of section
148D.270, "voluntary action" means a nondisciplinary action
agreed to by the board or a designated board member and an
applicant or licensee that, through educational or other
corrective means, addresses a complaint alleging a violation of
a statute or rule that the board is empowered to enforce.
new text end

Sec. 53.

new text begin [148D.260] DISCIPLINARY ACTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin General disciplinary actions. new text end

new text begin (a) When
the board has grounds for disciplinary actions under this
chapter, the board may take one or more of the following
disciplinary actions:
new text end

new text begin (1) deny an application;
new text end

new text begin (2) permanently revoke a license to practice social work;
new text end

new text begin (3) indefinitely or temporarily suspend a license to
practice social work;
new text end

new text begin (4) impose restrictions on a licensee's scope of practice;
new text end

new text begin (5) impose conditions required for the licensee to maintain
licensure, including, but not limited to, additional education,
supervision, and requiring the passing of an examination
provided for in section 148D.055;
new text end

new text begin (6) reprimand a licensee;
new text end

new text begin (7) impose a civil penalty of up to $10,000 for each
violation in order to discourage future violations or to deprive
the licensee of any economic advantage gained by reason of the
violation; or
new text end

new text begin (8) impose a fee to reimburse the board for all or part of
the cost of the proceedings resulting in disciplinary action,
including, but not limited to, the amount paid by the board for
services received from or expenses incurred by the Office of
Administrative Hearings, the Office of the Attorney General,
court reporters, witnesses, board members, board staff, or the
amount paid by the board for reproducing records.
new text end

new text begin (b) Disciplinary action taken by the board under this
subdivision is in effect pending determination of an appeal
unless the court, upon petition and for good cause shown,
decides otherwise.
new text end

new text begin Subd. 2. new text end

new text begin Reprimands. new text end

new text begin (a) In addition to the board's
authority to issue a reprimand pursuant to subdivision 1, a
designated board member reviewing a complaint as provided for in
chapter 214 may issue a reprimand to a licensee. The designated
board member must notify the licensee that the reprimand will
become final disciplinary action unless the licensee requests a
hearing by the board within 14 calendar days.
new text end

new text begin (b) If the licensee requests a hearing within 14 calendar
days, the board must schedule a hearing unless the designated
board member withdraws the reprimand.
new text end

new text begin (c) The hearing must be scheduled within 14 working days of
the time the licensee submits a request for the hearing.
new text end

new text begin (d) The designated board member who issued the reprimand
may participate in the hearing but must not deliberate or vote
on the decision by the board.
new text end

new text begin (e) The only evidence permitted at the hearing is
affidavits or other documents except for testimony by the
licensee or other witnesses whose testimony the board chair has
authorized for good cause.
new text end

new text begin (f) If testimony is authorized, the testimony is subject to
cross-examination.
new text end

new text begin (g) After the hearing, the board must affirm or dismiss the
reprimand.
new text end

new text begin Subd. 3. new text end

new text begin Temporary suspensions. new text end

new text begin (a) In addition to any
other remedy provided by statute, the board or a designated
board member may, without a hearing, temporarily suspend a
license to practice social work if the board or the designated
board member finds that:
new text end

new text begin (1) the licensee has violated a statute or rule enforced by
the board, any other federal or state law or rule related to the
practice of social work, or an order, stipulation, or agreement
agreed to or issued by the board; and
new text end

new text begin (2) continued practice by the licensee would create a
serious risk of harm to others.
new text end

new text begin (b) The suspension is in effect upon service of a written
order on the licensee specifying the statute, rule, order,
stipulation, or agreement violated. Service of the order is
effective if the order is served on the licensee or the
licensee's attorney personally or by first class mail to the
most recent address provided to the board for the licensee or
the licensee's attorney.
new text end

new text begin (c) The temporary suspension remains in effect until after
the board issues an order pursuant to paragraph (e), or if there
is a contested case hearing, after the board issues a written
final order pursuant to paragraph (g).
new text end

new text begin (d) If the licensee requests in writing within five
calendar days of service of the order that the board hold a
hearing, the board must hold a hearing on the sole issue of
whether to continue, modify, or lift the suspension. The board
must hold the hearing within ten working days of receipt of the
licensee's written request. Evidence presented by the board or
licensee must be in affidavit form only, except that the
licensee or the licensee's attorney may present oral argument.
new text end

new text begin (e) Within five working days after the hearing, the board
must issue its order. If the licensee contests the order, the
board must schedule a contested case hearing under chapter 14.
The contested case hearing must be scheduled to occur within 45
calendar days after issuance of the order.
new text end

new text begin (f) The administrative law judge must issue a report within
30 calendar days after the contested case hearing is concluded.
new text end

new text begin (g) The board must issue a final order within 30 calendar
days after the board receives the administrative law judge's
report.
new text end

Sec. 54.

new text begin [148D.265] ADVERSARIAL BUT NONDISCIPLINARY
ACTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Automatic suspensions. new text end

new text begin (a) A license to
practice social work is automatically suspended if:
new text end

new text begin (1) a guardian of a licensee is appointed by order of a
court pursuant to sections 524.5-101 and 524.5.102; or
new text end

new text begin (2) the licensee is committed by order of a court pursuant
to chapter 253B.
new text end

new text begin (b) A license remains suspended until:
new text end

new text begin (1) the licensee is restored to capacity by a court; and
new text end

new text begin (2) upon petition by the licensee and after a hearing or an
agreement with the licensee, the board terminates the suspension.
new text end

new text begin (c) If the board terminates the suspension, it may do so
with or without conditions or restrictions, including, but not
limited to, participation in the health professional services
program.
new text end

new text begin Subd. 2. new text end

new text begin Cease and desist orders. new text end

new text begin (a) The board or a
designated board member may issue a cease and desist order to
stop a person from engaging in unauthorized practice or from
violating or threatening to violate a statute or rule enforced
by the board or an order, stipulation, or agreement agreed to or
issued by the board.
new text end

new text begin (b) The cease and desist order must state the reason for
its issuance and give notice of the person's right to request a
hearing under sections 14.57 to 14.62. If the person fails to
request a hearing in writing postmarked within 15 calendar days
after service of the cease and desist order, the order is the
final order of the board and is not reviewable by a court or
agency.
new text end

new text begin (c) If the board receives a written request for a hearing
postmarked within 15 calendar days after service of the cease
and desist order, the board must schedule a hearing within 30
calendar days of receiving the request.
new text end

new text begin (d) The administrative law judge must issue a report within
30 calendar days after the contested case hearing is concluded.
new text end

new text begin (e) Within 30 calendar days after the board receives the
administrative law judge's report, the board must issue a final
order modifying, vacating, or making permanent the cease and
desist order. The final order remains in effect until modified
or vacated by the board.
new text end

new text begin (f) If a person does not comply with a cease and desist
order, the board may institute a proceeding in any district
court to obtain injunctive relief or other appropriate relief,
including but not limited to, a civil penalty payable to the
board of up to $10,000 for each violation.
new text end

new text begin (g) A cease and desist order issued pursuant to this
subdivision does not relieve a person from criminal prosecution
by a competent authority or from disciplinary action by the
board.
new text end

new text begin Subd. 3. new text end

new text begin Injunctive relief. new text end

new text begin (a) In addition to any other
remedy provided by law, the board may bring an action in
district court for injunctive relief to restrain any
unauthorized practice or violation or threatened violation of
any statute or rule, stipulation, or agreement agreed to or
enforced by the board or an order issued by the board.
new text end

new text begin (b) A temporary restraining order may be granted in the
proceeding if continued activity by a person would create an
imminent risk of harm to others.
new text end

new text begin (c) Injunctive relief granted pursuant to this subdivision
does not relieve a person from criminal prosecution by a
competent authority or from disciplinary action by the board.
new text end

new text begin (d) In bringing an action for injunctive relief, the board
need not show irreparable harm.
new text end

Sec. 55.

new text begin [148D.270] VOLUNTARY ACTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Agreements for corrective action. new text end

new text begin (a) The
board or a designated board member may enter into an agreement
for corrective action with an applicant or licensee when the
board or a designated board member determines that a complaint
alleging a violation of a statute or rule enforced by the board
or an order issued by the board may best be resolved through an
agreement for corrective action when disciplinary action is not
required to protect the public.
new text end

new text begin (b) An agreement for corrective action must:
new text end

new text begin (1) be in writing;
new text end

new text begin (2) specify the facts upon which the agreement is based;
new text end

new text begin (3) clearly indicate the corrective action agreed upon; and
new text end

new text begin (4) provide that the complaint that resulted in the
agreement must be dismissed by the board or the designated board
member upon successful completion of the corrective action.
new text end

new text begin (c) The board or designated board member may determine
successful completion when the applicant or licensee submits a
request for dismissal that documents the applicant's or
licensee's successful completion of the corrective action. The
burden of proof is on the applicant or licensee to prove
successful completion.
new text end

new text begin (d) An agreement for corrective action is not disciplinary
action but must be treated as public data under chapter 13.
new text end

new text begin (e) The board may impose a fee to reimburse the board for
all or part of the costs of the proceedings resulting in a
corrective action, including, but not limited to, the amount
paid by the board for services received from or expenses
incurred by the Office of the Attorney General, board members,
board staff, or the amount paid by the board for reproducing
records.
new text end

new text begin (f) The board or designated board member must not enter
into an agreement for corrective action when the complaint
alleged sexual conduct with a client unless there is
insufficient evidence to justify disciplinary action but there
is a basis for corrective action.
new text end

new text begin Subd. 2. new text end

new text begin Stipulations to cease practicing social
work. new text end

new text begin (a) The board or a designated board member may enter into
a stipulation to cease practicing social work with a licensee if
the board or designated board member determines that the
licensee is unable to practice social work competently or safely
or that the social worker's continued practice creates an
unacceptable risk of safety to clients, potential clients, or
the public.
new text end

new text begin (b) A stipulation to cease practicing social work must:
new text end

new text begin (1) be in writing;
new text end

new text begin (2) specify the facts upon which the stipulation is based;
new text end

new text begin (3) clearly indicate that the licensee must not practice
social work and must not hold out to the public that the social
worker is licensed; and
new text end

new text begin (4) specify the term of the stipulation or when and under
what circumstances the licensee may petition the board for
termination of the stipulation.
new text end

new text begin (c) A stipulation to cease practicing social work is not
disciplinary action but must be treated as public data under
chapter 13.
new text end

new text begin (d) Nothing in this subdivision prevents the board or
designated board member from taking any other disciplinary or
adversarial action authorized by sections 148D.255 to 148D.265
in lieu of or in addition to entering into a stipulation to
cease practicing social work.
new text end REQUIREMENTS OF NONLICENSEES

Sec. 56.

new text begin [148D.275] UNAUTHORIZED PRACTICE.
new text end

new text begin No individual may:
new text end

new text begin (1) engage in the practice of social work without a social
work license under sections 148D.055 and 148D.060, except when
the individual is exempt from licensure pursuant to section
148D.065;
new text end

new text begin (2) provide social work services to a client who resides in
this state when the individual providing the services is not
licensed as a social worker pursuant to sections 148D.055 to
148D.060, except when the individual is exempt from licensure
pursuant to section 148D.065.
new text end

Sec. 57.

new text begin [148D.280] USE OF TITLES.
new text end

new text begin No individual may be presented to the public by any title
incorporating the words "social work" or "social worker" or in
the titles in section 148D.195, unless that individual holds a
license pursuant to sections 148D.055 and 148D.060, or practices
in a setting exempt from licensure pursuant to section 148D.065.
new text end

Sec. 58.

new text begin [148D.285] REPORTING REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Institutions. new text end

new text begin A state agency, political
subdivision, agency of a local unit of government, private
agency, hospital, clinic, prepaid medical plan, or other health
care institution or organization must report to the board:
new text end

new text begin (1) any adversarial action, disciplinary action, or other
sanction for conduct that might constitute grounds for action
under section 148D.190;
new text end

new text begin (2) the resignation of any applicant or licensee prior to
the conclusion of any proceeding for adversarial action,
disciplinary action, or other sanction for conduct that might
constitute grounds for action under section 148D.190; or
new text end

new text begin (3) the resignation of any applicant or licensee prior to
the commencement of a proceeding for adversarial action,
disciplinary action, or other sanction for conduct that might
constitute grounds for action under section 148D.190, but after
the applicant or licensee had knowledge that a proceeding was
contemplated or in preparation.
new text end

new text begin Subd. 2. new text end

new text begin Professional societies and associations. new text end

new text begin A
state or local professional society or association whose members
consist primarily of licensed social workers must report to the
board any adversarial action, disciplinary action, or other
sanction taken against a member.
new text end

new text begin Subd. 3. new text end

new text begin Immunity. new text end

new text begin An individual, professional society
or association, state agency, political subdivision, agency of a
local unit of government, private agency, hospital, clinic,
prepaid medical plan, other health care institution or
organization or other entity is immune from civil liability or
criminal prosecution for submitting in good faith a report under
subdivision 1 or 2 or for otherwise reporting, providing
information, or testifying about violations or alleged
violations of this chapter.
new text end

Sec. 59.

new text begin [148D.290] PENALTIES.
new text end

new text begin An individual or other entity that violates section
148D.275, 148D.280, or 148D.285 is guilty of a misdemeanor.
new text end

Sec. 60. new text begin APPROPRIATIONS.
new text end

new text begin $....... is appropriated from state government special
revenue funds to the Board of Social Work for fiscal year 2006
and $....... is appropriated for fiscal year 2007.
new text end

Sec. 61. new text begin REPEALER.
new text end

new text begin Subdivision 1. new text end

new text begin Repeal of statutes. new text end

new text begin Minnesota Statutes
2004, sections 148B.18; 148B.185; 148B.19; 148B.20; 148B.21;
148B.215; 148B.22; 148B.224; 148B.225; 148B.226; 148B.24;
148B.25; 148B.26; 148B.27; 148B.28; 148B.281; 148B.282;
148B.283; 148B.284; 148B.285; 148B.286; 148B.287; 148B.288; and
148B.289, are repealed.
new text end

new text begin Subd. 2. new text end

new text begin Repeal of rules. new text end

new text begin Minnesota Rules, parts
8740.0100; 8740.0110; 8740.0120; 8740.0122; 8740.0130;
8740.0155; 8740.0185; 8740.0187; 8740.0200; 8740.0240;
8740.0260; 8740.0285; 8740.0300; 8740.0310; 8740.0315;
8740.0320; 8740.0325; 8740.0330; 8740.0335; 8740.0340; and
8740.0345, are repealed.
new text end

Sec. 62. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 59 and 61 are effective January 1, 2006.
Section 60 is effective July 1, 2005.
new text end

SF 1289

Bill Text Versions

Current Version - as introduced

ARTICLE 1

GENERAL CITATION; DEFINITIONS

Section 1.

new text begin [148D.001] CITATION. new text end

Sec. 2.

new text begin [148D.005] PURPOSE. new text end

Sec. 3.

new text begin [148D.010] DEFINITIONS. new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin Subd. 2. new text end

new text begin Applicant. new text end

new text begin Subd. 3. new text end

new text begin Application. new text end

new text begin Subd. 4. new text end

new text begin Board. new text end

new text begin Subd. 5. new text end

new text begin Client. new text end

new text begin Subd. 6. new text end

new text begin Clinical practice. new text end

new text begin Subd. 7. new text end

new text begin Intern. new text end

new text begin Subd. 8. new text end

new text begin Person-in-environment perspective. new text end

new text begin Subd. 9. new text end

new text begin Practice of social work. new text end

new text begin Subd. 10. new text end

new text begin Professional name. new text end

new text begin Subd. 11. new text end

new text begin Professional social work knowledge, skills, and values. new text end

new text begin Subd. 12. new text end

new text begin Sexual conduct. new text end

new text begin Subd. 13. new text end

new text begin Social worker. new text end

new text begin Subd. 14. new text end

new text begin Student. new text end

new text begin Subd. 15. new text end

new text begin Supervisee. new text end

new text begin Subd. 16. new text end

new text begin Supervision. new text end

Sec. 4.

new text begin [148D.015] SCOPE. new text end

Sec. 5.

new text begin [148D.020] CHAPTER 214. new text end

Sec. 6.

new text begin [148D.025] BOARD OF SOCIAL WORK. new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin Subd. 2. new text end

new text begin Qualifications of board members. new text end

new text begin Subd. 3. new text end

new text begin Officers. new text end

new text begin Subd. 4. new text end

new text begin Bylaws. new text end

new text begin Subd. 5. new text end

new text begin Executive director. new text end

Sec. 7.

new text begin [148D.030] DUTIES OF THE BOARD. new text end

new text begin Subdivision 1. new text end

new text begin Duties. new text end

new text begin Subd. 2. new text end

new text begin Rules. new text end

Sec. 8.

new text begin [148D.035] VARIANCES. new text end

Sec. 9.

new text begin [148D.040] IMMUNITY. new text end

Sec. 10.

new text begin [148D.045] CONTESTED CASE HEARING. new text end

Sec. 11.

new text begin [148D.050] LICENSING; SCOPE OF PRACTICE. new text end

new text begin Subdivision 1. new text end

new text begin Requirements. new text end

new text begin Subd. 2. new text end

new text begin Licensed social worker. new text end

new text begin Subd. 3. new text end

new text begin Licensed graduate social worker. new text end

new text begin Subd. 4. new text end

GENERAL
CITATION; DEFINITIONS

new text begin [148D.001] CITATION.
new text end

new text begin [148D.005] PURPOSE.
new text end

new text begin [148D.010] DEFINITIONS.
new text end

new text begin Person-in-environment perspective.
new text end

new text begin Professional social work knowledge, skills, and
values. new text end

new text begin [148D.015] SCOPE.
new text end

new text begin [148D.020] CHAPTER 214.
new text end

new text begin [148D.025] BOARD OF SOCIAL WORK.
new text end

new text begin [148D.030] DUTIES OF THE BOARD.
new text end

new text begin [148D.035] VARIANCES.
new text end

new text begin [148D.040] IMMUNITY.
new text end

new text begin [148D.045] CONTESTED CASE HEARING.
new text end

new text begin [148D.050] LICENSING; SCOPE OF PRACTICE.
new text end

new text begin [148D.055] LICENSE REQUIREMENTS.
new text end

new text begin Qualifications for licensure by examination as a
licensed social worker. new text end

new text begin Qualifications for licensure by examination as a
licensed graduate social worker. new text end

new text begin Qualifications for licensure by examination as a
licensed independent social worker. new text end

new text begin Qualifications for licensure by examination as a
licensed independent clinical social worker. new text end

new text begin Degrees from outside the united states or
canada. new text end

new text begin [148D.060] TEMPORARY LICENSES.
new text end

new text begin Students and other persons not currently
licensed in another jurisdiction. new text end

new text begin Emergency situations and persons currently
licensed in another jurisdiction. new text end

new text begin Licensee with a temporary license who has
completed requirements for a baccalaureate degree. new text end

new text begin Licensee with a temporary license who has
completed requirements for a graduate degree. new text end

new text begin [148D.065] EXEMPTIONS.
new text end

new text begin City, county, and state agency social
workers. new text end

new text begin Federally recognized tribes and private
nonprofit agencies with a minority focus. new text end

new text begin [148D.070] LICENSE RENEWALS.
new text end