SF 2100

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to social work; modifying the Minnesota Board of Social Work Practice
Act; proposing coding for new law as Minnesota Statutes, chapter 148E;
repealing Minnesota Statutes 2006, sections 148D.001; 148D.010; 148D.015;
148D.020; 148D.025; 148D.030; 148D.035; 148D.040; 148D.045; 148D.050;
148D.055; 148D.060; 148D.065; 148D.070; 148D.075; 148D.080; 148D.085;
148D.090; 148D.095; 148D.100; 148D.105; 148D.110; 148D.115; 148D.120;
148D.125; 148D.130; 148D.135; 148D.140; 148D.145; 148D.150; 148D.155;
148D.160; 148D.165; 148D.170; 148D.175; 148D.180; 148D.185; 148D.190;
148D.195; 148D.200; 148D.205; 148D.210; 148D.215; 148D.220; 148D.225;
148D.230; 148D.235; 148D.240; 148D.245; 148D.250; 148D.255; 148D.260;
148D.265; 148D.270; 148D.275; 148D.280; 148D.285; 148D.290.

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

Section 1.

new text begin [148E.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 [148E.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
new text end new text begin .
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 across the life span. Clinical social workers
may also provide the services described in subdivision 11.
new text end

new text begin Subd. 7. new text end

new text begin Clinical supervision. new text end

new text begin "Clinical supervision" means supervision as defined
in subdivision 18 of a social worker engaged in clinical practice as defined in subdivision 6.
new text end

new text begin Subd. 8. new text end

new text begin Graduate degree. new text end

new text begin "Graduate degree" means a master's 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; or a doctorate in social work from an accredited university.
new text end

new text begin Subd. 9. 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. 10. 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. 11. 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 new text end new text begin to new text end new text begin ; 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. 12. 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 according to section
new text end new text begin .
new text end

new text begin Subd. 13. 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; or a doctorate in social work from an accredited university. 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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

Sec. 3.

new text begin [148E.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. 4.

new text begin [148E.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

Sec. 5.

new text begin [148E.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 according to section new text end new text begin ; and
new text end

new text begin (2) five public members as defined in section new text end new text begin .
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. The employment of the executive director shall
be subject to the terms described in section new text end new text begin 214.04, subdivision 2a new text end new text begin .
new text end

Sec. 6.

new text begin [148E.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 according to sections new text end new text begin and
new text end new text begin ;
new text end

new text begin (5) taking disciplinary, adversarial, corrective, or other action according to sections
new text end new text begin to new text end new text begin when an individual violates the requirements of this chapter;
new text end

new text begin (6) assessing fees according to sections new text end new text begin and new text end new text begin ; 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. 7.

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

new text begin If the effect of a requirement according 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. 8.

new text begin [148E.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 for any actions, transactions, or publications in the lawful
execution of or relating to their duties under this chapter.
new text end

Sec. 9.

new text begin [148E.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 according to this chapter may request a contested case hearing under sections
new text end new text begin to new text end new text begin . 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

Sec. 10.

new text begin [148E.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 according to section new text end new text begin .
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 according to section
new text end new text begin .
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. 11.

new text begin [148E.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 new text end new text begin , except when the
individual is exempt from licensure according to section new text end new text begin .
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 new text end new text begin , except when the individual is exempt from licensure
according to section new text end new text begin .
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, or a doctorate in social
work from an accredited university;
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 according 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 new text end new text begin . 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 according to subdivision 8;
new text end

new text begin (5) has paid the applicable license fee specified in section new text end new text begin ; 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 new text end new text begin to new text end new text begin . If the applicant has engaged in
conduct that was or would be in violation of the standards of practice, the board may take
action according to sections new text end new text begin to new text end new text begin .
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 according to paragraph (a) must meet
the supervised practice requirements specified in sections new text end new text begin to new text end new text begin . If a
licensee does not meet the supervised practice requirements, the board may take action
according to sections new text end new text begin to new text end new text begin .
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 according 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 according to 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 new text end new text begin . 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 Subd. 3. new text end

new text begin Qualifications for licensure by examination as 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, or a doctorate in social
work from an accredited university;
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 according to section new text end new text begin 148E.055, subdivision
7 new text end new text begin , 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 new text end new text begin . 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 according to subdivision 8;
new text end

new text begin (5) has paid the applicable license fee specified in section new text end new text begin ; 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 new text end new text begin to new text end new text begin . If the applicant has engaged in
conduct that was or would be in violation of the standards of practice, the board may take
action according to sections new text end new text begin to new text end new text begin .
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 according to paragraph (a) must meet
the supervised practice requirements specified in sections new text end new text begin to new text end new text begin . If a
licensee does not meet the supervised practice requirements, the board may take action
according to sections new text end new text begin to new text end new text begin .
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 according 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 according to 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 new text end new text begin . 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 Subd. 4. new text end

new text begin Licensure by examination; 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, or a doctorate in social
work from an accredited university;
new text end

new text begin (2) has practiced social work as defined in section new text end new text begin , and has met the
supervised practice requirements specified in sections new text end new text begin to new text end new text begin ;
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 according 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 new text end new text begin . 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 according to subdivision 8;
new text end

new text begin (6) has paid the applicable license fee specified in section new text end new text begin ; 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 new text end new text begin to new text end new text begin . If the applicant has engaged in
conduct that was or would be in violation of the standards of practice, the board may take
action according to sections new text end new text begin to new text end new text begin .
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 new text end new text begin to new text end new text begin . If
a licensee does not meet the supervised practice requirements, the board may take action
according to sections new text end new text begin to new text end new text begin .
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 according 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 according to 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 new text end new text begin . If
the board has reason to believe that an applicant may be practicing social work without a
license, except as provided in section new text end new text begin , 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 Subd. 5. new text end

new text begin Licensure by examination; 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, or a doctorate in social
work from an accredited university;
new text end

new text begin (2) has completed 360 clock hours (one semester credit hour = 15 clock hours) in
the following clinical knowledge areas:
new text end

new text begin (i) 108 clock hours (30 percent) in differential diagnosis and biopsychosocial
assessment including normative development and psychopathology across the life span;
new text end

new text begin (ii) 36 clock hours (ten percent) in assessment-based clinical treatment planning with
measurable goals;
new text end

new text begin (iii) 108 clock hours (30 percent) in clinical intervention methods informed by
research and current standards of practice;
new text end

new text begin (iv) 18 clock hours (five percent) in evaluation methodologies;
new text end

new text begin (v) 72 clock hours (20 percent) in social work values and ethics, including cultural
context, diversity, and social policy; and
new text end

new text begin (vi) 18 clock hours (five percent) in culturally specific clinical assessment and
intervention.
new text end

new text begin This requirement may be satisfied through (A) a graduate degree 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; or a doctorate in
social work from an accredited university; (B) postgraduate coursework; or (C) up to 90
continuing education hours. The continuing education must have a course description
available for public review and must include a posttest. Compliance with this requirement
must be documented on a form provided by the board. The board may conduct audits
of the information submitted in order to determine compliance with the requirements
of this section.
new text end

new text begin (3) has practiced clinical social work as defined in section new text end new text begin , including both
diagnosis and treatment, and has met the supervised practice requirements specified in
sections new text end new text begin to new text end new text begin ;
new text end

new text begin (4) 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 according 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 (5) has submitted a completed, signed application form provided by the board,
including the applicable application fee specified in section new text end new text begin . For applications
submitted electronically, a "signed application" means providing an attestation as specified
by the board;
new text end

new text begin (6) has submitted the criminal background check fee and a form provided by the
board authorizing a criminal background check according to subdivision 8;
new text end

new text begin (7) has paid the license fee specified in section new text end new text begin ; and
new text end

new text begin (8) has not engaged in conduct that was or would be in violation of the standards
of practice specified in sections new text end new text begin to new text end new text begin . If the applicant has engaged in
conduct that was or would be in violation of the standards of practice, the board may take
action according to sections new text end new text begin to new text end new text begin .
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 according 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 according to 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 new text end new text begin . 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 Subd. 6. new text end

new text begin Degrees from outside 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, except as provided in paragraph (d), and
submit the licensure by endorsement application fee specified in section new text end new text begin .
new text end

new text begin (d) The following requirements apply:
new text end

new text begin (1) An applicant for licensure by endorsement who is applying for licensure as
a licensed social worker must meet the requirements specified in section 148E.055,
subdivision 2.
new text end

new text begin (2) An applicant for licensure by endorsement who is applying for licensure as a
licensed graduate social worker must meet the requirements specified in section 148E.055,
subdivision 3.
new text end

new text begin (3) An applicant for licensure by endorsement who is applying for licensure as
a licensed independent social worker is not required to demonstrate that the applicant
has obtained 100 hours of supervision as specified in section 148E.110, subdivision 1,
provided that the applicant has engaged in authorized social work practice for a minimum
of 4,000 hours in another jurisdiction.
new text end

new text begin (4) An applicant for licensure by endorsement as a licensed independent clinical
social worker (i) is not required to meet the license requirements specified in subdivision
5, paragraph (a), clause (2), and (ii) is not required to demonstrate that the applicant
has obtained 200 hours of supervision as specified in section 148E.115, subdivision 1,
provided that the applicant has engaged in authorized clinical social work practice for a
minimum of 4,000 hours in another jurisdiction.
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 according to sections new text end new text begin to new text end new text begin .
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. 12.

new text begin [148E.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 new text end new text begin ;
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 new text end new text begin ;
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, or a doctorate in
social work from an accredited university; 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 new text end new text begin to new text end new text begin . If the applicant has engaged in
conduct that was or would be in violation of the standards of practice, the board may take
action according to sections new text end new text begin to new text end new text begin .
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 new text end new text begin , 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, or a doctorate in
social work from an accredited university; 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 new text end new text begin to new text end new text begin . If the applicant has engaged in
conduct that was or would be in violation of the standards of practice, the board may take
action according to sections new text end new text begin to new text end new text begin .
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 new text end new text begin , 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 new text end new text begin to new text end new text begin . If the applicant has engaged in
conduct that was or would be in violation of the standards of practice, the board may take
action according to sections new text end new text begin to new text end new text begin .
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 specified in section new text end new text begin 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 new text end new text begin .
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 according to section new text end new text begin , 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 according to subdivision 1 or 2 expires after six
months.
new text end

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

new text begin Subd. 6. new text end

new text begin Licensee with temporary license; 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 temporary license; 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 new text end new text begin to new text end new text begin . 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 according 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 new text end new text begin to new text end new text begin .
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 new text end new text begin , 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 according to the requirements of sections
new text end new text begin to new text end new text begin .
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 new text end new text begin 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. 13.

new text begin [148E.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 and Christian
Science practitioners, 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 new text end new text begin or new text end new text begin 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 Tribes and private nonprofit agencies; voluntary licensure. 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. 14.

new text begin [148E.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 new text end new text begin .
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 new text end new text begin to new text end new text begin
and, if applicable, the supervised practice requirements specified in sections new text end new text begin to
new text end new text begin .
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 new text end new text begin to new text end new text begin ; 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 new text end new text begin to new text end new text begin .
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 new text end new text begin
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
new text end new text begin or be relicensed by meeting the requirements specified in section new text end new text begin .
new text end

new text begin (b) The board may take action according to sections new text end new text begin to new text end new text begin 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 new text end new text begin . After one year of the expiration date, an individual may
apply for a new license according to section new text end new text begin .
new text end

Sec. 15.

new text begin [148E.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 according to section new text end new text begin . A licensee who is granted
temporary leave from active practice may reactivate the license according to section
new text end new text begin .
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 (1) the licensee is retired from social work practice; and
new text end

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

new text begin A licensee who possesses an emeritus license may reactivate the license according to
section new text end new text begin .
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 new text end new text begin , 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 new text end new text begin 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 emeritus license. new text end

new text begin A licensee with an emeritus license may
not apply for reactivation according to section new text end new text begin after five years following the
granting of the emeritus license. However, after five years following the granting of the
emeritus license, an individual may apply for new licensure according to section new text end new text begin .
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 according to sections new text end new text begin to new text end new text begin 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. 16.

new text begin [148E.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 according to section new text end new text begin 148E.075, subdivision 4 new text end new text begin . 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 new text end new text begin 148E.075, subdivisions 4 and 5 new text end new text begin :
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 new text end new text begin ; and
new text end

new text begin (5) pay the wall certificate fee according to section new text end new text begin 148E.095, subdivision 1 new text end new text begin ,
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 new text end new text begin .
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
new text end new text begin to new text end new text begin .
new text end

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

Sec. 17.

new text begin [148E.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 according to section 148E.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 according to section new text end new text begin .
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
according to section new text end new text begin .
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 according to
sections new text end new text begin to new text end new text begin 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. 18.

new text begin [148E.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 new text end new text begin .
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 new text end new text begin .
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. 19.

new text begin [148E.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 new text end new text begin 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 new text end new text begin .
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 according to this section; and
new text end

new text begin (2) a licensee submits the license wall certificate fee specified in section new text end new text begin .
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 new text end new text begin .
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 new text end new text begin 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 new text end new text begin .
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
according to section new text end new text begin 148E.090, subdivision 2 new text end new text begin or 3. No fee in addition to the one specified
in subdivision 1, paragraph (b), is required.
new text end

Sec. 20.

new text begin [148E.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
100 hours of supervision according to 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 four 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 Of the 100 hours of supervision required under
subdivision 1:
new text end

new text begin (1) 50 hours must be provided through one-on-one supervision, including: (i)
a minimum of 25 hours of in-person supervision, and (ii) no more than 25 hours of
supervision via eye-to-eye electronic media; and
new text end

new text begin (2) 50 hours must be provided through: (i) one-on-one supervision, or (ii) group
supervision. The supervision may be in-person, by telephone, or via eye-to-eye electronic
media. The supervision must not be provided by e-mail. Group supervision is limited to
six members not counting the supervisor or supervisors.
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 new text end new text begin 148E.120, subdivision 2 new text end new text begin .
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 according
to 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 according to section new text end new text begin 148E.125, subdivision 1 new text end new text begin ; and
new text end

new text begin (4) if the board audits the supervisee's supervised practice, submit verification of
supervised practice according to section new text end new text begin 148E.125, subdivision 3 new text end new text begin .
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 according to section new text end new text begin 148E.125, subdivision 2 new text end new text begin .
new text end

Sec. 21.

new text begin [148E.105] LICENSED GRADUATE SOCIAL WORKERS WHO DO
NOT PRACTICE CLINICAL SOCIAL WORK; 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 100 hours of supervision according to 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 four 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 Of the 100 hours of supervision required under
subdivision 1:
new text end

new text begin (1) 50 hours must be provided though one-on-one supervision, including: (i)
a minimum of 25 hours of in-person supervision, and (ii) no more than 25 hours of
supervision via eye-to-eye electronic media; and
new text end

new text begin (2) 50 hours must be provided through: (i) one-on-one supervision, or (ii) group
supervision. The supervision may be in-person, by telephone, or via eye-to-eye electronic
media. The supervision must not be provided by e-mail. Group supervision is limited
to six supervisees.
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 new text end new text begin .
The supervision must be provided by a:
new text end

new text begin (1) licensed independent social worker;
new text end

new text begin (2) licensed graduate social worker who has completed the supervised practice
requirements;
new text end

new text begin (3) licensed independent clinical social worker; or
new text end

new text begin (4) a supervisor who meets the requirements specified in section new text begin 148E.120,
subdivision 2 new text end .
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 according
to 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 according to section new text end new text begin 148E.125, subdivision 1 new text end new text begin ; and
new text end

new text begin (4) verify supervised practice according to section new text end new text begin 148E.125, subdivision 3 new text end new text begin , 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 license.
new text end

new text begin Subd. 6. new text end

new text begin Supervision not required after completion of supervision requirements.
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. 7. 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 according to section new text end new text begin 148E.125, subdivision 2 new text end new text begin .
new text end

new text begin Subd. 8. new text end

new text begin Eligibility to apply for licensure as a licensed independent social
worker. new text end

new text begin Upon completion of 4,000 hours of social work practice, including at least 100
hours of supervision according to the requirements of this section, a licensed graduate
social worker is eligible to apply for a licensed independent social worker license
according to section 148E.110.
new text end

Sec. 22.

new text begin [148E.106] LICENSED GRADUATE SOCIAL WORKERS WHO
PRACTICE CLINICAL SOCIAL WORK; 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 200 hours of supervision according to 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 eight 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 Of the 200 hours of supervision required under
subdivision 1:
new text end

new text begin (1) 100 hours must be provided through one-on-one supervision, including: (i)
a minimum of 50 hours of in-person supervision, and (ii) no more than 50 hours of
supervision via eye-to-eye electronic media; and
new text end

new text begin (2) 100 hours must be provided through: (i) one-on-one supervision, or (ii) group
supervision. The supervision may be in-person, by telephone, or via eye-to-eye electronic
media. The supervision must not be provided by e-mail. Group supervision is limited
to six supervisees.
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 148E.120.
The supervision must be provided:
new text end

new text begin (1) by a licensed independent clinical social worker; or
new text end

new text begin (2) by a supervisor who meets the requirements specified in section 148E.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 according
to 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 according to section 148E.125, subdivision 1; and
new text end

new text begin (4) verify supervised practice according to section 148E.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 clinical
social worker license.
new text end

new text begin Subd. 6. new text end

new text begin Supervision required. new text end

new text begin 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 according to section 148E.120,
subdivision 2.
new text end

new text begin Subd. 7. new text end

new text begin Limit on practice of clinical social work. new text end

new text begin (a) Except as provided in
subdivision 8, 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 (b) Notwithstanding the requirements of paragraph (a), 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 Subd. 8. new text end

new text begin Eligibility to apply for licensure as a licensed independent social
worker. new text end

new text begin Upon completion of 4,000 hours of clinical social work practice, including at
least 1,800 hours of direct clinical client contact and 200 hours of supervision according to
the requirements of this section, a licensed graduate social worker is eligible to apply for a
licensed independent clinical social worker license under section 148E.115, subdivision 1.
new text end

new text begin Subd. 9. 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 according to section 148E.125, subdivision 2.
new text end

Sec. 23.

new text begin [148E.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 100 hours
of supervision during 4,000 hours of postgraduate social work practice required by law
according to the requirements of section new text end new text begin 148E.105, subdivisions 3, 4, and 5 new text end new text begin . At least four
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; clinical social work after
licensure. new text end

new text begin 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 according to section new text end new text begin 148E.120,
subdivision 2 new text end new text begin .
new text end

new text begin Subd. 3. new text end

new text begin Limit on practice of clinical social work. new text end

new text begin (a) Except as provided in
paragraph (b), 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 (b) Notwithstanding the requirements of paragraph (a), 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. 4. 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 [148E.115] LICENSED INDEPENDENT CLINICAL SOCIAL
WORKERS; SUPERVISION.
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 200
hours of supervision during 4,000 hours of postgraduate clinical practice required by law
according to the requirements of section new text end new text begin 148E.106.
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 [148E.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:
new text end

new text begin (1) have at least 2,000 hours of experience in authorized social work practice. If
the person is providing clinical supervision, the 2,000 hours must include 1,000 hours of
experience in clinical practice;
new text end

new text begin (2) have completed 30 hours of training in supervision through coursework from
an accredited college or university, or through continuing education in compliance with
sections 148E.130 to 148E.170;
new text end

new text begin (3) be competent in the activities being supervised; and
new text end

new text begin (4) attest, on a form provided by the board, that the social worker has met the
applicable requirements specified in this section and sections 148E.100 to 148E.115. The
board may audit the information provided to determine compliance with the requirements
of this section.
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 according 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 according to paragraph
(b);
new text end

new text begin (2) the licensee requests in the supervision plan submitted according to section
new text end new text begin 148E.125, subdivision 1 new text end new text begin , 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 according to section new text end new text begin 148E.125, subdivision 1 new text end new text begin , that the licensee has conducted a
thorough search for a supervisor meeting the applicable licensure requirements specified
in sections new text end new text begin to new text end new text begin ;
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 requirements specified in paragraph (b) do not apply to obtaining supervision
for clinical practice if the board determines that there are five or fewer licensed
independent clinical social workers in the county where the licensee practices social work.
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 new text end new text begin , and who has qualifications
equivalent to the applicable requirements specified in sections new text end new text begin to new text end new text begin ;
new text end

new text begin (2) be a social worker engaged in authorized practice in Iowa, Manitoba, North
Dakota, Ontario, South Dakota, or Wisconsin, and has the qualifications equivalent to the
applicable requirements specified in sections 148E.100 to 148E.115; or
new text end

new text begin (3) be a licensed marriage and family therapist or a mental health professional
as established by section new text end new text begin 245.462, subdivision 18 new text end new text begin , or new text end new text begin 245.4871, subdivision 27 new text end new text begin , 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 new text end new text begin 245.462,
subdivision 18 new text end new text begin , or new text end new text begin 245.4871, subdivision 27 new text end new text begin , 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 [148E.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 new text end new text begin to new text end new text begin .
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 new text end new text begin when the licensee applies for license renewal.
new text end

new text begin (d) A license renewal application submitted according 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 new text end new text begin 148E.100,
subdivision 3 new text end new text begin , or new text end new text begin 148E.105, subdivision 3 new text end new text begin , or as required in section new text end new text begin 148E.115, subdivision
4 new text end new text begin .
new text end

new text begin (g) For failure to submit a revised supervision plan as required in paragraph (f), a
supervisee must pay the supervision plan late fee specified in section new text end new text begin , 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 new text end new text begin to new text end new text begin ;
new text end

new text begin (6) a declaration that the supervisee has practiced competently and ethically
according to 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 according 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 according to section new text end new text begin 148E.070,
subdivision 3 new text end new text begin ; 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 according 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 new text end new text begin to new text end new text begin ;
new text end

new text begin (6) a declaration that the supervisee has practiced ethically and competently
according to 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

Sec. 27.

new text begin [148E.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 40 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 Requirement for LICSWs. new text end

new text begin For licensed independent clinical social
workers, at least 24 of the clock hours required under subdivision 1 must be in the clinical
content areas specified in section 148E.055, subdivision 5.
new text end

new text begin Subd. 4. new text end

new text begin Requirement for supervisors. new text end

new text begin For social workers providing supervision
according to sections 148E.100 to 148E.125, at least six of the clock hours required under
subdivision 1 must be in the practice of supervision.
new text end

new text begin Subd. 5. 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. For purposes of subdivision 6, independent study
includes consultation with an experienced supervisor regarding the practice of supervision.
new text end

new text begin Subd. 6. 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. 7. 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 [148E.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 new text end new text begin 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 [148E.140] VARIANCES.
new text end

new text begin The board may grant a variance to the continuing education requirements specified
in section new text end new text begin , 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 [148E.145] CONTINUING EDUCATION PROVIDERS APPROVED
BY 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 new text end new text begin .
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. 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 new text end new text begin to new text end new text begin ;
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 new text end new text begin ;
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 Records retention; 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 [148E.150] APPROVED CONTINUING EDUCATION PROVIDERS.
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 [148E.155] APPROVED CONTINUING EDUCATION PROGRAMS.
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 [148E.160] CONTINUING EDUCATION PROGRAMS APPROVED
BY 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 new text end new text begin to new text end new text begin ;
new text end

new text begin (2) contribute to the practice of social work as defined in section new text end new text begin ; 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 [148E.165] CONTINUING EDUCATION REQUIREMENTS OF
LICENSEES.
new text end

new text begin Subdivision 1. new text end

new text begin Records retention; 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 new text end new text begin to new text end new text begin . 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 [148E.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
new text end new text begin to new text end new text begin .
new text end

Sec. 36.

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

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

Sec. 37.

new text begin [148E.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 according to section new text end new text begin .
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 according to section new text end new text begin , $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 according to section new text end new text begin , $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 according to section new text end new text begin , $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 according to section new text end new text begin , $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 according to section new text end new text begin , $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 new text end new text begin is $10.
new text end

new text begin (b) The fee for a license wall certificate as specified in section new text end new text begin 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

Sec. 38.

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

new text begin The purpose of sections new text end new text begin to new text end new text begin 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 [148E.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 new text end new text begin to new text end new text begin 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 according to sections
new text end new text begin to new text end new text begin 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
new text end new text begin to new text end new text begin ;
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 new text end new text begin to new text end new text begin is grounds for the board to take action under
sections new text end new text begin to new text end new text begin . 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 new text end new text begin to new text end new text begin .
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 according
to sections new text end new text begin to new text end new text begin when a social worker:
new text end

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

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

Sec. 40.

new text begin [148E.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 according to section new text end new text begin .
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 according to sections new text end new text begin and new text end new text begin or practices in
a setting exempt from licensure according to section new text end new text begin .
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 according to sections new text end new text begin and new text end new text begin .
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 [148E.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 new text end new text begin to new text end new text begin , 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
according to sections new text end new text begin and new text end new text begin .
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 [148E.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 new text end new text begin to new text end new text begin 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 [148E.210] PROFESSIONAL AND ETHICAL CONDUCT.
new text end

new text begin The board has grounds to take action under sections new text end new text begin to new text end new text begin 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 [148E.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 [148E.220] RELATIONSHIPS WITH CLIENTS, FORMER CLIENTS,
AND OTHERS.
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 for a period of two years following the termination of the
professional relationship. After two years following the termination of the professional
relationship, a social worker who has engaged in diagnosing, counseling, or treating a
client with mental, emotional, or behavioral disorder 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 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 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 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 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
the offer is authorized or prescribed by a physician or is offered according to 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

new text begin Relationship with client's family or household member. new text end

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 [148E.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 [148E.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 new text end new text begin 148E.240, subdivisions 6 to 8 new text end new text begin ;
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 [148E.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.
Financial responsibility for failed appointment billings resides solely with the client and
such costs may not be billed to public or private payers.
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 [148E.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 new text end new text begin to new text end new text begin 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 new text end new text begin to new text end new text begin 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 new text end new text begin , except when the unlicensed person is exempt from
licensure according to section new text end new text begin .
new text end

new text begin Subd. 5. new text end

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

new text begin The board has grounds to take action under sections new text end new text begin to new text end new text begin 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 new text end new text begin .
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 new text end new text begin .
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 new text end new text begin .
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 according to section
new text end new text begin and chapter 214 for the production of any reports required by this section or
any related documents.
new text end

Sec. 50.

new text begin [148E.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 new text end new text begin 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 (1) has 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) 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 according 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
new text end new text begin , new text end new text begin , new text end new text begin , 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 new text end new text begin 144.335, subdivision 1 new text end new text begin , 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 new text end new text begin 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 new text end new text begin 609.347, subdivision 3 new text end new text begin .
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
according to section new text end new text begin ; 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 [148E.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 new text end new text begin to new text end new text begin 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 according to this subdivision
must be treated as investigative data according to section new text end new text begin and be classified as
confidential data.
new text end

Sec. 52.

new text begin [148E.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 according to
section new text end new text begin , adversarial but nondisciplinary action according to section new text end new text begin ,
or voluntary action according to section new text end new text begin . Any action taken under sections
new text end new text begin to new text end new text begin 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 new text end new text begin , "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
new text end new text begin , "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 new text end new text begin , "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 [148E.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 new text end new text begin ;
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
according 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
according to paragraph (e), or if there is a contested case hearing, after the board issues a
written final order according 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 [148E.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 according to sections
new text end new text begin and 524.5.102; or
new text end

new text begin (2) the licensee is committed by order of a court according 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 new text end new text begin to new text end new text begin . 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 according 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 according 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 [148E.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 new text end new text begin
to new text end new text begin in lieu of or in addition to entering into a stipulation to cease practicing
social work.
new text end

Sec. 56.

new text begin [148E.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 new text end new text begin and new text end new text begin , except when the individual is exempt from licensure
according to section new text end new text begin ;
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 according to sections
new text end new text begin to new text end new text begin , except when the individual is exempt from licensure according to
section new text end new text begin .
new text end

Sec. 57.

new text begin [148E.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 new text end new text begin , unless that individual
holds a license under sections new text end new text begin and new text end new text begin , or practices in a setting exempt
from licensure under section new text end new text begin .
new text end

Sec. 58.

new text begin [148E.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 new text end new text begin ;
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 new text end new text begin ; 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 new text end new text begin , 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 [148E.290] PENALTIES.
new text end

new text begin An individual or other entity that violates section new text end new text begin , new text end new text begin , or new text end new text begin
is guilty of a misdemeanor.
new text end

Sec. 60. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, sections 148D.001; 148D.010; 148D.015; 148D.020;
148D.025; 148D.030; 148D.035; 148D.040; 148D.045; 148D.050; 148D.055; 148D.060;
148D.065; 148D.070; 148D.075; 148D.080; 148D.085; 148D.090; 148D.095; 148D.100;
148D.105; 148D.110; 148D.115; 148D.120; 148D.125; 148D.130; 148D.135; 148D.140;
148D.145; 148D.150; 148D.155; 148D.160; 148D.165; 148D.170; 148D.175; 148D.180;
148D.185; 148D.190; 148D.195; 148D.200; 148D.205; 148D.210; 148D.215; 148D.220;
148D.225; 148D.230; 148D.235; 148D.240; 148D.245; 148D.250; 148D.255; 148D.260;
148D.265; 148D.270; 148D.275; 148D.280; 148D.285; and 148D.290, new text end new text begin are repealed
effective August 1, 2011.
new text end

Sec. 61. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective August 1, 2011.
new text end