SF 2102

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to social work; modifying licensing 
  1.3             requirements; amending Minnesota Statutes 1996, 
  1.4             section 148B.21, by adding a subdivision; Minnesota 
  1.5             Statutes 1997 Supplement, sections 148B.215; and 
  1.6             148B.283, subdivisions 4 and 5. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 148B.21, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 3a.  [PRELICENSURE SUPERVISED PRACTICE.] The 
  1.11  supervised social work practice which must be demonstrated by a 
  1.12  licensed social worker under subdivision 3 may have been 
  1.13  obtained before initial licensure, provided that the board 
  1.14  determines that such practice was permitted by law in Minnesota 
  1.15  or another state.  
  1.16     Sec. 2.  Minnesota Statutes 1997 Supplement, section 
  1.17  148B.215, is amended to read: 
  1.18     148B.215 [CONTESTED CASE HEARING.] 
  1.19     An applicant or a licensee who is the subject of an adverse 
  1.20  action by the board may request entitled to a contested case 
  1.21  hearing under chapter 14.  An applicant or a licensee who 
  1.22  desires to request a contested case hearing must submit a 
  1.23  written request to the board within 90 days of the date on which 
  1.24  the board mailed the notification of the adverse action board's 
  1.25  decision. 
  1.26     Sec. 3.  Minnesota Statutes 1997 Supplement, section 
  2.1   148B.283, subdivision 4, is amended to read: 
  2.2      Subd. 4.  [LICENSED PROFESSIONALS.] (a) A licensed social 
  2.3   worker or other licensed health professional shall report to the 
  2.4   board information on the following conduct by an applicant or a 
  2.5   licensee: 
  2.6      (1) sexual contact or sexual conduct with a client or a 
  2.7   former client; 
  2.8      (2) failure to make reports required by section 626.556 or 
  2.9   626.557; 
  2.10     (3) impairment in the ability to practice by reason of 
  2.11  illness, use of alcohol, drugs, or other chemicals, or as a 
  2.12  result of any mental or physical condition; 
  2.13     (4) improper or fraudulent billing practices, including 
  2.14  violations of the federal Medicare and Medicaid laws or state 
  2.15  medical assistance laws; 
  2.16     (5) fraud in the licensure application process or any other 
  2.17  false statements made to the board; 
  2.18     (6) conviction of a felony reasonably related to the 
  2.19  practice of social work, including conviction of the 
  2.20  psychotherapist sex crimes in chapter 609; and 
  2.21     (7) a violation of a board order. 
  2.22     (b) A licensed social worker or other licensed health 
  2.23  professional shall also report to the board information on any 
  2.24  other conduct by an applicant or a licensee that constitutes 
  2.25  grounds for disciplinary action under this chapter or the rules 
  2.26  of the board when the licensed social worker or other licensed 
  2.27  health professional reasonably believes, after appropriate 
  2.28  assessment, that the client's functioning has been or likely 
  2.29  will be affected negatively by the conduct, regardless of 
  2.30  whether the conduct has ceased. 
  2.31     (c) Notwithstanding paragraphs (a) and (b), a licensed 
  2.32  social worker or other licensed health professional shall report 
  2.33  to the board knowledge of any actions which institutions must 
  2.34  report under subdivision 2. 
  2.35     (d) A licensed social worker or other licensed health 
  2.36  professional shall report to the board information that an 
  3.1   individual has engaged or is engaging in the practice of social 
  3.2   work without a license in a setting for which licensure is 
  3.3   required. 
  3.4      Sec. 4.  Minnesota Statutes 1997 Supplement, section 
  3.5   148B.283, subdivision 5, is amended to read: 
  3.6      Subd. 5.  [REPORTING OTHER LICENSED PROFESSIONALS.] An 
  3.7   applicant or a licensee shall report to the appropriate board 
  3.8   conduct by a licensed health professional which would constitute 
  3.9   grounds for disciplinary action under the chapter or rules 
  3.10  governing the practice of the other licensed health professional 
  3.11  and which is required by law to be reported to the same board.