SF 26

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

1.1A bill for an act

1.2relating to health occupations; changing provisions for operating x-ray
1.3equipment examination and practice; modifying provisions for speech-language
1.4pathology and audiology; changing licensing provisions for physical therapists
1.5and physical therapy assistants; changing licensing provisions for social
1.6work; modifying practice provisions under the Board of Pharmacy; modifying
1.7health-related licensing board provisions;amending Minnesota Statutes 2006,
1.8sections 144.121, subdivision 5, by adding subdivisions; 147.037, subdivision
1.91; 147A.27, subdivision 2; 147B.05, subdivision 2; 147C.35, subdivision 2;
1.10147D.25, subdivision 2; 148.515, subdivision 2, by adding a subdivision; 148.65,
1.11subdivisions 2, 3, by adding a subdivision; 148.67, subdivision 1; 148.70;
1.12148.705; 148.706; 148.71; 148.73; 148.735; 148.736, subdivision 1; 148.74;
1.13148.75; 148.754; 148.755; 148.76, subdivision 1; 148.78; 148B.50, subdivision
1.145; 148B.53, subdivisions 1, 3; 148C.12, by adding subdivisions; 148D.050,
1.15subdivision 1; 148D.055, subdivisions 2, 3, 4, 5, by adding a subdivision;
1.16148D.060, subdivisions 5, 6, 7, 13, by adding a subdivision; 148D.120,
1.17subdivision 2; 148D.125, subdivision 1; 151.01, by adding subdivisions; 151.06,
1.18subdivision 1; 151.21, subdivisions 1, 2, 3, by adding a subdivision; 214.103,
1.19subdivisions 8, 9; 214.32, subdivision 1; 245.462, subdivision 18; 245.470,
1.20subdivision 1; 245.4871, subdivision 27; 245.488, subdivision 1; 256B.0623,
1.21subdivision 5; 256B.0624, subdivisions 5, 8; 256B.0943, subdivision 1; 256J.08,
1.22subdivision 73a; proposing coding for new law in Minnesota Statutes, chapters
1.23148; 148B; 148D; proposing coding for new law as Minnesota Statutes, chapter
1.24148E; repealing Minnesota Statutes 2006, sections 148.691, subdivision 3;
1.25148.71, subdivision 1; 148.72; 148.745; 148.775; 148D.001; 148D.010;
1.26148D.015; 148D.020; 148D.025; 148D.030; 148D.035; 148D.040; 148D.045;
1.27148D.050; 148D.055; 148D.060; 148D.065; 148D.070; 148D.075; 148D.080;
1.28148D.085; 148D.090; 148D.095; 148D.100; 148D.105; 148D.110; 148D.115;
1.29148D.120; 148D.125; 148D.130; 148D.135; 148D.140; 148D.145; 148D.150;
1.30148D.155; 148D.160; 148D.165; 148D.170; 148D.175; 148D.180; 148D.185;
1.31148D.190; 148D.195; 148D.200; 148D.205; 148D.210; 148D.215; 148D.220;
1.32148D.225; 148D.230; 148D.235; 148D.240; 148D.245; 148D.250; 148D.255;
1.33148D.260; 148D.265; 148D.270; 148D.275; 148D.280; 148D.285; 148D.290;
1.34Minnesota Rules, parts 5601.0200; 5601.0300; 5601.0400; 5601.0500;
1.355601.0600; 5601.0700; 5601.0800; 5601.1400; 5601.1500; 5601.1600;
1.365601.2800; 5601.2900; 5601.3000; 5601.3105; 5601.3110; 5601.3115;
1.375601.3120; 5601.3125; 5601.3130; 5601.3135; 5601.3140; 5601.3145;
1.385601.3150; 5601.3155; 5601.3160; 5601.3165.
2.1BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.2    Section 1. Minnesota Statutes 2006, section 144.121, subdivision 5, is amended to read:
2.3    Subd. 5. Examination for individual operating x-ray equipment. After January
2.41, 1997, an individual in a facility with x-ray equipment for use on humans that is
2.5registered under subdivision 1 may not operate, nor may the facility allow the individual
2.6to operate, x-ray equipment unless the individual has passed an examination approved
2.7by the commissioner of health, or an examination determined to the satisfaction of the
2.8commissioner of health to be an equivalent national, state, or regional examination,
2.9that demonstrates the individual's knowledge of basic radiation safety, proper use of
2.10x-ray equipment, darkroom and film processing, and quality assurance procedures. The
2.11commissioner shall establish by rule criteria for the approval of examinations required
2.12for an individual operating an x-ray machine in Minnesota. (a) After January 1, 2008, an
2.13individual in a facility with x-ray equipment for use on humans that is registered under
2.14subdivision 1 may not operate, nor may the facility allow the individual to operate,
2.15x-ray equipment unless the individual has passed a national examination determined
2.16to the satisfaction of the commissioner of health. The commissioner shall establish by
2.17rule criteria for the approval of examinations based on national standards, such as the
2.18examination in radiography from the American Registry of Radiologic Technologists, the
2.19examination for limited scope of practice in radiography from the American Registry
2.20of Radiologic Technologists for limited x-ray machine operators, and the American
2.21Registry of Chiropractic Radiography Technologists for limited radiography in spines and
2.22extremities; or equivalent examinations approved by other states. Equivalent examinations
2.23are to be determined by the commissioner, and must be consistent with the standards
2.24for educational and psychological testing as recommended by the American Education
2.25Research Association, the American Psychological Association, the National Council
2.26on Measurement in Education, or the National Commission for Certifying Agencies.
2.27Any costs incurred in determining the extent to which examinations meet the examining
2.28standards of this subdivision shall be paid by the individual or organization proposing the
2.29use of such examination. The commissioner shall issue a certificate to examinees who
2.30pass an approved examination.
2.31    (b) Individuals who have met current regulations to operate x-ray equipment prior to
2.32January 1, 2008, in a facility with x-ray equipment for use on humans that is registered
2.33under subdivision 1 shall not be required to take a national examination as required in
2.34paragraph (a).
2.35EFFECTIVE DATE.This section is effective January 1, 2008.

3.1    Sec. 2. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision
3.2to read:
3.3    Subd. 5a. Limited x-ray machine operator examination. The examination for
3.4limited x-ray machine operators shall include, but not be limited to:
3.5    (1) radiation protection, equipment maintenance and operation, image production
3.6and evaluation, patient care and management; and
3.7    (2) at least one of the following regions of the human anatomy: chest, extremities,
3.8skull and sinus, spine, or ankle and foot. These examinations must include the anatomy
3.9of, and position for, the specific regions.
3.10EFFECTIVE DATE.This section is effective January 1, 2008.

3.11    Sec. 3. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision
3.12to read:
3.13    Subd. 5b. Limited x-ray machine operator practice. A limited x-ray operator
3.14may practice medical radiography on limited regions of the human anatomy for which
3.15they have successfully passed an examination outlined in subdivision 5a. The operator
3.16may practice using only routine radiographic procedures, for the interpretation by and
3.17under the direction of a licensed practitioner, excluding computed tomography, the use of
3.18contrast media, and the use of fluoroscopic or mammographic equipment.
3.19EFFECTIVE DATE.This section is effective January 1, 2008.

3.20    Sec. 4. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision
3.21to read:
3.22    Subd. 5c. Exemptions. X-ray machine operators who have met current regulations
3.23adopted by the commissioner prior to January 1, 2008, are exempt from the requirements
3.24of subdivisions 5 to 5e, but must meet the continuing education requirements provided in
3.25subdivision 5f. Subdivisions 5 to 5f do not apply to dental hygienists, dental assistants,
3.26certified registered nurse anesthetists, and individuals that are licensed in the state of
3.27Minnesota to practice medicine, osteopathy, chiropractics, podiatry, and dentistry.
3.28EFFECTIVE DATE.This section is effective January 1, 2008.

3.29    Sec. 5. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision
3.30to read:
3.31    Subd. 5d. Procedures. The commissioner shall adopt by rule procedures to be
3.32followed for examinations.
4.1EFFECTIVE DATE.This section is effective January 1, 2008.

4.2    Sec. 6. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision
4.3to read:
4.4    Subd. 5e. Variance of scope and practice. The commissioner may grant a variance
4.5according to Minnesota Rules, parts 4717.7000 to 4717.7050, to a facility for the scope of
4.6practice of an x-ray operator in cases where the delivery of health care would otherwise be
4.7compromised if a variance were not granted. The request for a variance must be in writing,
4.8state the circumstances that constitute hardship, state the period of time the facility wishes
4.9to have the variance for the scope of practice in place, and state the alternative measures
4.10that will be taken if the variance is granted. The commissioner shall set forth in writing
4.11the reasons for granting or denying the variance. Variances granted by the commissioner
4.12specify in writing the time limitation and required alternative measures to be taken
4.13by the facility. A request for the variance shall be denied if the commissioner finds the
4.14circumstances stated by the facility do not support a claim of hardship, the requested time
4.15period for the variance is unreasonable, the alternative measures proposed by the facility
4.16are not equivalent to the scope of practice, or the request for the variance is not submitted
4.17to the commissioner in a timely manner.
4.18EFFECTIVE DATE.This section is effective January 1, 2008.

4.19    Sec. 7. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision
4.20to read:
4.21    Subd. 5f. Continuing education requirements. The commissioner shall approve
4.22continuing education programs for limited x-ray operators that offer x-ray-specific courses
4.23including, but not limited to, courses offered online. A limited x-ray operator shall
4.24complete four hours of continuing education during every two-year period and pay a $20
4.25fee every two years in order to remain certified. The first two-year period ends January
4.261, 2010. A limited x-ray operator who is out of compliance shall be given three months
4.27to comply with this subdivision. After that three-month period, an individual who is out
4.28of compliance shall be required to take an examination, as provided in subdivision 5,
4.29in order to be recertified.

4.30    Sec. 8. Minnesota Statutes 2006, section 147.037, subdivision 1, is amended to read:
4.31    Subdivision 1. Requirements. The board shall issue a license to practice medicine
4.32to any person who satisfies the requirements in paragraphs (a) to (g).
5.1    (a) The applicant shall satisfy all the requirements established in section 147.02,
5.2subdivision 1 , paragraphs (a), (e), (f), (g), and (h).
5.3    (b) The applicant shall present evidence satisfactory to the board that the applicant
5.4is a graduate of a medical or osteopathic school approved by the board as equivalent
5.5to accredited United States or Canadian schools based upon its faculty, curriculum,
5.6facilities, accreditation, or other relevant data. If the applicant is a graduate of a medical
5.7or osteopathic program that is not accredited by the Liaison Committee for Medical
5.8Education or the American Osteopathic Association, the applicant must may use the
5.9Federation of State Medical Boards' Federation Credentials Verification Service (FCVS)
5.10or its successor. If the applicant uses this service as required allowed under this paragraph,
5.11the physician application fee may be less than $200 but must not exceed the cost of
5.12administering this paragraph.
5.13    (c) The applicant shall present evidence satisfactory to the board that the applicant
5.14has been awarded a certificate by the Educational Council for Foreign Medical Graduates,
5.15and the applicant has a working ability in the English language sufficient to communicate
5.16with patients and physicians and to engage in the practice of medicine.
5.17    (d) The applicant shall present evidence satisfactory to the board of the completion
5.18of two years of graduate, clinical medical training in a program located in the United
5.19States, its territories, or Canada and accredited by a national accrediting organization
5.20approved by the board. This requirement does not apply:
5.21    (1) to an applicant who is admitted as a permanent immigrant to the United States on
5.22or before October 1, 1991, as a person of exceptional ability in the sciences according to
5.23Code of Federal Regulations, title 20, section 656.22(d);
5.24    (2) to an applicant holding a valid license to practice medicine in another country
5.25and issued a permanent immigrant visa after October 1, 1991, as a person of extraordinary
5.26ability in the field of science or as an outstanding professor or researcher according to
5.27Code of Federal Regulations, title 8, section 204.5(h) and (i), or a temporary nonimmigrant
5.28visa as a person of extraordinary ability in the field of science according to Code of
5.29Federal Regulations, title 8, section 214.2(o),
5.30provided that a person under clause (1) or (2) is admitted pursuant to rules of the United
5.31States Department of Labor; or
5.32    (3) to an applicant who is licensed in another state, has practiced five years without
5.33disciplinary action in the United States, its territories, or Canada, has completed one year
5.34of the graduate, clinical medical training required by this paragraph, and has passed the
5.35Special Purpose Examination of the Federation of State Medical Boards within three
5.36attempts in the 24 months before licensing.
6.1    (e) The applicant must:
6.2    (1) have passed an examination prepared and graded by the Federation of State
6.3Medical Boards, the United States Medical Licensing Examination program in accordance
6.4with section 147.02, subdivision 1, paragraph (c), clause (2), or the Medical Council
6.5of Canada; and
6.6    (2) have a current license from the equivalent licensing agency in another state or
6.7country and, if the examination in clause (1) was passed more than ten years ago, either:
6.8    (i) pass the Special Purpose Examination of the Federation of State Medical Boards
6.9with a score of 75 or better within three attempts; or
6.10    (ii) have a current certification by a specialty board of the American Board of
6.11Medical Specialties, of the American Osteopathic Association Bureau of Professional
6.12Education, of the Royal College of Physicians and Surgeons of Canada, or of the College
6.13of Family Physicians of Canada.
6.14    (f) The applicant must not be under license suspension or revocation by the licensing
6.15board of the state or jurisdiction in which the conduct that caused the suspension or
6.16revocation occurred.
6.17    (g) The applicant must not have engaged in conduct warranting disciplinary action
6.18against a licensee, or have been subject to disciplinary action other than as specified in
6.19paragraph (f). If an applicant does not satisfy the requirements stated in this paragraph,
6.20the board may issue a license only on the applicant's showing that the public will be
6.21protected through issuance of a license with conditions or limitations the board considers
6.22appropriate.
6.23EFFECTIVE DATE.This section is effective the day following final enactment.

6.24    Sec. 9. Minnesota Statutes 2006, section 147A.27, subdivision 2, is amended to read:
6.25    Subd. 2. Organization. The council shall be organized and administered under
6.26section 15.059, except that the advisory council shall expire on June 30, 2007.

6.27    Sec. 10. Minnesota Statutes 2006, section 147B.05, subdivision 2, is amended to read:
6.28    Subd. 2. Administration; compensation; removal; quorum. The advisory council
6.29is governed by section 15.059, except that the council does not expire until June 30, 2007.

6.30    Sec. 11. Minnesota Statutes 2006, section 147C.35, subdivision 2, is amended to read:
6.31    Subd. 2. Organization. The advisory council shall be organized and administered
6.32under section 15.059. The council expires June 30, 2007.

7.1    Sec. 12. Minnesota Statutes 2006, section 147D.25, subdivision 2, is amended to read:
7.2    Subd. 2. Organization. The advisory council shall be organized and administered
7.3under section 15.059. The council expires June 30, 2007.

7.4    Sec. 13. Minnesota Statutes 2006, section 148.515, subdivision 2, is amended to read:
7.5    Subd. 2. Master's or doctoral degree required for speech-language pathology
7.6applicants. (a) An applicant for speech-language pathology must possess a master's or
7.7doctoral degree that meets the requirements of paragraph (b). If completing a doctoral
7.8program in which a master's degree has not been conferred, an applicant must submit a
7.9transcript showing or letter from the academic department chair evidencing completion
7.10of course work coursework equivalent to, or exceeding, a master's degree that meets
7.11the requirement of paragraph (b).
7.12    (b) All of the speech-language pathology applicant's graduate coursework and
7.13clinical practicum required in the professional area for which licensure is sought must
7.14have been initiated and completed at an institution whose program meets the current
7.15requirements and was accredited by the Educational Standards Board of the Council
7.16on Academic Accreditation in Audiology and Speech-Language Pathology, a body
7.17recognized by the United States Department of Education, or an equivalent as determined
7.18by the commissioner, in the area for which licensure is sought.

7.19    Sec. 14. Minnesota Statutes 2006, section 148.515, is amended by adding a subdivision
7.20to read:
7.21    Subd. 2a. Masters or doctoral degree required for audiology applicants. An
7.22applicant for audiology must possess a masters degree or doctoral degree that meets the
7.23following requirements:
7.24    (1) if graduate training is completed prior to August 30, 2007, an audiology applicant
7.25must possess a masters or doctoral degree in audiology from an accredited educational
7.26institution; or
7.27    (2) if graduate training is completed after August 30, 2007, an audiology applicant
7.28must possess a doctoral degree with an emphasis in audiology, or its equivalent as
7.29determined by the commissioner, from an accredited educational institution.

7.30    Sec. 15. Minnesota Statutes 2006, section 148.65, subdivision 2, is amended to read:
7.31    Subd. 2. Physical therapist. "Physical therapist" means a person licensed by the
7.32board who practices physical therapy as defined in sections 148.65 to 148.78.

8.1    Sec. 16. Minnesota Statutes 2006, section 148.65, subdivision 3, is amended to read:
8.2    Subd. 3. Physical therapist assistant. "Physical therapist assistant" means
8.3a graduate of a physical therapist assistant educational program accredited by the
8.4Commission on Accreditation in Physical Therapy Education (CAPTE) or a recognized
8.5comparable national accrediting agency approved by the board. The physical therapist
8.6assistant, person licensed by the board who provides physical therapy under the
8.7direction and supervision of the a physical therapist, and who performs physical therapy
8.8interventions and assists with coordination, communication, and documentation;, and
8.9patient-client-related instruction. The physical therapist is not required to be on-site
8.10except as required under Minnesota Rules, part 5601.1500, but must be easily available
8.11by telecommunications.

8.12    Sec. 17. Minnesota Statutes 2006, section 148.65, is amended by adding a subdivision
8.13to read:
8.14    Subd. 8. Licensee. "Licensee" means a person licensed as a physical therapist
8.15or a physical therapist assistant.

8.16    Sec. 18. Minnesota Statutes 2006, section 148.67, subdivision 1, is amended to read:
8.17    Subdivision 1. Board of Physical Therapy appointed. The governor shall appoint
8.18a state Board of Physical Therapy to administer sections 148.65 to 148.78, regarding the
8.19qualifications and examination of physical therapists and physical therapist assistants. The
8.20board shall consist of nine members, citizens and residents of the state of Minnesota,
8.21composed of four five physical therapists, one licensed and registered doctor of medicine,
8.22one two physical therapy assistant therapist assistants, and three public members. The four
8.23physical therapist members and the physical therapist assistant members must be licensed
8.24physical therapists in this state. Each of the four physical therapist members must and have
8.25at least five years' experience in physical therapy practice, physical therapy administration,
8.26or physical therapy education. The five years' experience must immediately precede
8.27appointment. Membership terms, compensation of members, removal of members,
8.28filling of membership vacancies, and fiscal year and reporting requirements shall be as
8.29provided in sections 214.07 to 214.09. The provision of staff, administrative services, and
8.30office space; the review and processing of complaints; the setting of board fees; and
8.31other provisions relating to board operations shall be as provided in chapter 214. Each
8.32member of the board shall file with the secretary of state the constitutional oath of office
8.33before beginning the term of office.

9.1    Sec. 19. Minnesota Statutes 2006, section 148.70, is amended to read:
9.2148.70 APPLICANTS, QUALIFICATIONS.
9.3    The Board of Physical Therapy must:
9.4    (1) establish the qualifications of applicants for licensing and continuing education
9.5requirements for relicensing renewal of licensure;
9.6    (2) provide for and conduct all examinations following satisfactory completion of
9.7all didactic requirements;
9.8    (3) determine the applicants who successfully pass the examination; and
9.9    (4) duly license an applicant after the applicant has presented evidence satisfactory
9.10to the board that the applicant has completed an accredited physical therapy educational
9.11program of education or continuing education approved by the board met all requirements
9.12for licensure as a physical therapist or physical therapist assistant.
9.13    The passing score for examinations taken after July 1, 1995, shall be based on
9.14objective, numerical standards, as established by a nationally recognized board approved
9.15testing service.

9.16    Sec. 20. Minnesota Statutes 2006, section 148.705, is amended to read:
9.17148.705 APPLICATION.
9.18    Subdivision 1. Form; fee. An applicant for licensing licensure as a physical
9.19therapist or physical therapist assistant shall file submit a written application on forms
9.20provided by the board together with a the appropriate fee in the amount set by the board.
9.21No portion of the fee is refundable. No applicant will be approved to sit for the national
9.22examination until the application is complete, as determined by the board.
9.23    An approved program for physical therapists shall include the following:
9.24    (1) a minimum of 60 academic semester credits or its equivalent from an accredited
9.25college, including courses in the biological and physical sciences; and
9.26    (2) an accredited course in physical therapy education which has provided adequate
9.27instruction in the basic sciences, clinical sciences, and physical therapy theory and
9.28procedures, as determined by the board. In determining whether or not a course in physical
9.29therapy is approved, the board may take into consideration the accreditation of such
9.30schools by the appropriate council of the American Medical Association, the American
9.31Physical Therapy Association, or the Canadian Medical Association.
9.32    Subd. 2. Contents of application. (a) The application must include the following
9.33information:
10.1    (1) evidence satisfactory to the board that the applicant has met the educational
10.2requirements of section 148.721 or 148.722 as demonstrated by a certified copy of a
10.3transcript;
10.4    (2) recommendations by two physical therapists registered or licensed to practice
10.5physical therapy in the United States or Canada attesting to the applicant's ethical and
10.6moral character;
10.7    (3) a recent full-face photograph of the applicant attached to the application with the
10.8affidavit on the form completed and notarized;
10.9    (4) a record of the applicant's high school, college, and board-approved physical
10.10therapy school education listing the names, locations, dates of attendance, and diplomas,
10.11degrees, or certificates awarded;
10.12    (5) a record of the applicant's postgraduate work and military service;
10.13    (6) a listing of the United States jurisdictions, and countries in which the applicant is
10.14currently licensed or registered, or has been in the past, including the applicant's license or
10.15registration certificate number, the date the license or registration was obtained, and the
10.16method by which the license or registration was received;
10.17    (7) a record of the applicant's current and previous physical therapy practice
10.18experience;
10.19    (8) a record of disciplinary action taken on past complaints, refusal of licensure or
10.20registration, or denial of examination eligibility by another state board or physical therapy
10.21society against the applicant;
10.22    (9) a record of the applicant's personal use or administration of any controlled
10.23substances and any treatment for alcohol or drug abuse;
10.24    (10) a record by the applicant of any disease, illness, or injury that impairs the
10.25applicant's ability to practice physical therapy;
10.26    (11) a record of any convictions for crimes related to the practice of physical therapy,
10.27felonies, gross misdemeanors, and crimes involving moral turpitude;
10.28    (12) a listing of any memberships in a physical therapy professional association;
10.29    (13) the applicant's name and address;
10.30    (14) the applicant's Social Security number, alien registration card number, or tax
10.31identification number, whichever is applicable;
10.32    (15) completed copies of credentials verification forms provided by the board; and
10.33    (16) any information deemed necessary by the board to evaluate the applicant.
10.34    (b) A person who has previously practiced in another state shall submit the following
10.35information for the five-year period of active practice preceding the date of filing
10.36application in this state:
11.1    (1) the name and address of the person's professional liability insurer in the other
11.2state; and
11.3    (2) the number, date, and disposition of any malpractice settlement or award made
11.4to a plaintiff relating to the quality of services provided.

11.5    Sec. 21. Minnesota Statutes 2006, section 148.706, is amended to read:
11.6148.706 SUPERVISION OF PHYSICAL THERAPIST ASSISTANTS, AIDES,
11.7AND STUDENTS.
11.8    Subdivision 1. Supervision. Every physical therapist who uses the services of a
11.9physical therapist assistant or physical therapy aide for the purpose of assisting in the
11.10practice of physical therapy is responsible for functions performed by the assistant or
11.11aide while engaged in such assistance. The physical therapist shall delegate duties to the
11.12physical therapist assistant and assign tasks to the physical therapy aide in accordance
11.13with Minnesota Rules, part 5601.1400 subdivision 2. Physical therapists who instruct
11.14student physical therapists and student physical therapist assistants are responsible for the
11.15functions performed by the students and shall supervise the students as provided under
11.16section 148.65, subdivisions 5 and 6. A licensed physical therapist may supervise no more
11.17than two physical therapist assistants at any time.
11.18    Subd. 2. Delegation of duties. The physical therapist may delegate patient
11.19treatment procedures only to a physical therapist assistant who has sufficient didactic and
11.20clinical preparation. The physical therapist may not delegate the following activities to the
11.21physical therapist assistant or to other supportive personnel: patient evaluation, treatment
11.22planning, initial treatment, change of treatment, and initial or final documentation.
11.23    Subd. 3. Observation of physical therapist assistants. When components of a
11.24patient's treatment are delegated to a physical therapist assistant, a physical therapist must
11.25provide on-site observation of the treatment and documentation of its appropriateness at
11.26least every six treatment sessions. The physical therapist is not required to be on-site, but
11.27must be easily available by telecommunications.
11.28    Subd. 4. Observation of physical therapy aides. The physical therapist must
11.29observe the patient's status before and after the treatment administered by a physical
11.30therapy aide. The physical therapy aide may perform tasks related to preparation of patient
11.31and equipment for treatment, housekeeping, transportation, clerical duties, departmental
11.32maintenance, and selected treatment procedures. The tasks must be performed under the
11.33direct supervision of a physical therapist who is readily available for advice, instruction,
11.34or immediate assistance.

12.1    Sec. 22. Minnesota Statutes 2006, section 148.71, is amended to read:
12.2148.71 LICENSING TEMPORARY PERMITS.
12.3    Subdivision 1. Qualified applicant. The state Board of Physical Therapy shall
12.4license as a physical therapist and shall furnish a license to an applicant who successfully
12.5passes an examination provided for in sections 148.65 to 148.78 for licensing as a physical
12.6therapist and who is otherwise qualified as required in sections 148.65 to 148.78.
12.7    Subd. 2. Temporary permit Issuance. (a) The board may, upon completion of
12.8the application prescribed by the board and payment of a fee set by the board, issue a
12.9temporary permit to practice physical therapy under supervision to a physical therapist
12.10who is a graduate of an approved school of physical therapy an applicant for licensure as a
12.11physical therapist or physical therapist assistant who meets the educational requirements
12.12of section 148.721 or 148.722 and qualified for admission to examination for licensing as
12.13a physical therapist or physical therapist assistant. A temporary permit to practice physical
12.14therapy under supervision may be issued only once and cannot be renewed. It expires 90
12.15days after the next examination for licensing given by the board or on the date on which
12.16the board, after examination of the applicant, grants or denies the applicant a license to
12.17practice, whichever occurs first. A temporary permit expires on the first day the board
12.18begins its next examination for license after the permit is issued if the holder does not
12.19submit to examination on that date. The holder of a temporary permit to practice physical
12.20therapy under supervision may practice physical therapy as defined in section 148.65 if
12.21the entire practice is under the supervision of a person holding a valid license to practice
12.22physical therapy in this state. The supervision shall be direct, immediate, and on premises.
12.23    (b) A physical therapist An applicant from another state who is licensed or otherwise
12.24registered in good standing as a physical therapist by that state and meets the requirements
12.25for licensing under section 148.72 does not require supervision to practice physical therapy
12.26while holding a temporary permit in this state. The temporary permit remains valid only
12.27until the meeting of the board at which the application for licensing is considered.
12.28    Subd. 3. Foreign-trained Foreign-educated physical therapists; temporary
12.29permits. (a) The Board of Physical Therapy may issue a temporary permit to a
12.30foreign-trained foreign-educated physical therapist who:
12.31    (1) is enrolled in a supervised physical therapy traineeship that meets the
12.32requirements under paragraph (b);
12.33    (2) has completed a physical therapy education program equivalent to that under
12.34section 148.705 and Minnesota Rules, part 5601.0800, subpart 2 148.721, and has
12.35provided to the board a Foreign Credentialing Commission on Physical Therapy
13.1(FCCPT) comprehensive credentials evaluation (Type I certificate) or FCCPT educational
13.2credentials review demonstrating completion of the program;
13.3    (3) has achieved a passing score of at least 550 according to section 148.725,
13.4subdivision 3, on the test of English as a foreign language or a score of at least 85 on
13.5the Minnesota battery test an alternate equivalent examination, as determined by the
13.6board; and
13.7    (4) has paid a nonrefundable fee set by the board.
13.8    A foreign-trained foreign-educated physical therapist must have the temporary
13.9permit before beginning a traineeship.
13.10    (b) A supervised physical therapy traineeship must:
13.11    (1) be at least six months;
13.12    (2) be at a board-approved facility;
13.13    (3) provide a broad base of clinical experience to the foreign-trained foreign-educated
13.14physical therapist including a variety of physical agents, therapeutic exercises, evaluation
13.15procedures, and patient diagnoses;
13.16    (4) be supervised by a physical therapist who has at least three years of clinical
13.17experience and is licensed under subdivision 1; and
13.18    (5) be approved by the board before the foreign-trained foreign-educated physical
13.19therapist begins the traineeship.
13.20    (c) A temporary permit is effective on the first day of a traineeship and expires 90
13.21days after the next examination for licensing given by the board following successful
13.22completion of the traineeship or on the date on which the board, after examination of the
13.23applicant, grants or denies the applicant a license to practice, whichever occurs first.
13.24    (d) A foreign-trained foreign-educated physical therapist must successfully complete
13.25a traineeship to be licensed as a physical therapist under subdivision 1. The traineeship
13.26may be waived for a foreign-trained foreign-educated physical therapist who is licensed
13.27or otherwise registered in good standing in another state and has successfully practiced
13.28physical therapy in that state under the supervision of a licensed or registered physical
13.29therapist for at least six months at a facility that meets the requirements under paragraph
13.30(b), clauses (2) and (3).
13.31    (e) A temporary permit will not be issued to a foreign-trained foreign-educated
13.32applicant who has been issued a temporary permit for longer than six months in any
13.33other state.

13.34    Sec. 23. [148.721] EDUCATIONAL REQUIREMENTS FOR LICENSED
13.35PHYSICAL THERAPIST.
14.1    Subdivision 1. Accredited program. All applicants for licensure as a physical
14.2therapist must complete a course in physical therapy education accredited by the
14.3Commission on Accreditation in Physical Therapy Education (CAPTE) or which meets
14.4the accreditation requirements of CAPTE, as determined by the board.
14.5    Subd. 2. General education. In addition to completion of the accredited program
14.6required in subdivision 1, applicants must complete an additional 60 academic semester
14.7credits or its quarter equivalent from an institution of higher education that is accredited
14.8by a regional accrediting organization. Coursework used to satisfy this requirement may
14.9not have been earned as part of the accredited program requirement of subdivision 1.

14.10    Sec. 24. [148.722] EDUCATIONAL REQUIREMENTS FOR LICENSED
14.11PHYSICAL THERAPIST ASSISTANT.
14.12    All applicants for licensure as a physical therapist assistant must graduate from
14.13a physical therapist assistant educational program accredited by the Commission
14.14on Accreditation in Physical Therapy Education (CAPTE) or meet its standards, as
14.15determined by the board.

14.16    Sec. 25. [148.723] EXAMINATION FOR LICENSED PHYSICAL THERAPIST.
14.17    Subdivision 1. National test. All applicants for licensure as a physical therapist
14.18must take and pass the National Physical Therapy Examination (NPTE) administered by
14.19the Federation of State Boards of Physical Therapy (FSBPT) or an alternate national
14.20examination determined by the board to be equivalent. For purposes of this section,
14.21passing scores are defined in subdivisions 2 and 3.
14.22    Subd. 2. Examinations taken on or before July 1, 1995. The passing score for
14.23qualifying examinations taken prior to July 1, 1995, is one standard deviation below the
14.24mean of all persons taking the examination.
14.25    Subd. 3. Examinations taken after July 1, 1995. The passing score for qualifying
14.26examinations taken after July 1, 1995, shall be based on objective, numerical standards
14.27established by the administering testing agency.

14.28    Sec. 26. [148.724] EXAMINATION FOR LICENSED PHYSICAL THERAPIST
14.29ASSISTANT.
14.30    Subdivision 1. National test. All applicants for licensure as a physical therapist
14.31assistant must take and pass the National Physical Therapy Examination (NPTE) for
14.32physical therapist assistants administered by the Federation of State Boards of Physical
15.1Therapy (FSBPT) or an alternate national examination determined by the board to be
15.2equivalent. For purposes of this section, passing scores are defined in subdivisions 2 to 4.
15.3    Subd. 2. Examinations taken on or before July 1, 1995. The passing score for
15.4qualifying examinations taken prior to July 1, 1995, is one standard deviation below the
15.5mean of all persons taking the examination.
15.6    Subd. 3. Examinations taken after July 1, 1995. The passing score for qualifying
15.7examinations taken after July 1, 1995, shall be based on objective, numerical standards
15.8established by the administering testing agency.
15.9    Subd. 4. Grandparenting provision. Applicants for licensure as a physical
15.10therapist assistant who meet the educational requirements of section 148.722 prior to
15.11September 1, 2007, are not required to take and pass the examination required by this
15.12section. This provision expires on July 1, 2008.

15.13    Sec. 27. [148.725] REQUIREMENTS FOR FOREIGN-EDUCATED
15.14APPLICANTS.
15.15    Subdivision 1. Scope and documentation. An applicant for licensure who is a
15.16foreign-educated physical therapist must fulfill the requirements in subdivisions 2 to 5,
15.17providing certified English translations of board-required relevant documentation.
15.18    Subd. 2. Education evaluation. The applicant must present evidence of completion
15.19of physical therapy schooling equivalent to that required in section 148.721 by having a
15.20Type I comprehensive credentials evaluation or educational credentials review performed
15.21by the Foreign Credentialing Commission on Physical Therapy (FCCPT). The evaluation
15.22must be sent directly to the board from the FCCPT. The applicant shall be responsible for
15.23the expenses incurred as a result of the evaluation.
15.24    Subd. 3. English test. If not completed as part of the FCCPT Type I comprehensive
15.25credentials evaluation, the applicant must demonstrate English language proficiency by
15.26taking the test of English as a foreign language examination (TOEFL) and achieving a
15.27passing score as established by the board, or a passing score on a comparable nationally
15.28recognized examination approved by the board. For purposes of this subdivision, the
15.29passing score adopted by the board shall be applied prospectively.
15.30    Subd. 4. Experience. The applicant must have practiced satisfactorily for at least
15.31six months under the supervision of a licensed physical therapist at a board-approved
15.32facility. A facility that offers such practice must provide a broad base of experience
15.33including a variety of physical agents, therapeutic exercises, evaluation procedures, and
15.34patient diagnoses. Supervision must be provided by a licensed physical therapist with at
16.1least three years of clinical experience. A proposed outline of clinical experiences must be
16.2approved by the board before the facility begins offering the experience.
16.3    Subd. 5. Examination. The applicant must satisfactorily complete the
16.4board-approved examination as stated in section 148.72 or 148.73.

16.5    Sec. 28. Minnesota Statutes 2006, section 148.73, is amended to read:
16.6148.73 RENEWALS.
16.7    Every licensed physical therapist and physical therapist assistant shall, during each
16.8January before January 1 each year, apply to the board for an extension of a license and
16.9pay a fee in the amount set by the board. The extension of the license is contingent
16.10upon demonstration that the continuing education requirements set by the board under
16.11section 148.70 have been satisfied. For purposes of this section, the continuing education
16.12requirements for physical therapist assistants are the same as those for physical therapists.

16.13    Sec. 29. Minnesota Statutes 2006, section 148.735, is amended to read:
16.14148.735 CANCELLATION OF LICENSE IN GOOD STANDING.
16.15    Subdivision 1. Board approval; reporting. A physical therapist or physical
16.16therapist assistant holding an active license to practice physical therapy in the state may,
16.17upon approval of the board, be granted license cancellation if the board is not investigating
16.18the person as a result of a complaint or information received or if the board has not begun
16.19disciplinary proceedings against the person. Such action by the board shall be reported as
16.20a cancellation of a license in good standing.
16.21    Subd. 2. Fees nonrefundable. A physical therapist or physical therapist assistant
16.22who receives board approval for license cancellation is not entitled to a refund of any
16.23license fees paid for the licensure year in which cancellation of the license occurred.
16.24    Subd. 3. New license after cancellation. If a physical therapist or physical therapist
16.25assistant who has been granted board approval for license cancellation desires to resume
16.26the practice of physical therapy in Minnesota, that physical therapist or physical therapist
16.27assistant must obtain a new license by applying for licensure and fulfilling the requirements
16.28then in existence for obtaining an initial license to practice physical therapy in Minnesota.

16.29    Sec. 30. Minnesota Statutes 2006, section 148.736, subdivision 1, is amended to read:
16.30    Subdivision 1. Board approval; reporting. A physical therapist, or physical
16.31therapist assistant whose right to practice is under suspension, condition, limitation,
16.32qualification, or restriction by the board may be granted cancellation of credentials by
16.33approval of the board. Such action by the board shall be reported as cancellation while
17.1under discipline. Credentials, for purposes of this section, means board authorized
17.2documentation of the privilege to practice physical therapy.

17.3    Sec. 31. Minnesota Statutes 2006, section 148.74, is amended to read:
17.4148.74 RULES.
17.5    The board may adopt rules needed to carry out sections 148.65 to 148.78. The
17.6secretary-treasurer of the board shall keep a record of proceedings under these sections
17.7and a register of all persons licensed under it. The register shall show the name, address,
17.8date and number of the license, and the renewal of the license. Any other interested
17.9person in the state may obtain a copy of the list on request to the board upon paying an
17.10amount fixed by the board. The amount shall not exceed the cost of the list furnished. The
17.11board shall provide blanks, books, certificates, and stationery and assistance necessary to
17.12transact business of the board. All money received by the board under sections 148.65 to
17.13148.78 shall be paid into the state treasury as provided for by law. The board shall set by
17.14rule the amounts of the application fee and the annual licensing fee. The fees collected by
17.15the board must be sufficient to cover the costs of administering sections 148.65 to 148.78.

17.16    Sec. 32. Minnesota Statutes 2006, section 148.75, is amended to read:
17.17148.75 LICENSES; DENIAL, SUSPENSION, REVOCATION DISCIPLINARY
17.18ACTION.
17.19    (a) The state board of Physical Therapy may refuse to grant a license to any physical
17.20therapist, or may suspend or revoke the license of any physical therapist for any of the
17.21following grounds may impose disciplinary action specified in paragraph (b) against an
17.22applicant or licensee whom the board, by a preponderance of the evidence, determines:
17.23    (1) using drugs or intoxicating liquors to an extent which affects professional
17.24competence;
17.25    (2) conviction of a felony;
17.26    (1) has violated a statute, rule, order, or agreement for corrective action that the
17.27board issued or is otherwise authorized or empowered to enforce;
17.28    (2) is unable to practice physical therapy with reasonable skill and safety by reason
17.29of any mental or physical illness or condition, including deterioration through the aging
17.30process or loss of motor skills, or use of alcohol, drugs, narcotics, chemicals, or any
17.31other type of material;
17.32    (3) has been convicted of or has pled guilty or nolo contendere to a felony or other
17.33crime, an element of which is dishonesty or fraud, or has been shown to have engaged
17.34in acts or practices tending to show that the applicant or licensee is incompetent or has
18.1engaged in conduct reflecting adversely on the applicant's or licensee's ability or fitness to
18.2engage in the practice of physical therapy;
18.3    (3) conviction for (4) has been convicted of violating any state or federal narcotic
18.4law;
18.5    (4) obtaining (5) has obtained or attempted to obtain a license or attempting to
18.6obtain a license or approval of continuing education activities, or passed an examination,
18.7by fraud or deception;
18.8    (5) conduct unbecoming a person licensed as a physical therapist or conduct
18.9detrimental to the best interests of the public;
18.10    (6) has engaged in unprofessional conduct or any other conduct which has the
18.11potential for causing harm to the public, including any departure from or failure to
18.12conform to the minimum standards of acceptable and prevailing practice without actual
18.13injury having to be established;
18.14    (6) (7) has engaged in gross negligence in the practice of physical therapy as a
18.15physical therapist;
18.16    (7) treating (8) has treated human ailments by physical therapy after an initial 30-day
18.17period of patient admittance to treatment has lapsed, except by the order or referral of a
18.18person licensed in this state in the practice of medicine as defined in section 147.081, the
18.19practice of chiropractic as defined in section 148.01, the practice of podiatry as defined
18.20in section 153.01, or the practice of dentistry as defined in section 150A.05 and whose
18.21license is in good standing; or when a previous diagnosis exists indicating an ongoing
18.22condition warranting physical therapy treatment, subject to periodic review defined by
18.23board of physical therapy rule;
18.24    (8) treating (9) has treated human ailments, without referral, by physical therapy
18.25treatment without first having practiced one year under a physician's orders as verified by
18.26the board's records;
18.27    (9) failing (10) has failed to consult with the patient's health care provider who
18.28prescribed the physical therapy treatment if the treatment is altered by the physical
18.29therapist from the original written order. The provision does not include written orders to
18.30"evaluate and treat";
18.31    (10) treating human ailments other than by physical therapy unless duly licensed or
18.32registered to do so under the laws of this state;
18.33    (11) inappropriate delegation has inappropriately delegated to a physical therapist
18.34assistant or inappropriate task assignment inappropriately assigned tasks to an aide, or
18.35inadequate supervision of inadequately supervised a student physical therapist, physical
18.36therapist assistant, student physical therapist assistant, or a physical therapy aide;
19.1    (12) practicing has practiced as a physical therapist performing medical diagnosis,
19.2the practice of medicine as defined in section 147.081, or the practice of chiropractic as
19.3defined in section 148.01;
19.4    (13) failing has failed to comply with a reasonable request to obtain appropriate
19.5clearance for mental or physical conditions that would interfere with the ability to practice
19.6physical therapy, and that may be potentially harmful to patients;
19.7    (14) dividing has divided fees with, or paying or promising to pay a commission or
19.8part of the fee to, any person who contacts the physical therapist for consultation or sends
19.9patients to the physical therapist for treatment;
19.10    (15) engaging has engaged in an incentive payment arrangement, other than that
19.11prohibited by clause (14), that tends to promote physical therapy overuse, that allows the
19.12referring person or person who controls the availability of physical therapy services to a
19.13client to profit unreasonably as a result of patient treatment;
19.14    (16) practicing physical therapy and failing has failed to refer to a licensed health
19.15care professional a patient whose medical condition at the time of evaluation has been
19.16determined by the physical therapist to be beyond the scope of practice of a physical
19.17therapist;
19.18    (17) failing has failed to report to the board other licensed physical therapists
19.19licensees who violate this section; and
19.20    (18) practicing has engaged in the practice of physical therapy under lapsed or
19.21nonrenewed credentials.;
19.22    (19) has had a license, certificate, charter, registration, privilege to take an
19.23examination, or other similar authority denied, revoked, suspended, canceled, limited,
19.24reprimanded, or otherwise disciplined, or not renewed for cause in any jurisdiction; or has
19.25surrendered or voluntarily terminated a license or certificate during a board investigation
19.26of a complaint, as part of a disciplinary order, or while under a disciplinary order;
19.27    (20) has been subject to a corrective action or similar action in another jurisdiction
19.28or by another regulatory authority; or
19.29    (21) has failed to cooperate with an investigation of the board, including responding
19.30fully and promptly to any question raised by or on behalf of the board relating to the
19.31subject of the investigation, executing all releases requested by the board, providing copies
19.32of patient records, as reasonably requested by the board to assist it in its investigation, and
19.33appearing at conferences or hearings scheduled by the board or its staff.
19.34    (b) If grounds for disciplinary action exist under paragraph (a), the board may take
19.35one or more of the following actions:
19.36    (1) deny the application for licensure;
20.1    (2) deny the renewal of the license;
20.2    (3) revoke the license;
20.3    (4) suspend the license;
20.4    (5) impose limitations or conditions on the licensee's practice of physical therapy,
20.5including the: (i) limitation of scope of practice to designated field specialties; (ii)
20.6imposition of retraining or rehabilitation requirements; (iii) requirement of practice under
20.7supervision; or (iv) conditioning of continued practice on demonstration of knowledge or
20.8skills by appropriate examination, monitoring, or other review of skill and competence;
20.9    (6) impose a civil penalty not to exceed $10,000 for each separate violation,
20.10the amount of the civil penalty to be fixed so as to deprive the physical therapist of
20.11any economic advantage gained by reason of the violation charged, to discourage
20.12similar violations, or to reimburse the board for the cost of the investigation and
20.13proceeding including, but not limited to, fees paid for services provided by the Office of
20.14Administrative Hearings, legal and investigative services provided by the Office of the
20.15Attorney General, court reporters, witnesses, reproduction of records, board members'
20.16per diem compensation, board staff time, and travel costs and expenses incurred by board
20.17staff and board members;
20.18    (7) order the licensee to provide unremunerated service;
20.19    (8) censure or reprimand the licensee; or
20.20    (9) any other action as allowed by law and justified by the facts of the case.
20.21    (b) (c) A license to practice as a physical therapist or physical therapist assistant is
20.22automatically suspended if (1) a guardian of the physical therapist licensee is appointed
20.23by order of a court pursuant to sections 524.5-101 to 524.5-502, for reasons other than
20.24the minority of the physical therapist licensee; or (2) the physical therapist licensee is
20.25committed by order of a court pursuant to chapter 253B. The license remains suspended
20.26until the physical therapist licensee is restored to capacity by a court and, upon petition
20.27by the physical therapist licensee, the suspension is terminated by the Board of Physical
20.28Therapy after a hearing.

20.29    Sec. 33. Minnesota Statutes 2006, section 148.754, is amended to read:
20.30148.754 EXAMINATION; ACCESS TO MEDICAL DATA.
20.31    (a) If the board has probable cause to believe that a physical therapist licensee
20.32comes under section 148.75, paragraph (a), clause (2), it may direct the physical therapist
20.33licensee to submit to a mental or physical examination. For the purpose of this paragraph,
20.34every physical therapist licensee is deemed to have consented to submit to a mental or
20.35physical examination when directed in writing by the board and further to have waived
21.1all objections to the admissibility of the examining physicians' testimony or examination
21.2reports on the ground that they constitute a privileged communication. Failure of the
21.3physical therapist licensee to submit to an examination when directed constitutes an
21.4admission of the allegations against the person, unless the failure was due to circumstances
21.5beyond the person's control, in which case a default and final order may be entered without
21.6the taking of testimony or presentation of evidence. A physical therapist licensee affected
21.7under this paragraph shall, at reasonable intervals, be given an opportunity to demonstrate
21.8that the person can resume the competent practice of physical therapy with reasonable
21.9skill and safety to the public.
21.10    (b) In any proceeding under paragraph (a), neither the record of proceedings nor
21.11the orders entered by the board shall be used against a physical therapist licensee in any
21.12other proceeding.
21.13    (c) In addition to ordering a physical or mental examination, the board may,
21.14notwithstanding section 13.384, 144.651, or any other law limiting access to medical
21.15or other health data, obtain medical data and health records relating to a physical
21.16therapist licensee or applicant without the person's or applicant's consent if the board has
21.17probable cause to believe that a physical therapist the person comes under paragraph
21.18(a). The medical data may be requested from a provider, as defined in section 144.335,
21.19subdivision 1 , paragraph (b), an insurance company, or a government agency, including
21.20the Department of Human Services. A provider, insurance company, or government
21.21agency shall comply with any written request of the board under this paragraph and is
21.22not liable in any action for damages for releasing the data requested by the board if the
21.23data are released pursuant to a written request under this paragraph, unless the information
21.24is false and the provider giving the information knew, or had reason to believe, the
21.25information was false. Information obtained under this paragraph is classified as private
21.26under sections 13.01 to 13.87.

21.27    Sec. 34. Minnesota Statutes 2006, section 148.755, is amended to read:
21.28148.755 TEMPORARY SUSPENSION OF LICENSE.
21.29    In addition to any other remedy provided by law, the board may, without a hearing,
21.30temporarily suspend the license of a physical therapist licensee if the board finds that the
21.31physical therapist licensee has violated a statute or rule which the board is empowered to
21.32enforce and continued practice by the physical therapist licensee would create a serious
21.33risk of harm to the public. The suspension shall take effect upon written notice to the
21.34physical therapist licensee, specifying the statute or rule violated. The suspension shall
21.35remain in effect until the board issues a final order in the matter after a hearing. At the
22.1time it issues the suspension notice, the board shall schedule a disciplinary hearing to be
22.2held pursuant to the Administrative Procedure Act, chapter 14. The physical therapist
22.3licensee shall be provided with at least 20 days' notice of any hearing held pursuant to this
22.4section. The hearing shall be scheduled to begin no later than 30 days after the issuance
22.5of the suspension order.

22.6    Sec. 35. Minnesota Statutes 2006, section 148.76, subdivision 1, is amended to read:
22.7    Subdivision 1. Licensure required. No person shall:
22.8    (1) provide physical therapy unless the person is licensed as a physical therapist or
22.9physical therapist assistant under sections 148.65 to 148.78;
22.10    (2) use the title of physical therapist without a license as a physical therapist or use
22.11the title physical therapist assistant without a license as a physical therapist assistant
22.12issued under sections 148.65 to 148.78;
22.13    (3) in any manner hold out as a physical therapist, or use in connection with the
22.14person's name the words or letters Physical Therapist, Physiotherapist, Physical Therapy
22.15Technician, Registered Physical Therapist, Licensed Physical Therapist, PT, PTT, RPT,
22.16LPT, or any letters, words, abbreviations or insignia indicating or implying that the person
22.17is a physical therapist, without a license as a physical therapist issued under sections
22.18148.65 to 148.78. To do so is a gross misdemeanor;
22.19    (4) in any manner hold out as a physical therapist assistant, or use in connection with
22.20the person's name the words or letters Physical Therapist Assistant, P.T.A., or any letters,
22.21words, abbreviations, or insignia indicating or implying that the person is a physical
22.22therapist assistant, without a license as a physical therapist assistant under sections 148.65
22.23to 148.78. To do so is a gross misdemeanor; or
22.24    (4) (5) employ fraud or deception in applying for or securing a license as a physical
22.25therapist or physical therapist assistant.
22.26    Nothing in sections 148.65 to 148.78 prohibits a person licensed or registered in this
22.27state under another law from carrying out the therapy or practice for which the person is
22.28duly licensed or registered.

22.29    Sec. 36. Minnesota Statutes 2006, section 148.78, is amended to read:
22.30148.78 PROSECUTION, ALLEGATIONS.
22.31    In the prosecution of any person for violation of sections 148.65 to 148.78 as
22.32specified in section 148.76, it shall not be necessary to allege or prove want of a valid
22.33license as a physical therapist or physical therapist assistant, but shall be a matter of
22.34defense to be established by the accused.

23.1    Sec. 37. [148.785] FEES.
23.2    The fees charged by the board are fixed at the following rates:
23.3    (1) application fee for physical therapists and physical therapist assistants, $100;
23.4    (2) annual licensure for physical therapists and physical therapist assistants, $60;
23.5    (3) licensure renewal late fee, $20;
23.6    (4) temporary permit, $25;
23.7    (5) duplicate license or registration, $20;
23.8    (6) certification letter, $25;
23.9    (7) education or training program approval, $100;
23.10    (8) report creation and generation, $60 per hour billed in quarter-hour increments
23.11with a quarter-hour minimum; and
23.12    (9) examination administration:
23.13    (i) half day, $50; and
23.14    (ii) full day, $80.

23.15    Sec. 38. Minnesota Statutes 2006, section 148B.50, subdivision 5, is amended to read:
23.16    Subd. 5. Scope of practice. (a) The scope of practice of a licensed professional
23.17counselor includes, but is not limited to:
23.18    (1) the implementation of professional counseling treatment interventions including
23.19evaluation, treatment planning, assessment, and referral;
23.20    (2) direct counseling services to individuals, groups, and families;
23.21    (3) counseling strategies that effectively respond to multicultural populations;
23.22    (4) knowledge of relevant laws and ethics impacting practice;
23.23    (5) crisis intervention;
23.24    (6) consultation; and
23.25    (7) program evaluation and applied research.
23.26    (b) For the purposes of paragraph (a), clause (1), "professional counseling treatment
23.27interventions" means the application of cognitive, affective, behavioral, systemic, and
23.28community counseling strategies which include principles of human development,
23.29wellness, and pathology. Counselors provide mental health services for clients whose
23.30symptoms significantly interfere with daily functioning and would most likely not improve
23.31in a reasonable time period without intervention.
23.32    (c) Licensed professional counseling does not include activities or services
23.33undertaken by persons listed in section 148B.592, or the performance of any act that
23.34licensed professional counselors are not educated and trained to perform.
24.1    (d) In order to evaluate and treat mental illness, a licensed professional counselor
24.2must complete the postgraduate training specified in section 245.462, subdivision 18,
24.3clause (6), or 245.4871, subdivision 27, clause (6).

24.4    Sec. 39. Minnesota Statutes 2006, section 148B.53, subdivision 1, is amended to read:
24.5    Subdivision 1. General requirements. (a) To be licensed as a licensed professional
24.6counselor (LPC), an applicant must provide evidence satisfactory to the board that the
24.7applicant:
24.8    (1) is at least 18 years of age;
24.9    (2) is of good moral character;
24.10    (3) has completed a master's or doctoral degree program in counseling or a related
24.11field, as determined by the board based on the criteria in paragraph (b), that includes a
24.12minimum of 48 semester hours or 72 quarter hours and a supervised field experience of
24.13not fewer than 700 hours that is counseling in nature;
24.14    (4) has submitted to the board a plan for supervision during the first 2,000 hours
24.15of professional practice or has submitted proof of supervised professional practice that
24.16is acceptable to the board; and
24.17    (5) has demonstrated competence in professional counseling by passing the National
24.18Counseling Exam (NCE) administered by the National Board for Certified Counselors,
24.19Inc. (NBCC) or an equivalent national examination as determined by the board, and
24.20ethical, oral, and situational examinations if prescribed by the board.
24.21    (b) The degree described in paragraph (a), clause (3), must be from a counseling
24.22program recognized by the Council for Accreditation of Counseling and Related Education
24.23Programs (CACREP) or from an institution of higher education that is accredited by
24.24a regional accrediting organization recognized by the Council for Higher Education
24.25Accreditation (CHEA). Except as provided in paragraph (e), Specific academic course
24.26content and training must include course work course work in each of the following
24.27subject areas:
24.28    (1) the helping relationship, including counseling theory and practice;
24.29    (2) human growth and development;
24.30    (3) lifestyle and career development;
24.31    (4) group dynamics, processes, counseling, and consulting;
24.32    (5) assessment and appraisal;
24.33    (6) social and cultural foundations, including multicultural issues;
24.34    (7) principles of etiology, treatment planning, and prevention of mental and
24.35emotional disorders and dysfunctional behavior;
25.1    (8) family counseling and therapy;
25.2    (9) research and evaluation; and
25.3    (10) professional counseling orientation and ethics.
25.4    (c) To be licensed as a professional counselor, a psychological practitioner licensed
25.5under section 148.908 need only show evidence of licensure under that section and is not
25.6required to comply with paragraph (a), clauses (1) to (3) and (5), or paragraph (b).
25.7    (d) To be licensed as a professional counselor, a Minnesota licensed psychologist
25.8need only show evidence of licensure from the Minnesota Board of Psychology and is not
25.9required to comply with paragraph (a) or (b).
25.10    (e) If the degree described in paragraph (a), clause (3), is from a counseling program
25.11recognized by the Council for Accreditation of Counseling and Related Education
25.12Programs (CACREP), the applicant is deemed to have met the specific course work
25.13requirements of paragraph (b).

25.14    Sec. 40. Minnesota Statutes 2006, section 148B.53, subdivision 3, is amended to read:
25.15    Subd. 3. Fee. Nonrefundable fees are as follows:
25.16    (1) initial license application fee for licensed professional counseling (LPC) - $250
25.17$150;
25.18    (2) initial license fee for LPC - $250;
25.19    (3) annual active license renewal fee for LPC - $200 $250 or equivalent;
25.20    (3) (4) annual inactive license renewal fee for LPC - $100 $125;
25.21    (5) initial license application fee for licensed professional clinical counseling
25.22(LPCC) - $150;
25.23    (6) initial license fee for LPCC - $250;
25.24    (7) annual active license renewal fee for LPCC - $250 or equivalent;
25.25    (8) annual inactive license renewal fee for LPCC - $125;
25.26    (4) (9) license renewal late fee - $100 per month or portion thereof;
25.27    (5) (10) copy of board order or stipulation - $10;
25.28    (6) (11) certificate of good standing or license verification - $10 $25;
25.29    (7) (12) duplicate certificate fee - $10 $25;
25.30    (8) (13) professional firm renewal fee - $25;
25.31    (9) (14) sponsor application for approval of a continuing education course - $60;
25.32    (15) initial registration fee - $50; and
25.33    (10) (16) annual registration renewal fee - $25; and
25.34    (17) approved supervisor application processing fee - $30.

26.1    Sec. 41. [148B.5301] REQUIREMENTS FOR LICENSURE AS A LICENSED
26.2PROFESSIONAL CLINICAL COUNSELOR.
26.3    Subdivision 1. General requirements. (a) To be licensed as a licensed professional
26.4clinical counselor (LPCC), an applicant must provide satisfactory evidence to the board
26.5that the applicant:
26.6    (1) is at least 18 years of age;
26.7    (2) is of good moral character;
26.8    (3) has completed a masters or doctoral degree program in counseling or a
26.9related field, as determined by the board based on the criteria in items (i) to (x), that
26.10includes a minimum of 48 semester hours or 72 quarter hours and a supervised field
26.11experience in counseling that is not fewer than 700 hours. The degree must be from
26.12a counseling program recognized by the Council for Accreditation of Counseling and
26.13Related Education Programs (CACREP) or from an institution of higher education that is
26.14accredited by a regional accrediting organization recognized by the Council for Higher
26.15Education Accreditation (CHEA). Specific academic course content and training must
26.16include coursework in each of the following subject areas:
26.17    (i) helping relationship, including counseling theory and practice;
26.18    (ii) human growth and development;
26.19    (iii) lifestyle and career development;
26.20    (iv) group dynamics, processes, counseling, and consulting;
26.21    (v) assessment and appraisal;
26.22    (vi) social and cultural foundations, including multicultural issues;
26.23    (vii) principles of etiology, treatment planning, and prevention of mental and
26.24emotional disorders and dysfunctional behavior;
26.25    (viii) family counseling and therapy;
26.26    (ix) research and evaluation; and
26.27    (x) professional counseling orientation and ethics;
26.28    (4) has demonstrated competence in professional counseling by passing the National
26.29Clinical Mental Health Counseling Examination (NCMHCE), administered by the
26.30National Board for Certified Counselors, Inc. (NBCC) and ethical, oral, and situational
26.31examinations as prescribed by the board. In lieu of the NCMHCE, applicants who have
26.32taken and passed the National Counselor Examination (NCE) administered by the NBCC,
26.33or another board-approved examination, need only take and pass the Examination of
26.34Clinical Counseling Practice (ECCP) administered by the NBCC;
26.35    (5) has earned graduate-level semester credits or quarter-credit equivalents in the
26.36following clinical content areas as follows:
27.1    (i) six credits in diagnostic assessment for child or adult mental disorders; normative
27.2development; and psychopathology, including developmental psychopathology;
27.3    (ii) three credits in clinical treatment planning, with measurable goals;
27.4    (iii) six credits in clinical intervention methods informed by research evidence and
27.5community standards of practice;
27.6    (iv) three credits in evaluation methodologies regarding the effectiveness of
27.7interventions;
27.8    (v) three credits in professional ethics applied to clinical practice; and
27.9    (vi) three credits in cultural diversity; and
27.10    (6) has demonstrated successful completion of 4,000 hours of supervised,
27.11postmasters degree professional practice in the delivery of clinical services in the
27.12diagnosis and treatment of child and adult mental illnesses and disorders, conducted
27.13according to subdivision 2.
27.14    (b) If coursework in paragraph (a) was not completed as part of the degree program
27.15required by paragraph (a), clause (3), the coursework must be taken and passed for credit,
27.16and must be earned from a counseling program or institution that meets the requirements
27.17of paragraph (a), clause (3).
27.18    Subd. 2. Supervision. (a) To qualify as a LPCC, an applicant must have completed
27.194,000 hours of postmasters degree supervised professional practice in the delivery of
27.20clinical services in the diagnosis and treatment of mental illnesses and disorders in
27.21both children and adults. The supervised practice shall be conducted according to the
27.22requirements in paragraphs (b) to (e).
27.23    (b) The supervision must have been received under a contract that defines clinical
27.24practice and supervision from a mental health professional as defined in section 245.462,
27.25subdivision 18, clauses (1) to (6), or section 245.4871, subdivision 27, clauses (1) to (6),
27.26or by a board-approved supervisor, who has at least two years of postlicensure experience
27.27in the delivery of clinical services in the diagnosis and treatment of mental illnesses and
27.28disorders.
27.29    (c) The supervision must be obtained at the rate of two hours of supervision per 40
27.30hours of professional practice. The supervision must be evenly distributed over the course
27.31of the supervised professional practice. At least 75 percent of the required supervision
27.32hours must be received in person. The remaining 25 percent of the required hours may be
27.33received by telephone or by audio or audiovisual electronic device. At least 50 percent of
27.34the required hours of supervision must be received on an individual basis. The remaining
27.3550 percent may be received in a group setting.
28.1    (d) The supervised practice must include at least 1,800 hours of clinical client
28.2contact.
28.3    (e) The supervised practice must be clinical practice. Supervision includes the
28.4observation by the supervisor of the successful application of professional counseling
28.5knowledge, skills, and values in the differential diagnosis and treatment of psychosocial
28.6function, disability, or impairment, including addictions and emotional, mental, and
28.7behavioral disorders.
28.8    Subd. 3. Conversion from licensed professional counselor to licensed clinical
28.9counselor. (a) Until August 1, 2011, an individual currently licensed in the state of
28.10Minnesota as a licensed professional counselor may convert to a LPCC by providing
28.11evidence satisfactory to the board that the applicant has met the following requirements:
28.12    (1) is at least 18 years of age;
28.13    (2) is of good moral character;
28.14    (3) has a license that is active and in good standing;
28.15    (4) has no complaints pending, uncompleted disciplinary orders, or corrective
28.16action agreements;
28.17    (5) has completed a masters or doctoral degree program in counseling or a related
28.18field, as determined by the board, and whose degree was from a counseling program
28.19recognized by CACREP or from an institution of higher education that is accredited by a
28.20regional accrediting organization recognized by CHEA;
28.21    (6) has earned 24 graduate-level semester credits or quarter-credit equivalents in
28.22clinical coursework which includes content in the following clinical areas:
28.23    (i) diagnostic assessment for child and adult mental disorders; normative
28.24development; and psychopathology, including developmental psychopathology;
28.25    (ii) clinical treatment planning, with measurable goals;
28.26    (iii) clinical intervention methods informed by research evidence and community
28.27standards of practice;
28.28    (iv) evaluation methodologies regarding the effectiveness of interventions;
28.29    (v) professional ethics applied to clinical practice; and
28.30    (vi) cultural diversity;
28.31    (7) has demonstrated, to the satisfaction of the board, successful completion of
28.324,000 hours of supervised, postmasters degree professional practice in the delivery of
28.33clinical services in the diagnosis and treatment of child and adult mental illnesses and
28.34disorders; and
28.35    (8) has paid the LPCC application and licensure fees required in section 148B.53,
28.36subdivision 3.
29.1    (b) If the coursework in paragraph (a) was not completed as part of the degree
29.2program required by paragraph (a), clause (5), the coursework must be taken and passed
29.3for credit, and must be earned from a counseling program or institution that meets the
29.4requirements in paragraph (a), clause (5).
29.5    (c) This subdivision expires August 1, 2011.
29.6    Subd. 4. Conversion to licensed professional clinical counselor after August 1,
29.72011. An individual licensed in the state of Minnesota as a licensed professional counselor
29.8may convert to a LPCC by providing evidence satisfactory to the board that the applicant
29.9has met the requirements of subdivisions 1 and 2, subject to the following:
29.10    (1) the individual's license must be active and in good standing;
29.11    (2) the individual must not have any complaints pending, uncompleted disciplinary
29.12orders, or corrective action agreements; and
29.13    (3) the individual has paid the LPCC application and licensure fees required in
29.14section 148B.53, subdivision 3.
29.15    Subd. 5. Scope of practice. The scope of practice of a LPCC shall include all
29.16those services provided by mental health professionals as defined in section 245.462,
29.17subdivision 18, and section 245.4871, subdivision 27.
29.18    Subd. 6. Jurisdiction. LPCC's are subject to the board's statutes and rules to the
29.19same extent as licensed professional counselors.

29.20    Sec. 42. [148B.532] DEGREES FROM FOREIGN INSTITUTIONS.
29.21    Subdivision 1. Scope and documentation. In addition to meeting all other licensure
29.22requirements, an applicant for licensure whose degree was received from a foreign degree
29.23program that is not recognized by the Council for Accreditation of Counseling and Related
29.24Education Programs (CACREP) or from a foreign institution of higher education that is
29.25not accredited by a regional accrediting organization recognized by the Council for Higher
29.26Education Accreditation (CHEA) must fulfill the requirements of this section, providing
29.27certified English translations of board-required relevant documentation.
29.28    Subd. 2. Education evaluation. An applicant for licensure as a licensed
29.29professional counselor must present evidence of completion of a degree equivalent to
29.30that required in section 148B.53, subdivision 1, paragraphs (a), clause (3); and (b). This
29.31evidence will be evaluated by the board with the assistance of a credentials evaluation
29.32service familiar with educational standards and professional qualification. The evaluation
29.33must be sent directly to the board from the evaluating agency. Agencies providing
29.34evaluation services must be accepted by the National Board for Certified Counselors, Inc.
29.35The applicant shall be responsible for the expenses incurred as a result of the evaluation.

30.1    Sec. 43. Minnesota Statutes 2006, section 148C.12, is amended by adding a
30.2subdivision to read:
30.3    Subd. 12. Sponsor application fee. The fee for sponsor application for approval
30.4of a continuing education course is $60.

30.5    Sec. 44. Minnesota Statutes 2006, section 148C.12, is amended by adding a
30.6subdivision to read:
30.7    Subd. 13. Order or stipulation fee. The fee for a copy of a board order or
30.8stipulation is $10.

30.9    Sec. 45. Minnesota Statutes 2006, section 148C.12, is amended by adding a
30.10subdivision to read:
30.11    Subd. 14. Duplicate certificate fee. The fee for a duplicate certificate is $25.

30.12    Sec. 46. Minnesota Statutes 2006, section 148C.12, is amended by adding a
30.13subdivision to read:
30.14    Subd. 15. Supervisor application processing fee. The fee for licensure supervisor
30.15application processing is $30.

30.16    Sec. 47. Minnesota Statutes 2006, section 148D.050, subdivision 1, is amended to read:
30.17    Subdivision 1. Requirements. The practice of social work A person licensed under
30.18section 148D.055 or 148D.061 must comply with the requirements of subdivision 2,
30.193, 4, or 5.

30.20    Sec. 48. Minnesota Statutes 2006, section 148D.055, subdivision 2, is amended to read:
30.21    Subd. 2. Qualifications for licensure by examination as a licensed social worker.
30.22    (a) Except as provided in paragraph (i), To be licensed as a licensed social worker, an
30.23applicant for licensure by examination must provide evidence satisfactory to the board
30.24that the applicant:
30.25    (1) has received a baccalaureate degree in social work from a program accredited by
30.26the Council on Social Work Education, the Canadian Association of Schools of Social
30.27Work, or a similar accreditation body designated by the board;
30.28    (2) has passed the bachelors or equivalent examination administered by the
30.29Association of Social Work Boards or a similar examination body designated by the board.
30.30Unless an applicant applies for licensure by endorsement pursuant to subdivision 7, an
30.31examination is not valid if it was taken and passed eight or more years prior to submitting
31.1a completed, signed application form provided by the board. The examination may be
31.2taken prior to completing degree requirements;
31.3    (3) has submitted a completed, signed application form provided by the board,
31.4including the applicable application fee specified in section 148D.180. For applications
31.5submitted electronically, a "signed application" means providing an attestation as specified
31.6by the board;
31.7    (4) has submitted the criminal background check fee and a form provided by the
31.8board authorizing a criminal background check pursuant to subdivision 8;
31.9    (5) has paid the applicable license fee specified in section 148D.180; and
31.10    (6) has not engaged in conduct that was or would be in violation of the standards
31.11of practice specified in sections 148D.195 to 148D.240. If the applicant has engaged in
31.12conduct that was or would be in violation of the standards of practice, the board may take
31.13action pursuant to sections 148D.255 to 148D.270.
31.14    (b) An application that is not completed and signed, or that is not accompanied by the
31.15correct fee, must be returned to the applicant, along with any fee submitted, and is void.
31.16    (c) A licensee granted a license by the board pursuant to paragraph (a) must meet
31.17the supervised practice requirements specified in sections 148D.100 to 148D.125. If a
31.18licensee does not meet the supervised practice requirements, the board may take action
31.19pursuant to sections 148D.255 to 148D.270.
31.20    (d) By submitting an application for licensure, an applicant authorizes the board to
31.21investigate any information provided or requested in the application. The board may
31.22request that the applicant provide additional information, verification, or documentation.
31.23    (e) Within one year of the time the board receives an application for licensure, the
31.24applicant must meet all the requirements specified in paragraph (a) and must provide all of
31.25the information requested by the board pursuant to paragraph (d). If within one year the
31.26applicant does not meet all the requirements, or does not provide all of the information
31.27requested, the applicant is considered ineligible and the application for licensure must
31.28be closed.
31.29    (f) Except as provided in paragraph (g), an applicant may not take more than three
31.30times the bachelors or equivalent examination administered by the Association of Social
31.31Work Boards, or a similar examination body designated by the board. An applicant must
31.32receive a passing score on the bachelors or equivalent examination administered by the
31.33Association of Social Work Boards or a similar examination body designated by the board
31.34in no more than 18 months after the date the applicant first failed the examination.
31.35    (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a
31.36fourth or subsequent time, the bachelors or equivalent examination administered by the
32.1Association of Social Work Boards or a similar examination body designated by the
32.2board if the applicant:
32.3    (1) meets all requirements specified in paragraphs (a) to (e) other than passing the
32.4bachelors or equivalent examination administered by the Association of Social Work
32.5Boards or a similar examination body designated by the board;
32.6    (2) provides to the board a description of the efforts the applicant has made to
32.7improve the applicant's score and demonstrates to the board's satisfaction that the efforts
32.8are likely to improve the score; and
32.9    (3) provides to the board letters of recommendation from two licensed social workers
32.10attesting to the applicant's ability to practice social work competently and ethically in
32.11accordance with professional social work knowledge, skills, and values.
32.12    (h) An individual must not practice social work until the individual passes the
32.13examination and receives a social work license under this section or section 148D.060. If
32.14the board has reason to believe that an applicant may be practicing social work without a
32.15license, and the applicant has failed the bachelors or equivalent examination administered
32.16by the Association of Social Work Boards or a similar examination body designated by
32.17the board, the board may notify the applicant's employer that the applicant is not licensed
32.18as a social worker.
32.19    (i) An applicant who was born in a foreign country, who has taken and failed to
32.20pass the examination specified in paragraph (a), clause (2), at least once since January
32.211, 2000, and for whom English is a second language, is eligible for licensure as a social
32.22worker if the applicant:
32.23    (1) provides evidence to the board of compliance with the requirements in paragraph
32.24(a), clauses (1) and (3) to (6), and in paragraphs (b) to (e) and (h); and
32.25    (2) provides to the board letters of recommendation and experience ratings from two
32.26licensed social workers and one professor from the applicant's social work program who
32.27can attest to the applicant's competence.
32.28This paragraph expires August 1, 2007.

32.29    Sec. 49. Minnesota Statutes 2006, section 148D.055, subdivision 3, is amended to read:
32.30    Subd. 3. Qualifications for licensure by examination as licensed graduate
32.31social worker. (a) Except as provided in paragraph (i), To be licensed as a licensed
32.32graduate social worker, an applicant for licensure by examination must provide evidence
32.33satisfactory to the board that the applicant:
33.1    (1) has received a graduate degree in social work from a program accredited by the
33.2Council on Social Work Education, the Canadian Association of Schools of Social Work,
33.3or a similar accreditation body designated by the board;
33.4    (2) has passed the masters or equivalent examination administered by the Association
33.5of Social Work Boards or a similar examination body designated by the board. Unless an
33.6applicant applies for licensure by endorsement pursuant to section 148D.055, subdivision
33.77 , an examination is not valid if it was taken and passed eight or more years prior to
33.8submitting a completed, signed application form provided by the board. The examination
33.9may be taken prior to completing degree requirements;
33.10    (3) has submitted a completed, signed application form provided by the board,
33.11including the applicable application fee specified in section 148D.180. For applications
33.12submitted electronically, a "signed application" means providing an attestation as specified
33.13by the board;
33.14    (4) has submitted the criminal background check fee and a form provided by the
33.15board authorizing a criminal background check pursuant to subdivision 8;
33.16    (5) has paid the applicable license fee specified in section 148D.180; and
33.17    (6) has not engaged in conduct that was or would be in violation of the standards
33.18of practice specified in sections 148D.195 to 148D.240. If the applicant has engaged in
33.19conduct that was or would be in violation of the standards of practice, the board may take
33.20action pursuant to sections 148D.255 to 148D.270.
33.21    (b) An application which is not completed and signed, or which is not accompanied
33.22by the correct fee, must be returned to the applicant, along with any fee submitted, and is
33.23void.
33.24    (c) A licensee granted a license by the board pursuant to paragraph (a) must meet
33.25the supervised practice requirements specified in sections 148D.100 to 148D.125. If a
33.26licensee does not meet the supervised practice requirements, the board may take action
33.27pursuant to sections 148D.255 to 148D.270.
33.28    (d) By submitting an application for licensure, an applicant authorizes the board to
33.29investigate any information provided or requested in the application. The board may
33.30request that the applicant provide additional information, verification, or documentation.
33.31    (e) Within one year of the time the board receives an application for licensure, the
33.32applicant must meet all the requirements specified in paragraph (a) and must provide all of
33.33the information requested by the board pursuant to paragraph (d). If within one year the
33.34applicant does not meet all the requirements, or does not provide all of the information
33.35requested, the applicant is considered ineligible and the application for licensure must
33.36be closed.
34.1    (f) Except as provided in paragraph (g), an applicant may not take more than three
34.2times the masters or equivalent examination administered by the Association of Social
34.3Work Boards or a similar examination body designated by the board. An applicant must
34.4receive a passing score on the masters or equivalent examination administered by the
34.5Association of Social Work Boards or a similar examination body designated by the board
34.6in no more than 18 months after the date the applicant first failed the examination.
34.7    (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a
34.8fourth or subsequent time, the masters or equivalent examination administered by the
34.9Association of Social Work Boards or a similar examination body designated by the
34.10board if the applicant:
34.11    (1) meets all requirements specified in paragraphs (a) to (e) other than passing the
34.12masters or equivalent examination administered by the Association of Social Work boards
34.13or a similar examination body designated by the board;
34.14    (2) provides to the board a description of the efforts the applicant has made to
34.15improve the applicant's score and demonstrates to the board's satisfaction that the efforts
34.16are likely to improve the score; and
34.17    (3) provides to the board letters of recommendation from two licensed social workers
34.18attesting to the applicant's ability to practice social work competently and ethically in
34.19accordance with professional social work knowledge, skills, and values.
34.20    (h) An individual must not practice social work until the individual passes the
34.21examination and receives a social work license under this section or section 148D.060. If
34.22the board has reason to believe that an applicant may be practicing social work without a
34.23license, and the applicant has failed the masters or equivalent examination administered
34.24by the Association of Social Work Boards or a similar examination body designated by
34.25the board, the board may notify the applicant's employer that the applicant is not licensed
34.26as a social worker.
34.27    (i) An applicant who was born in a foreign country, who has taken and failed to
34.28pass the examination specified in paragraph (a), clause (2), at least once since January
34.291, 2000, and for whom English is a second language, is eligible for licensure as a social
34.30worker if the applicant:
34.31    (1) provides evidence to the board of compliance with the requirements in paragraph
34.32(a), clauses (1) and (3) to (6), and in paragraphs (b) to (e) and (h); and
34.33    (2) provides to the board letters of recommendation and experience ratings from two
34.34licensed social workers and one professor from the applicant's social work program who
34.35can attest to the applicant's competence.
34.36This paragraph expires August 1, 2007.

35.1    Sec. 50. Minnesota Statutes 2006, section 148D.055, subdivision 4, is amended to read:
35.2    Subd. 4. Licensure by examination; licensed independent social worker. (a)
35.3Except as provided in paragraph (i), To be licensed as a licensed independent social
35.4worker, an applicant for licensure by examination must provide evidence satisfactory
35.5to the board that the applicant:
35.6    (1) has received a graduate degree in social work from a program accredited by the
35.7Council on Social Work Education, the Canadian Association of Schools of Social Work,
35.8or a similar accreditation body designated by the board;
35.9    (2) has practiced social work as defined in section 148D.010, and has met the
35.10supervised practice requirements specified in sections 148D.100 to 148D.125;
35.11    (3) has passed the advanced generalist or equivalent examination administered by
35.12the Association of Social Work Boards or a similar examination body designated by the
35.13board. Unless an applicant applies for licensure by endorsement pursuant to subdivision
35.147, an examination is not valid if it was taken and passed eight or more years prior to
35.15submitting a completed, signed application form provided by the board;
35.16    (4) has submitted a completed, signed application form provided by the board,
35.17including the applicable application fee specified in section 148D.180. For applications
35.18submitted electronically, a "signed application" means providing an attestation as specified
35.19by the board;
35.20    (5) has submitted the criminal background check fee and a form provided by the
35.21board authorizing a criminal background check pursuant to subdivision 8;
35.22    (6) has paid the applicable license fee specified in section 148D.180; and
35.23    (7) has not engaged in conduct that was or would be in violation of the standards
35.24of practice specified in sections 148D.195 to 148D.240. If the applicant has engaged in
35.25conduct that was or would be in violation of the standards of practice, the board may take
35.26action pursuant to sections 148D.255 to 148D.270.
35.27    (b) An application which is not completed and signed, or which is not accompanied
35.28by the correct fee, must be returned to the applicant, along with any fee submitted, and is
35.29void.
35.30    (c) A licensed independent social worker who practices clinical social work must
35.31meet the supervised practice requirements specified in sections 148D.100 to 148D.125. If
35.32a licensee does not meet the supervised practice requirements, the board may take action
35.33pursuant to sections 148D.255 to 148D.270.
35.34    (d) By submitting an application for licensure, an applicant authorizes the board to
35.35investigate any information provided or requested in the application. The board may
35.36request that the applicant provide additional information, verification, or documentation.
36.1    (e) Within one year of the time the board receives an application for licensure, the
36.2applicant must meet all the requirements specified in paragraph (a) and must provide all of
36.3the information requested by the board pursuant to paragraph (d). If within one year the
36.4applicant does not meet all the requirements, or does not provide all of the information
36.5requested, the applicant is considered ineligible and the application for licensure must
36.6be closed.
36.7    (f) Except as provided in paragraph (g), an applicant may not take more than
36.8three times the advanced generalist or equivalent examination administered by the
36.9Association of Social Work Boards or a similar examination body designated by the
36.10board. An applicant must receive a passing score on the masters or equivalent examination
36.11administered by the Association of Social Work Boards or a similar examination body
36.12designated by the board in no more than 18 months after the first time the applicant failed
36.13the examination.
36.14    (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a
36.15fourth or subsequent time, the advanced generalist or equivalent examination administered
36.16by the Association of Social Work Boards or a similar examination body designated by
36.17the board if the applicant:
36.18    (1) meets all requirements specified in paragraphs (a) to (e) other than passing the
36.19advanced generalist or equivalent examination administered by the Association of Social
36.20Work Boards or a similar examination body designated by the board;
36.21    (2) provides to the board a description of the efforts the applicant has made to
36.22improve the applicant's score and demonstrates to the board's satisfaction that the efforts
36.23are likely to improve the score; and
36.24    (3) provides to the board letters of recommendation from two licensed social workers
36.25attesting to the applicant's ability to practice social work competently and ethically in
36.26accordance with professional social work knowledge, skills, and values.
36.27    (h) An individual must not practice social work until the individual passes the
36.28examination and receives a social work license under this section or section 148D.060. If
36.29the board has reason to believe that an applicant may be practicing social work without a
36.30license, except as provided in section 148D.065, and the applicant has failed the advanced
36.31generalist or equivalent examination administered by the Association of Social Work
36.32Boards or a similar examination body designated by the board, the board may notify the
36.33applicant's employer that the applicant is not licensed as a social worker.
36.34    (i) An applicant who was born in a foreign country, who has taken and failed to
36.35pass the examination specified in paragraph (a), clause (3), at least once since January
37.11, 2000, and for whom English is a second language, is eligible for licensure as a social
37.2worker if the applicant:
37.3    (1) provides evidence to the board of compliance with the requirements in paragraph
37.4(a), clauses (1), (2), and (4) to (7), and in paragraphs (b) to (e) and (h); and
37.5    (2) provides to the board letters of recommendation and experience ratings from two
37.6licensed social workers and one professor from the applicant's social work program who
37.7can attest to the applicant's competence.
37.8This paragraph expires August 1, 2007.

37.9    Sec. 51. Minnesota Statutes 2006, section 148D.055, subdivision 5, is amended to read:
37.10    Subd. 5. Licensure by examination; licensed independent clinical social worker.
37.11    (a) Except as provided in paragraph (h), To be licensed as a licensed independent
37.12clinical social worker, an applicant for licensure by examination must provide evidence
37.13satisfactory to the board that the applicant:
37.14    (1) has received a graduate degree in social work from a program accredited by the
37.15Council on Social Work Education, the Canadian Association of Schools of Social Work,
37.16or a similar accreditation body designated by the board;
37.17    (2) has practiced clinical social work as defined in section 148D.010, including both
37.18diagnosis and treatment, and has met the supervised practice requirements specified in
37.19sections 148D.100 to 148D.125;
37.20    (3) has passed the clinical or equivalent examination administered by the Association
37.21of Social Work Boards or a similar examination body designated by the board. Unless an
37.22applicant applies for licensure by endorsement pursuant to subdivision 7, an examination
37.23is not valid if it was taken and passed eight or more years prior to submitting a completed,
37.24signed application form provided by the board;
37.25    (4) has submitted a completed, signed application form provided by the board,
37.26including the applicable application fee specified in section 148D.180. For applications
37.27submitted electronically, a "signed application" means providing an attestation as specified
37.28by the board;
37.29    (5) has submitted the criminal background check fee and a form provided by the
37.30board authorizing a criminal background check pursuant to subdivision 8;
37.31    (6) has paid the license fee specified in section 148D.180; and
37.32    (7) has not engaged in conduct that was or would be in violation of the standards
37.33of practice specified in sections 148D.195 to 148D.240. If the applicant has engaged in
37.34conduct that was or would be in violation of the standards of practice, the board may take
37.35action pursuant to sections 148D.255 to 148D.270.
38.1    (b) An application which is not completed and signed, or which is not accompanied
38.2by the correct fee, must be returned to the applicant, along with any fee submitted, and is
38.3void.
38.4    (c) By submitting an application for licensure, an applicant authorizes the board to
38.5investigate any information provided or requested in the application. The board may
38.6request that the applicant provide additional information, verification, or documentation.
38.7    (d) Within one year of the time the board receives an application for licensure, the
38.8applicant must meet all the requirements specified in paragraph (a) and must provide all of
38.9the information requested by the board pursuant to paragraph (c). If within one year the
38.10applicant does not meet all the requirements, or does not provide all of the information
38.11requested, the applicant is considered ineligible and the application for licensure must
38.12be closed.
38.13    (e) Except as provided in paragraph (f), an applicant may not take more than three
38.14times the clinical or equivalent examination administered by the Association of Social
38.15Work Boards or a similar examination body designated by the board. An applicant must
38.16receive a passing score on the clinical or equivalent examination administered by the
38.17Association of Social Work Boards or a similar examination body designated by the board
38.18no later than 18 months after the first time the applicant failed the examination.
38.19    (f) Notwithstanding paragraph (e), the board may allow an applicant to take, for a
38.20fourth or subsequent time, the clinical or equivalent examination administered by the
38.21Association of Social Work Boards or a similar examination body designated by the
38.22board if the applicant:
38.23    (1) meets all requirements specified in paragraphs (a) to (d) other than passing the
38.24clinical or equivalent examination administered by the Association of Social Work Boards
38.25or a similar examination body designated by the board;
38.26    (2) provides to the board a description of the efforts the applicant has made to
38.27improve the applicant's score and demonstrates to the board's satisfaction that the efforts
38.28are likely to improve the score; and
38.29    (3) provides to the board letters of recommendation from two licensed social workers
38.30attesting to the applicant's ability to practice social work competently and ethically in
38.31accordance with professional social work knowledge, skills, and values.
38.32    (g) An individual must not practice social work until the individual passes the
38.33examination and receives a social work license under this section or section 148D.060. If
38.34the board has reason to believe that an applicant may be practicing social work without a
38.35license, and the applicant has failed the clinical or equivalent examination administered
38.36by the Association of Social Work Boards or a similar examination body designated by
39.1the board, the board may notify the applicant's employer that the applicant is not licensed
39.2as a social worker.
39.3    (h) An applicant who was born in a foreign country, who has taken and failed to
39.4pass the examination specified in paragraph (a), clause (3), at least once since January
39.51, 2000, and for whom English is a second language, is eligible for licensure as a social
39.6worker if the applicant:
39.7    (1) provides evidence to the board of compliance with the requirements in paragraph
39.8(a), clauses (1), (2), and (4) to (7), and paragraphs (b) to (d) and (g); and
39.9    (2) provides to the board letters of recommendation and experience ratings from two
39.10licensed social workers and one professor from the applicant's social work program who
39.11can attest to the applicant's competence.
39.12This paragraph expires August 1, 2007.

39.13    Sec. 52. Minnesota Statutes 2006, section 148D.055, is amended by adding a
39.14subdivision to read:
39.15    Subd. 7a. Provisional licensure. An applicant for provisional licensure must meet
39.16the license requirements in subdivisions 2 to 8, except the applicant does not have to
39.17pass an examination administered by the Association of Social Work Boards or a similar
39.18examination body designated by the board.

39.19    Sec. 53. Minnesota Statutes 2006, section 148D.060, is amended by adding a
39.20subdivision to read:
39.21    Subd. 2a. Programs in candidacy status. The board may issue a temporary
39.22license to practice social work to an applicant who has completed the requirements for a
39.23baccalaureate or graduate degree in social work from a program in candidacy status with
39.24the Council on Social Work Education, the Canadian Association of Schools of Social
39.25Work, or a similar accreditation body designated by the board, and has:
39.26    (1) applied for a license under section 148D.055;
39.27    (2) applied for a temporary license on a form provided by the board;
39.28    (3) submitted a form provided by the board authorizing the board to complete a
39.29criminal background check;
39.30    (4) passed the applicable licensure examination provided for in section 148D.055;
39.31and
39.32    (5) not engaged in conduct that is in violation of the standards of practice specified
39.33in sections 148D.195 to 148D.240. If the applicant has engaged in conduct that is in
40.1violation of the standards of practice, the board may take action according to sections
40.2148D.255 to 148D.270.

40.3    Sec. 54. Minnesota Statutes 2006, section 148D.060, subdivision 5, is amended to read:
40.4    Subd. 5. Temporary license term. (a) A temporary license is valid until expiration,
40.5or until the board issues or denies the license pursuant to section 148D.055, or until the
40.6board revokes the temporary license, whichever comes first. A temporary license is
40.7nonrenewable.
40.8    (b) A temporary license issued pursuant to subdivision 1 or 2 expires after six
40.9months.
40.10    (c) A temporary license issued pursuant to subdivision 2a expires after 12 months
40.11but may be extended at the board's discretion upon a showing that the social work program
40.12remains in good standing with the Council on Social Work Education, the Canadian
40.13Association of Schools of Social Work, or a similar accreditation body designated by
40.14the board. If the board receives notice from the Council on Social Work Education,
40.15the Canadian Association of Schools of Social Work, or a similar accreditation body
40.16designated by the board that the social work program is not in good standing, or that
40.17the accreditation will not be granted to the social work program, the temporary license
40.18is immediately revoked.
40.19    (c) (d) A temporary license issued pursuant to subdivision 3 2a expires after 12
40.20months.

40.21    Sec. 55. Minnesota Statutes 2006, section 148D.060, subdivision 6, is amended to read:
40.22    Subd. 6. Licensee with temporary license; baccalaureate degree. A licensee
40.23with a temporary license who has provided evidence to the board that the licensee has
40.24completed the requirements for a baccalaureate degree in social work from a program
40.25accredited by, or in candidacy status with, the Council on Social Work Education,
40.26the Canadian Association of Schools of Social Work, or a similar accreditation body
40.27designated by the board may temporarily engage in social work practice except that a
40.28licensee with a temporary license may not engage in clinical social work practice.

40.29    Sec. 56. Minnesota Statutes 2006, section 148D.060, subdivision 7, is amended to read:
40.30    Subd. 7. Licensee with temporary license; graduate degree. A licensee with a
40.31temporary license who has provided evidence to the board that the licensee has completed
40.32the requirements for a graduate degree in social work from a program accredited by, or in
40.33candidacy status with, the Council on Social Work Education, the Canadian Association
41.1of Schools of Social Work, or a similar accreditation body designated by the board may
41.2temporarily engage in social work practice, including clinical practice.

41.3    Sec. 57. Minnesota Statutes 2006, section 148D.060, subdivision 13, is amended to
41.4read:
41.5    Subd. 13. Revocation of temporary license. The board may immediately revoke
41.6the temporary license of any licensee who violates any requirements of this section. The
41.7revocation must be made for cause, without notice or opportunity to be heard. A licensee
41.8whose temporary license is revoked must immediately return the temporary license to
41.9the board.

41.10    Sec. 58. [148D.061] PROVISIONAL LICENSES.
41.11    Subdivision 1. Requirements for a provisional license. An applicant may be
41.12issued a provisional license if the applicant:
41.13    (1) was born in a foreign country;
41.14    (2) communicates in English as a second language;
41.15    (3) has failed the Association of Social Work Boards examination a second time in
41.16no more than 12 months after the date the applicant first failed the examination;
41.17    (4) has met all other requirements for licensure; and
41.18    (5) complies with the requirements of subdivisions 2 to 7.
41.19    Subd. 2. License term. (a) A provisional license is valid until expiration, or until
41.20the board issues or denies a license under section 148D.055, or until the board revokes the
41.21provisional license, whichever occurs first.
41.22    (b) A provisional license expires three years after the effective date of the license.
41.23    Subd. 3. Scope of practice. A licensee who is issued a provisional license must
41.24comply with the requirements of section 148D.050.
41.25    Subd. 4. Fee. A licensee who is issued a provisional license must pay the
41.26appropriate license fee specified in section 148D.180.
41.27    Subd. 5. Supervised practice requirements. A licensee who is issued a provisional
41.28license must document supervised practice as provided in section 148D.062. If a licensee
41.29issued a provisional license is granted a license under section 148D.055, the licensee
41.30must also meet the supervised practice requirements in sections 148D.100 to 148D.115.
41.31The supervised practice completed under a provisional license does not apply to this
41.32requirement.
41.33    Subd. 6. Evaluation by supervisor. (a) After being issued a provisional license
41.34under subdivision 1, the licensee must submit an evaluation by the licensee's supervisor
42.1every six months during the first 2,000 hours of social work practice. The evaluation must
42.2meet the requirements in section 148D.063. The supervisor must meet the eligibility
42.3requirements specified in section 148D.062.
42.4    (b) After completion of 2,000 hours of supervised social work practice, the licensee's
42.5supervisor must submit a final evaluation and attest to the applicant's ability to engage in
42.6the practice of social work safely and competently.
42.7    Subd. 7. Completion of requirements. Upon completion of the requirements for
42.8a provisional license under subdivisions 1 to 6, an applicant shall not practice social
42.9work in Minnesota except as provided in section 148D.065, unless licensed according to
42.10section 148D.055.
42.11    Subd. 8. Disciplinary or other action. The board may take action according to
42.12sections 148D.260 to 148D.270 if:
42.13    (1) the licensee's supervisor does not submit an evaluation as required by section
42.14148D.062;
42.15    (2) an evaluation submitted according to section 148D.062 indicates that the licensee
42.16cannot practice social work competently and safely; or
42.17    (3) the licensee does not comply with the requirements of subdivisions 1 to 7.
42.18    Subd. 9. Revocation of provisional license. The board may immediately revoke
42.19the provisional license of a licensee who violates any requirements of this section. The
42.20revocation must be made for cause. A licensee whose provisional license is revoked must
42.21immediately return the provisional license to the board.

42.22    Sec. 59. [148D.062] PROVISIONAL LICENSE; SUPERVISED PRACTICE.
42.23    Subdivision 1. Supervision required after licensure. After receiving a provisional
42.24license from the board, the licensee must obtain at least 37.5 hours of supervision
42.25according to the requirements of this section.
42.26    Subd. 2. Practice requirements. The supervision required by subdivision 1 must
42.27be obtained during the first 2,000 hours of social work practice after the effective date
42.28of the provisional license. At least three hours of supervision must be obtained during
42.29every 160 hours of practice.
42.30    Subd. 3. Types of supervision. (a) Twenty-five hours of supervision required by
42.31subdivision 1 must consist of one-on-one in-person supervision.
42.32    (b) Twelve and one-half hours of supervision must consist of one or more of the
42.33following types of supervision:
42.34    (1) in-person one-on-one supervision; or
42.35    (2) in-person group supervision.
43.1    (c) To qualify as in-person group supervision, the group must not exceed seven
43.2members including the supervisor.
43.3    Subd. 4. Supervisor requirements. (a) The supervision required by subdivision
43.41 must be provided by a supervisor who meets the requirements in section 148D.120
43.5and has either:
43.6    (1) 5,000 hours experience engaged in authorized social work practice; or
43.7    (2) completed 30 hours of training in supervision, which may be satisfied by
43.8completing academic coursework in supervision or continuing education courses in
43.9supervision as defined in section 148D.010, subdivision 16.
43.10    (b) Supervision must be provided:
43.11    (1) if the supervisee is not engaged in clinical practice and the supervisee has a
43.12provisional license to practice as a licensed social worker, by a licenced social worker
43.13who has completed the supervised practice requirements;
43.14    (2) if the supervisee is not engaged in clinical practice and the supervisee has a
43.15provisional license to practice as a licensed graduate social worker, licensed independent
43.16social worker, or licensed independent clinical social worker, by:
43.17    (i) a licensed graduate social worker who has completed the supervised practice
43.18requirements;
43.19    (ii) a licensed independent social worker; or
43.20    (iii) a licensed independent clinical social worker;
43.21    (3) if the supervisee is engaged in clinical practice and the supervisee has a
43.22provisional license to practice as a licensed graduate social worker, licensed independent
43.23social worker, or licensed independent clinical social worker, by a licensed independent
43.24clinical social worker; or
43.25    (4) by a supervisor who meets the requirements in section 148D.120, subdivision 2.
43.26    Subd. 5. Expiration. This section expires August 1, 2011.

43.27    Sec. 60. [148D.063] PROVISIONAL LICENSE; DOCUMENTATION OF
43.28SUPERVISION.
43.29    Subdivision 1. Supervision plan. (a) An applicant granted a provisional license
43.30must submit, on a form provided by the board, a supervision plan for meeting the
43.31supervision requirements in section 148D.062.
43.32    (b) The supervision plan must be submitted no later than 30 days after the licensee
43.33begins a social work practice position.
43.34    (c) The board may revoke a licensee's provisional license for failure to submit the
43.35supervision plan within 30 days after beginning a social work practice position.
44.1    (d) The supervision plan must include the following:
44.2    (1) the name of the supervisee, the name of the agency in which the supervisee is
44.3being supervised, and the supervisee's position title;
44.4    (2) the name and qualifications of the person providing the supervision;
44.5    (3) the number of hours of one-on-one in-person supervision and the number and
44.6type of additional hours of supervision to be completed by the supervisee;
44.7    (4) the supervisee's position description;
44.8    (5) a brief description of the supervision the supervisee will receive in the following
44.9content areas:
44.10    (i) clinical practice, if applicable;
44.11    (ii) development of professional social work knowledge, skills, and values;
44.12    (iii) practice methods;
44.13    (iv) authorized scope of practice;
44.14    (v) ensuring continuing competence; and
44.15    (vi) ethical standards of practice; and
44.16    (6) if applicable, a detailed description of the supervisee's clinical social work
44.17practice, addressing:
44.18    (i) the client population, the range of presenting issues, and the diagnoses;
44.19    (ii) the clinical modalities that were utilized; and
44.20    (iii) the process utilized for determining clinical diagnoses, including the diagnostic
44.21instruments used and the role of the supervisee in the diagnostic process.
44.22    (e) The board must receive a revised supervision plan within 30 days of any of the
44.23following changes:
44.24    (1) the supervisee has a new supervisor;
44.25    (2) the supervisee begins a new social work position;
44.26    (3) the scope or content of the supervisee's social work practice changes substantially;
44.27    (4) the number of practice or supervision hours changes substantially; or
44.28    (5) the type of supervision changes as supervision is described in section 148D.062.
44.29    (f) The board may revoke a licensee's provisional license for failure to submit a
44.30revised supervision plan as required in paragraph (e).
44.31    (g) The board must approve the supervisor and the supervision plan.
44.32    Subd. 2. Evaluation. (a) When a supervisee submits an evaluation to the board
44.33according to section 148D.061, subdivision 6, the supervisee and supervisor must provide
44.34the following information on a form provided by the board:
44.35    (1) the name of the supervisee, the name of the agency in which the supervisee is
44.36being supervised, and the supervisee's position title;
45.1    (2) the name and qualifications of the supervisor;
45.2    (3) the number of hours and dates of each type of supervision completed;
45.3    (4) the supervisee's position description;
45.4    (5) a declaration that the supervisee has not engaged in conduct in violation of the
45.5standards of practice in sections 148D.195 to 148D.240;
45.6    (6) a declaration that the supervisee has practiced competently and ethically
45.7according to professional social work knowledge, skills, and values; and
45.8    (7) on a form provided by the board, an evaluation of the licensee's practice in
45.9the following areas:
45.10    (i) development of professional social work knowledge, skills, and values;
45.11    (ii) practice methods;
45.12    (iii) authorized scope of practice;
45.13    (iv) ensuring continuing competence;
45.14    (v) ethical standards of practice; and
45.15    (vi) clinical practice, if applicable.
45.16    (b) The information provided on the evaluation form must demonstrate that the
45.17supervisee has met or has made progress on meeting the applicable supervised practice
45.18requirements.
45.19    Subd. 3. Alternative verification of supervised practice. Notwithstanding the
45.20requirements of subdivision 2, the board may accept alternative verification of supervised
45.21practice if a supervisee demonstrates that the supervisee is unable to locate a former
45.22supervisor to provide the required information.

45.23    Sec. 61. Minnesota Statutes 2006, section 148D.120, subdivision 2, is amended to read:
45.24    Subd. 2. Alternate supervisors. (a) The board may approve an alternate supervisor
45.25if:
45.26    (1) the board determines that supervision is not obtainable pursuant to paragraph (b);
45.27    (2) the licensee requests in the supervision plan submitted pursuant to section
45.28148D.062, subdivision 1, or 148D.125, subdivision 1, that an alternate supervisor conduct
45.29the supervision;
45.30    (3) the licensee describes the proposed supervision and the name and qualifications
45.31of the proposed alternate supervisor; and
45.32    (4) the requirements of paragraph (d) are met.
45.33    (b) The board may determine that supervision is not obtainable if:
45.34    (1) the licensee provides documentation as an attachment to the supervision plan
45.35submitted pursuant to section 148D.062, subdivision 1, or 148D.125, subdivision 1, that
46.1the licensee has conducted a thorough search for a supervisor meeting the applicable
46.2licensure requirements specified in sections 148D.100 to 148D.115;
46.3    (2) the licensee demonstrates to the board's satisfaction that the search was
46.4unsuccessful; and
46.5    (3) the licensee describes the extent of the search and the names and locations of
46.6the persons and organizations contacted.
46.7    (c) The following are not grounds for a determination that supervision is
46.8unobtainable:
46.9    (1) obtaining a supervisor who meets the requirements of subdivision 1 would
46.10present the licensee with a financial hardship;
46.11    (2) the licensee is unable to obtain a supervisor who meets the requirements of
46.12subdivision 1 within the licensee's agency or organization and the agency or organization
46.13will not allow outside supervision; or
46.14    (3) the specialized nature of the licensee's practice requires supervision from a
46.15practitioner other than an individual licensed as a social worker.
46.16    (d) An alternate supervisor must:
46.17    (1) be an unlicensed social worker who is employed in, and provides the supervision
46.18in, a setting exempt from licensure by section 148D.065, and who has qualifications
46.19equivalent to the applicable requirements specified in sections 148D.100 to 148D.115; or
46.20    (2) be a licensed marriage and family therapist or a mental health professional
46.21as established by section 245.462, subdivision 18, or 245.4871, subdivision 27, or an
46.22equivalent mental health professional, as determined by the board, who is licensed or
46.23credentialed by a state, territorial, provincial, or foreign licensing agency.
46.24    In order to qualify to provide clinical supervision of a licensed graduate social
46.25worker or licensed independent social worker engaged in clinical practice, the alternate
46.26supervisor must be a mental health professional as established by section 245.462,
46.27subdivision 18 , or 245.4871, subdivision 27, or an equivalent mental health professional,
46.28as determined by the board, who is licensed or credentialed by a state, territorial,
46.29provincial, or foreign licensing agency.

46.30    Sec. 62. Minnesota Statutes 2006, section 148D.125, subdivision 1, is amended to read:
46.31    Subdivision 1. Supervision plan. (a) A social worker must submit, on a form
46.32provided by the board, a supervision plan for meeting the supervision requirements
46.33specified in sections 148D.100 to 148D.120.
46.34    (b) The supervision plan must be submitted no later than 90 days after the licensee
46.35begins a social work practice position after becoming licensed.
47.1    (c) For failure to submit the supervision plan within 90 days after beginning a social
47.2work practice position, a licensee must pay the supervision plan late fee specified in
47.3section 148D.180 when the licensee applies for license renewal.
47.4    (d) A license renewal application submitted pursuant to paragraph (a) section
47.5148D.070, subdivision 3, must not be approved unless the board has received a supervision
47.6plan.
47.7    (e) The supervision plan must include the following:
47.8    (1) the name of the supervisee, the name of the agency in which the supervisee is
47.9being supervised, and the supervisee's position title;
47.10    (2) the name and qualifications of the person providing the supervision;
47.11    (3) the number of hours of one-on-one in-person supervision and the number and
47.12type of additional hours of supervision to be completed by the supervisee;
47.13    (4) the supervisee's position description;
47.14    (5) a brief description of the supervision the supervisee will receive in the following
47.15content areas:
47.16    (i) clinical practice, if applicable;
47.17    (ii) development of professional social work knowledge, skills, and values;
47.18    (iii) practice methods;
47.19    (iv) authorized scope of practice;
47.20    (v) ensuring continuing competence; and
47.21    (vi) ethical standards of practice; and
47.22    (6) if applicable, a detailed description of the supervisee's clinical social work
47.23practice, addressing:
47.24    (i) the client population, the range of presenting issues, and the diagnoses;
47.25    (ii) the clinical modalities that were utilized; and
47.26    (iii) the process utilized for determining clinical diagnoses, including the diagnostic
47.27instruments used and the role of the supervisee in the diagnostic process. An applicant for
47.28licensure as a licensed professional clinical counselor must present evidence of completion
47.29of a degree equivalent to that required in section 148B.5301, subdivision 1, clause (3).
47.30    (f) The board must receive a revised supervision plan within 90 days of any of the
47.31following changes:
47.32    (1) the supervisee has a new supervisor;
47.33    (2) the supervisee begins a new social work position;
47.34    (3) the scope or content of the supervisee's social work practice changes substantially;
47.35    (4) the number of practice or supervision hours changes substantially; or
48.1    (5) the type of supervision changes as supervision is described in section 148D.100,
48.2subdivision 3 , or 148D.105, subdivision 3, or as required in section 148D.115, subdivision
48.34 .
48.4    (g) For failure to submit a revised supervision plan as required in paragraph (f), a
48.5supervisee must pay the supervision plan late fee specified in section 148D.180, when
48.6the supervisee applies for license renewal.
48.7    (h) The board must approve the supervisor and the supervision plan.

48.8    Sec. 63. [148E.001] CITATION.
48.9    This chapter may be cited as the "Minnesota Board of Social Work Practice Act."

48.10    Sec. 64. [148E.010] DEFINITIONS.
48.11    Subdivision 1. Scope. For the purpose of this chapter, the terms in this section
48.12have the meanings given.
48.13    Subd. 2. Applicant. "Applicant" means a person who submits an application to
48.14the board for a new license, a license renewal, a change in license, an inactive license,
48.15reactivation of a license, or a voluntary termination.
48.16    Subd. 3. Application. "Application" means an application to the board for a new
48.17license, a license renewal, a change in license, an inactive license, reactivation of a
48.18license, or voluntary termination.
48.19    Subd. 4. Board. "Board" means the Board of Social Work created under section
48.20148E.025.
48.21    Subd. 5. Client. "Client" means an individual, couple, family, group, community, or
48.22organization that receives or has received social work services as described in subdivision
48.2311.
48.24    Subd. 6. Clinical practice. "Clinical practice" means applying professional
48.25social work knowledge, skills, and values in the differential diagnosis and treatment of
48.26psychosocial function, disability, or impairment, including addictions and emotional,
48.27mental, and behavioral disorders. Treatment includes a plan based on a differential
48.28diagnosis. Treatment may include, but is not limited to, the provision of psychotherapy to
48.29individuals, couples, families, and groups across the life span. Clinical social workers
48.30may also provide the services described in subdivision 11.
48.31    Subd. 7. Clinical supervision. "Clinical supervision" means supervision as defined
48.32in subdivision 18 of a social worker engaged in clinical practice as defined in subdivision 6.
48.33    Subd. 8. Graduate degree. "Graduate degree" means a master's degree in social
48.34work from a program accredited by the Council on Social Work Education, the Canadian
49.1Association of Schools of Social Work, or a similar accreditation body designated by the
49.2board; or a doctorate in social work from an accredited university.
49.3    Subd. 9. Intern. "Intern" means a student in field placement working under the
49.4supervision or direction of a social worker.
49.5    Subd. 10. Person-in-environment perspective. "Person-in-environment
49.6perspective" means viewing human behavior, development, and function in the context
49.7of one or more of the following: the environment, social functioning, mental health,
49.8and physical health.
49.9    Subd. 11. Practice of social work. "Practice of social work" means working
49.10to maintain, restore, or improve behavioral, cognitive, emotional, mental, or social
49.11functioning of clients, in a manner that applies accepted professional social work
49.12knowledge, skills, and values, including the person-in-environment perspective, by
49.13providing in person or through telephone, video conferencing, or electronic means one or
49.14more of the social work services described in clauses (1) to (3). Social work services may
49.15address conditions that impair or limit behavioral, cognitive, emotional, mental, or social
49.16functioning. Such conditions include, but are not limited to, the following: abuse and
49.17neglect of children or vulnerable adults, addictions, developmental disorders, disabilities,
49.18discrimination, illness, injuries, poverty, and trauma. Social work services include:
49.19    (1) providing assessment and intervention through direct contact with clients,
49.20developing a plan based on information from an assessment, and providing services which
49.21include, but are not limited to, assessment, case management, client-centered advocacy,
49.22client education, consultation, counseling, crisis intervention, and referral;
49.23    (2) providing for the direct or indirect benefit of clients through administrative,
49.24educational, policy, or research services including, but not limited to:
49.25    (i) advocating for policies, programs, or services to improve the well-being of clients;
49.26    (ii) conducting research related to social work services;
49.27    (iii) developing and administering programs which provide social work services;
49.28    (iv) engaging in community organization to address social problems through
49.29planned collective action;
49.30    (v) supervising individuals who provide social work services to clients;
49.31    (vi) supervising social workers in order to comply with the supervised practice
49.32requirements specified in sections 148E.100 to 148E.125; and
49.33    (vii) teaching professional social work knowledge, skills, and values to students; and
49.34    (3) engaging in clinical practice.
49.35    Subd. 12. Professional name. "Professional name" means the name a licensed
49.36social worker uses in making representations of the social worker's professional status
50.1to the public and which has been designated to the board in writing according to section
50.2148E.090.
50.3    Subd. 13. Professional social work knowledge, skills, and values. "Professional
50.4social work knowledge, skills, and values" means the knowledge, skills, and values
50.5taught in programs accredited by the Council on Social Work Education, the Canadian
50.6Association of Schools of Social Work, or a similar accreditation body designated by
50.7the board; or a doctorate in social work from an accredited university. Professional
50.8social work knowledge, skills, and values include, but are not limited to, principles of
50.9person-in-environment and the values, principles, and standards described in the Code
50.10of Ethics of the National Association of Social Workers.
50.11    Subd. 14. Sexual conduct. "Sexual conduct" means any physical contact or
50.12conduct that may be reasonably interpreted as sexual, or any oral, written, electronic, or
50.13other communication that suggests engaging in physical contact or conduct that may be
50.14reasonably interpreted as sexual.
50.15    Subd. 15. Social worker. "Social worker" means an individual who:
50.16    (1) is licensed as a social worker; or
50.17    (2) has obtained a social work degree from a program accredited by the Council on
50.18Social Work Education, the Canadian Association of Schools of Social Work, or a similar
50.19accreditation body designated by the board and engages in the practice of social work.
50.20    Subd. 16. Student. "Student" means an individual who is taught professional
50.21social work knowledge, skills, and values in a program that has been accredited by the
50.22Council on Social Work Education, the Canadian Association of Schools of Social Work,
50.23or a similar accreditation body designated by the board.
50.24    Subd. 17. Supervisee. "Supervisee" means an individual provided evaluation and
50.25supervision or direction by a social worker.
50.26    Subd. 18. Supervision. "Supervision" means a professional relationship between a
50.27supervisor and a social worker in which the supervisor provides evaluation and direction
50.28of the services provided by the social worker to promote competent and ethical services
50.29to clients through the continuing development of the social worker's knowledge and
50.30application of accepted professional social work knowledge, skills, and values.

50.31    Sec. 65. [148E.015] SCOPE.
50.32    This chapter applies to all applicants and licensees, all persons who use the title social
50.33worker, and all persons in or out of this state who provide social work services to clients
50.34who reside in this state unless there are specific applicable exemptions provided by law.

51.1    Sec. 66. [148E.020] CHAPTER 214.
51.2    Chapter 214 applies to the Board of Social Work unless superseded by this chapter.

51.3    Sec. 67. [148E.025] BOARD OF SOCIAL WORK.
51.4    Subdivision 1. Creation. The Board of Social Work consists of 15 members
51.5appointed by the governor. The members are:
51.6    (1) ten social workers licensed according to section 148E.055; and
51.7    (2) five public members as defined in section 214.02.
51.8    Subd. 2. Qualifications of board members. (a) All social worker members must
51.9have engaged in the practice of social work in Minnesota for at least one year during
51.10the ten years preceding their appointments.
51.11    (b) Five social worker members must be licensed social workers. The other five
51.12members must be a licensed graduate social worker, a licensed independent social worker,
51.13or a licensed independent clinical social worker.
51.14    (c) Eight social worker members must be engaged at the time of their appointment in
51.15the practice of social work in Minnesota in the following settings:
51.16    (1) one member must be engaged in the practice of social work in a county agency;
51.17    (2) one member must be engaged in the practice of social work in a state agency;
51.18    (3) one member must be engaged in the practice of social work in an elementary,
51.19middle, or secondary school;
51.20    (4) one member must be employed in a hospital or nursing home licensed under
51.21chapter 144 or 144A;
51.22    (5) two members must be engaged in the practice of social work in a private agency;
51.23    (6) one member must be engaged in the practice of social work in a clinical social
51.24work setting; and
51.25    (7) one member must be an educator engaged in regular teaching duties at a
51.26program of social work accredited by the Council on Social Work Education or a similar
51.27accreditation body designated by the board.
51.28    (d) At the time of their appointments, at least six members must reside outside of the
51.29seven-county metropolitan area.
51.30    (e) At the time of their appointments, at least five members must be persons with
51.31expertise in communities of color.
51.32    Subd. 3. Officers. The board must annually elect from its membership a chair,
51.33vice-chair, and secretary-treasurer.
51.34    Subd. 4. Bylaws. The board must adopt bylaws to govern its proceedings.
52.1    Subd. 5. Executive director. The board must appoint and employ an executive
52.2director who is not a member of the board. The employment of the executive director shall
52.3be subject to the terms described in section 214.04, subdivision 2a.

52.4    Sec. 68. [148E.030] DUTIES OF THE BOARD.
52.5    Subdivision 1. Duties. The board must perform the duties necessary to promote
52.6and protect the public health, safety, and welfare through the licensure and regulation of
52.7persons who practice social work in this state. These duties include, but are not limited to:
52.8    (1) establishing the qualifications and procedures for individuals to be licensed
52.9as social workers;
52.10    (2) establishing standards of practice for social workers;
52.11    (3) holding examinations or contracting with the Association of Social Work Boards
52.12or a similar examination body designated by the board to hold examinations to assess
52.13applicants' qualifications;
52.14    (4) issuing licenses to qualified individuals according to sections 148E.055 and
52.15148E.060;
52.16    (5) taking disciplinary, adversarial, corrective, or other action according to sections
52.17148E.255 to 148E.270 when an individual violates the requirements of this chapter;
52.18    (6) assessing fees according to sections 148E.175 and 148E.180; and
52.19    (7) educating social workers and the public on the requirements of the board.
52.20    Subd. 2. Rules. The board may adopt and enforce rules to carry out the duties
52.21specified in subdivision 1.

52.22    Sec. 69. [148E.035] VARIANCES.
52.23    If the effect of a requirement according to this chapter is unreasonable, impossible to
52.24execute, absurd, or would impose an extreme hardship on a licensee, the board may grant
52.25a variance if the variance is consistent with promoting and protecting the public health,
52.26safety, and welfare. A variance must not be granted for core licensing standards such as
52.27substantive educational and examination requirements.

52.28    Sec. 70. [148E.040] IMMUNITY.
52.29    Board members, board employees, and persons engaged on behalf of the board are
52.30immune from civil liability for any actions, transactions, or publications in the lawful
52.31execution of or relating to their duties under this chapter.

52.32    Sec. 71. [148E.045] CONTESTED CASE HEARING.
53.1    An applicant or a licensee who is the subject of a disciplinary or adversarial action
53.2by the board according to this chapter may request a contested case hearing under sections
53.314.57 to 14.62. An applicant or a licensee who desires to request a contested case hearing
53.4must submit a written request to the board within 90 days after the date on which the board
53.5mailed the notification of the adverse action, except as otherwise provided in this chapter.

53.6    Sec. 72. [148E.050] LICENSING; SCOPE OF PRACTICE.
53.7    Subdivision 1. Requirements. The practice of social work must comply with the
53.8requirements of subdivision 2, 3, 4, or 5.
53.9    Subd. 2. Licensed social worker. A licensed social worker may engage in social
53.10work practice except that a licensed social worker must not engage in clinical practice.
53.11    Subd. 3. Licensed graduate social worker. A licensed graduate social worker may
53.12engage in social work practice except that a licensed graduate social worker must not
53.13engage in clinical practice except under the supervision of a licensed independent clinical
53.14social worker or an alternate supervisor according to section 148E.120.
53.15    Subd. 4. Licensed independent social worker. A licensed independent social
53.16worker may engage in social work practice except that a licensed independent social
53.17worker must not engage in clinical practice except under the supervision of a licensed
53.18independent clinical social worker or an alternate supervisor according to section
53.19148E.120.
53.20    Subd. 5. Licensed independent clinical social worker. A licensed independent
53.21clinical social worker may engage in social work practice, including clinical practice.

53.22    Sec. 73. [148E.055] LICENSE REQUIREMENTS.
53.23    Subdivision 1. License required. (a) In order to practice social work, an individual
53.24must have a social work license under this section or section 148E.060, except when the
53.25individual is exempt from licensure according to section 148E.065.
53.26    (b) Individuals who teach professional social work knowledge, skills, and values to
53.27students and who have a social work degree from a program accredited by the Council
53.28on Social Work Education, the Canadian Association of Schools of Social Work, or a
53.29similar accreditation body designated by the board must have a social work license under
53.30this section or section 148E.060, except when the individual is exempt from licensure
53.31according to section 148E.065.
53.32    Subd. 2. Qualifications for licensure by examination as a licensed social worker.
53.33    (a) To be licensed as a licensed social worker, an applicant for licensure by examination
53.34must provide evidence satisfactory to the board that the applicant:
54.1    (1) has received a baccalaureate degree in social work from a program accredited by
54.2the Council on Social Work Education, the Canadian Association of Schools of Social
54.3Work, or a similar accreditation body designated by the board, or a doctorate in social
54.4work from an accredited university;
54.5    (2) has passed the bachelors or equivalent examination administered by the
54.6Association of Social Work Boards or a similar examination body designated by the board.
54.7Unless an applicant applies for licensure by endorsement according to subdivision 7, an
54.8examination is not valid if it was taken and passed eight or more years prior to submitting
54.9a completed, signed application form provided by the board. The examination may be
54.10taken prior to completing degree requirements;
54.11    (3) has submitted a completed, signed application form provided by the board,
54.12including the applicable application fee specified in section 148E.180. For applications
54.13submitted electronically, a "signed application" means providing an attestation as specified
54.14by the board;
54.15    (4) has submitted the criminal background check fee and a form provided by the
54.16board authorizing a criminal background check according to subdivision 8;
54.17    (5) has paid the applicable license fee specified in section 148E.180; and
54.18    (6) has not engaged in conduct that was or would be in violation of the standards
54.19of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
54.20conduct that was or would be in violation of the standards of practice, the board may take
54.21action according to sections 148E.255 to 148E.270.
54.22    (b) An application that is not completed and signed, or that is not accompanied by the
54.23correct fee, must be returned to the applicant, along with any fee submitted, and is void.
54.24    (c) A licensee granted a license by the board according to paragraph (a) must meet
54.25the supervised practice requirements specified in sections 148E.100 to 148E.125. If a
54.26licensee does not meet the supervised practice requirements, the board may take action
54.27according to sections 148E.255 to 148E.270.
54.28    (d) By submitting an application for licensure, an applicant authorizes the board to
54.29investigate any information provided or requested in the application. The board may
54.30request that the applicant provide additional information, verification, or documentation.
54.31    (e) Within one year of the time the board receives an application for licensure, the
54.32applicant must meet all the requirements specified in paragraph (a) and must provide all of
54.33the information requested by the board according to paragraph (d). If within one year the
54.34applicant does not meet all the requirements, or does not provide all of the information
54.35requested, the applicant is considered ineligible and the application for licensure must
54.36be closed.
55.1    (f) Except as provided in paragraph (g), an applicant may not take more than three
55.2times the bachelors or equivalent examination administered by the Association of Social
55.3Work Boards, or a similar examination body designated by the board. An applicant must
55.4receive a passing score on the bachelors or equivalent examination administered by the
55.5Association of Social Work Boards or a similar examination body designated by the board
55.6in no more than 18 months after the date the applicant first failed the examination.
55.7    (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a
55.8fourth or subsequent time, the bachelors or equivalent examination administered by the
55.9Association of Social Work Boards or a similar examination body designated by the
55.10board if the applicant:
55.11    (1) meets all requirements specified in paragraphs (a) to (e) other than passing the
55.12bachelors or equivalent examination administered by the Association of Social Work
55.13Boards or a similar examination body designated by the board;
55.14    (2) provides to the board a description of the efforts the applicant has made to
55.15improve the applicant's score and demonstrates to the board's satisfaction that the efforts
55.16are likely to improve the score; and
55.17    (3) provides to the board letters of recommendation from two licensed social
55.18workers attesting to the applicant's ability to practice social work competently and
55.19ethically according to professional social work knowledge, skills, and values.
55.20    (h) An individual must not practice social work until the individual passes the
55.21examination and receives a social work license under this section or section 148E.060. If
55.22the board has reason to believe that an applicant may be practicing social work without a
55.23license, and the applicant has failed the bachelors or equivalent examination administered
55.24by the Association of Social Work Boards or a similar examination body designated by
55.25the board, the board may notify the applicant's employer that the applicant is not licensed
55.26as a social worker.
55.27    Subd. 3. Qualifications for licensure by examination as licensed graduate social
55.28worker. (a) To be licensed as a licensed graduate social worker, an applicant for licensure
55.29by examination must provide evidence satisfactory to the board that the applicant:
55.30    (1) has received a graduate degree in social work from a program accredited by
55.31the Council on Social Work Education, the Canadian Association of Schools of Social
55.32Work, or a similar accreditation body designated by the board, or a doctorate in social
55.33work from an accredited university;
55.34    (2) has passed the masters or equivalent examination administered by the Association
55.35of Social Work Boards or a similar examination body designated by the board. Unless an
55.36applicant applies for licensure by endorsement according to section 148E.055, subdivision
56.17 , an examination is not valid if it was taken and passed eight or more years prior to
56.2submitting a completed, signed application form provided by the board. The examination
56.3may be taken prior to completing degree requirements;
56.4    (3) has submitted a completed, signed application form provided by the board,
56.5including the applicable application fee specified in section 148E.180. For applications
56.6submitted electronically, a "signed application" means providing an attestation as specified
56.7by the board;
56.8    (4) has submitted the criminal background check fee and a form provided by the
56.9board authorizing a criminal background check according to subdivision 8;
56.10    (5) has paid the applicable license fee specified in section 148E.180; and
56.11    (6) has not engaged in conduct that was or would be in violation of the standards
56.12of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
56.13conduct that was or would be in violation of the standards of practice, the board may take
56.14action according to sections 148E.255 to 148E.270.
56.15    (b) An application which is not completed and signed, or which is not accompanied
56.16by the correct fee, must be returned to the applicant, along with any fee submitted, and is
56.17void.
56.18    (c) A licensee granted a license by the board according to paragraph (a) must meet
56.19the supervised practice requirements specified in sections 148E.100 to 148E.125. If a
56.20licensee does not meet the supervised practice requirements, the board may take action
56.21according to sections 148E.255 to 148E.270.
56.22    (d) By submitting an application for licensure, an applicant authorizes the board to
56.23investigate any information provided or requested in the application. The board may
56.24request that the applicant provide additional information, verification, or documentation.
56.25    (e) Within one year of the time the board receives an application for licensure, the
56.26applicant must meet all the requirements specified in paragraph (a) and must provide all of
56.27the information requested by the board according to paragraph (d). If within one year the
56.28applicant does not meet all the requirements, or does not provide all of the information
56.29requested, the applicant is considered ineligible and the application for licensure must
56.30be closed.
56.31    (f) Except as provided in paragraph (g), an applicant may not take more than three
56.32times the masters or equivalent examination administered by the Association of Social
56.33Work Boards or a similar examination body designated by the board. An applicant must
56.34receive a passing score on the masters or equivalent examination administered by the
56.35Association of Social Work Boards or a similar examination body designated by the board
56.36in no more than 18 months after the date the applicant first failed the examination.
57.1    (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a
57.2fourth or subsequent time, the masters or equivalent examination administered by the
57.3Association of Social Work Boards or a similar examination body designated by the
57.4board if the applicant:
57.5    (1) meets all requirements specified in paragraphs (a) to (e) other than passing the
57.6masters or equivalent examination administered by the Association of Social Work Boards
57.7or a similar examination body designated by the board;
57.8    (2) provides to the board a description of the efforts the applicant has made to
57.9improve the applicant's score and demonstrates to the board's satisfaction that the efforts
57.10are likely to improve the score; and
57.11    (3) provides to the board letters of recommendation from two licensed social
57.12workers attesting to the applicant's ability to practice social work competently and
57.13ethically according to professional social work knowledge, skills, and values.
57.14    (h) An individual must not practice social work until the individual passes the
57.15examination and receives a social work license under this section or section 148E.060. If
57.16the board has reason to believe that an applicant may be practicing social work without a
57.17license, and the applicant has failed the masters or equivalent examination administered
57.18by the Association of Social Work Boards or a similar examination body designated by
57.19the board, the board may notify the applicant's employer that the applicant is not licensed
57.20as a social worker.
57.21    Subd. 4. Licensure by examination; licensed independent social worker. (a)
57.22To be licensed as a licensed independent social worker, an applicant for licensure by
57.23examination must provide evidence satisfactory to the board that the applicant:
57.24    (1) has received a graduate degree in social work from a program accredited by
57.25the Council on Social Work Education, the Canadian Association of Schools of Social
57.26Work, or a similar accreditation body designated by the board, or a doctorate in social
57.27work from an accredited university;
57.28    (2) has practiced social work as defined in section 148E.010, and has met the
57.29supervised practice requirements specified in sections 148E.100 to 148E.125;
57.30    (3) has passed the advanced generalist or equivalent examination administered by
57.31the Association of Social Work Boards or a similar examination body designated by the
57.32board. Unless an applicant applies for licensure by endorsement according to subdivision
57.337, an examination is not valid if it was taken and passed eight or more years prior to
57.34submitting a completed, signed application form provided by the board;
57.35    (4) has submitted a completed, signed application form provided by the board,
57.36including the applicable application fee specified in section 148E.180. For applications
58.1submitted electronically, a "signed application" means providing an attestation as specified
58.2by the board;
58.3    (5) has submitted the criminal background check fee and a form provided by the
58.4board authorizing a criminal background check according to subdivision 8;
58.5    (6) has paid the applicable license fee specified in section 148E.180; and
58.6    (7) has not engaged in conduct that was or would be in violation of the standards
58.7of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
58.8conduct that was or would be in violation of the standards of practice, the board may take
58.9action according to sections 148E.255 to 148E.270.
58.10    (b) An application which is not completed and signed, or which is not accompanied
58.11by the correct fee, must be returned to the applicant, along with any fee submitted, and is
58.12void.
58.13    (c) A licensed independent social worker who practices clinical social work must
58.14meet the supervised practice requirements specified in sections 148E.100 to 148E.125. If
58.15a licensee does not meet the supervised practice requirements, the board may take action
58.16according to sections 148E.255 to 148E.270.
58.17    (d) By submitting an application for licensure, an applicant authorizes the board to
58.18investigate any information provided or requested in the application. The board may
58.19request that the applicant provide additional information, verification, or documentation.
58.20    (e) Within one year of the time the board receives an application for licensure, the
58.21applicant must meet all the requirements specified in paragraph (a) and must provide all of
58.22the information requested by the board according to paragraph (d). If within one year the
58.23applicant does not meet all the requirements, or does not provide all of the information
58.24requested, the applicant is considered ineligible and the application for licensure must
58.25be closed.
58.26    (f) Except as provided in paragraph (g), an applicant may not take more than
58.27three times the advanced generalist or equivalent examination administered by the
58.28Association of Social Work Boards or a similar examination body designated by the
58.29board. An applicant must receive a passing score on the masters or equivalent examination
58.30administered by the Association of Social Work Boards or a similar examination body
58.31designated by the board in no more than 18 months after the first time the applicant failed
58.32the examination.
58.33    (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a
58.34fourth or subsequent time, the advanced generalist or equivalent examination administered
58.35by the Association of Social Work Boards or a similar examination body designated by
58.36the board if the applicant:
59.1    (1) meets all requirements specified in paragraphs (a) to (e) other than passing the
59.2advanced generalist or equivalent examination administered by the Association of Social
59.3Work Boards or a similar examination body designated by the board;
59.4    (2) provides to the board a description of the efforts the applicant has made to
59.5improve the applicant's score and demonstrates to the board's satisfaction that the efforts
59.6are likely to improve the score; and
59.7    (3) provides to the board letters of recommendation from two licensed social
59.8workers attesting to the applicant's ability to practice social work competently and
59.9ethically according to professional social work knowledge, skills, and values.
59.10    (h) An individual must not practice social work until the individual passes the
59.11examination and receives a social work license under this section or section 148E.060. If
59.12the board has reason to believe that an applicant may be practicing social work without a
59.13license, except as provided in section 148E.065, and the applicant has failed the advanced
59.14generalist or equivalent examination administered by the Association of Social Work
59.15Boards or a similar examination body designated by the board, the board may notify the
59.16applicant's employer that the applicant is not licensed as a social worker.
59.17    Subd. 5. Licensure by examination; licensed independent clinical social worker.
59.18    (a) To be licensed as a licensed independent clinical social worker, an applicant for
59.19licensure by examination must provide evidence satisfactory to the board that the applicant:
59.20    (1) has received a graduate degree in social work from a program accredited by
59.21the Council on Social Work Education, the Canadian Association of Schools of Social
59.22Work, or a similar accreditation body designated by the board, or a doctorate in social
59.23work from an accredited university;
59.24    (2) has completed 360 clock hours (one semester credit hour = 15 clock hours) in
59.25the following clinical knowledge areas:
59.26    (i) 108 clock hours (30 percent) in differential diagnosis and biopsychosocial
59.27assessment including normative development and psychopathology across the life span;
59.28    (ii) 36 clock hours (ten percent) in assessment-based clinical treatment planning with
59.29measurable goals;
59.30    (iii) 108 clock hours (30 percent) in clinical intervention methods informed by
59.31research and current standards of practice;
59.32    (iv) 18 clock hours (five percent) in evaluation methodologies;
59.33    (v) 72 clock hours (20 percent) in social work values and ethics, including cultural
59.34context, diversity, and social policy; and
59.35    (vi) 18 clock hours (five percent) in culturally specific clinical assessment and
59.36intervention;
60.1    (3) has practiced clinical social work as defined in section 148E.010, including both
60.2diagnosis and treatment, and has met the supervised practice requirements specified in
60.3sections 148E.100 to 148E.125;
60.4    (4) has passed the clinical or equivalent examination administered by the Association
60.5of Social Work Boards or a similar examination body designated by the board. Unless an
60.6applicant applies for licensure by endorsement according to subdivision 7, an examination
60.7is not valid if it was taken and passed eight or more years prior to submitting a completed,
60.8signed application form provided by the board;
60.9    (5) has submitted a completed, signed application form provided by the board,
60.10including the applicable application fee specified in section 148E.180. For applications
60.11submitted electronically, a "signed application" means providing an attestation as specified
60.12by the board;
60.13    (6) has submitted the criminal background check fee and a form provided by the
60.14board authorizing a criminal background check according to subdivision 8;
60.15    (7) has paid the license fee specified in section 148E.180; and
60.16    (8) has not engaged in conduct that was or would be in violation of the standards
60.17of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
60.18conduct that was or would be in violation of the standards of practice, the board may take
60.19action according to sections 148E.255 to 148E.270.
60.20    (b) The requirement in paragraph (a), clause (2), may be satisfied through: (1)
60.21a graduate degree program accredited by the Council on Social Work Education, the
60.22Canadian Association of Schools of Social Work, or a similar accreditation body
60.23designated by the board; or a doctorate in social work from an accredited university; (2)
60.24postgraduate coursework; or (3) up to 90 continuing education hours. The continuing
60.25education must have a course description available for public review and must include
60.26a posttest. Compliance with this requirement must be documented on a form provided
60.27by the board. The board may conduct audits of the information submitted in order to
60.28determine compliance with the requirements of this section.
60.29    (c) An application which is not completed and signed, or which is not accompanied
60.30by the correct fee, must be returned to the applicant, along with any fee submitted, and is
60.31void.
60.32    (d) By submitting an application for licensure, an applicant authorizes the board to
60.33investigate any information provided or requested in the application. The board may
60.34request that the applicant provide additional information, verification, or documentation.
60.35    (e) Within one year of the time the board receives an application for licensure, the
60.36applicant must meet all the requirements specified in paragraph (a) and must provide all of
61.1the information requested by the board according to paragraph (d). If within one year the
61.2applicant does not meet all the requirements, or does not provide all of the information
61.3requested, the applicant is considered ineligible and the application for licensure must
61.4be closed.
61.5    (f) Except as provided in paragraph (g), an applicant may not take more than three
61.6times the clinical or equivalent examination administered by the Association of Social
61.7Work Boards or a similar examination body designated by the board. An applicant must
61.8receive a passing score on the clinical or equivalent examination administered by the
61.9Association of Social Work Boards or a similar examination body designated by the board
61.10no later than 18 months after the first time the applicant failed the examination.
61.11    (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a
61.12fourth or subsequent time, the clinical or equivalent examination administered by the
61.13Association of Social Work Boards or a similar examination body designated by the
61.14board if the applicant:
61.15    (1) meets all requirements specified in paragraphs (a) to (e) other than passing the
61.16clinical or equivalent examination administered by the Association of Social Work Boards
61.17or a similar examination body designated by the board;
61.18    (2) provides to the board a description of the efforts the applicant has made to
61.19improve the applicant's score and demonstrates to the board's satisfaction that the efforts
61.20are likely to improve the score; and
61.21    (3) provides to the board letters of recommendation from two licensed social
61.22workers attesting to the applicant's ability to practice social work competently and
61.23ethically according to professional social work knowledge, skills, and values.
61.24    (h) An individual must not practice social work until the individual passes the
61.25examination and receives a social work license under this section or section 148E.060. If
61.26the board has reason to believe that an applicant may be practicing social work without a
61.27license, and the applicant has failed the clinical or equivalent examination administered
61.28by the Association of Social Work Boards or a similar examination body designated by
61.29the board, the board may notify the applicant's employer that the applicant is not licensed
61.30as a social worker.
61.31    Subd. 6. Degrees from outside United States or Canada. If an applicant receives
61.32a degree from a program outside the United States or Canada that is not accredited by
61.33the Council on Social Work Education, the Canadian Association of Schools of Social
61.34Work, or a similar examination body designated by the board, the degree does not fulfill
61.35the requirements specified in subdivision 2, paragraph (a), clause (1); 3, paragraph (a),
61.36clause (1); 4, paragraph (a), clause (1); or 5, paragraph (a), clause (1), unless the Council
62.1on Social Work Education or a similar accreditation body designated by the board has
62.2determined through the council's international equivalency determination service that the
62.3degree earned is equivalent to the degree required.
62.4    Subd. 7. Licensure by endorsement. (a) An applicant for licensure by endorsement
62.5must hold a current license or credential to practice social work in another jurisdiction.
62.6    (b) An applicant for licensure by endorsement who meets the qualifications of
62.7paragraph (a) and who demonstrates to the satisfaction of the board that the applicant
62.8passed the examination administered by the Association of Social Work Boards or a
62.9similar examination body designated by the board for the applicable license in Minnesota
62.10is not required to retake the licensing examination.
62.11    (c) An application for licensure by endorsement must meet the applicable license
62.12requirements specified in subdivisions 1 to 6, except as provided in paragraph (d), and
62.13submit the licensure by endorsement application fee specified in section 148E.180.
62.14    (d) The following requirements apply:
62.15    (1) An applicant for licensure by endorsement who is applying for licensure as a
62.16licensed social worker must meet the requirements specified in subdivision 2.
62.17    (2) An applicant for licensure by endorsement who is applying for licensure as a
62.18licensed graduate social worker must meet the requirements specified in subdivision 3.
62.19    (3) An applicant for licensure by endorsement who is applying for licensure as
62.20a licensed independent social worker is not required to demonstrate that the applicant
62.21has obtained 100 hours of supervision as specified in section 148E.110, subdivision 1,
62.22provided that the applicant has engaged in authorized social work practice for a minimum
62.23of 4,000 hours in another jurisdiction.
62.24    (4) An applicant for licensure by endorsement as a licensed independent clinical
62.25social worker (i) is not required to meet the license requirements specified in subdivision
62.265, paragraph (a), clause (2), and (ii) is not required to demonstrate that the applicant
62.27has obtained 200 hours of supervision as specified in section 148E.115, subdivision 1,
62.28provided that the applicant has engaged in authorized clinical social work practice for a
62.29minimum of 4,000 hours in another jurisdiction.
62.30    Subd. 8. Criminal background checks. (a) Except as provided in paragraph (b), an
62.31initial license application must be accompanied by:
62.32    (1) a form provided by the board authorizing the board to complete a criminal
62.33background check; and
62.34    (2) the criminal background check fee specified by the Bureau of Criminal
62.35Apprehension.
63.1    Criminal background check fees collected by the board must be used to reimburse
63.2the Bureau of Criminal Apprehension for the criminal background checks.
63.3    (b) An applicant who has previously submitted a license application authorizing the
63.4board to complete a criminal background check is exempt from the requirement specified
63.5in paragraph (a).
63.6    (c) If a criminal background check indicates that an applicant has engaged in
63.7criminal behavior, the board may take action according to sections 148E.255 to 148E.270.
63.8    Subd. 9. Effective date. The effective date of an initial license is the day on which
63.9the board receives the applicable license fee from an applicant approved for licensure.
63.10    Subd. 10. Expiration date. The expiration date of an initial license is the last day
63.11of the licensee's birth month in the second calendar year following the effective date of
63.12the initial license.
63.13    Subd. 11. Change in license. (a) A licensee who changes from a licensed social
63.14worker to a licensed graduate social worker, or from a licensed graduate social worker to a
63.15licensed independent social worker, or from a licensed graduate social worker or licensed
63.16independent social worker to a licensed independent clinical social worker, must pay the
63.17prorated share of the fee for the new license.
63.18    (b) The effective date of the new license is the day on which the board receives the
63.19applicable license fee from an applicant approved for the new license.
63.20    (c) The expiration date of the new license is the same date as the expiration date of
63.21the license held by the licensee prior to the change in the license.

63.22    Sec. 74. [148E.060] TEMPORARY LICENSES.
63.23    Subdivision 1. Students and other persons not currently licensed in another
63.24jurisdiction. The board may issue a temporary license to practice social work to an
63.25applicant who is not licensed or credentialed to practice social work in any jurisdiction
63.26but has:
63.27    (1) applied for a license under section 148E.055;
63.28    (2) applied for a temporary license on a form provided by the board;
63.29    (3) submitted a form provided by the board authorizing the board to complete a
63.30criminal background check;
63.31    (4) passed the applicable licensure examination provided for in section 148E.055;
63.32    (5) attested on a form provided by the board that the applicant has completed the
63.33requirements for a baccalaureate or graduate degree in social work from a program
63.34accredited by the Council on Social Work Education, the Canadian Association of Schools
64.1of Social Work, or a similar accreditation body designated by the board, or a doctorate in
64.2social work from an accredited university; and
64.3    (6) not engaged in conduct that was or would be in violation of the standards of
64.4practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
64.5conduct that was or would be in violation of the standards of practice, the board may take
64.6action according to sections 148E.255 to 148E.270.
64.7    Subd. 2. Emergency situations and persons currently licensed in another
64.8jurisdiction. The board may issue a temporary license to practice social work to an
64.9applicant who is licensed or credentialed to practice social work in another jurisdiction,
64.10may or may not have applied for a license under section 148E.055, and has:
64.11    (1) applied for a temporary license on a form provided by the board;
64.12    (2) submitted a form provided by the board authorizing the board to complete a
64.13criminal background check;
64.14    (3) submitted evidence satisfactory to the board that the applicant is currently
64.15licensed or credentialed to practice social work in another jurisdiction;
64.16    (4) attested on a form provided by the board that the applicant has completed the
64.17requirements for a baccalaureate or graduate degree in social work from a program
64.18accredited by the Council on Social Work Education, the Canadian Association of Schools
64.19of Social Work, or a similar accreditation body designated by the board, or a doctorate in
64.20social work from an accredited university; and
64.21    (5) not engaged in conduct that was or would be in violation of the standards of
64.22practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
64.23conduct that was or would be in violation of the standards of practice, the board may take
64.24action according to sections 148E.255 to 148E.270.
64.25    Subd. 3. Teachers. The board may issue a temporary license to practice social work
64.26to an applicant whose permanent residence is outside the United States, who is teaching
64.27social work at an academic institution in Minnesota for a period not to exceed 12 months,
64.28who may or may not have applied for a license under section 148E.055, and who has:
64.29    (1) applied for a temporary license on a form provided by the board;
64.30    (2) submitted a form provided by the board authorizing the board to complete a
64.31criminal background check;
64.32    (3) attested on a form provided by the board that the applicant has completed the
64.33requirements for a baccalaureate or graduate degree in social work; and
64.34    (4) has not engaged in conduct that was or would be in violation of the standards
64.35of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
65.1conduct that was or would be in violation of the standards of practice, the board may take
65.2action according to sections 148E.255 to 148E.270.
65.3    Subd. 4. Temporary license application fee. An applicant for a temporary license
65.4must pay the application fee specified in section 148E.180 plus the required fee for
65.5the cost of the criminal background check. Only one fee for the cost of the criminal
65.6background check must be submitted when the applicant is applying for both a temporary
65.7license and a license under section 148E.055.
65.8    Subd. 5. Temporary license term. (a) A temporary license is valid until expiration,
65.9or until the board issues or denies the license according to section 148E.055, or until
65.10the board revokes the temporary license, whichever comes first. A temporary license is
65.11nonrenewable.
65.12    (b) A temporary license issued according to subdivision 1 or 2 expires after six
65.13months.
65.14    (c) A temporary license issued according to subdivision 3 expires after 12 months.
65.15    Subd. 6. Licensee with temporary license; baccalaureate degree. A licensee
65.16with a temporary license who has provided evidence to the board that the licensee has
65.17completed the requirements for a baccalaureate degree in social work from a program
65.18accredited by the Council on Social Work Education, the Canadian Association of Schools
65.19of Social Work, or a similar accreditation body designated by the board may temporarily
65.20engage in social work practice except that a licensee with a temporary license may not
65.21engage in clinical social work practice.
65.22    Subd. 7. Licensee with temporary license; graduate degree. A licensee with a
65.23temporary license who has provided evidence to the board that the licensee has completed
65.24the requirements for a graduate degree in social work from a program accredited by the
65.25Council on Social Work Education, the Canadian Association of Schools of Social Work,
65.26or a similar accreditation body designated by the board may temporarily engage in social
65.27work practice, including clinical practice.
65.28    Subd. 8. Supervision requirements. (a) Except as provided in paragraph (b), an
65.29applicant who is not currently licensed or credentialed to practice social work in another
65.30jurisdiction and who obtains a temporary license may practice social work only under
65.31the supervision of an individual licensed as a social worker who is eligible to provide
65.32supervision under sections 148E.100 to 148E.125. Before the applicant is approved
65.33for licensure, the applicant's supervisor must attest to the board's satisfaction that the
65.34applicant has practiced social work under supervision. This supervision applies toward
65.35the supervision required after licensure.
66.1    (b) If an applicant is currently licensed or credentialed to practice social work in
66.2another jurisdiction, and receives a temporary license according to subdivision 3, the
66.3requirements specified in paragraph (a) do not apply. However, if an applicant with a
66.4temporary license chooses to practice social work under supervision, the supervision
66.5applies to the requirements specified in sections 148E.100 to 148E.125.
66.6    Subd. 9. Prohibition on practice. An applicant for a temporary license must not
66.7practice social work in Minnesota, except as provided in section 148E.065, until the
66.8applicant has been granted a temporary license.
66.9    Subd. 10. Representation of professional status. In making representations of
66.10professional status to the public, a licensee with a temporary license must state that the
66.11licensee has a temporary license.
66.12    Subd. 11. Standards of practice. A licensee with a temporary license must conduct
66.13all professional activities as a social worker according to the requirements of sections
66.14148E.195 to 148E.240.
66.15    Subd. 12. Ineligibility. An applicant who is currently practicing social work in
66.16Minnesota in a setting that is not exempt under section 148E.065 at the time of application
66.17is ineligible for a temporary license.
66.18    Subd. 13. Revocation of temporary license. The board may immediately revoke
66.19the temporary license of any licensee who violates any requirements of this section. The
66.20revocation must be made for cause, without notice or opportunity to be heard. A licensee
66.21whose temporary license is revoked must immediately return the temporary license to
66.22the board.

66.23    Sec. 75. [148E.065] EXEMPTIONS.
66.24    Subdivision 1. Other professionals. Nothing in this chapter may be construed
66.25to prevent members of other professions or occupations from performing functions
66.26for which they are qualified or licensed. This exception includes but is not limited to:
66.27licensed physicians, registered nurses, licensed practical nurses, licensed psychologists,
66.28psychological practitioners, probation officers, members of the clergy and Christian
66.29Science practitioners, attorneys, marriage and family therapists, alcohol and drug
66.30counselors, professional counselors, school counselors, and registered occupational
66.31therapists or certified occupational therapist assistants. These persons must not, however,
66.32hold themselves out to the public by any title or description stating or implying that they
66.33are engaged in the practice of social work, or that they are licensed to engage in the
66.34practice of social work. Persons engaged in the practice of social work are not exempt
66.35from the board's jurisdiction solely by the use of one of the titles in this subdivision.
67.1    Subd. 2. Students. An internship, externship, or any other social work experience
67.2that is required for the completion of an accredited program of social work does not
67.3constitute the practice of social work under this chapter.
67.4    Subd. 3. Geographic waiver. A geographic waiver may be granted by the board on
67.5a case-by-case basis to agencies with special regional hiring problems. The waiver is for
67.6the purpose of permitting agencies to hire individuals who do not meet the qualifications
67.7of section 148E.055 or 148E.060 to practice social work.
67.8    Subd. 4. City, county, and state agency social workers. The licensure of city,
67.9county, and state agency social workers is voluntary. City, county, and state agencies
67.10employing social workers are not required to employ licensed social workers.
67.11    Subd. 5. Tribes and private nonprofit agencies; voluntary licensure. The
67.12licensure of social workers who are employed by federally recognized tribes, or by private
67.13nonprofit agencies whose primary service focus addresses ethnic minority populations,
67.14and who are themselves members of ethnic minority populations within those agencies, is
67.15voluntary.

67.16    Sec. 76. [148E.070] LICENSE RENEWALS.
67.17    Subdivision 1. License renewal term. (a) If a license is renewed, the license must
67.18be renewed for a two-year renewal term. The renewal term is the period from the effective
67.19date of an initial or renewed license to the expiration date of the license.
67.20    (b) The effective date of a renewed license is the day following the expiration date
67.21of the expired license.
67.22    (c) The expiration date of a renewed license is the last day of the licensee's birth
67.23month in the second calendar year following the effective date of the renewed license.
67.24    Subd. 2. Mailing license renewal notices. The board must mail a notice for license
67.25renewal to a licensee at least 45 days before the expiration date of the license. Mailing the
67.26notice by United States mail to the licensee's last known mailing address constitutes valid
67.27mailing. Failure to receive the renewal notice does not relieve a licensee of the obligation
67.28to renew a license and to pay the renewal fee.
67.29    Subd. 3. Submitting license renewal applications. (a) In order to renew a license,
67.30a licensee must submit:
67.31    (1) a completed, signed application for license renewal; and
67.32    (2) the applicable renewal fee specified in section 148E.180.
67.33The completed, signed application and renewal fee must be received by the board prior to
67.34midnight of the day of the license expiration date. For renewals submitted electronically, a
67.35"signed application" means providing an attestation as specified by the board.
68.1    (b) An application which is not completed and signed, or which is not accompanied
68.2by the correct fee, must be returned to the applicant, along with any fee submitted, and is
68.3void.
68.4    (c) The completed, signed application must include documentation that the licensee
68.5has met the continuing education requirements specified in sections 148E.130 to 148E.170
68.6and, if applicable, the supervised practice requirements specified in sections 148E.100 to
68.7148E.125.
68.8    (d) By submitting a renewal application, an applicant authorizes the board to:
68.9    (1) investigate any information provided or requested in the application. The
68.10board may request that the applicant provide additional information, verification, or
68.11documentation;
68.12    (2) conduct an audit to determine if the applicant has met the continuing education
68.13requirements specified in sections 148E.130 to 148E.170; and
68.14    (3) if applicable, conduct an audit to determine whether the applicant has met the
68.15supervision requirements specified in sections 148E.100 to 148E.125.
68.16    (e) If a licensee's application for license renewal meets the requirements specified in
68.17paragraph (a), the licensee may continue to practice after the license expiration date until
68.18the board approves or denies the application.
68.19    Subd. 4. Renewal late fee. An application that is received after the license
68.20expiration date must be accompanied by the renewal late fee specified in section 148E.180
68.21in addition to the applicable renewal fee. The application, renewal fee, and renewal late
68.22fee must be received by the board within 60 days of the license expiration date, or the
68.23license automatically expires.
68.24    Subd. 5. Expired license. (a) If an application does not meet the requirements
68.25specified in subdivisions 3 and 4, the license automatically expires. A licensee whose
68.26license has expired may reactivate a license by meeting the requirements in section
68.27148E.080 or be relicensed by meeting the requirements specified in section 148E.055.
68.28    (b) The board may take action according to sections 148E.255 to 148E.270 based on
68.29a licensee's conduct before the expiration of the license.
68.30    (c) An expired license may be reactivated within one year of the expiration date
68.31specified in section 148E.080. After one year of the expiration date, an individual may
68.32apply for a new license according to section 148E.055.

68.33    Sec. 77. [148E.075] INACTIVE LICENSES.
68.34    Subdivision 1. Inactive status. (a) A licensee qualifies for inactive status under
68.35either of the circumstances described in paragraph (b) or (c).
69.1    (b) A licensee qualifies for inactive status when the licensee is granted temporary
69.2leave from active practice. A licensee qualifies for temporary leave from active practice if
69.3the licensee demonstrates to the satisfaction of the board that the licensee is not engaged
69.4in the practice of social work in any setting, including settings in which social workers
69.5are exempt from licensure according to section 148E.065. A licensee who is granted
69.6temporary leave from active practice may reactivate the license according to section
69.7148E.080.
69.8    (c) A licensee qualifies for inactive status when a licensee is granted an emeritus
69.9license. A licensee qualifies for an emeritus license if the licensee demonstrates to the
69.10satisfaction of the board that:
69.11    (1) the licensee is retired from social work practice; and
69.12    (2) the licensee is not engaged in the practice of social work in any setting, including
69.13settings in which social workers are exempt from licensure according to section 148E.065.
69.14A licensee who possesses an emeritus license may reactivate the license according to
69.15section 148E.080.
69.16    Subd. 2. Application. A licensee may apply for inactive status:
69.17    (1) at any time by submitting an application for a temporary leave from active
69.18practice or for an emeritus license; or
69.19    (2) as an alternative to applying for the renewal of a license by so recording on
69.20the application for license renewal and submitting the completed, signed application to
69.21the board.
69.22    An application that is not completed or signed, or that is not accompanied by the
69.23correct fee, must be returned to the applicant, along with any fee submitted, and is void.
69.24For applications submitted electronically, a "signed application" means providing an
69.25attestation as specified by the board.
69.26    Subd. 3. Fee. (a) Regardless of when the application for inactive status is submitted,
69.27the temporary leave or emeritus license fee specified in section 148E.180, whichever is
69.28applicable, must accompany the application. A licensee who is approved for inactive
69.29status before the license expiration date is not entitled to receive a refund for any portion
69.30of the license or renewal fee.
69.31    (b) If an application for temporary leave is received after the license expiration date,
69.32the licensee must pay a renewal late fee as specified in section 148E.180 in addition to
69.33the temporary leave fee.
69.34    Subd. 4. Time limits for temporary leaves. A licensee may maintain an inactive
69.35license on temporary leave for no more than five consecutive years. If a licensee does
70.1not apply for reactivation within 60 days following the end of the consecutive five-year
70.2period, the license automatically expires.
70.3    Subd. 5. Time limits for emeritus license. A licensee with an emeritus license may
70.4not apply for reactivation according to section 148E.080 after five years following the
70.5granting of the emeritus license. However, after five years following the granting of the
70.6emeritus license, an individual may apply for new licensure according to section 148E.055.
70.7    Subd. 6. Prohibition on practice. (a) Except as provided in paragraph (b), a
70.8licensee whose license is inactive must not practice, attempt to practice, offer to practice,
70.9or advertise or hold out as authorized to practice social work.
70.10    (b) The board may grant a variance to the requirements of paragraph (a) if a licensee
70.11on inactive status provides emergency social work services. A variance is granted only
70.12if the board provides the variance in writing to the licensee. The board may impose
70.13conditions or restrictions on the variance.
70.14    Subd. 7. Representations of professional status. In making representations of
70.15professional status to the public, a licensee whose license is inactive must state that the
70.16license is inactive and that the licensee cannot practice social work.
70.17    Subd. 8. Disciplinary or other action. The board may resolve any pending
70.18complaints against a licensee before approving an application for inactive status. The
70.19board may take action according to sections 148E.255 to 148E.270 against a licensee
70.20whose license is inactive based on conduct occurring before the license is inactive or
70.21conduct occurring while the license is inactive.

70.22    Sec. 78. [148E.080] REACTIVATIONS.
70.23    Subdivision 1. Mailing notices to licensees on temporary leave. The board must
70.24mail a notice for reactivation to a licensee on temporary leave at least 45 days before the
70.25expiration date of the license according to section 148E.075, subdivision 4. Mailing the
70.26notice by United States mail to the licensee's last known mailing address constitutes
70.27valid mailing. Failure to receive the reactivation notice does not relieve a licensee of the
70.28obligation to comply with the provisions of this section to reactivate a license.
70.29    Subd. 2. Reactivation from a temporary leave or emeritus status. To reactivate a
70.30license from a temporary leave or emeritus status, a licensee must do the following within
70.31the time period specified in section 148E.075, subdivisions 4 and 5:
70.32    (1) complete an application form specified by the board;
70.33    (2) document compliance with the continuing education requirements specified in
70.34subdivision 4;
70.35    (3) submit a supervision plan, if required;
71.1    (4) pay the reactivation of an inactive licensee fee specified in section 148E.180; and
71.2    (5) pay the wall certificate fee according to section 148E.095, subdivision 1,
71.3paragraph (b) or (c), if the licensee needs a duplicate license.
71.4    Subd. 3. Reactivation of an expired license. To reactivate an expired license, a
71.5licensee must do the following within one year of the expiration date:
71.6    (1) complete an application form specified by the board;
71.7    (2) document compliance with the continuing education requirements that were
71.8in effect at the time the license expired;
71.9    (3) document compliance with the supervision requirements, if applicable, that were
71.10in effect at the time the license expired; and
71.11    (4) pay the reactivation of an expired license fee specified in section 148E.180.
71.12    Subd. 4. Continuing education requirements. (a) A licensee who is on temporary
71.13leave or who has an emeritus license must obtain the continuing education hours that
71.14would be required if the license was active. At the time of reactivation, the licensee must
71.15document compliance with the continuing education requirements specified in sections
71.16148E.130 to 148E.170.
71.17    (b) A licensee applying for reactivation according to subdivision 2 or 3 may apply
71.18for a variance to the continuing education requirements according to sections 148E.130 to
71.19148E.170.
71.20    Subd. 5. Reactivation of a voluntarily terminated license. To reactivate a
71.21voluntarily terminated license, a licensee must do the following within one year of the
71.22date the voluntary termination takes effect:
71.23    (1) complete an application form specified by the board;
71.24    (2) document compliance with the continuing education requirements that were in
71.25effect at the time the license was voluntarily terminated;
71.26    (3) document compliance with the supervision requirements, if applicable, that were
71.27in effect at the time the license was voluntarily terminated; and
71.28    (4) pay the reactivation of an expired or voluntarily terminated license fee specified
71.29in section 148E.180.

71.30    Sec. 79. [148E.085] VOLUNTARY TERMINATIONS.
71.31    Subdivision 1. Requests for voluntary termination. (a) A licensee may request
71.32voluntary termination of a license if the licensee demonstrates to the satisfaction of the
71.33board that the licensee is not engaged in the practice of social work in any setting except
71.34settings in which social workers are exempt from licensure according to section 148E.065.
71.35    (b) A licensee may apply for voluntary termination:
72.1    (1) at any time by submitting an application; or
72.2    (2) as an alternative to applying for the renewal of a license by so recording on
72.3the application for license renewal and submitting the completed, signed application to
72.4the board.
72.5For applications submitted electronically, a "signed application" means providing an
72.6attestation as specified by the board. An application that is not completed and signed must
72.7be returned to the applicant and is void.
72.8    (c) The board may resolve any pending complaints against a licensee before
72.9approving a request for voluntary termination.
72.10    Subd. 2. Application for new licensure. A licensee who has voluntarily terminated
72.11a license may not reactivate the license after one year following the date the voluntary
72.12termination takes effect. However, a licensee who has voluntarily terminated a license
72.13may apply for a new license according to section 148E.055.
72.14    Subd. 3. Prohibition on practice. A licensee who has voluntarily terminated a
72.15license must not practice, attempt to practice, offer to practice, or advertise or hold out as
72.16authorized to practice social work, except when the individual is exempt from licensure
72.17according to section 148E.065.
72.18    Subd. 4. Disciplinary or other action. The board may take action according to
72.19sections 148E.255 to 148E.270 against a licensee whose license has been terminated
72.20based on conduct occurring before the license is terminated or for practicing social
72.21work without a license.

72.22    Sec. 80. [148E.090] NAME; CHANGE OF NAME OR ADDRESS.
72.23    Subdivision 1. Name. A licensee must use the licensee's legal name or a professional
72.24name. If the licensee uses a professional name, the licensee must inform the board in
72.25writing of both the licensee's professional name and legal name and must comply with
72.26the requirements of this section.
72.27    Subd. 2. Legal name change. Within 30 days after changing the licensee's legal
72.28name, a licensee must:
72.29    (1) request a new license wall certificate;
72.30    (2) provide legal verification of the name change; and
72.31    (3) pay the license wall certificate fee specified in section 148E.180.
72.32    Subd. 3. Professional name change. Within 30 days after changing the licensee's
72.33professional name, a licensee must:
72.34    (1) request a new license wall certificate;
72.35    (2) provide a notarized statement attesting to the name change; and
73.1    (3) pay the license wall certificate fee specified in section 148E.180.
73.2    Subd. 4. Address or telephone change. When a licensee changes a mailing
73.3address, home address, work address, e-mail address, or daytime public telephone number,
73.4the licensee must notify the board of the change electronically or in writing no more
73.5than 30 days after the date of the change.

73.6    Sec. 81. [148E.095] LICENSE CERTIFICATE OR CARD.
73.7    Subdivision 1. License wall certificate. (a) The board must issue a new license
73.8wall certificate when the board issues a new license. No fee in addition to the applicable
73.9license fee specified in section 148E.180 is required.
73.10    (b) The board must replace a license wall certificate when:
73.11    (1) a licensee submits an affidavit to the board that the original license wall
73.12certificate was lost, stolen, or destroyed; and
73.13    (2) the licensee submits the license wall certificate fee specified in section 148E.180.
73.14    (c) The board must issue a revised license wall certificate when:
73.15    (1) a licensee requests a revised license wall certificate according to this section; and
73.16    (2) a licensee submits the license wall certificate fee specified in section 148E.180.
73.17    (d) The board must issue an additional license wall certificate when:
73.18    (1) a licensee submits a written request for a new certificate because the licensee
73.19practices in more than one location; and
73.20    (2) the licensee submits the license wall certificate fee specified in section 148E.180.
73.21    Subd. 2. License card. (a) The board must issue a new license card when the
73.22board issues a new license. No fee in addition to the applicable license fee specified
73.23in section 148E.180 is required.
73.24    (b) The board must replace a license card when a licensee submits:
73.25    (1) an affidavit to the board that the original license card was lost, stolen, or
73.26destroyed; and
73.27    (2) the license card fee specified in section 148E.180.
73.28    (c) The board must issue a revised license card when the licensee submits a written
73.29request for a new license wall certificate because of a new professional or legal name
73.30according to section 148E.090, subdivision 2 or 3. No fee in addition to the one specified
73.31in subdivision 1, paragraph (b), is required.

73.32    Sec. 82. [148E.100] LICENSED SOCIAL WORKERS; SUPERVISED
73.33PRACTICE.
74.1    Subdivision 1. Supervision required after licensure. After receiving a license
74.2from the board as a licensed social worker, the licensed social worker must obtain at least
74.3100 hours of supervision according to the requirements of this section.
74.4    Subd. 2. Practice requirements. The supervision required by subdivision 1 must be
74.5obtained during the first 4,000 hours of postbaccalaureate social work practice authorized
74.6by law. At least four hours of supervision must be obtained during every 160 hours of
74.7practice.
74.8    Subd. 3. Types of supervision. Of the 100 hours of supervision required under
74.9subdivision 1:
74.10    (1) 50 hours must be provided through one-on-one supervision, including: (i)
74.11a minimum of 25 hours of in-person supervision, and (ii) no more than 25 hours of
74.12supervision via eye-to-eye electronic media; and
74.13    (2) 50 hours must be provided through: (i) one-on-one supervision, or (ii) group
74.14supervision. The supervision may be in-person, by telephone, or via eye-to-eye electronic
74.15media. The supervision must not be provided by e-mail. Group supervision is limited to
74.16six members not counting the supervisor or supervisors.
74.17    Subd. 4. Supervisor requirements. The supervision required by subdivision 1 must
74.18be provided by a supervisor who:
74.19    (1) is a licensed social worker who has completed the supervised practice
74.20requirements;
74.21    (2) is a licensed graduate social worker, licensed independent social worker, or
74.22licensed independent clinical social worker; or
74.23    (3) meets the requirements specified in section 148E.120, subdivision 2.
74.24    Subd. 5. Supervisee requirements. The supervisee must:
74.25    (1) to the satisfaction of the supervisor, practice competently and ethically according
74.26to professional social work knowledge, skills, and values;
74.27    (2) receive supervision in the following content areas:
74.28    (i) development of professional values and responsibilities;
74.29    (ii) practice skills;
74.30    (iii) authorized scope of practice;
74.31    (iv) ensuring continuing competence; and
74.32    (v) ethical standards of practice;
74.33    (3) submit a supervision plan according to section 148E.125, subdivision 1; and
74.34    (4) if the board audits the supervisee's supervised practice, submit verification of
74.35supervised practice according to section 148E.125, subdivision 3.
75.1    Subd. 6. After completion of supervision requirements. A licensed social worker
75.2who fulfills the supervision requirements specified in subdivisions 1 to 5 is not required to
75.3be supervised after completion of the supervision requirements.
75.4    Subd. 7. Attestation. The social worker and the social worker's supervisor must
75.5attest that the supervisee has met or has made progress on meeting the applicable
75.6supervision requirements according to section 148E.125, subdivision 2.

75.7    Sec. 83. [148E.105] LICENSED GRADUATE SOCIAL WORKERS WHO DO
75.8NOT PRACTICE CLINICAL SOCIAL WORK; SUPERVISED PRACTICE.
75.9    Subdivision 1. Supervision required after licensure. After receiving a license
75.10from the board as a licensed graduate social worker, a licensed graduate social worker
75.11must obtain at least 100 hours of supervision according to the requirements of this section.
75.12    Subd. 2. Practice requirements. The supervision required by subdivision 1 must
75.13be obtained during the first 4,000 hours of postgraduate social work practice authorized
75.14by law. At least four hours of supervision must be obtained during every 160 hours of
75.15practice.
75.16    Subd. 3. Types of supervision. Of the 100 hours of supervision required under
75.17subdivision 1:
75.18    (1) 50 hours must be provided though one-on-one supervision, including: (i)
75.19a minimum of 25 hours of in-person supervision, and (ii) no more than 25 hours of
75.20supervision via eye-to-eye electronic media; and
75.21    (2) 50 hours must be provided through: (i) one-on-one supervision, or (ii) group
75.22supervision. The supervision may be in-person, by telephone, or via eye-to-eye electronic
75.23media. The supervision must not be provided by e-mail. Group supervision is limited
75.24to six supervisees.
75.25    Subd. 4. Supervisor requirements. The supervision required by subdivision 1 must
75.26be provided by a supervisor who meets the requirements specified in section 148E.120.
75.27The supervision must be provided by a:
75.28    (1) licensed independent social worker;
75.29    (2) licensed graduate social worker who has completed the supervised practice
75.30requirements;
75.31    (3) licensed independent clinical social worker; or
75.32    (4) a supervisor who meets the requirements specified in section 148E.120,
75.33subdivision 2 .
75.34    Subd. 5. Supervisee requirements. The supervisee must:
76.1    (1) to the satisfaction of the supervisor, practice competently and ethically according
76.2to professional social work knowledge, skills, and values;
76.3    (2) receive supervision in the following content areas:
76.4    (i) development of professional values and responsibilities;
76.5    (ii) practice skills;
76.6    (iii) authorized scope of practice;
76.7    (iv) ensuring continuing competence; and
76.8    (v) ethical standards of practice;
76.9    (3) submit a supervision plan according to section 148E.125, subdivision 1; and
76.10    (4) verify supervised practice according to section 148E.125, subdivision 3, if:
76.11    (i) the board audits the supervisee's supervised practice; or
76.12    (ii) a licensed graduate social worker applies for a licensed independent social
76.13worker license.
76.14    Subd. 6. Supervision not required after completion of supervision requirements.
76.15    A licensed graduate social worker who fulfills the supervision requirements specified in
76.16subdivisions 1 to 5, and who does not practice clinical social work, is not required to be
76.17supervised after completion of the supervision requirements.
76.18    Subd. 7. Attestation. A social worker and the social worker's supervisor must attest
76.19that the supervisee has met or has made progress on meeting the applicable supervision
76.20requirements according to section 148E.125, subdivision 2.
76.21    Subd. 8. Eligibility to apply for licensure as a licensed independent social
76.22worker. Upon completion of 4,000 hours of social work practice, including at least 100
76.23hours of supervision according to the requirements of this section, a licensed graduate
76.24social worker is eligible to apply for a licensed independent social worker license
76.25according to section 148E.110.

76.26    Sec. 84. [148E.106] LICENSED GRADUATE SOCIAL WORKERS WHO
76.27PRACTICE CLINICAL SOCIAL WORK; SUPERVISED PRACTICE.
76.28    Subdivision 1. Supervision required after licensure. After receiving a license
76.29from the board as a licensed graduate social worker, a licensed graduate social worker
76.30must obtain at least 200 hours of supervision according to the requirements of this section.
76.31    Subd. 2. Practice requirements. The supervision required by subdivision 1 must
76.32be obtained during the first 4,000 hours of postgraduate social work practice authorized
76.33by law. At least eight hours of supervision must be obtained during every 160 hours of
76.34practice.
77.1    Subd. 3. Types of supervision. Of the 200 hours of supervision required under
77.2subdivision 1:
77.3    (1) 100 hours must be provided through one-on-one supervision, including: (i)
77.4a minimum of 50 hours of in-person supervision, and (ii) no more than 50 hours of
77.5supervision via eye-to-eye electronic media; and
77.6    (2) 100 hours must be provided through: (i) one-on-one supervision, or (ii) group
77.7supervision. The supervision may be in-person, by telephone, or via eye-to-eye electronic
77.8media. The supervision must not be provided by e-mail. Group supervision is limited
77.9to six supervisees.
77.10    Subd. 4. Supervisor requirements. The supervision required by subdivision 1 must
77.11be provided by a supervisor who meets the requirements specified in section 148E.120.
77.12The supervision must be provided:
77.13    (1) by a licensed independent clinical social worker; or
77.14    (2) by a supervisor who meets the requirements specified in section 148E.120,
77.15subdivision 2.
77.16    Subd. 5. Supervisee requirements. The supervisee must:
77.17    (1) to the satisfaction of the supervisor, practice competently and ethically according
77.18to professional social work knowledge, skills, and values;
77.19    (2) receive supervision in the following content areas:
77.20    (i) development of professional values and responsibilities;
77.21    (ii) practice skills;
77.22    (iii) authorized scope of practice;
77.23    (iv) ensuring continuing competence; and
77.24    (v) ethical standards of practice;
77.25    (3) submit a supervision plan according to section 148E.125, subdivision 1; and
77.26    (4) verify supervised practice according to section 148E.125, subdivision 3, if:
77.27    (i) the board audits the supervisee's supervised practice; or
77.28    (ii) a licensed graduate social worker applies for a licensed independent clinical
77.29social worker license.
77.30    Subd. 6. Supervision required. A licensed graduate social worker must not engage
77.31in clinical social work practice except under supervision by a licensed independent
77.32clinical social worker or an alternate supervisor designated according to section 148E.120,
77.33subdivision 2.
77.34    Subd. 7. Limit on practice of clinical social work. (a) Except as provided in
77.35subdivision 8, a licensed graduate social worker must not engage in clinical social work
77.36practice under supervision for more than 8,000 hours. In order to practice clinical social
78.1work for more than 8,000 hours, a licensed graduate social worker must obtain a licensed
78.2independent clinical social worker license.
78.3    (b) Notwithstanding the requirements of paragraph (a), the board may grant a
78.4licensed graduate social worker permission to engage in clinical social work practice for
78.5more than 8,000 hours if the licensed graduate social worker petitions the board and
78.6demonstrates to the board's satisfaction that for reasons of personal hardship the licensed
78.7graduate social worker should be granted an extension to continue practicing clinical
78.8social work under supervision for up to an additional 2,000 hours.
78.9    Subd. 8. Eligibility to apply for licensure as a licensed independent social
78.10worker. Upon completion of 4,000 hours of clinical social work practice, including at
78.11least 1,800 hours of direct clinical client contact and 200 hours of supervision according to
78.12the requirements of this section, a licensed graduate social worker is eligible to apply for a
78.13licensed independent clinical social worker license under section 148E.115, subdivision 1.
78.14    Subd. 9. Attestation. A social worker and the social worker's supervisor must attest
78.15that the supervisee has met or has made progress on meeting the applicable supervision
78.16requirements according to section 148E.125, subdivision 2.

78.17    Sec. 85. [148E.110] LICENSED INDEPENDENT SOCIAL WORKERS;
78.18SUPERVISED PRACTICE.
78.19    Subdivision 1. Supervision required before licensure. Before becoming licensed
78.20as a licensed independent social worker, a person must have obtained at least 100 hours
78.21of supervision during 4,000 hours of postgraduate social work practice required by law
78.22according to the requirements of section 148E.105, subdivisions 3, 4, and 5. At least four
78.23hours of supervision must be obtained during every 160 hours of practice.
78.24    Subd. 2. Licensed independent social workers; clinical social work after
78.25licensure. After licensure, a licensed independent social worker must not engage in
78.26clinical social work practice except under supervision by a licensed independent clinical
78.27social worker or an alternate supervisor designated according to section 148E.120,
78.28subdivision 2 .
78.29    Subd. 3. Limit on practice of clinical social work. (a) Except as provided in
78.30paragraph (b), a licensed independent social worker must not engage in clinical social
78.31work practice under supervision for more than 8,000 hours. In order to practice clinical
78.32social work for more than 8,000 hours, a licensed independent social worker must obtain a
78.33licensed independent clinical social worker license.
78.34    (b) Notwithstanding the requirements of paragraph (a), the board may grant a
78.35licensed independent social worker permission to engage in clinical social work practice
79.1for more than 8,000 hours if the licensed independent social worker petitions the board
79.2and demonstrates to the board's satisfaction that for reasons of personal hardship the
79.3licensed independent social worker should be granted an extension to continue practicing
79.4clinical social work under supervision for up to an additional 2,000 hours.
79.5    Subd. 4. Licensed independent social workers who do not practice clinical
79.6social work after licensure. After licensure, a licensed independent social worker is not
79.7required to be supervised if the licensed independent social worker does not practice
79.8clinical social work.

79.9    Sec. 86. [148E.115] LICENSED INDEPENDENT CLINICAL SOCIAL
79.10WORKERS; SUPERVISION.
79.11    Subdivision 1. Supervision required before licensure. Before becoming licensed
79.12as a licensed independent clinical social worker, a person must have obtained at least 200
79.13hours of supervision during 4,000 hours of postgraduate clinical practice required by law
79.14according to the requirements of section 148E.106.
79.15    Subd. 2. No supervision required after licensure. After licensure, a licensed
79.16independent clinical social worker is not required to be supervised.

79.17    Sec. 87. [148E.120] REQUIREMENTS OF SUPERVISORS.
79.18    Subdivision 1. Supervisors licensed as social workers. (a) Except as provided in
79.19paragraph (b), to be eligible to provide supervision under this section, a social worker must:
79.20    (1) have at least 2,000 hours of experience in authorized social work practice. If
79.21the person is providing clinical supervision, the 2,000 hours must include 1,000 hours of
79.22experience in clinical practice;
79.23    (2) have completed 30 hours of training in supervision through coursework from
79.24an accredited college or university, or through continuing education in compliance with
79.25sections 148E.130 to 148E.170;
79.26    (3) be competent in the activities being supervised; and
79.27    (4) attest, on a form provided by the board, that the social worker has met the
79.28applicable requirements specified in this section and sections 148E.100 to 148E.115. The
79.29board may audit the information provided to determine compliance with the requirements
79.30of this section.
79.31    (b) If the board determines that supervision is not obtainable from an individual
79.32meeting the requirements specified in paragraph (a), the board may approve an alternate
79.33supervisor according to subdivision 2.
80.1    Subd. 2. Alternate supervisors. (a) The board may approve an alternate supervisor
80.2if:
80.3    (1) the board determines that supervision is not obtainable according to paragraph
80.4(b);
80.5    (2) the licensee requests in the supervision plan submitted according to section
80.6148E.125, subdivision 1, that an alternate supervisor conduct the supervision;
80.7    (3) the licensee describes the proposed supervision and the name and qualifications
80.8of the proposed alternate supervisor; and
80.9    (4) the requirements of paragraph (d) are met.
80.10    (b) The board may determine that supervision is not obtainable if:
80.11    (1) the licensee provides documentation as an attachment to the supervision plan
80.12submitted according to section 148E.125, subdivision 1, that the licensee has conducted a
80.13thorough search for a supervisor meeting the applicable licensure requirements specified
80.14in sections 148E.100 to 148E.115;
80.15    (2) the licensee demonstrates to the board's satisfaction that the search was
80.16unsuccessful; and
80.17    (3) the licensee describes the extent of the search and the names and locations of
80.18the persons and organizations contacted.
80.19    (c) The requirements specified in paragraph (b) do not apply to obtaining supervision
80.20for clinical practice if the board determines that there are five or fewer licensed
80.21independent clinical social workers in the county where the licensee practices social work.
80.22    (d) An alternate supervisor must:
80.23    (1) be an unlicensed social worker who is employed in, and provides the supervision
80.24in, a setting exempt from licensure by section 148E.065, and who has qualifications
80.25equivalent to the applicable requirements specified in sections 148E.100 to 148E.115;
80.26    (2) be a social worker engaged in authorized practice in Iowa, Manitoba, North
80.27Dakota, Ontario, South Dakota, or Wisconsin, and has the qualifications equivalent to the
80.28applicable requirements specified in sections 148E.100 to 148E.115; or
80.29    (3) be a licensed marriage and family therapist or a mental health professional
80.30as established by section 245.462, subdivision 18, or 245.4871, subdivision 27, or an
80.31equivalent mental health professional, as determined by the board, who is licensed or
80.32credentialed by a state, territorial, provincial, or foreign licensing agency.
80.33    In order to qualify to provide clinical supervision of a licensed graduate social
80.34worker or licensed independent social worker engaged in clinical practice, the alternate
80.35supervisor must be a mental health professional as established by section 245.462,
80.36subdivision 18 , or 245.4871, subdivision 27, or an equivalent mental health professional,
81.1as determined by the board, who is licensed or credentialed by a state, territorial,
81.2provincial, or foreign licensing agency.

81.3    Sec. 88. [148E.125] DOCUMENTATION OF SUPERVISION.
81.4    Subdivision 1. Supervision plan. (a) A social worker must submit, on a form
81.5provided by the board, a supervision plan for meeting the supervision requirements
81.6specified in sections 148E.100 to 148E.120.
81.7    (b) The supervision plan must be submitted no later than 90 days after the licensee
81.8begins a social work practice position after becoming licensed.
81.9    (c) For failure to submit the supervision plan within 90 days after beginning a social
81.10work practice position, a licensee must pay the supervision plan late fee specified in
81.11section 148E.180 when the licensee applies for license renewal.
81.12    (d) A license renewal application submitted according to paragraph (a) must not be
81.13approved unless the board has received a supervision plan.
81.14    (e) The supervision plan must include the following:
81.15    (1) the name of the supervisee, the name of the agency in which the supervisee is
81.16being supervised, and the supervisee's position title;
81.17    (2) the name and qualifications of the person providing the supervision;
81.18    (3) the number of hours of one-on-one in-person supervision and the number and
81.19type of additional hours of supervision to be completed by the supervisee;
81.20    (4) the supervisee's position description;
81.21    (5) a brief description of the supervision the supervisee will receive in the following
81.22content areas:
81.23    (i) clinical practice, if applicable;
81.24    (ii) development of professional social work knowledge, skills, and values;
81.25    (iii) practice methods;
81.26    (iv) authorized scope of practice;
81.27    (v) ensuring continuing competence; and
81.28    (vi) ethical standards of practice; and
81.29    (6) if applicable, a detailed description of the supervisee's clinical social work
81.30practice, addressing:
81.31    (i) the client population, the range of presenting issues, and the diagnoses;
81.32    (ii) the clinical modalities that were utilized; and
81.33    (iii) the process utilized for determining clinical diagnoses, including the diagnostic
81.34instruments used and the role of the supervisee in the diagnostic process.
82.1    (f) The board must receive a revised supervision plan within 90 days of any of the
82.2following changes:
82.3    (1) the supervisee has a new supervisor;
82.4    (2) the supervisee begins a new social work position;
82.5    (3) the scope or content of the supervisee's social work practice changes substantially;
82.6    (4) the number of practice or supervision hours changes substantially; or
82.7    (5) the type of supervision changes as supervision is described in section 148E.100,
82.8subdivision 3 , or 148E.105, subdivision 3, or as required in section 148E.115.
82.9    (g) For failure to submit a revised supervision plan as required in paragraph (f), a
82.10supervisee must pay the supervision plan late fee specified in section 148E.180, when
82.11the supervisee applies for license renewal.
82.12    (h) The board must approve the supervisor and the supervision plan.
82.13    Subd. 2. Attestation. (a) When a supervisee submits renewal application materials
82.14to the board, the supervisee and supervisor must submit an attestation providing the
82.15following information on a form provided by the board:
82.16    (1) the name of the supervisee, the name of the agency in which the supervisee is
82.17being supervised, and the supervisee's position title;
82.18    (2) the name and qualifications of the supervisor;
82.19    (3) the number of hours and dates of each type of supervision completed;
82.20    (4) the supervisee's position description;
82.21    (5) a declaration that the supervisee has not engaged in conduct in violation of the
82.22standards of practice specified in sections 148E.195 to 148E.240;
82.23    (6) a declaration that the supervisee has practiced competently and ethically
82.24according to professional social work knowledge, skills, and values; and
82.25    (7) a list of the content areas in which the supervisee has received supervision,
82.26including the following:
82.27    (i) clinical practice, if applicable;
82.28    (ii) development of professional social work knowledge, skills, and values;
82.29    (iii) practice methods;
82.30    (iv) authorized scope of practice;
82.31    (v) ensuring continuing competence; and
82.32    (vi) ethical standards of practice.
82.33    (b) The information provided on the attestation form must demonstrate to the board's
82.34satisfaction that the supervisee has met or has made progress on meeting the applicable
82.35supervised practice requirements.
83.1    Subd. 3. Verification of supervised practice. (a) In addition to receiving the
83.2attestation required under subdivision 2, the board must receive verification of supervised
83.3practice if:
83.4    (1) the board audits the supervision of a supervisee; or
83.5    (2) an applicant applies for a license as a licensed independent social worker or as a
83.6licensed independent clinical social worker.
83.7    (b) When verification of supervised practice is required according to paragraph (a),
83.8the board must receive from the supervisor the following information on a form provided
83.9by the board:
83.10    (1) the name of the supervisee, the name of the agency in which the supervisee is
83.11being supervised, and the supervisee's position title;
83.12    (2) the name and qualifications of the supervisor;
83.13    (3) the number of hours and dates of each type of supervision completed;
83.14    (4) the supervisee's position description;
83.15    (5) a declaration that the supervisee has not engaged in conduct in violation of the
83.16standards of practice specified in sections 148E.195 to 148E.240;
83.17    (6) a declaration that the supervisee has practiced ethically and competently
83.18according to professional social work knowledge, skills, and values;
83.19    (7) a list of the content areas in which the supervisee has received supervision,
83.20including the following:
83.21    (i) clinical practice, if applicable;
83.22    (ii) development of professional social work knowledge, skills, and values;
83.23    (iii) practice methods;
83.24    (iv) authorized scope of practice;
83.25    (v) ensuring continuing competence; and
83.26    (vi) ethical standards of practice; and
83.27    (8) if applicable, a detailed description of the supervisee's clinical social work
83.28practice, addressing:
83.29    (i) the client population, the range of presenting issues, and the diagnoses;
83.30    (ii) the clinical modalities that were utilized; and
83.31    (iii) the process utilized for determining clinical diagnoses, including the diagnostic
83.32instruments used and the role of the supervisee in the diagnostic process.
83.33    (c) The information provided on the verification form must demonstrate to the board's
83.34satisfaction that the supervisee has met the applicable supervised practice requirements.
83.35    Subd. 4. Alternative verification of supervised practice. Notwithstanding the
83.36requirements of subdivision 3, the board may accept alternative verification of supervised
84.1practice if a supervisee demonstrates to the satisfaction of the board that the supervisee is
84.2unable to locate a former supervisor to provide the required information.

84.3    Sec. 89. [148E.130] CLOCK HOURS REQUIRED.
84.4    Subdivision 1. Total clock hours required. At the time of license renewal, a
84.5licensee must provide evidence satisfactory to the board that the licensee has, during the
84.6renewal term, completed at least 40 clock hours of continuing education.
84.7    Subd. 2. Ethics requirement. At least two of the clock hours required under
84.8subdivision 1 must be in social work ethics.
84.9    Subd. 3. Requirement for LICSWs. For licensed independent clinical social
84.10workers, at least 24 of the clock hours required under subdivision 1 must be in the clinical
84.11content areas specified in section 148E.055, subdivision 5.
84.12    Subd. 4. Requirement for supervisors. For social workers providing supervision
84.13according to sections 148E.100 to 148E.125, at least six of the clock hours required under
84.14subdivision 1 must be in the practice of supervision.
84.15    Subd. 5. Independent study. Independent study must not consist of more than ten
84.16clock hours of continuing education per renewal term. Independent study must be for
84.17publication, public presentation, or professional development. Independent study includes,
84.18but is not limited to, electronic study. For purposes of subdivision 6, independent study
84.19includes consultation with an experienced supervisor regarding the practice of supervision.
84.20    Subd. 6. Coursework. One credit of coursework in a semester-based academic
84.21institution is the equivalent of 15 clock hours.
84.22    Subd. 7. Prorated renewal term. If the licensee's renewal term is prorated to be
84.23less or more than 24 months, the required number of continuing education clock hours is
84.24prorated proportionately.

84.25    Sec. 90. [148E.135] APPROVAL OF CLOCK HOURS.
84.26    Subdivision 1. Ways of approving clock hours. The clock hours required under
84.27section 148E.130 must be approved in one or more of the following ways:
84.28    (1) the hours must be offered by a continuing education provider approved by the
84.29board;
84.30    (2) the hours must be offered by a continuing education provider approved by the
84.31Association of Social Work Boards or a similar examination body designated by the board;
84.32    (3) the hours must be earned through a continuing education program approved by
84.33the National Association of Social Workers; or
85.1    (4) the hours must be earned through a continuing education program approved
85.2by the board.
85.3    Subd. 2. Preapproval not required. Providers and programs are not required to be
85.4preapproved but must meet the requirements specified in this section.

85.5    Sec. 91. [148E.140] VARIANCES.
85.6    The board may grant a variance to the continuing education requirements specified
85.7in section 148E.130, when a licensee demonstrates to the satisfaction of the board that the
85.8licensee is unable to complete the required number of clock hours during the renewal term.
85.9The board may allow a licensee to complete the required number of clock hours within a
85.10time frame specified by the board. The board must not allow a licensee to complete less
85.11than the required number of clock hours.

85.12    Sec. 92. [148E.145] CONTINUING EDUCATION PROVIDERS APPROVED
85.13BY BOARD.
85.14    Subdivision 1. Board approval. (a) The board must approve a continuing education
85.15provider who:
85.16    (1) submits a completed application to the board which provides the information
85.17required by subdivision 2 and which meets the criteria specified in subdivision 3; and
85.18    (2) pays the provider fee specified in section 148E.180.
85.19    (b) An approval is valid for programs offered no later than one year from the date
85.20the application is approved by the board.
85.21    Subd. 2. Information required. The information that must be provided to the board
85.22includes, but is not limited to, the following:
85.23    (1) the name of the continuing education provider;
85.24    (2) the address, telephone number, and e-mail address of a contact person for the
85.25provider;
85.26    (3) a signed statement that indicates the provider understands and agrees to abide by
85.27the criteria specified in subdivision 3; and
85.28    (4) a signed statement that indicates the provider agrees to furnish a certificate of
85.29attendance to each participant in a program offered by the provider.
85.30    Subd. 3. Criteria for programs. (a) A continuing education provider must employ
85.31the following criteria in determining whether to offer a continuing education program:
85.32    (1) whether the material to be presented will promote the standards of practice
85.33described in sections 148E.195 to 148E.240;
86.1    (2) whether the material to be presented will contribute to the practice of social work
86.2as defined in section 148E.010;
86.3    (3) whether the material to be presented is intended for the benefit of practicing
86.4social workers; and
86.5    (4) whether the persons presenting the program are qualified in the subject matter
86.6being presented.
86.7    (b) The material presented must not be primarily procedural or primarily oriented
86.8towards business practices or self-development.
86.9    Subd. 4. Audits. (a) The board may audit programs offered by a continuing
86.10education provider approved by the board to determine compliance with the requirements
86.11of this section.
86.12    (b) A continuing education provider audited by the board must provide the
86.13documentation specified in subdivision 5.
86.14    Subd. 5. Records retention; continuing education providers. For three years
86.15following the end of each program offered by a continuing education provider, the
86.16provider must maintain the following information:
86.17    (1) the title of the program;
86.18    (2) a description of the content and objectives of the program;
86.19    (3) the date of the program;
86.20    (4) the number of clock hours credited for participation in the program;
86.21    (5) the program location;
86.22    (6) the names and qualifications of the primary presenters;
86.23    (7) a description of the primary audience the program was designed for; and
86.24    (8) a list of the participants in the program.

86.25    Sec. 93. [148E.150] APPROVED CONTINUING EDUCATION PROVIDERS.
86.26    In order to receive credit for a program offered by a continuing education provider
86.27approved by the Association of Social Work Boards or a similar examination body
86.28designated by the board, the provider must be listed on the Association of Social Work
86.29Boards Web site as a provider currently approved by the Association of Social Work
86.30Boards or a similar examination body designated by the board.

86.31    Sec. 94. [148E.155] APPROVED CONTINUING EDUCATION PROGRAMS.
86.32    In order to receive credit for a program approved by the National Association of
86.33Social Workers, the program must be listed on the National Association of Social Workers
86.34Web site as a program currently approved by the National Association of Social Workers.

87.1    Sec. 95. [148E.160] CONTINUING EDUCATION PROGRAMS APPROVED
87.2BY BOARD.
87.3    Subdivision 1. Required program content. In order to be approved by the board, a
87.4continuing education program must:
87.5    (1) promote the standards of practice described in sections 148E.195 to 148E.240;
87.6    (2) contribute to the practice of social work as defined in section 148E.010; and
87.7    (3) not be primarily procedural or be primarily oriented towards business practices
87.8or self-development.
87.9    Subd. 2. Types of continuing education programs. In order to be approved by
87.10the board, a continuing education program must be one of the following: academic
87.11coursework offered by an institution of higher learning; educational workshops, seminars,
87.12or conferences offered by an organization or individual; staff training offered by a public
87.13or private employer; or independent study.

87.14    Sec. 96. [148E.165] CONTINUING EDUCATION REQUIREMENTS OF
87.15LICENSEES.
87.16    Subdivision 1. Records retention; licensees. For one year following the expiration
87.17date of a license, the licensee must maintain documentation of clock hours earned during
87.18the previous renewal term. The documentation must include the following:
87.19    (1) for educational workshops or seminars offered by an organization or at a
87.20conference, a copy of the certificate of attendance issued by the presenter or sponsor
87.21giving the following information:
87.22    (i) the name of the sponsor or presenter of the program;
87.23    (ii) the title of the workshop or seminar;
87.24    (iii) the dates the licensee participated in the program; and
87.25    (iv) the number of clock hours completed;
87.26    (2) for academic coursework offered by an institution of higher learning, a copy of a
87.27transcript giving the following information:
87.28    (i) the name of the institution offering the course;
87.29    (ii) the title of the course;
87.30    (iii) the dates the licensee participated in the course; and
87.31    (iv) the number of credits completed;
87.32    (3) for staff training offered by public or private employers, a copy of the certificate
87.33of attendance issued by the employer giving the following information:
87.34    (i) the name of the employer;
87.35    (ii) the title of the staff training;
88.1    (iii) the dates the licensee participated in the program; and
88.2    (iv) the number of clock hours completed; and
88.3    (4) for independent study, including electronic study, a written summary of the study
88.4conducted, including the following information:
88.5    (i) the topics studied;
88.6    (ii) a description of the applicability of the study to the licensee's authorized scope of
88.7practice;
88.8    (iii) the titles and authors of books and articles consulted or the name of the
88.9organization offering the study;
88.10    (iv) the dates the licensee conducted the study; and
88.11    (v) the number of clock hours the licensee conducted the study.
88.12    Subd. 2. Audits. The board may audit license renewal and reactivation applications
88.13to determine compliance with the requirements of sections 148E.130 to 148E.170. A
88.14licensee audited by the board must provide the documentation specified in subdivision
88.151 regardless of whether the provider or program has been approved by the board, the
88.16Association of Social Work Boards, or a similar examination body designated by the
88.17board, or the National Association of Social Workers.

88.18    Sec. 97. [148E.170] REVOCATION OF CONTINUING EDUCATION
88.19APPROVALS.
88.20    The board may revoke approval of a provider or of a program offered by a provider,
88.21or of an individual program approved by the board, if the board determines subsequent
88.22to the approval that the provider or program failed to meet the requirements of sections
88.23148E.130 to 148E.170.

88.24    Sec. 98. [148E.175] FEES.
88.25    The fees specified in section 148E.180 are nonrefundable and must be deposited in
88.26the state government special revenue fund.

88.27    Sec. 99. [148E.180] FEE AMOUNTS.
88.28    Subdivision 1. Application fees. Application fees for licensure are as follows:
88.29    (1) for a licensed social worker, $45;
88.30    (2) for a licensed graduate social worker, $45;
88.31    (3) for a licensed independent social worker, $90;
88.32    (4) for a licensed independent clinical social worker, $90;
88.33    (5) for a temporary license, $50; and
89.1    (6) for a licensure by endorsement, $150.
89.2    The fee for criminal background checks is the fee charged by the Bureau of Criminal
89.3Apprehension. The criminal background check fee must be included with the application
89.4fee as required according to section 148E.055.
89.5    Subd. 2. License fees. License fees are as follows:
89.6    (1) for a licensed social worker, $115.20;
89.7    (2) for a licensed graduate social worker, $201.60;
89.8    (3) for a licensed independent social worker, $302.40;
89.9    (4) for a licensed independent clinical social worker, $331.20;
89.10    (5) for an emeritus license, $43.20; and
89.11    (6) for a temporary leave fee, the same as the renewal fee specified in subdivision 3.
89.12    If the licensee's initial license term is less or more than 24 months, the required
89.13license fees must be prorated proportionately.
89.14    Subd. 3. Renewal fees. Renewal fees for licensure are as follows:
89.15    (1) for a licensed social worker, $115.20;
89.16    (2) for a licensed graduate social worker, $201.60;
89.17    (3) for a licensed independent social worker, $302.40; and
89.18    (4) for a licensed independent clinical social worker, $331.20.
89.19    Subd. 4. Continuing education provider fees. Continuing education provider
89.20fees are as follows:
89.21    (1) for a provider who offers programs totaling one to eight clock hours in a one-year
89.22period according to section 148E.145, $50;
89.23    (2) for a provider who offers programs totaling nine to 16 clock hours in a one-year
89.24period according to section 148E.145, $100;
89.25    (3) for a provider who offers programs totaling 17 to 32 clock hours in a one-year
89.26period according to section 148E.145, $200;
89.27    (4) for a provider who offers programs totaling 33 to 48 clock hours in a one-year
89.28period according to section 148E.145, $400; and
89.29    (5) for a provider who offers programs totaling 49 or more clock hours in a one-year
89.30period according to section 148E.145, $600.
89.31    Subd. 5. Late fees. Late fees are as follows:
89.32    (1) renewal late fee, one-half of the renewal fee specified in subdivision 3; and
89.33    (2) supervision plan late fee, $40.
89.34    Subd. 6. License cards and wall certificates. (a) The fee for a license card as
89.35specified in section 148E.095 is $10.
89.36    (b) The fee for a license wall certificate as specified in section 148E.095 is $30.
90.1    Subd. 7. Reactivation fees. Reactivation fees are as follows:
90.2    (1) reactivation from a temporary leave or emeritus status, the prorated share of the
90.3renewal fee specified in subdivision 3; and
90.4    (2) reactivation of an expired license, 1-1/2 times the renewal fees specified in
90.5subdivision 3.

90.6    Sec. 100. [148E.185] PURPOSE OF COMPLIANCE LAWS.
90.7    The purpose of sections 148E.185 to 148E.290 is to protect the public by ensuring
90.8that all persons licensed as social workers meet minimum standards of practice. The
90.9board shall promptly and fairly investigate and resolve all complaints alleging violations
90.10of statutes and rules that the board is empowered to enforce and (1) take appropriate
90.11disciplinary action, adversarial action, or other action justified by the facts, or (2) enter
90.12into corrective action agreements or stipulations to cease practice, when doing so is
90.13consistent with the board's obligation to protect the public.

90.14    Sec. 101. [148E.190] GROUNDS FOR ACTION.
90.15    Subdivision 1. Scope. The grounds for action in subdivisions 2 to 4 and the
90.16standards of practice requirements in sections 148E.195 to 148E.240 apply to all licensees
90.17and applicants.
90.18    Subd. 2. Violations. The board has grounds to take action according to sections
90.19148E.255 to 148E.270 when a social worker violates:
90.20    (1) a statute or rule enforced by the board, including this section and sections
90.21148E.195 to 148E.240;
90.22    (2) a federal or state law or rule related to the practice of social work; or
90.23    (3) an order, stipulation, or agreement agreed to or issued by the board.
90.24    Subd. 3. Conduct before licensure. A violation of the requirements specified in this
90.25section and sections 148E.195 to 148E.240 is grounds for the board to take action under
90.26sections 148E.255 to 148E.270. The board's jurisdiction to exercise the powers provided in
90.27this section extends to an applicant or licensee's conduct that occurred before licensure if:
90.28    (1) the conduct did not meet the minimum accepted and prevailing standards of
90.29professional social work practice at the time the conduct occurred; or
90.30    (2) the conduct adversely affects the applicant or licensee's present ability to practice
90.31social work in conformity with the requirements of sections 148E.195 to 148E.240.
90.32    Subd. 4. Unauthorized practice. The board has grounds to take action according
90.33to sections 148E.255 to 148E.270 when a social worker:
90.34    (1) practices outside the scope of practice authorized by section 148E.050;
91.1    (2) engages in the practice of social work without a social work license under
91.2section 148E.055 or 148E.060, except when the social worker is exempt from licensure
91.3under section 148E.065;
91.4    (3) provides social work services to a client who receives social work services in
91.5this state, and is not licensed under section 148E.055 or 148E.060, except when the social
91.6worker is exempt from licensure under section 148E.065.

91.7    Sec. 102. [148E.195] REPRESENTATIONS TO CLIENTS AND PUBLIC.
91.8    Subdivision 1. Required displays and information for clients. (a) A social worker
91.9must conspicuously display at the social worker's places of practice, or make available as
91.10a handout for all clients, information that the client has the right to the following:
91.11    (1) to be informed of the social worker's license status, education, training, and
91.12experience;
91.13    (2) to examine public data on the social worker maintained by the board;
91.14    (3) to report a complaint about the social worker's practice to the board; and
91.15    (4) to be informed of the board's mailing address, e-mail address, Web site address,
91.16and telephone number.
91.17    (b) A social worker must conspicuously display the social worker's wall certificate at
91.18the social worker's places of practice and office locations. Additional wall certificates may
91.19be requested according to section 148E.095.
91.20    Subd. 2. Representations. (a) No applicant or other individual may be represented
91.21to the public by any title incorporating the words "social work" or "social worker" unless
91.22the individual holds a license according to sections 148E.055 and 148E.060 or practices in
91.23a setting exempt from licensure according to section 148E.065.
91.24    (b) In all professional use of a social worker's name, the social worker must use
91.25the license designation "LSW" or "licensed social worker" for a licensed social worker,
91.26"LGSW" or "licensed graduate social worker" for a licensed graduate social worker,
91.27"LISW" or "licensed independent social worker" for a licensed independent social worker,
91.28or "LICSW" or "licensed independent clinical social worker" for a licensed independent
91.29clinical social worker.
91.30    (c) Public statements or advertisements must not be untruthful, misleading, false,
91.31fraudulent, deceptive, or potentially exploitative of clients, former clients, interns,
91.32students, supervisees, or the public.
91.33    (d) A social worker must not:
91.34    (1) use licensure status as a claim, promise, or guarantee of successful service;
91.35    (2) obtain a license by cheating or employing fraud or deception;
92.1    (3) make false statements or misrepresentations to the board or in materials
92.2submitted to the board; or
92.3    (4) engage in conduct that has the potential to deceive or defraud a social work
92.4client, intern, student, supervisee, or the public.
92.5    Subd. 3. Information on credentials. (a) A social worker must provide accurate
92.6and factual information concerning the social worker's credentials, education, training,
92.7and experience when the information is requested by clients, potential clients, or other
92.8persons or organizations.
92.9    (b) A social worker must not misrepresent directly or by implication the social
92.10worker's license, degree, professional certifications, affiliations, or other professional
92.11qualifications in any oral or written communications to clients, potential clients, or other
92.12persons or organizations. A social worker must take reasonable steps to prevent such
92.13misrepresentations by other social workers.
92.14    (c) A social worker must not hold out as a person licensed as a social worker without
92.15having a social work license according to sections 148E.055 and 148E.060.
92.16    (d) A social worker must not misrepresent directly or by implication (1) affiliations
92.17with institutions or organizations, or (2) purposes or characteristics of institutions or
92.18organizations with which the social worker is or has been affiliated.

92.19    Sec. 103. [148E.200] COMPETENCE.
92.20    Subdivision 1. Competence. (a) A social worker must provide services and hold
92.21out as competent only to the extent the social worker's education, training, license,
92.22consultation received, supervision experience, or other relevant professional experience
92.23demonstrate competence in the services provided. A social worker must make a referral
92.24to a competent professional when the services required are beyond the social worker's
92.25competence or authorized scope of practice.
92.26    (b) When generally recognized standards do not exist with respect to an emerging
92.27area of practice, including but not limited to providing social work services through
92.28electronic means, a social worker must take the steps necessary, such as consultation or
92.29supervision, to ensure the competence of the social worker's work and to protect clients
92.30from harm.
92.31    Subd. 2. Supervision or consultation. Notwithstanding the completion of
92.32supervision requirements as specified in sections 148E.100 to 148E.125, a social worker
92.33must obtain supervision or engage in consultation when appropriate or necessary for
92.34competent and ethical practice.
93.1    Subd. 3. Delegation of social work responsibilities. (a) A social worker must not
93.2delegate a social work responsibility to another individual when the social worker knows
93.3or reasonably should know that the individual is not licensed when required to be licensed
93.4according to sections 148E.055 and 148E.060.
93.5    (b) A social worker must not delegate a social work responsibility to another
93.6individual when the social worker knows or reasonably should know that the individual is
93.7not competent to assume the responsibility or perform the task.

93.8    Sec. 104. [148E.205] IMPAIRMENT.
93.9    Subdivision 1. Grounds for action. The board has grounds to take action under
93.10sections 148E.255 to 148E.270 when a social worker is unable to practice with reasonable
93.11skill and safety by reason of illness, use of alcohol, drugs, chemicals, or any other
93.12materials, or as a result of any mental, physical, or psychological condition.
93.13    Subd. 2. Self-reporting. A social worker regulated by the board who is unable
93.14to practice with reasonable skill and safety by reason of illness, use of alcohol, drugs,
93.15chemicals, or any other materials, or as a result of any mental, physical, or psychological
93.16condition, must report to the board or the health professionals services program.

93.17    Sec. 105. [148E.210] PROFESSIONAL AND ETHICAL CONDUCT.
93.18    The board has grounds to take action under sections 148E.255 to 148E.270 when a
93.19social worker:
93.20    (1) engages in unprofessional or unethical conduct, including any departure from
93.21or failure to conform to the minimum accepted ethical and other prevailing standards of
93.22professional social work practice, without actual injury to a social work client, intern,
93.23student, supervisee, or the public needing to be established;
93.24    (2) engages in conduct that has the potential to cause harm to a client, intern,
93.25student, supervisee, or the public;
93.26    (3) demonstrates a willful or careless disregard for the health, welfare, or safety of
93.27a client, intern, student, or supervisee; or
93.28    (4) engages in acts or conduct adversely affecting the applicant or licensee's current
93.29ability or fitness to engage in social work practice, whether or not the acts or conduct
93.30occurred while engaged in the practice of social work.

93.31    Sec. 106. [148E.215] RESPONSIBILITIES TO CLIENTS.
94.1    Subdivision 1. Responsibility to clients. A social worker's primary professional
94.2responsibility is to the client. A social worker must respect the client's interests, including
94.3the interest in self-determination, except when required to do otherwise by law.
94.4    Subd. 2. Nondiscrimination. A social worker must not discriminate against
94.5a client, intern, student, or supervisee or in providing services to a client, intern, or
94.6supervisee on the basis of age, gender, sexual orientation, race, color, national origin,
94.7religion, illness, disability, political affiliation, or social or economic status.
94.8    Subd. 3. Research. When undertaking research activities, a social worker must
94.9use accepted protocols for the protection of human subjects, including (1) establishing
94.10appropriate safeguards to protect the subject's vulnerability, and (2) obtaining the subjects'
94.11informed consent.

94.12    Sec. 107. [148E.220] RELATIONSHIPS WITH CLIENTS, FORMER CLIENTS,
94.13AND OTHERS.
94.14    Subdivision 1. Social worker responsibility. (a) A social worker is responsible for
94.15acting professionally in relationships with clients or former clients. A client or a former
94.16client's initiation of, or attempt to engage in, or request to engage in, a personal, sexual, or
94.17business relationship is not a defense to a violation of this section.
94.18    (b) When a relationship is permitted by this section, social workers who engage in
94.19such a relationship assume the full burden of demonstrating that the relationship will not
94.20be detrimental to the client or the professional relationship.
94.21    Subd. 2. Professional boundaries. A social worker must maintain appropriate
94.22professional boundaries with a client. A social worker must not engage in practices with
94.23clients that create an unacceptable risk of client harm or of impairing a social worker's
94.24objectivity or professional judgment. A social worker must not act or fail to act in a way
94.25that, as judged by a reasonable and prudent social worker, inappropriately encourages
94.26the client to relate to the social worker outside of the boundaries of the professional
94.27relationship, or in a way that interferes with the client's ability to benefit from social work
94.28services from the social worker.
94.29    Subd. 3. Misuse of professional relationship. A social worker must not use the
94.30professional relationship with a client, student, supervisee, or intern to further the social
94.31worker's personal, emotional, financial, sexual, religious, political, or business benefit or
94.32interests.
94.33    Subd. 4. Improper termination. A social worker must not terminate a professional
94.34relationship for the purpose of beginning a personal, sexual, or business relationship
94.35with a client.
95.1    Subd. 5. Personal relationship with a client. (a) Except as provided in paragraph
95.2(b), a social worker must not engage in a personal relationship with a client that creates a
95.3risk of client harm or of impairing a social worker's objectivity or professional judgment.
95.4    (b) Notwithstanding paragraph (a), if a social worker is unable to avoid a personal
95.5relationship with a client, the social worker must take appropriate precautions, such as
95.6consultation or supervision, to address the potential for risk of client harm or of impairing
95.7a social worker's objectivity or professional judgment.
95.8    Subd. 6. Personal relationship with a former client. A social worker may
95.9engage in a personal relationship with a former client after appropriate termination of the
95.10professional relationship, except:
95.11    (1) as prohibited by subdivision 8; or
95.12    (2) if a reasonable and prudent social worker would conclude after appropriate
95.13assessment that (i) the former client is emotionally dependent on the social worker or
95.14continues to relate to the social worker as a client, or (ii) the social worker is emotionally
95.15dependent on the client or continues to relate to the former client as a social worker.
95.16    Subd. 7. Sexual conduct with a client. A social worker must not engage in or
95.17suggest sexual conduct with a client.
95.18    Subd. 8. Sexual conduct with a former client. (a) A social worker who has
95.19engaged in diagnosing, counseling, or treating a client with mental, emotional, or
95.20behavioral disorders must not engage in or suggest sexual conduct with the former client
95.21under any circumstances for a period of two years following the termination of the
95.22professional relationship. After two years following the termination of the professional
95.23relationship, a social worker who has engaged in diagnosing, counseling, or treating
95.24a client with a mental, emotional, or behavioral disorder must not engage in or suggest
95.25sexual conduct with the former client under any circumstances unless:
95.26    (1) the social worker did not intentionally or unintentionally coerce, exploit, deceive,
95.27or manipulate the former client at any time;
95.28    (2) the social worker did not represent to the former client that sexual conduct with
95.29the social worker is consistent with or part of the client's treatment;
95.30    (3) the social worker's sexual conduct was not detrimental to the former client at
95.31any time;
95.32    (4) the former client is not emotionally dependent on the social worker and does
95.33not continue to relate to the social worker as a client; and
95.34    (5) the social worker is not emotionally dependent on the client and does not
95.35continue to relate to the former client as a social worker.
96.1    (b) If there is an alleged violation of paragraph (a), the social worker assumes the
96.2full burden of demonstrating to the board that the social worker did not intentionally or
96.3unintentionally coerce, exploit, deceive, or manipulate the client, and the social worker's
96.4sexual conduct was not detrimental to the client at any time. Upon request, a social worker
96.5must provide information to the board addressing:
96.6    (1) the amount of time that has passed since termination of services;
96.7    (2) the duration, intensity, and nature of services;
96.8    (3) the circumstances of termination of services;
96.9    (4) the former client's emotional, mental, and behavioral history;
96.10    (5) the former client's current emotional, mental, and behavioral status;
96.11    (6) the likelihood of adverse impact on the former client; and
96.12    (7) the existence of actions, conduct, or statements made by the social worker during
96.13the course of services suggesting or inviting the possibility of a sexual relationship with
96.14the client following termination of services.
96.15    (c) A social worker who has provided social work services other than those
96.16described in paragraph (a) to a client must not engage in or suggest sexual conduct
96.17with the former client if a reasonable and prudent social worker would conclude after
96.18appropriate assessment that engaging in such behavior with the former client would create
96.19an unacceptable risk of harm to the former client.
96.20    Subd. 9. Sexual conduct with student, supervisee, or intern. (a) A social worker
96.21must not engage in or suggest sexual conduct with a student while the social worker has
96.22authority over any part of the student's academic program.
96.23    (b) A social worker supervising an intern must not engage in or suggest sexual
96.24conduct with the intern during the course of the internship.
96.25    (c) A social worker practicing social work as a supervisor must not engage in or
96.26suggest sexual conduct with a supervisee during the period of supervision.
96.27    Subd. 10. Sexual harassment. A social worker must not engage in any physical,
96.28oral, written, or electronic behavior that a client, former client, student, supervisee, or
96.29intern may reasonably interpret as sexually harassing or sexually demeaning.
96.30    Subd. 11. Business relationship with client. A social worker must not purchase
96.31goods or services from a client or otherwise engage in a business relationship with a
96.32client except when:
96.33    (1) a social worker purchases goods or services from the client and a reasonable and
96.34prudent social worker would determine that it is not practical or reasonable to obtain the
96.35goods or services from another provider; and
97.1    (2) engaging in the business relationship will not be detrimental to the client or the
97.2professional relationship.
97.3    Subd. 12. Business relationship with former client. A social worker may purchase
97.4goods or services from a former client or otherwise engage in a business relationship with
97.5a former client after appropriate termination of the professional relationship unless a
97.6reasonable and prudent social worker would conclude after appropriate assessment that:
97.7    (1) the former client is emotionally dependent on the social worker and purchasing
97.8goods or services from the former client or otherwise engaging in a business relationship
97.9with the former client would be detrimental to the former client; or
97.10    (2) the social worker is emotionally dependent on the former client and purchasing
97.11goods or services from the former client or otherwise engaging in a business relationship
97.12with the former client would be detrimental to the former client.
97.13    Subd. 13. Previous sexual, personal, or business relationship. (a) A social worker
97.14must not engage in a social worker/client relationship with an individual with whom the
97.15social worker had a previous sexual relationship.
97.16    (b) A social worker must not engage in a social worker/client relationship with an
97.17individual with whom the social worker had a previous personal or business relationship if
97.18a reasonable and prudent social worker would conclude after appropriate assessment that
97.19the social worker/client relationship would create an unacceptable risk of client harm or
97.20that the social worker's objectivity or professional judgment may be impaired.
97.21    Subd. 14. Giving alcohol or other drugs to client. (a) Unless authorized by law, a
97.22social worker must not offer medication or controlled substances to a client.
97.23    (b) A social worker must not accept medication or controlled substances from
97.24a client, except that if authorized by law, a social worker may accept medication or
97.25controlled substances from a client for purposes of disposal or to monitor use.
97.26    (c) A social worker must not offer alcoholic beverages to a client except when
97.27the offer is authorized or prescribed by a physician or is offered according to a client's
97.28care plan.
97.29    (d) A social worker must not accept alcoholic beverages from a client.
97.30    Subd. 15. Relationship with client's family or household member. Subdivisions
97.311 to 14 apply to a social worker's relationship with a client's family or household member
97.32when a reasonable and prudent social worker would conclude after appropriate assessment
97.33that a relationship with a family or household member would create an unacceptable
97.34risk of harm to the client.

97.35    Sec. 108. [148E.225] TREATMENT AND INTERVENTION SERVICES.
98.1    Subdivision 1. Assessment or diagnosis. A social worker must base treatment and
98.2intervention services on an assessment or diagnosis. A social worker must evaluate, on an
98.3ongoing basis, the appropriateness of the assessment or diagnosis.
98.4    Subd. 2. Assessment or diagnostic instruments. A social worker must not use
98.5an assessment or diagnostic instrument without adequate training. A social worker
98.6must follow standards and accepted procedures for using an assessment or diagnostic
98.7instrument. A social worker must inform a client of the purpose before administering the
98.8instrument and must make the results available to the client.
98.9    Subd. 3. Plan for services. A social worker must develop a plan for services that
98.10includes goals based on the assessment or diagnosis. A social worker must evaluate, on an
98.11ongoing basis, the appropriateness of the plan and the client's progress toward the goals.
98.12    Subd. 4. Records. (a) A social worker must make and maintain current and
98.13accurate records, appropriate to the circumstances, of all services provided to a client. At
98.14a minimum, the records must contain documentation of:
98.15    (1) the assessment or diagnosis;
98.16    (2) the content of the service plan;
98.17    (3) progress with the plan and any revisions of assessment, diagnosis, or plan;
98.18    (4) any fees charged and payments made;
98.19    (5) copies of all client-written authorizations for release of information; and
98.20    (6) other information necessary to provide appropriate services.
98.21    (b) These records must be maintained by the social worker for at least seven years
98.22after the last date of service to the client. Social workers who are employed by an agency
98.23or other entity are not required to:
98.24    (1) maintain personal or separate records; or
98.25    (2) personally retain records at the conclusion of their employment.
98.26    Subd. 5. Termination of services. A social worker must terminate a professional
98.27relationship with a client when the social worker reasonably determines that the client
98.28is not likely to benefit from continued services or the services are no longer needed,
98.29unless the social worker is required by law to provide services. A social worker who
98.30anticipates terminating services must give reasonable notice to the client in a manner that
98.31is appropriate to the needs of the client. The social worker must provide appropriate
98.32referrals as needed or upon request of the client.

98.33    Sec. 109. [148E.230] CONFIDENTIALITY AND RECORDS.
98.34    Subdivision 1. Informed consent. (a) A social worker must obtain valid, informed
98.35consent, appropriate to the circumstances, before providing services to clients. When
99.1obtaining informed consent, the social worker must determine whether the client has the
99.2capacity to provide informed consent. If the client does not have the capacity to provide
99.3consent, the social worker must obtain consent for the services from the client's legal
99.4representative. The social worker must not provide services, unless authorized or required
99.5by law, if the client or the client's legal representative does not consent to the services.
99.6    (b) If a social worker determines that a client does not have the capacity to provide
99.7consent, and the client does not have a legal representative, the social worker:
99.8    (1) must, except as provided in clause (2), secure a legal representative for a client
99.9before providing services; or
99.10    (2) may, notwithstanding clause (1), provide services, except when prohibited by
99.11other applicable law, that are necessary to ensure the client's safety or to preserve the
99.12client's property or financial resources.
99.13    (c) A social worker must use clear and understandable language, including using an
99.14interpreter proficient in the client's primary language as necessary, to inform clients of
99.15the plan of services, risks related to the plan, limits to services, relevant costs, terms of
99.16payment, reasonable alternatives, the client's right to refuse or withdraw consent, and the
99.17time frame covered by the consent.
99.18    Subd. 2. Mandatory reporting and disclosure of client information. At the
99.19beginning of a professional relationship and during the professional relationship as
99.20necessary and appropriate, a social worker must inform the client of those circumstances
99.21under which the social worker may be required to disclose client information specified in
99.22subdivision 3, paragraph (a), without the client's consent.
99.23    Subd. 3. Confidentiality of client information. (a) A social worker must ensure the
99.24confidentiality of all client information obtained in the course of the social worker/client
99.25relationship and all client information otherwise obtained by the social worker that is
99.26relevant to the social worker/client relationship. Except as provided in this section,
99.27client information may be disclosed or released only with the client's or the client's legal
99.28representative's valid informed consent, appropriate to the circumstances, except when
99.29otherwise required by law. A social worker must seek consent to disclose or release
99.30client information only when such disclosure or release is necessary to provide social
99.31work services.
99.32    (b) A social worker must continue to maintain confidentiality of the client
99.33information specified in paragraph (a) upon termination of the professional relationship
99.34including upon the death of the client, except as provided under this section or other
99.35applicable law.
100.1    (c) A social worker must limit access to the client information specified in paragraph
100.2(a) in a social worker's agency to appropriate agency staff whose duties require access.
100.3    Subd. 4. Release of client information with written informed consent. (a) Except
100.4as provided in subdivision 5, client information specified in subdivision 3, paragraph (a),
100.5may be released only with the client's or the client's legal representative's written informed
100.6consent. The written informed consent must:
100.7    (1) explain to whom the client's records may be released;
100.8    (2) explain the purpose for the release; and
100.9    (3) state an expiration date for the authorized release of the records.
100.10    (b) A social worker may provide client information specified in subdivision 3,
100.11paragraph (a), to a third party for the purpose of payment for services rendered only
100.12with the client's written informed consent.
100.13    (c) Except as provided in subdivision 5, a social worker may disclose client
100.14information specified in subdivision 3, paragraph (a), only with the client's or the client's
100.15legal representative's written informed consent. When it is not practical to obtain written
100.16informed consent before providing necessary services, a social worker may disclose
100.17or release client information with the client's or the client's legal representative's oral
100.18informed consent.
100.19    (d) Unless otherwise authorized by law, a social worker must obtain a client's written
100.20informed consent before taking a photograph of the client or making an audio or video
100.21recording of the client, or allowing a third party to do the same. The written informed
100.22consent must explain:
100.23    (1) the purpose of the photograph or the recording and how the photograph or
100.24recording will be used, how it will be stored, and when it will be destroyed; and
100.25    (2) how the client may have access to the photograph or recording.
100.26    Subd. 5. Release of client information without written informed consent. (a) A
100.27social worker may disclose client information specified in subdivision 3, paragraph (a),
100.28without the written consent of the client or the client's legal representative only under the
100.29following circumstances or under the circumstances described in paragraph (b):
100.30    (1) when mandated or authorized by federal or state law, including the mandatory
100.31reporting requirements under the duty to warn, maltreatment of minors, and vulnerable
100.32adult laws specified in section 148E.240, subdivisions 6 to 8;
100.33    (2) when the board issues a subpoena to the social worker; or
100.34    (3) when a court of competent jurisdiction orders release of the client records
100.35or information.
101.1    (b) When providing services authorized or required by law to a client who does
101.2not have the capacity to provide consent and who does not have a legal representative,
101.3a social worker must disclose or release client records or information as necessary to
101.4provide services to ensure the client's safety or to preserve the client's property or financial
101.5resources.
101.6    Subd. 6. Release of client records or information. When releasing client records
101.7or information under this section, a social worker must release current, accurate, and
101.8complete records or information.

101.9    Sec. 110. [148E.235] FEES AND BILLING PRACTICES.
101.10    Subdivision 1. Fees and payments. (a) A social worker must ensure that a client or
101.11a client's legal representative is informed of all fees at the initial session or meeting with
101.12the client, and that payment for services is arranged with the client or the client's legal
101.13representative at the beginning of the professional relationship. Upon request from a client
101.14or a client's legal representative, a social worker must provide in a timely manner a written
101.15payment plan or a written explanation of the charges for any services rendered.
101.16    (b) When providing services authorized or required by law to a client who does not
101.17have the capacity to provide consent and who does not have a legal representative, a social
101.18worker may submit reasonable bills to an appropriate payer for services provided.
101.19    Subd. 2. Billing for services not provided. A social worker must not bill for
101.20services that have not been provided except that, with prior notice to the client, a social
101.21worker may bill for failed appointments or for cancellations without sufficient notice. A
101.22social worker may bill only for provided services which are necessary and appropriate.
101.23Financial responsibility for failed appointment billings resides solely with the client and
101.24such costs may not be billed to public or private payers.
101.25    Subd. 3. No payment for referrals. A social worker must not accept or give a
101.26commission, rebate, or other form of remuneration solely or primarily to profit from the
101.27referral of a client.
101.28    Subd. 4. Fees and billing practices. A social worker must not engage in improper
101.29or fraudulent billing practices, including, but not limited to, violations of the federal
101.30Medicare and Medicaid laws or state medical assistance laws.

101.31    Sec. 111. [148E.240] REPORTING REQUIREMENTS.
101.32    Subdivision 1. Failure to self-report adverse actions. The board has grounds to
101.33take action under sections 148E.255 to 148E.270 when a social worker fails to report to
101.34the board within 90 days:
102.1    (1) having been disciplined, sanctioned, or found to have violated a state, territorial,
102.2provincial, or foreign licensing agency's laws or rules;
102.3    (2) having been convicted of committing a felony, gross misdemeanor, or
102.4misdemeanor reasonably related to the practice of social work;
102.5    (3) having had a finding or verdict of guilt, whether or not the adjudication of guilt
102.6is withheld or not entered, of committing a felony, gross misdemeanor, or misdemeanor
102.7reasonably related to the practice of social work;
102.8    (4) having admitted to committing, or entering a no contest plea to committing, a
102.9felony, gross misdemeanor, or misdemeanor reasonably related to the practice of social
102.10work; or
102.11    (5) having been denied licensure by a state, territorial, provincial, or foreign
102.12licensing agency.
102.13    Subd. 2. Failure to submit application information. The board has grounds to
102.14take action under sections 148E.255 to 148E.270 when an applicant or licensee fails to
102.15submit with an application the following information:
102.16    (1) the dates and dispositions of any malpractice settlements or awards made relating
102.17to the social work services provided by the applicant or licensee; or
102.18    (2) the dates and dispositions of any civil litigations or arbitrations relating to the
102.19social work services provided by the applicant or licensee.
102.20    Subd. 3. Reporting other licensed health professionals. An applicant or licensee
102.21must report to the appropriate health-related licensing board conduct by a licensed health
102.22professional which would constitute grounds for disciplinary action under the statutes
102.23and rules enforced by that board.
102.24    Subd. 4. Reporting unlicensed practice. An applicant or licensee must report
102.25to the board conduct by an unlicensed person which constitutes the practice of social
102.26work, as defined in section 148E.010, except when the unlicensed person is exempt from
102.27licensure according to section 148E.065.
102.28    Subd. 5. Failure to report other applicants or licensees; unlicensed practice.
102.29    The board has grounds to take action under sections 148E.255 to 148E.270 when an
102.30applicant or licensee fails to report to the board conduct:
102.31    (1) by another licensee or applicant which the applicant or licensee has reason to
102.32believe may reasonably constitute grounds for disciplinary action under this section; or
102.33    (2) by an unlicensed person that constitutes the practice of social work when a
102.34license is required to practice social work.
102.35    Subd. 6. Duty to warn. A licensee must comply with the duty to warn established
102.36by section 148.975.
103.1    Subd. 7. Reporting maltreatment of minors. An applicant or licensee must
103.2comply with the reporting of maltreatment of minors established by section 626.556.
103.3    Subd. 8. Reporting maltreatment of vulnerable adults. An applicant or licensee
103.4must comply with the reporting of maltreatment of vulnerable adults established by
103.5section 626.557.
103.6    Subd. 9. Subpoenas. The board may issue subpoenas according to section
103.7148E.245 and chapter 214 for the production of any reports required by this section or
103.8any related documents.

103.9    Sec. 112. [148E.245] INVESTIGATIVE POWERS AND PROCEDURES.
103.10    Subdivision 1. Subpoenas. (a) The board may issue subpoenas and compel the
103.11attendance of witnesses and the production of all necessary papers, books, records,
103.12documents, and other evidentiary material as part of its investigation of an applicant or
103.13licensee under this section or chapter 214.
103.14    (b) If any person fails or refuses to appear or testify regarding any matter about which
103.15the person may be lawfully questioned, or fails or refuses to produce any papers, books,
103.16records, documents, or other evidentiary materials in the matter to be heard, after having
103.17been required by order of the board or by a subpoena of the board to do so, the board may
103.18institute a proceeding in any district court to enforce the board's order or subpoena.
103.19    (c) The board or a designated member of the board acting on behalf of the board
103.20may issue subpoenas or administer oaths to witnesses or take affirmations. Depositions
103.21may be taken within or out of the state in the manner provided by law for the taking of
103.22depositions in civil actions.
103.23    (d) A subpoena or other process or paper may be served upon any person named
103.24therein, by mail or by any officer authorized to serve subpoenas or other process or paper
103.25in civil actions, with the same fees and mileage and in the same manner as prescribed by
103.26law for service of process issued out of the district court of this state.
103.27    (e) Fees, mileage, and other costs must be paid as the board directs.
103.28    Subd. 2. Classification of data. (a) Any records obtained as part of an investigation
103.29must be treated as investigative data under section 13.41 and be classified as confidential
103.30data.
103.31    (b) Notwithstanding paragraph (a), client records must be treated as private data
103.32under chapter 13. Client records must be protected as private data in the records of the
103.33board and in administrative or judicial proceedings unless the client authorizes the board
103.34in writing to make public the identity of the client or a portion or all of the client's records.
104.1    Subd. 3. Mental or physical examination; chemical dependency evaluation. (a)
104.2If the board (1) has probable cause to believe that an applicant or licensee has violated
104.3a statute or rule enforced by the board or an order issued by the board; and (2) believes
104.4the applicant may have a health-related condition relevant to the violation, the board may
104.5issue an order directing the applicant or licensee to submit to one or more of the following:
104.6a mental examination, a physical examination, or a chemical dependency evaluation.
104.7    (b) An examination or evaluation order issued by the board must include:
104.8    (1) factual specifications on which the order is based;
104.9    (2) the purpose of the examination or evaluation;
104.10    (3) the name of the person or entity that will conduct the examination or evaluation;
104.11and
104.12    (4) the means by which the examination or evaluation will be paid for.
104.13    (c) Every applicant or licensee must submit to a mental examination, a physical
104.14examination, or a chemical dependency evaluation when ordered to do so in writing
104.15by the board.
104.16    (d) By submitting to a mental examination, a physical examination, or a chemical
104.17dependency evaluation, an applicant or licensee waives all objections to the admissibility
104.18of the examiner or evaluator's testimony or reports on the grounds that the testimony or
104.19reports constitute a privileged communication.
104.20    Subd. 4. Failure to submit to an examination. (a) If an applicant or licensee fails
104.21to submit to an examination or evaluation ordered by the board according to subdivision 3,
104.22unless the failure was due to circumstances beyond the control of the applicant or licensee,
104.23the failure is an admission that the applicant or licensee violated a statute or rule enforced
104.24by the board as specified in the examination or evaluation order issued by the board.
104.25The failure may result in an application being denied or other adversarial, corrective, or
104.26disciplinary action being taken by the board without a contested case hearing.
104.27    (b) If an applicant or licensee requests a contested case hearing after the board
104.28denies an application or takes other disciplinary or adversarial action, the only issues
104.29which may be determined at the hearing are:
104.30    (1) whether the board had probable cause to issue the examination or evaluation
104.31order; and
104.32    (2) whether the failure to submit to the examination or evaluation was due to
104.33circumstances beyond the control of the applicant or licensee.
104.34    (c) Neither the record of a proceeding under this subdivision nor an order issued
104.35by the board may be admissible, subject to subpoena, or be used against the applicant or
104.36licensee in a proceeding in which the board is not a party or decision maker.
105.1    (d) Information obtained under this subdivision must be treated as private data under
105.2chapter 13. An order issued by the board as the result of an applicant's or licensee's failure
105.3to submit to an examination or evaluation must be treated as public data under chapter 13.
105.4    Subd. 5. Access to data and records. (a) In addition to ordering a physical or
105.5mental examination or chemical dependency evaluation, and notwithstanding section
105.613.384, 144.651, 595.02, or any other statute limiting access to health records, the board
105.7or a designated member of the board acting on behalf of the board may subpoena physical,
105.8mental, and chemical dependency health records relating to an applicant or licensee
105.9without the applicant's or licensee's consent if:
105.10    (1) the board has probable cause to believe that the applicant or licensee has violated
105.11chapter 214, a statute or rule enforced by the board, or an order issued by the board; and
105.12    (2) the board has reason to believe that the records are relevant and necessary to the
105.13investigation.
105.14    (b) An applicant, licensee, insurance company, government agency, health care
105.15facility, or provider as defined in section 144.335, subdivision 1, paragraph (b), must
105.16comply with any subpoena of the board under this subdivision and is not liable in
105.17any action for damages for releasing information subpoenaed by the board under this
105.18subdivision unless the information provided is false and the person or entity providing the
105.19information knew or had reason to know that the information was false.
105.20    (c) Information on individuals obtained under this subdivision must be treated as
105.21investigative data under section 13.41 and be classified as confidential data.
105.22    (d) If an applicant, licensee, person, or entity does not comply with any subpoena of
105.23the board under this subdivision, the board may institute a proceeding in any district court
105.24to enforce the board's subpoena.
105.25    Subd. 6. Evidence of past sexual conduct. If, in a proceeding for taking action
105.26against an applicant or licensee under this section, the charges involve sexual contact with
105.27a client or former client, the board or administrative law judge must not consider evidence
105.28of the client's or former client's previous sexual conduct. Reference to the client's or
105.29former client's previous sexual conduct must not be made during the proceedings or in the
105.30findings, except by motion of the complainant, unless the evidence would be admissible
105.31under the applicable provisions of section 609.347, subdivision 3.
105.32    Subd. 7. Investigations involving vulnerable adults or children in need of
105.33protection. (a) Except as provided in paragraph (b), if the board receives a complaint
105.34about a social worker regarding the social worker's involvement in a case of vulnerable
105.35adults or children in need of protection, the county or other appropriate public authority
106.1may request that the board suspend its investigation, and the board must comply until such
106.2time as the court issues its findings on the case.
106.3    (b) Notwithstanding paragraph (a), the board may continue with an investigation if
106.4the board determines that doing so is in the best interests of the vulnerable adult or a child
106.5in need of protection and is consistent with the board's obligation to protect the public. If
106.6the board chooses to continue an investigation, the board must notify the county or other
106.7appropriate public authority in writing and state its reasons for doing so.
106.8    Subd. 8. Notification of complainant. (a) In no more than 14 calendar days after
106.9receiving a complaint regarding a licensee, the board must notify the complainant that the
106.10board has received the complaint.
106.11    (b) The board must periodically notify the complainant of the status of the complaint.
106.12    Subd. 9. Notification of licensee. (a) Except as provided in paragraph (b), in no
106.13more than 60 calendar days after receiving a complaint regarding a licensee, the board must
106.14notify the licensee that the board has received the complaint and inform the licensee of:
106.15    (1) the substance of the complaint;
106.16    (2) the sections of the law that allegedly have been violated; and
106.17    (3) whether an investigation is being conducted.
106.18    (b) Paragraph (a) does not apply if:
106.19    (1) the board determines that such notice would compromise the board's investigation
106.20according to section 214.10; or
106.21    (2) the board determines that such notice cannot reasonably be accomplished within
106.22this time.
106.23    (c) The board must periodically notify the licensee of the status of the complaint.
106.24    Subd. 10. Resolution of complaints. In no more than one year after receiving a
106.25complaint regarding a licensee, the board must resolve or dismiss the complaint unless
106.26the board determines that resolving or dismissing the complaint cannot reasonably be
106.27accomplished within this time.

106.28    Sec. 113. [148E.250] OBLIGATION TO COOPERATE.
106.29    Subdivision 1. Obligation to cooperate. An applicant or licensee who is the subject
106.30of an investigation, or who is questioned by or on behalf of the board in connection with
106.31an investigation, must cooperate fully with the investigation. Cooperation includes, but is
106.32not limited to:
106.33    (1) responding fully and promptly to any question relating to the investigation;
106.34    (2) as reasonably requested by the board, providing copies of client and other records
106.35in the applicant's or licensee's possession relating to the investigation;
107.1    (3) executing release of records as reasonably requested by the board; and
107.2    (4) appearing at conferences, hearings, or meetings scheduled by the board, as
107.3required in sections 148E.255 to 148E.270 and chapter 214.
107.4    Subd. 2. Investigation. A social worker must not knowingly withhold relevant
107.5information, give false or misleading information, or do anything to obstruct an
107.6investigation of the social worker or another social worker by the board or by another state
107.7or federal regulatory or law enforcement authority.
107.8    Subd. 3. Payment for copies. The board must pay for copies requested by the board.
107.9    Subd. 4. Access to client records. Notwithstanding any law to the contrary, an
107.10applicant or licensee must allow the board access to any records of a client provided
107.11services by the applicant or licensee under investigation. If the client has not signed a
107.12consent permitting access to the client's records, the applicant or licensee must delete any
107.13data in the records that identifies the client before providing the records to the board.
107.14    Subd. 5. Classification of data. Any records obtained according to this subdivision
107.15must be treated as investigative data according to section 13.41 and be classified as
107.16confidential data.

107.17    Sec. 114. [148E.255] TYPES OF ACTIONS.
107.18    Subdivision 1. Actions. The board may take disciplinary action according to
107.19section 148E.260, adversarial but nondisciplinary action according to section 148E.265,
107.20or voluntary action according to section 148E.270. Any action taken under sections
107.21148E.260 to 148E.270 is public data.
107.22    Subd. 2. Disciplinary action. For purposes of section 148E.260, "disciplinary
107.23action" means an action taken by the board against an applicant or licensee that addresses
107.24a complaint alleging a violation of a statute or rule the board is empowered to enforce.
107.25    Subd. 3. Adversarial but nondisciplinary action. For purposes of section
107.26148E.265, "adversarial but nondisciplinary action" means a nondisciplinary action taken
107.27by the board that addresses a complaint alleging a violation of a statute or rule the board
107.28is empowered to enforce.
107.29    Subd. 4. Voluntary action. For purposes of section 148E.270, "voluntary action"
107.30means a nondisciplinary action agreed to by the board or a designated board member and
107.31an applicant or licensee that, through educational or other corrective means, addresses a
107.32complaint alleging a violation of a statute or rule that the board is empowered to enforce.

107.33    Sec. 115. [148E.260] DISCIPLINARY ACTIONS.
108.1    Subdivision 1. General disciplinary actions. (a) When the board has grounds for
108.2disciplinary actions under this chapter, the board may take one or more of the following
108.3disciplinary actions:
108.4    (1) deny an application;
108.5    (2) permanently revoke a license to practice social work;
108.6    (3) indefinitely or temporarily suspend a license to practice social work;
108.7    (4) impose restrictions on a licensee's scope of practice;
108.8    (5) impose conditions required for the licensee to maintain licensure, including,
108.9but not limited to, additional education, supervision, and requiring the passing of an
108.10examination provided for in section 148E.055;
108.11    (6) reprimand a licensee;
108.12    (7) impose a civil penalty of up to $10,000 for each violation in order to discourage
108.13future violations or to deprive the licensee of any economic advantage gained by reason
108.14of the violation; or
108.15    (8) impose a fee to reimburse the board for all or part of the cost of the proceedings
108.16resulting in disciplinary action, including, but not limited to, the amount paid by the board
108.17for services received from or expenses incurred by the Office of Administrative Hearings,
108.18the Office of the Attorney General, court reporters, witnesses, board members, board staff,
108.19or the amount paid by the board for reproducing records.
108.20    (b) Disciplinary action taken by the board under this subdivision is in effect pending
108.21determination of an appeal unless the court, upon petition and for good cause shown,
108.22decides otherwise.
108.23    Subd. 2. Reprimands. (a) In addition to the board's authority to issue a reprimand
108.24according to subdivision 1, a designated board member reviewing a complaint as provided
108.25for in chapter 214 may issue a reprimand to a licensee. The designated board member
108.26must notify the licensee that the reprimand will become final disciplinary action unless the
108.27licensee requests a hearing by the board within 14 calendar days.
108.28    (b) If the licensee requests a hearing within 14 calendar days, the board must
108.29schedule a hearing unless the designated board member withdraws the reprimand.
108.30    (c) The hearing must be scheduled within 14 working days of the time the licensee
108.31submits a request for the hearing.
108.32    (d) The designated board member who issued the reprimand may participate in the
108.33hearing but must not deliberate or vote on the decision by the board.
108.34    (e) The only evidence permitted at the hearing is affidavits or other documents
108.35except for testimony by the licensee or other witnesses whose testimony the board chair
108.36has authorized for good cause.
109.1    (f) If testimony is authorized, the testimony is subject to cross-examination.
109.2    (g) After the hearing, the board must affirm or dismiss the reprimand.
109.3    Subd. 3. Temporary suspensions. (a) In addition to any other remedy provided
109.4by statute, the board or a designated board member may, without a hearing, temporarily
109.5suspend a license to practice social work if the board or the designated board member
109.6finds that:
109.7    (1) the licensee has violated a statute or rule enforced by the board, any other federal
109.8or state law or rule related to the practice of social work, or an order, stipulation, or
109.9agreement agreed to or issued by the board; and
109.10    (2) continued practice by the licensee would create a serious risk of harm to others.
109.11    (b) The suspension is in effect upon service of a written order on the licensee
109.12specifying the statute, rule, order, stipulation, or agreement violated. Service of the order
109.13is effective if the order is served on the licensee or the licensee's attorney personally or
109.14by first class mail to the most recent address provided to the board for the licensee or the
109.15licensee's attorney.
109.16    (c) The temporary suspension remains in effect until after the board issues an order
109.17according to paragraph (e), or if there is a contested case hearing, after the board issues a
109.18written final order according to paragraph (g).
109.19    (d) If the licensee requests in writing within five calendar days of service of the
109.20order that the board hold a hearing, the board must hold a hearing on the sole issue of
109.21whether to continue, modify, or lift the suspension. The board must hold the hearing
109.22within ten working days of receipt of the licensee's written request. Evidence presented
109.23by the board or licensee must be in affidavit form only, except that the licensee or the
109.24licensee's attorney may present oral argument.
109.25    (e) Within five working days after the hearing, the board must issue its order. If
109.26the licensee contests the order, the board must schedule a contested case hearing under
109.27chapter 14. The contested case hearing must be scheduled to occur within 45 calendar
109.28days after issuance of the order.
109.29    (f) The administrative law judge must issue a report within 30 calendar days after
109.30the contested case hearing is concluded.
109.31    (g) The board must issue a final order within 30 calendar days after the board
109.32receives the administrative law judge's report.

109.33    Sec. 116. [148E.265] ADVERSARIAL BUT NONDISCIPLINARY ACTIONS.
109.34    Subdivision 1. Automatic suspensions. (a) A license to practice social work is
109.35automatically suspended if:
110.1    (1) a guardian of a licensee is appointed by order of a court according to sections
110.2524.5-101 and 524.5-102; or
110.3    (2) the licensee is committed by order of a court according to chapter 253B.
110.4    (b) A license remains suspended until:
110.5    (1) the licensee is restored to capacity by a court; and
110.6    (2) upon petition by the licensee and after a hearing or an agreement with the
110.7licensee, the board terminates the suspension.
110.8    (c) If the board terminates the suspension, it may do so with or without conditions
110.9or restrictions, including, but not limited to, participation in the health professional
110.10services program.
110.11    Subd. 2. Cease and desist orders. (a) The board or a designated board member
110.12may issue a cease and desist order to stop a person from engaging in unauthorized practice
110.13or from violating or threatening to violate a statute or rule enforced by the board or an
110.14order, stipulation, or agreement agreed to or issued by the board.
110.15    (b) The cease and desist order must state the reason for its issuance and give notice
110.16of the person's right to request a hearing under sections 14.57 to 14.62. If the person fails
110.17to request a hearing in writing postmarked within 15 calendar days after service of the
110.18cease and desist order, the order is the final order of the board and is not reviewable by
110.19a court or agency.
110.20    (c) If the board receives a written request for a hearing postmarked within 15
110.21calendar days after service of the cease and desist order, the board must schedule a hearing
110.22within 30 calendar days of receiving the request.
110.23    (d) The administrative law judge must issue a report within 30 calendar days after
110.24the contested case hearing is concluded.
110.25    (e) Within 30 calendar days after the board receives the administrative law judge's
110.26report, the board must issue a final order modifying, vacating, or making permanent
110.27the cease and desist order. The final order remains in effect until modified or vacated
110.28by the board.
110.29    (f) If a person does not comply with a cease and desist order, the board may institute
110.30a proceeding in any district court to obtain injunctive relief or other appropriate relief,
110.31including but not limited to, a civil penalty payable to the board of up to $10,000 for
110.32each violation.
110.33    (g) A cease and desist order issued according to this subdivision does not relieve a
110.34person from criminal prosecution by a competent authority or from disciplinary action
110.35by the board.
111.1    Subd. 3. Injunctive relief. (a) In addition to any other remedy provided by law, the
111.2board may bring an action in district court for injunctive relief to restrain any unauthorized
111.3practice or violation or threatened violation of any statute or rule, stipulation, or agreement
111.4agreed to or enforced by the board or an order issued by the board.
111.5    (b) A temporary restraining order may be granted in the proceeding if continued
111.6activity by a person would create an imminent risk of harm to others.
111.7    (c) Injunctive relief granted according to this subdivision does not relieve a person
111.8from criminal prosecution by a competent authority or from disciplinary action by the
111.9board.
111.10    (d) In bringing an action for injunctive relief, the board need not show irreparable
111.11harm.

111.12    Sec. 117. [148E.270] VOLUNTARY ACTIONS.
111.13    Subdivision 1. Agreements for corrective action. (a) The board or a designated
111.14board member may enter into an agreement for corrective action with an applicant or
111.15licensee when the board or a designated board member determines that a complaint
111.16alleging a violation of a statute or rule enforced by the board or an order issued by the
111.17board may best be resolved through an agreement for corrective action when disciplinary
111.18action is not required to protect the public.
111.19    (b) An agreement for corrective action must:
111.20    (1) be in writing;
111.21    (2) specify the facts upon which the agreement is based;
111.22    (3) clearly indicate the corrective action agreed upon; and
111.23    (4) provide that the complaint that resulted in the agreement must be dismissed by the
111.24board or the designated board member upon successful completion of the corrective action.
111.25    (c) The board or designated board member may determine successful completion
111.26when the applicant or licensee submits a request for dismissal that documents the
111.27applicant's or licensee's successful completion of the corrective action. The burden of
111.28proof is on the applicant or licensee to prove successful completion.
111.29    (d) An agreement for corrective action is not disciplinary action but must be treated
111.30as public data under chapter 13.
111.31    (e) The board may impose a fee to reimburse the board for all or part of the costs
111.32of the proceedings resulting in a corrective action, including, but not limited to, the
111.33amount paid by the board for services received from or expenses incurred by the Office
111.34of the Attorney General, board members, board staff, or the amount paid by the board
111.35for reproducing records.
112.1    (f) The board or designated board member must not enter into an agreement for
112.2corrective action when the complaint alleged sexual conduct with a client unless there is
112.3insufficient evidence to justify disciplinary action but there is a basis for corrective action.
112.4    Subd. 2. Stipulations to cease practicing social work. (a) The board or a
112.5designated board member may enter into a stipulation to cease practicing social work with
112.6a licensee if the board or designated board member determines that the licensee is unable
112.7to practice social work competently or safely or that the social worker's continued practice
112.8creates an unacceptable risk of safety to clients, potential clients, or the public.
112.9    (b) A stipulation to cease practicing social work must:
112.10    (1) be in writing;
112.11    (2) specify the facts upon which the stipulation is based;
112.12    (3) clearly indicate that the licensee must not practice social work and must not hold
112.13out to the public that the social worker is licensed; and
112.14    (4) specify the term of the stipulation or when and under what circumstances the
112.15licensee may petition the board for termination of the stipulation.
112.16    (c) A stipulation to cease practicing social work is not disciplinary action but must
112.17be treated as public data under chapter 13.
112.18    (d) Nothing in this subdivision prevents the board or designated board member
112.19from taking any other disciplinary or adversarial action authorized by sections 148E.255
112.20to 148E.265 in lieu of or in addition to entering into a stipulation to cease practicing
112.21social work.

112.22    Sec. 118. [148E.275] UNAUTHORIZED PRACTICE.
112.23    No individual may:
112.24    (1) engage in the practice of social work without a social work license under
112.25sections 148E.055 and 148E.060, except when the individual is exempt from licensure
112.26according to section 148E.065;
112.27    (2) provide social work services to a client who resides in this state when the
112.28individual providing the services is not licensed as a social worker according to sections
112.29148E.055 to 148E.060, except when the individual is exempt from licensure according to
112.30section 148E.065.

112.31    Sec. 119. [148E.280] USE OF TITLES.
112.32    No individual may be presented to the public by any title incorporating the words
112.33"social work" or "social worker" or in the titles in section 148E.195, unless that individual
113.1holds a license under sections 148E.055 and 148E.060, or practices in a setting exempt
113.2from licensure under section 148E.065.

113.3    Sec. 120. [148E.285] REPORTING REQUIREMENTS.
113.4    Subdivision 1. Institutions. A state agency, political subdivision, agency of a local
113.5unit of government, private agency, hospital, clinic, prepaid medical plan, or other health
113.6care institution or organization must report to the board:
113.7    (1) any adversarial action, disciplinary action, or other sanction for conduct that
113.8might constitute grounds for action under section 148E.190;
113.9    (2) the resignation of any applicant or licensee prior to the conclusion of any
113.10proceeding for adversarial action, disciplinary action, or other sanction for conduct that
113.11might constitute grounds for action under section 148E.190; or
113.12    (3) the resignation of any applicant or licensee prior to the commencement of a
113.13proceeding for adversarial action, disciplinary action, or other sanction for conduct that
113.14might constitute grounds for action under section 148E.190, but after the applicant or
113.15licensee had knowledge that a proceeding was contemplated or in preparation.
113.16    Subd. 2. Professional societies and associations. A state or local professional
113.17society or association whose members consist primarily of licensed social workers must
113.18report to the board any adversarial action, disciplinary action, or other sanction taken
113.19against a member.
113.20    Subd. 3. Immunity. An individual, professional society or association, state agency,
113.21political subdivision, agency of a local unit of government, private agency, hospital,
113.22clinic, prepaid medical plan, other health care institution or organization, or other entity is
113.23immune from civil liability or criminal prosecution for submitting in good faith a report
113.24under subdivision 1 or 2 or for otherwise reporting, providing information, or testifying
113.25about violations or alleged violations of this chapter.

113.26    Sec. 121. [148E.290] PENALTIES.
113.27    An individual or other entity that violates section 148E.275, 148E.280, or 148E.285
113.28is guilty of a misdemeanor.

113.29    Sec. 122. Minnesota Statutes 2006, section 151.01, is amended by adding a subdivision
113.30to read:
113.31    Subd. 31. Electronic signature. "Electronic signature" means an electronic sound,
113.32symbol, or process attached to or associated with a record and executed or adopted by a
113.33person with the intent to sign the record.

114.1    Sec. 123. Minnesota Statutes 2006, section 151.01, is amended by adding a subdivision
114.2to read:
114.3    Subd. 32. Electronic transmission. "Electronic transmission" means transmission
114.4of information in electronic form.

114.5    Sec. 124. Minnesota Statutes 2006, section 151.06, subdivision 1, is amended to read:
114.6    Subdivision 1. Generally; rules. (a) Powers and duties. The Board of Pharmacy
114.7shall have the power and it shall be its duty:
114.8    (1) to regulate the practice of pharmacy;
114.9    (2) to regulate the manufacture, wholesale, and retail sale of drugs within this state;
114.10    (3) to regulate the identity, labeling, purity, and quality of all drugs and medicines
114.11dispensed in this state, using the United States Pharmacopeia and the National Formulary,
114.12or any revisions thereof, or standards adopted under the federal act as the standard;
114.13    (4) to enter and inspect by its authorized representative any and all places where
114.14drugs, medicines, medical gases, or veterinary drugs or devices are sold, vended, given
114.15away, compounded, dispensed, manufactured, wholesaled, or held; it may secure samples
114.16or specimens of any drugs, medicines, medical gases, or veterinary drugs or devices
114.17after paying or offering to pay for such sample; it shall be entitled to inspect and make
114.18copies of any and all records of shipment, purchase, manufacture, quality control, and
114.19sale of these items provided, however, that such inspection shall not extend to financial
114.20data, sales data, or pricing data;
114.21    (5) to examine and license as pharmacists all applicants whom it shall deem qualified
114.22to be such;
114.23    (6) to license wholesale drug distributors;
114.24    (7) to deny, suspend, revoke, or refuse to renew any registration or license required
114.25under this chapter, to any applicant or registrant or licensee upon any of the following
114.26grounds:
114.27    (i) fraud or deception in connection with the securing of such license or registration;
114.28    (ii) in the case of a pharmacist, conviction in any court of a felony;
114.29    (iii) in the case of a pharmacist, conviction in any court of an offense involving
114.30moral turpitude;
114.31    (iv) habitual indulgence in the use of narcotics, stimulants, or depressant drugs;
114.32or habitual indulgence in intoxicating liquors in a manner which could cause conduct
114.33endangering public health;
114.34    (v) unprofessional conduct or conduct endangering public health;
114.35    (vi) gross immorality;
115.1    (vii) employing, assisting, or enabling in any manner an unlicensed person to
115.2practice pharmacy;
115.3    (viii) conviction of theft of drugs, or the unauthorized use, possession, or sale thereof;
115.4    (ix) violation of any of the provisions of this chapter or any of the rules of the State
115.5Board of Pharmacy;
115.6    (x) in the case of a pharmacy license, operation of such pharmacy without a
115.7pharmacist present and on duty;
115.8    (xi) in the case of a pharmacist, physical or mental disability which could cause
115.9incompetency in the practice of pharmacy;
115.10    (xii) in the case of a pharmacist, the suspension or revocation of a license to practice
115.11pharmacy in another state; or
115.12    (xiii) in the case of a pharmacist, aiding suicide or aiding attempted suicide in
115.13violation of section 609.215 as established by any of the following:
115.14    (A) a copy of the record of criminal conviction or plea of guilty for a felony in
115.15violation of section 609.215, subdivision 1 or 2;
115.16    (B) a copy of the record of a judgment of contempt of court for violating an
115.17injunction issued under section 609.215, subdivision 4;
115.18    (C) a copy of the record of a judgment assessing damages under section 609.215,
115.19subdivision 5 ; or
115.20    (D) a finding by the board that the person violated section 609.215, subdivision
115.211 or 2. The board shall investigate any complaint of a violation of section 609.215,
115.22subdivision 1 or 2;
115.23    (8) to employ necessary assistants and make adopt rules for the conduct of its
115.24business;
115.25    (9) to register as pharmacy technicians all applicants who the board determines are
115.26qualified to carry out the duties of a pharmacy technician; and
115.27    (10) to perform such other duties and exercise such other powers as the provisions of
115.28the act may require.
115.29    (b) Temporary suspension. In addition to any other remedy provided by law, the
115.30board may, without a hearing, temporarily suspend a license for not more than 60 days if
115.31the board finds that a pharmacist has violated a statute or rule that the board is empowered
115.32to enforce and continued practice by the pharmacist would create an imminent risk of
115.33harm to others. The suspension shall take effect upon written notice to the pharmacist,
115.34specifying the statute or rule violated. At the time it issues the suspension notice, the
115.35board shall schedule a disciplinary hearing to be held under the Administrative Procedure
116.1Act. The pharmacist shall be provided with at least 20 days' notice of any hearing held
116.2under this subdivision.
116.3    (c) Rules. For the purposes aforesaid, it shall be the duty of the board to make
116.4and publish uniform rules not inconsistent herewith for carrying out and enforcing
116.5the provisions of this chapter. The board shall adopt rules regarding prospective drug
116.6utilization review and patient counseling by pharmacists. A pharmacist in the exercise of
116.7the pharmacist's professional judgment, upon the presentation of a new prescription by a
116.8patient or the patient's caregiver or agent, shall perform the prospective drug utilization
116.9review required by rules issued under this subdivision.

116.10    Sec. 125. Minnesota Statutes 2006, section 151.21, subdivision 1, is amended to read:
116.11    Subdivision 1. Generally. Except as provided in this section, it shall be unlawful for
116.12any pharmacist, assistant pharmacist, or pharmacist intern who dispenses prescriptions,
116.13drugs, and medicines to substitute an article different from the one ordered, or deviate
116.14in any manner from the requirements of an order or prescription without the approval of
116.15the prescriber.

116.16    Sec. 126. Minnesota Statutes 2006, section 151.21, subdivision 2, is amended to read:
116.17    Subd. 2. Brand name specified. When a pharmacist receives a written paper or
116.18hard copy prescription on which the prescriber has personally written in handwriting
116.19"dispense as written" or "D.A.W.," a prescription sent by electronic transmission on which
116.20the prescriber has expressly indicated in a manner consistent with the standards for
116.21electronic prescribing under Code of Federal Regulations, title 42, section 423, that the
116.22prescription is to be dispensed as transmitted and which bears the prescriber's electronic
116.23signature, or an oral prescription in which the prescriber has expressly indicated that the
116.24prescription is to be dispensed as communicated, the pharmacist shall dispense the brand
116.25name legend drug as prescribed.

116.26    Sec. 127. Minnesota Statutes 2006, section 151.21, subdivision 3, is amended to read:
116.27    Subd. 3. Brand name not specified. When a pharmacist receives a written paper or
116.28hard copy prescription on which the prescriber has not personally written in handwriting
116.29"dispense as written" or "D.A.W.," a prescription sent by electronic transmission on which
116.30the prescriber has not expressly indicated in a manner consistent with the standards for
116.31electronic prescribing under Code of Federal Regulations, title 42, section 423, that the
116.32prescription is to be dispensed as transmitted and which bears the prescriber's electronic
116.33signature, or an oral prescription in which the prescriber has not expressly indicated
117.1that the prescription is to be dispensed as communicated, and there is available in the
117.2pharmacist's stock a less expensive generically equivalent drug that, in the pharmacist's
117.3professional judgment, is safely interchangeable with the prescribed drug, then the
117.4pharmacist shall, after disclosing the substitution to the purchaser, dispense the generic
117.5drug, unless the purchaser objects. A pharmacist may also substitute pursuant to the oral
117.6instructions of the prescriber. A pharmacist may not substitute a generically equivalent
117.7drug product unless, in the pharmacist's professional judgment, the substituted drug is
117.8therapeutically equivalent and interchangeable to the prescribed drug. A pharmacist
117.9shall notify the purchaser if the pharmacist is dispensing a drug other than the brand
117.10name drug prescribed.

117.11    Sec. 128. Minnesota Statutes 2006, section 151.21, is amended by adding a subdivision
117.12to read:
117.13    Subd. 3a. Prescriptions by electronic transmission. Nothing in this section
117.14permits a prescriber to maintain "dispense as written" or "D.A.W." as a default on all
117.15prescriptions. Prescribers must add the "dispense as written" or "D.A.W." designation to
117.16electronic prescriptions individually, as appropriate.

117.17    Sec. 129. Minnesota Statutes 2006, section 214.103, subdivision 8, is amended to read:
117.18    Subd. 8. Dismissal of a complaint. A complaint may not be dismissed without
117.19the concurrence of at least two board members, and a review by a representative of
117.20the attorney general's office. The designee of the attorney general must review before
117.21dismissal any complaints which allege any violation of chapter 609, any conduct which
117.22would be required to be reported under section 626.556 or 626.557, any sexual contact
117.23or sexual conduct with a client, any violation of a federal law, any actual or potential
117.24inability to practice the regulated profession or occupation by reason of illness, use of
117.25alcohol, drugs, chemicals, or any other materials, or as a result of any mental or physical
117.26condition, any violation of state medical assistance laws, or any disciplinary action related
117.27to credentialing in another jurisdiction or country which was based on the same or related
117.28conduct specified in this subdivision.

117.29    Sec. 130. Minnesota Statutes 2006, section 214.103, subdivision 9, is amended to read:
117.30    Subd. 9. Information to complainant. A board shall furnish to a person who
117.31made a complaint a written description of the board's complaint process, as well as the
117.32actions of the board relating to the complaint.

118.1    Sec. 131. Minnesota Statutes 2006, section 214.32, subdivision 1, is amended to read:
118.2    Subdivision 1. Management. (a) A Health Professionals Services Program
118.3Committee is established, consisting of one person appointed by each participating board,
118.4with each participating board having one vote. The committee shall designate one board
118.5to provide administrative management of the program, set the program budget and the
118.6pro rata share of program expenses to be borne by each participating board, provide
118.7guidance on the general operation of the program, including hiring of program personnel,
118.8and ensure that the program's direction is in accord with its authority. If the participating
118.9boards change which board is designated to provide administrative management of
118.10the program, any appropriation remaining for the program shall transfer to the newly
118.11designated board on the effective date of the change. The participating boards must inform
118.12the appropriate legislative committees and the commissioner of finance of any change
118.13in the administrative management of the program, and the amount of any appropriation
118.14transferred under this provision.
118.15    (b) The designated board, upon recommendation of the Health Professional Services
118.16Program Committee, shall hire the program manager and employees and pay expenses
118.17of the program from funds appropriated for that purpose. The designated board may
118.18apply for grants to pay program expenses and may enter into contracts on behalf of the
118.19program to carry out the purposes of the program. The participating boards shall enter into
118.20written agreements with the designated board.
118.21    (c) An advisory committee is established to advise the program committee consisting
118.22of:
118.23    (1) one member appointed by each of the following: the Minnesota Academy of
118.24Physician Assistants, the Minnesota Dental Association, the Minnesota Chiropractic
118.25Association, the Minnesota Licensed Practical Nurse Association, the Minnesota Medical
118.26Association, the Minnesota Nurses Association, and the Minnesota Podiatric Medicine
118.27Association;
118.28    (2) one member appointed by each of the professional associations of the other
118.29professions regulated by a participating board not specified in clause (1); and
118.30    (3) two public members, as defined by section 214.02.
118.31Members of the advisory committee shall be appointed for two years and members may
118.32be reappointed.
118.33    The advisory committee expires June 30, 2007.

118.34    Sec. 132. Minnesota Statutes 2006, section 245.462, subdivision 18, is amended to
118.35read:
119.1    Subd. 18. Mental health professional. "Mental health professional" means a
119.2person providing clinical services in the treatment of mental illness who is qualified in at
119.3least one of the following ways:
119.4    (1) in psychiatric nursing: a registered nurse who is licensed under sections 148.171
119.5to 148.285; and:
119.6    (i) who is certified as a clinical specialist or as a nurse practitioner in adult or family
119.7psychiatric and mental health nursing by a national nurse certification organization; or
119.8    (ii) who has a master's degree in nursing or one of the behavioral sciences or related
119.9fields from an accredited college or university or its equivalent, with at least 4,000 hours
119.10of post-master's supervised experience in the delivery of clinical services in the treatment
119.11of mental illness;
119.12    (2) in clinical social work: a person licensed as an independent clinical social worker
119.13under chapter 148D, or a person with a master's degree in social work from an accredited
119.14college or university, with at least 4,000 hours of post-master's supervised experience in
119.15the delivery of clinical services in the treatment of mental illness;
119.16    (3) in psychology: an individual licensed by the Board of Psychology under sections
119.17148.88 to 148.98 who has stated to the Board of Psychology competencies in the diagnosis
119.18and treatment of mental illness;
119.19    (4) in psychiatry: a physician licensed under chapter 147 and certified by the
119.20American Board of Psychiatry and Neurology or eligible for board certification in
119.21psychiatry;
119.22    (5) in marriage and family therapy: the mental health professional must be a
119.23marriage and family therapist licensed under sections 148B.29 to 148B.39 with at least
119.24two years of post-master's supervised experience in the delivery of clinical services in
119.25the treatment of mental illness; or
119.26    (6) in licensed professional clinical counseling, the mental health professional must
119.27be a licensed professional clinical counselor under section 148B.5301; or
119.28    (7) in allied fields: a person with a master's degree from an accredited college or
119.29university in one of the behavioral sciences or related fields, with at least 4,000 hours of
119.30post-master's supervised experience in the delivery of clinical services in the treatment of
119.31mental illness.

119.32    Sec. 133. Minnesota Statutes 2006, section 245.470, subdivision 1, is amended to read:
119.33    Subdivision 1. Availability of outpatient services. (a) County boards must provide
119.34or contract for enough outpatient services within the county to meet the needs of adults
119.35with mental illness residing in the county. Services may be provided directly by the
120.1county through county-operated mental health centers or mental health clinics approved
120.2by the commissioner under section 245.69, subdivision 2; by contract with privately
120.3operated mental health centers or mental health clinics approved by the commissioner
120.4under section 245.69, subdivision 2; by contract with hospital mental health outpatient
120.5programs certified by the Joint Commission on Accreditation of Hospital Organizations;
120.6or by contract with a licensed mental health professional as defined in section 245.462,
120.7subdivision 18 , clauses (1) to (4) (6). Clients may be required to pay a fee according to
120.8section 245.481. Outpatient services include:
120.9    (1) conducting diagnostic assessments;
120.10    (2) conducting psychological testing;
120.11    (3) developing or modifying individual treatment plans;
120.12    (4) making referrals and recommending placements as appropriate;
120.13    (5) treating an adult's mental health needs through therapy;
120.14    (6) prescribing and managing medication and evaluating the effectiveness of
120.15prescribed medication; and
120.16    (7) preventing placement in settings that are more intensive, costly, or restrictive
120.17than necessary and appropriate to meet client needs.
120.18    (b) County boards may request a waiver allowing outpatient services to be provided
120.19in a nearby trade area if it is determined that the client can best be served outside the
120.20county.

120.21    Sec. 134. Minnesota Statutes 2006, section 245.4871, subdivision 27, is amended to
120.22read:
120.23    Subd. 27. Mental health professional. "Mental health professional" means a
120.24person providing clinical services in the diagnosis and treatment of children's emotional
120.25disorders. A mental health professional must have training and experience in working with
120.26children consistent with the age group to which the mental health professional is assigned.
120.27A mental health professional must be qualified in at least one of the following ways:
120.28    (1) in psychiatric nursing, the mental health professional must be a registered nurse
120.29who is licensed under sections 148.171 to 148.285 and who is certified as a clinical
120.30specialist in child and adolescent psychiatric or mental health nursing by a national nurse
120.31certification organization or who has a master's degree in nursing or one of the behavioral
120.32sciences or related fields from an accredited college or university or its equivalent, with
120.33at least 4,000 hours of post-master's supervised experience in the delivery of clinical
120.34services in the treatment of mental illness;
121.1    (2) in clinical social work, the mental health professional must be a person licensed
121.2as an independent clinical social worker under chapter 148D, or a person with a master's
121.3degree in social work from an accredited college or university, with at least 4,000 hours of
121.4post-master's supervised experience in the delivery of clinical services in the treatment
121.5of mental disorders;
121.6    (3) in psychology, the mental health professional must be an individual licensed by
121.7the board of psychology under sections 148.88 to 148.98 who has stated to the board of
121.8psychology competencies in the diagnosis and treatment of mental disorders;
121.9    (4) in psychiatry, the mental health professional must be a physician licensed under
121.10chapter 147 and certified by the American board of psychiatry and neurology or eligible
121.11for board certification in psychiatry;
121.12    (5) in marriage and family therapy, the mental health professional must be a
121.13marriage and family therapist licensed under sections 148B.29 to 148B.39 with at least
121.14two years of post-master's supervised experience in the delivery of clinical services in the
121.15treatment of mental disorders or emotional disturbances; or
121.16    (6) in licensed professional clinical counseling, the mental health professional must
121.17be a licensed professional clinical counselor under section 148B.5301; or
121.18    (7) in allied fields, the mental health professional must be a person with a master's
121.19degree from an accredited college or university in one of the behavioral sciences or related
121.20fields, with at least 4,000 hours of post-master's supervised experience in the delivery of
121.21clinical services in the treatment of emotional disturbances.

121.22    Sec. 135. Minnesota Statutes 2006, section 245.488, subdivision 1, is amended to read:
121.23    Subdivision 1. Availability of outpatient services. (a) County boards must provide
121.24or contract for enough outpatient services within the county to meet the needs of each
121.25child with emotional disturbance residing in the county and the child's family. Services
121.26may be provided directly by the county through county-operated mental health centers or
121.27mental health clinics approved by the commissioner under section 245.69, subdivision 2;
121.28by contract with privately operated mental health centers or mental health clinics approved
121.29by the commissioner under section 245.69, subdivision 2; by contract with hospital
121.30mental health outpatient programs certified by the Joint Commission on Accreditation
121.31of Hospital Organizations; or by contract with a licensed mental health professional as
121.32defined in section 245.4871, subdivision 27, clauses (1) to (4) (6). A child or a child's
121.33parent may be required to pay a fee based in accordance with section 245.481. Outpatient
121.34services include:
121.35    (1) conducting diagnostic assessments;
122.1    (2) conducting psychological testing;
122.2    (3) developing or modifying individual treatment plans;
122.3    (4) making referrals and recommending placements as appropriate;
122.4    (5) treating the child's mental health needs through therapy; and
122.5    (6) prescribing and managing medication and evaluating the effectiveness of
122.6prescribed medication.
122.7    (b) County boards may request a waiver allowing outpatient services to be provided
122.8in a nearby trade area if it is determined that the child requires necessary and appropriate
122.9services that are only available outside the county.
122.10    (c) Outpatient services offered by the county board to prevent placement must be at
122.11the level of treatment appropriate to the child's diagnostic assessment.

122.12    Sec. 136. Minnesota Statutes 2006, section 256B.0623, subdivision 5, is amended to
122.13read:
122.14    Subd. 5. Qualifications of provider staff. Adult rehabilitative mental health
122.15services must be provided by qualified individual provider staff of a certified provider
122.16entity. Individual provider staff must be qualified under one of the following criteria:
122.17    (1) a mental health professional as defined in section 245.462, subdivision 18,
122.18clauses (1) to (5). If the recipient has a current diagnostic assessment by a licensed mental
122.19health professional as defined in section 245.462, subdivision 18, clauses (1) to (5) (6),
122.20recommending receipt of adult mental health rehabilitative services, the definition of
122.21mental health professional for purposes of this section includes a person who is qualified
122.22under section 245.462, subdivision 18, clause (6) (7), and who holds a current and valid
122.23national certification as a certified rehabilitation counselor or certified psychosocial
122.24rehabilitation practitioner;
122.25    (2) a mental health practitioner as defined in section 245.462, subdivision 17. The
122.26mental health practitioner must work under the clinical supervision of a mental health
122.27professional; or
122.28    (3) a mental health rehabilitation worker. A mental health rehabilitation worker
122.29means a staff person working under the direction of a mental health practitioner or mental
122.30health professional and under the clinical supervision of a mental health professional in
122.31the implementation of rehabilitative mental health services as identified in the recipient's
122.32individual treatment plan who:
122.33    (i) is at least 21 years of age;
122.34    (ii) has a high school diploma or equivalent;
123.1    (iii) has successfully completed 30 hours of training during the past two years in all
123.2of the following areas: recipient rights, recipient-centered individual treatment planning,
123.3behavioral terminology, mental illness, co-occurring mental illness and substance abuse,
123.4psychotropic medications and side effects, functional assessment, local community
123.5resources, adult vulnerability, recipient confidentiality; and
123.6    (iv) meets the qualifications in subitem (A) or (B):
123.7    (A) has an associate of arts degree in one of the behavioral sciences or human
123.8services, or is a registered nurse without a bachelor's degree, or who within the previous
123.9ten years has:
123.10    (1) three years of personal life experience with serious and persistent mental illness;
123.11    (2) three years of life experience as a primary caregiver to an adult with a serious
123.12mental illness or traumatic brain injury; or
123.13    (3) 4,000 hours of supervised paid work experience in the delivery of mental health
123.14services to adults with a serious mental illness or traumatic brain injury; or
123.15    (B)(1) is fluent in the non-English language or competent in the culture of the
123.16ethnic group to which at least 20 percent of the mental health rehabilitation worker's
123.17clients belong;
123.18    (2) receives during the first 2,000 hours of work, monthly documented individual
123.19clinical supervision by a mental health professional;
123.20    (3) has 18 hours of documented field supervision by a mental health professional
123.21or practitioner during the first 160 hours of contact work with recipients, and at least six
123.22hours of field supervision quarterly during the following year;
123.23    (4) has review and cosignature of charting of recipient contacts during field
123.24supervision by a mental health professional or practitioner; and
123.25    (5) has 40 hours of additional continuing education on mental health topics during
123.26the first year of employment.

123.27    Sec. 137. Minnesota Statutes 2006, section 256B.0624, subdivision 5, is amended to
123.28read:
123.29    Subd. 5. Mobile crisis intervention staff qualifications. For provision of adult
123.30mental health mobile crisis intervention services, a mobile crisis intervention team is
123.31comprised of at least two mental health professionals as defined in section 245.462,
123.32subdivision 18 , clauses (1) to (5) (6), or a combination of at least one mental health
123.33professional and one mental health practitioner as defined in section 245.462, subdivision
123.3417 , with the required mental health crisis training and under the clinical supervision of
123.35a mental health professional on the team. The team must have at least two people with
124.1at least one member providing on-site crisis intervention services when needed. Team
124.2members must be experienced in mental health assessment, crisis intervention techniques,
124.3and clinical decision-making under emergency conditions and have knowledge of local
124.4services and resources. The team must recommend and coordinate the team's services
124.5with appropriate local resources such as the county social services agency, mental health
124.6services, and local law enforcement when necessary.

124.7    Sec. 138. Minnesota Statutes 2006, section 256B.0624, subdivision 8, is amended to
124.8read:
124.9    Subd. 8. Adult crisis stabilization staff qualifications. (a) Adult mental health
124.10crisis stabilization services must be provided by qualified individual staff of a qualified
124.11provider entity. Individual provider staff must have the following qualifications:
124.12    (1) be a mental health professional as defined in section 245.462, subdivision 18,
124.13clauses (1) to (5) (6);
124.14    (2) be a mental health practitioner as defined in section 245.462, subdivision 17.
124.15The mental health practitioner must work under the clinical supervision of a mental health
124.16professional; or
124.17    (3) be a mental health rehabilitation worker who meets the criteria in section
124.18256B.0623, subdivision 5 , clause (3); works under the direction of a mental health
124.19practitioner as defined in section 245.462, subdivision 17, or under direction of a
124.20mental health professional; and works under the clinical supervision of a mental health
124.21professional.
124.22    (b) Mental health practitioners and mental health rehabilitation workers must have
124.23completed at least 30 hours of training in crisis intervention and stabilization during
124.24the past two years.

124.25    Sec. 139. Minnesota Statutes 2006, section 256B.0943, subdivision 1, is amended to
124.26read:
124.27    Subdivision 1. Definitions. For purposes of this section, the following terms have
124.28the meanings given them.
124.29    (a) "Children's therapeutic services and supports" means the flexible package of
124.30mental health services for children who require varying therapeutic and rehabilitative
124.31levels of intervention. The services are time-limited interventions that are delivered using
124.32various treatment modalities and combinations of services designed to reach treatment
124.33outcomes identified in the individual treatment plan.
125.1    (b) "Clinical supervision" means the overall responsibility of the mental health
125.2professional for the control and direction of individualized treatment planning, service
125.3delivery, and treatment review for each client. A mental health professional who is an
125.4enrolled Minnesota health care program provider accepts full professional responsibility
125.5for a supervisee's actions and decisions, instructs the supervisee in the supervisee's work,
125.6and oversees or directs the supervisee's work.
125.7    (c) "County board" means the county board of commissioners or board established
125.8under sections 402.01 to 402.10 or 471.59.
125.9    (d) "Crisis assistance" has the meaning given in section 245.4871, subdivision 9a.
125.10    (e) "Culturally competent provider" means a provider who understands and can
125.11utilize to a client's benefit the client's culture when providing services to the client. A
125.12provider may be culturally competent because the provider is of the same cultural or
125.13ethnic group as the client or the provider has developed the knowledge and skills through
125.14training and experience to provide services to culturally diverse clients.
125.15    (f) "Day treatment program" for children means a site-based structured program
125.16consisting of group psychotherapy for more than three individuals and other intensive
125.17therapeutic services provided by a multidisciplinary team, under the clinical supervision
125.18of a mental health professional.
125.19    (g) "Diagnostic assessment" has the meaning given in section 245.4871, subdivision
125.2011 .
125.21    (h) "Direct service time" means the time that a mental health professional, mental
125.22health practitioner, or mental health behavioral aide spends face-to-face with a client
125.23and the client's family. Direct service time includes time in which the provider obtains
125.24a client's history or provides service components of children's therapeutic services and
125.25supports. Direct service time does not include time doing work before and after providing
125.26direct services, including scheduling, maintaining clinical records, consulting with others
125.27about the client's mental health status, preparing reports, receiving clinical supervision
125.28directly related to the client's psychotherapy session, and revising the client's individual
125.29treatment plan.
125.30    (i) "Direction of mental health behavioral aide" means the activities of a mental
125.31health professional or mental health practitioner in guiding the mental health behavioral
125.32aide in providing services to a client. The direction of a mental health behavioral aide
125.33must be based on the client's individualized treatment plan and meet the requirements in
125.34subdivision 6, paragraph (b), clause (5).
126.1    (j) "Emotional disturbance" has the meaning given in section 245.4871, subdivision
126.215 . For persons at least age 18 but under age 21, mental illness has the meaning given in
126.3section 245.462, subdivision 20, paragraph (a).
126.4    (k) "Individual behavioral plan" means a plan of intervention, treatment, and
126.5services for a child written by a mental health professional or mental health practitioner,
126.6under the clinical supervision of a mental health professional, to guide the work of the
126.7mental health behavioral aide.
126.8    (l) "Individual treatment plan" has the meaning given in section 245.4871,
126.9subdivision 21 .
126.10    (m) "Mental health professional" means an individual as defined in section 245.4871,
126.11subdivision 27 , clauses (1) to (5) (6), or tribal vendor as defined in section 256B.02,
126.12subdivision 7 , paragraph (b).
126.13    (n) "Preschool program" means a day program licensed under Minnesota Rules,
126.14parts 9503.0005 to 9503.0175, and enrolled as a children's therapeutic services and
126.15supports provider to provide a structured treatment program to a child who is at least 33
126.16months old but who has not yet attended the first day of kindergarten.
126.17    (o) "Skills training" means individual, family, or group training designed to improve
126.18the basic functioning of the child with emotional disturbance and the child's family in the
126.19activities of daily living and community living, and to improve the social functioning of the
126.20child and the child's family in areas important to the child's maintaining or reestablishing
126.21residency in the community. Individual, family, and group skills training must:
126.22    (1) consist of activities designed to promote skill development of the child and the
126.23child's family in the use of age-appropriate daily living skills, interpersonal and family
126.24relationships, and leisure and recreational services;
126.25    (2) consist of activities that will assist the family's understanding of normal child
126.26development and to use parenting skills that will help the child with emotional disturbance
126.27achieve the goals outlined in the child's individual treatment plan; and
126.28    (3) promote family preservation and unification, promote the family's integration
126.29with the community, and reduce the use of unnecessary out-of-home placement or
126.30institutionalization of children with emotional disturbance.

126.31    Sec. 140. Minnesota Statutes 2006, section 256J.08, subdivision 73a, is amended to
126.32read:
126.33    Subd. 73a. Qualified professional. (a) For physical illness, injury, or incapacity,
126.34a "qualified professional" means a licensed physician, a physician's assistant, a nurse
126.35practitioner, or a licensed chiropractor.
127.1    (b) For developmental disability and intelligence testing, a "qualified professional"
127.2means an individual qualified by training and experience to administer the tests necessary
127.3to make determinations, such as tests of intellectual functioning, assessments of adaptive
127.4behavior, adaptive skills, and developmental functioning. These professionals include
127.5licensed psychologists, certified school psychologists, or certified psychometrists working
127.6under the supervision of a licensed psychologist.
127.7    (c) For learning disabilities, a "qualified professional" means a licensed psychologist
127.8or school psychologist with experience determining learning disabilities.
127.9    (d) For mental health, a "qualified professional" means a licensed physician or a
127.10qualified mental health professional. A "qualified mental health professional" means:
127.11    (1) for children, in psychiatric nursing, a registered nurse who is licensed under
127.12sections 148.171 to 148.285, and who is certified as a clinical specialist in child
127.13and adolescent psychiatric or mental health nursing by a national nurse certification
127.14organization or who has a master's degree in nursing or one of the behavioral sciences
127.15or related fields from an accredited college or university or its equivalent, with at least
127.164,000 hours of post-master's supervised experience in the delivery of clinical services in
127.17the treatment of mental illness;
127.18    (2) for adults, in psychiatric nursing, a registered nurse who is licensed under
127.19sections 148.171 to 148.285, and who is certified as a clinical specialist in adult psychiatric
127.20and mental health nursing by a national nurse certification organization or who has a
127.21master's degree in nursing or one of the behavioral sciences or related fields from an
127.22accredited college or university or its equivalent, with at least 4,000 hours of post-master's
127.23supervised experience in the delivery of clinical services in the treatment of mental illness;
127.24    (3) in clinical social work, a person licensed as an independent clinical social worker
127.25under chapter 148D, or a person with a master's degree in social work from an accredited
127.26college or university, with at least 4,000 hours of post-master's supervised experience in
127.27the delivery of clinical services in the treatment of mental illness;
127.28    (4) in psychology, an individual licensed by the Board of Psychology under sections
127.29148.88 to 148.98, who has stated to the Board of Psychology competencies in the
127.30diagnosis and treatment of mental illness;
127.31    (5) in psychiatry, a physician licensed under chapter 147 and certified by the
127.32American Board of Psychiatry and Neurology or eligible for board certification in
127.33psychiatry; and
127.34    (6) in marriage and family therapy, the mental health professional must be a
127.35marriage and family therapist licensed under sections 148B.29 to 148B.39, with at least
128.1two years of post-master's supervised experience in the delivery of clinical services in the
128.2treatment of mental illness; and
128.3    (7) in licensed professional clinical counseling, the mental health professional must
128.4be a licensed professional clinical counselor under section 148B.5301.

128.5    Sec. 141. APPLICABILITY OF RULES.
128.6    Minnesota Rules, parts 5601.0100 to 5601.3200, apply both to physical therapists
128.7and physical therapist assistants, except parts 5601.1200; 5601.1300; 5601.1800;
128.85601.1900; 5601.2000; 5601.3200, subpart 2, item D; and 5601.3200, subpart 5, only
128.9apply to physical therapists.

128.10    Sec. 142. REPEALER.
128.11(a) Minnesota Statutes 2006, sections 148.691, subdivision 3; 148.71, subdivision 1;
128.12148.72; 148.745; and 148.775, are repealed.
128.13(b) Minnesota Statutes 2006, sections 148D.001; 148D.010; 148D.015; 148D.020;
128.14148D.025; 148D.030; 148D.035; 148D.040; 148D.045; 148D.050; 148D.055; 148D.060;
128.15148D.065; 148D.070; 148D.075; 148D.080; 148D.085; 148D.090; 148D.095; 148D.100;
128.16148D.105; 148D.110; 148D.115; 148D.120; 148D.125; 148D.130; 148D.135; 148D.140;
128.17148D.145; 148D.150; 148D.155; 148D.160; 148D.165; 148D.170; 148D.175; 148D.180;
128.18148D.185; 148D.190; 148D.195; 148D.200; 148D.205; 148D.210; 148D.215; 148D.220;
128.19148D.225; 148D.230; 148D.235; 148D.240; 148D.245; 148D.250; 148D.255; 148D.260;
128.20148D.265; 148D.270; 148D.275; 148D.280; 148D.285; and 148D.290, are repealed
128.21effective August 1, 2011.
128.22(c) Minnesota Rules, parts 5601.0200; 5601.0300; 5601.0400; 5601.0500;
128.235601.0600; 5601.0700; 5601.0800; 5601.1400; 5601.1500; 5601.1600; 5601.2800;
128.245601.2900; 5601.3000; 5601.3105; 5601.3110; 5601.3115; 5601.3120; 5601.3125;
128.255601.3130; 5601.3135; 5601.3140; 5601.3145; 5601.3150; 5601.3155; 5601.3160; and
128.265601.3165, are repealed.

128.27    Sec. 143. EFFECTIVE DATE.
128.28    Sections 63 to 121 are effective August 1, 2011.